General Terms and Conditions of Realm of Wishes
In these terms and conditions, the following definitions apply:
Cooling-off period: The period within which the consumer can make use of his right of withdrawal.
Consumer: the natural person who is not acting to exercise a profession or business and concludes a remote agreement with the entrepreneur.
Day: calendar day.
Long-term transaction: a remote agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the remote agreement within the cooling-off period.
Model form: the model form for withdrawal that the entrepreneur makes available and which a consumer can fill out when he wants to make use of his right of withdrawal.
Entrepreneur: the natural or legal person offering products and/or services to consumers remotely;
Remote contract: a contract whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for remote communication.
Remote communication technique: a means that can be used for the conclusion of a contract, without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 1 – Identity of the entrepreneur
Realm of Wishes
Pachtersdreef 18
2542 XH The Hague
Netherlands
Phone Number: +31 6 20962090
Email address: info@realmofwishes.com
Chamber of Commerce number: 80081436
VAT identification number: NL003390395B02
Article 2 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every remote contract and orders concluded between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the remote agreement is concluded, that the general terms and conditions are available for inspection at the entrepreneur and that they will be sent to the consumer free of charge, as soon as possible at the consumer’s request.
If the remote agreement is concluded electronically, then, contrary to the previous paragraph, and before the remote agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable condition that is most favorable to him.
If one or more stipulations in these general terms and conditions at any time are invalid or annulled in whole or in part, the remainder of the agreement and these terms and conditions will remain in effect and the provision in question will be replaced without delay in mutual consultation by a provision that approximates the meaning of the original provision as closely as possible.
Situations not regulated by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more stipulations of our terms and conditions should be explained ‘in the spirit’ of these terms and conditions.
Article 3 – 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 contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. The entrepreneur is not bound by obvious mistakes or errors in the offer.
All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed will exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. In particular, these concern:
- the price including taxes;
- the cost of shipping, if any;
- the manner in which the agreement will be established and what actions are required for this purpose;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate for distance communication if the cost of using the distance communication technique is calculated on a basis other than the regular basic rate for the means of communication used;
- if the agreement is archived after its conclusion: how it can be consulted by the consumer;
- the manner in which the consumer, before the conclusion of the contract, can check the data provided by him in the context of the contract and, if desired, restore them;
- any other languages in which, besides Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;
- the minimum duration of the remote agreement in the event of a long-term transaction.
Article 4 – The contract
The agreement is concluded, subject to the stipulations of paragraph 3, at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
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 is able to pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – inform the consumer about his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the business address of the entrepreneur where the consumer can lodge complaints;
- the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the data included in article 3 of these conditions, unless the entrepreneur has already provided this data to the consumer prior to the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.In the case of a long-term transaction, the provision in the previous paragraph will only apply to the first delivery. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 5 – Right of withdrawal
Upon delivery of products:
1.When purchasing products, the consumer has the opportunity to dissolve the agreement without giving reasons during a period of 14 calendar days. This cooling-off period begins on the day after receipt of the product by or on behalf of the consumer.
2.During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.
3.If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wants to use his right of withdrawal, the customer must return the product within 14 days. The risk and burden of proof for the proper and timely exercise of the right of withdrawal (e.g., through proof of shipment) lies with the consumer.
4.If, at the end of the periods mentioned in paragraphs 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is considered concluded.
When providing services:
1.In case of delivery of services, the consumer has the opportunity to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
2.To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.
Article 6 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, he bears the direct costs of the return shipment.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.
Article 7 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products as described below. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is possible only for products:
a.that have been realized by the entrepreneur according to the specifications of the consumer;
b.that are clearly personal in nature;
c.that by their nature cannot be returned;
d.that may spoil or age rapidly;
e.whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f.for products where an existing seal has been broken by the consumer
Exclusion of the right of withdrawal for services, is only possible where delivery has begun with the explicit consent of the consumer before the cooling-off period has expired.
Article 8 – The price
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices are mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer is authorized to terminate the agreement from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 9 – Conformity and Guarantee
1.The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usability, and the legal stipulations and/or government regulations existing on the date of conclusion of the agreement.
2.A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3.Any defective or incorrectly delivered products should be reported in writing to the entrepreneur within 14 calendar days of delivery. Return of the products must be in the original packaging and in new condition.
4.The entrepreneur’s guarantee period corresponds to the manufacturer’s guarantee period. However, 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.
5.The guarantee does not apply if:
6.The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
7.The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of the entrepreneur and/or on the packaging;
8.The inadequacy is wholly or partly the result of regulations that the government has laid down or will lay down with regard to the nature or quality of the materials used.
Article 10 – Delivery and execution
The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this at the latest one month after he has placed the order. In this case, the consumer has the right to terminate the agreement without charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a deadline does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 2 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to make a replacement item available. No later than upon delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment, in this case, will be 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 representative designated in advance and announced to the entrepreneur, unless explicitly agreed otherwise. In this context, the puncture holes of the alarm labels and price tags that may be in the clothing are not counted as damage, because the items are supplied from the store’s stock and have been priced out and labeled as such.
Article 11 – Long-term transactions: duration, cancellation, and renewal
Termination
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products or services, at any time towards the end of the definite term, with due observance of the agreed cancellation rules and a notice period of no more than one month.
Extension
An agreement entered into for a definite period of time and which extends to the regular delivery of products or services will only be tacitly extended remotely if this has been agreed in advance or with the consumer’s consent. In that case, the agreement will continue as an agreement for an indefinite period of time and the notice period after the continuation of the agreement will be a maximum of one month.
Duration
If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of up to one month, unless reasonableness and fairness dictate against termination before the end of the agreed term.
Article 12 – 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 as referred to in article 5 paragraph 1.
In case of an agreement to provide a service, this period will begin after the consumer receives confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
In the event the consumer fails to fulfill his payment, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 13 – Complaints procedure
The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
In case of complaints, a consumer should first turn to the entrepreneur.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 14 – Applicable law
Contracts between the entrepreneur and the consumer to which these general conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 15 – Intellectual property
The Buyer explicitly acknowledges that all intellectual property rights of information, communications or other expressions with regard to the products and/or with regard to the internet site are vested in Realm of Wishes, its suppliers or other entitled parties.
Article 16 – Personal data
Realm of Wishes will only process buyer’s data in accordance with its privacy policy. In doing so, Realm of Wishes observes the applicable privacy regulations and legislation.
Article 17 – Links
Realm of Wishes’ website may contain third-party advertisements or links to other websites. Realm of Wishes has no influence on and is not responsible for the privacy policies of these third parties or their websites.
Article 18 – Your rights
You can always ask Realm of Wishes what data about you is being processed. To do so you need to send an email. In addition you can ask Realm of Wishes by email to make improvements, additions, or other corrections to your data, which Realm of Wishes will process as soon as possible. If you no longer wish to receive information, you can notify Realm of Wishes about this. Information is only sent if you have provided your email address for this.
Article 19 – Additional or different stipulations
Additional stipulations or stipulations that deviate from these general terms and conditions may not be at a disadvantage of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
