Terms and Conditions:
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
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Cooling-off period: The period within which the consumer may exercise their right of withdrawal.
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Consumer: The natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.
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Day: Calendar day.
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Continuing transaction: A distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
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Durable data carrier: Any medium that enables the consumer or entrepreneur to store information personally addressed to them in such a way that it can be retrieved and reproduced unchanged in the future.
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Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
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Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
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Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, where one or more techniques for distance communication are used exclusively up to and including the conclusion of the contract.
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Technology for distance communication: A means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same space.
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General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
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Business name: DIVINA LONDON
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Chamber of Commerce (KvK) number: 97684651
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be provided electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate where the terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting conditions, the consumer may always rely on the provision most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision shall be replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions should also be interpreted “in the spirit” of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough for the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding.
All images, specifications, and data in the offer are indicative and cannot give rise to any claim for damages or termination of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:
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the price, excluding clearance fees and import VAT. These additional costs are for the customer’s account and risk. The postal and/or courier service will collect VAT (and any clearance fees) from the recipient;
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any shipping costs;
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the manner in which the agreement will be concluded and what steps are required;
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whether the right of withdrawal applies;
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the method of payment, delivery, and execution of the contract;
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the period for accepting the offer or the period within which the entrepreneur guarantees the price;
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the cost of distance communication if it is calculated on a basis other than the regular base rate;
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whether the contract will be archived after its conclusion and, if so, how it can be accessed by the consumer;
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the way in which the consumer can check and, if necessary, correct the information provided before concluding the agreement;
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any other languages in which the contract can be concluded in addition to Dutch;
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the codes of conduct to which the entrepreneur has subscribed and how the consumer can consult them electronically;
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the minimum duration of the distance contract in the case of a continuing transaction;
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optional: available sizes, colors, types of materials.
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Article 5 – The Agreement
The agreement, subject to the provisions of paragraph 4, is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this confirmation has not been received, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
Within the limits of the law, the entrepreneur may gather information on whether the consumer can meet their payment obligations, as well as facts and factors important for responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will provide the consumer, along with the product or service, in writing or in a way that can be stored on a durable data carrier, the following information:
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The physical address of the entrepreneur's establishment where the consumer can lodge complaints;
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The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
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Information on warranties and after-sales service;
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The details included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information before executing the contract;
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The requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
For continuing transactions, the provision above applies only to the first delivery.
All agreements are entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement within 14 days without stating reasons. The cooling-off period starts the day after the consumer, or a third party designated by the consumer and known to the entrepreneur, has received the product.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories, if reasonably possible in its original condition and packaging, to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product, by written message or email. After notifying, the consumer must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example, via proof of shipment.
If the consumer has not indicated within the specified period that they wish to exercise the right of withdrawal, or has not returned the product within the return period, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the cost of returning the products will be borne by the consumer. To keep prices low and to purchase products directly from the manufacturer, returns are processed through our international warehouse.
If the consumer has already made a payment, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has been received back by the seller or that conclusive evidence of the full return has been provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion is only possible if the entrepreneur clearly states this in the offer, or at least before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
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Produced by the entrepreneur in accordance with the consumer’s specifications;
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That are clearly personal in nature;
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That by their nature cannot be returned;
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That can spoil or age quickly;
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Whose price is dependent on fluctuations in the financial market beyond the entrepreneur’s control;
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Individual newspapers and magazines;
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Audio and video recordings and computer software where the consumer has broken the seal;
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Hygienic products where the seal has been broken.
Exclusion of the right of withdrawal is only possible for services:
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Relating to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
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Where the delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;
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Relating to betting and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for changes due to VAT adjustments.
By way of exception, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This dependence on fluctuations and the fact that stated prices are indicative will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
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These are due to legal regulations or provisions; or
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The consumer has the right to terminate the agreement from the day on which the price increase takes effect.
The place of delivery is, according to Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, the country where transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge the recipient for import VAT and/or clearance costs. The entrepreneur will therefore not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of reliability and usability, and existing legal provisions and government regulations at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period is equal to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
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The consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
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The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in violation of the entrepreneur’s instructions and/or those on the packaging;
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The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will take the greatest possible care when receiving orders and executing product deliveries.
The place of delivery is the address provided by the consumer to the company.
Subject to what is stated in Article 4 of these terms, the company will execute accepted orders with due speed, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without cost and is entitled to possible compensation.
In case of termination according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, the consumer will be clearly and understandably informed that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative, unless expressly agreed otherwise.
Article 12 – Continuing Transactions: Duration, Termination, and Extension
Termination
The consumer may terminate an agreement entered into for an indefinite period and that aims at the regular delivery of products (including electricity) or services, at any time, observing the agreed termination rules and a notice period of no more than one month.The consumer may terminate a fixed-term agreement that aims at the regular delivery of products (including electricity) or services at any time toward the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.
The consumer may:
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Terminate at any time and not be limited to termination at a specific time or in a specific period;
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Terminate in the same way the agreement was entered into;
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Always terminate with the same notice period the entrepreneur has stipulated for themselves.
Extension
A fixed-term agreement that aims at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.By way of exception, a fixed-term agreement for the regular delivery of newspapers, news magazines, and weeklies may be tacitly renewed for a fixed term of up to three months, provided the consumer can terminate the extended agreement toward the end of the extension with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite term if the consumer can terminate it at any time with a notice period of no more than one month, and no more than three months if the agreement aims at delivering newspapers, news magazines, and weeklies less than once a month.
A fixed-term agreement for the regular delivery of newspapers, news magazines, and weeklies as an introductory or trial subscription is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a term of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate that termination before the end of the agreed duration is not acceptable.Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a service contract, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to report any inaccuracies in the provided or stated payment details to the entrepreneur immediately.
In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, is entitled to charge the consumer reasonable costs that were made known in advance.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and tightened in 2024 regarding the “Amendment of the Dutch Turnover Tax Act 1968 (Implementation of the Payment Service Providers Directive)” and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register transaction data in the European CESOP system.
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