Terms of service

Terms of service

Article 1 – Definitions

In these terms, the following definitions apply:

  • Cooling-off period: the period during which the consumer may exercise the right of withdrawal.

  • Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader. 

  • Day: calendar day.

  • Long-term transaction: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.

  • Durable data carrier: any medium that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

  • Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.

  • Trader: the natural or legal person who offers products and/or services to consumers at a distance.

  • Distance contract: a contract concluded within the framework of a system organized by the trader for the distance sale of products and/or services, where up to and including the conclusion of the contract, exclusively one or more techniques for distance communication are used.

  • Technique for distance communication: a means that can be used for concluding a contract without the consumer and trader being together in the same space at the same time.

  • General terms and conditions: these general terms and conditions of the trader.


Article 2 – Identity of the trader

  • Company: Olive & Mae

  • Address: Kerkring 24, 4364 AN, Grijpskerke

  • Email address: Oliveandmae@gmail.com


Article 3 – Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract and order concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated that the general terms and conditions can be inspected at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer may, in case of conflicting conditions, rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled at any time, the agreement and these conditions will otherwise remain in force, and the relevant provision will be replaced by a provision that approximates the original as closely as possible by mutual agreement.

Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our conditions must 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 trader 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 sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, they are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

All images and specifications in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.

Images of products are a truthful representation of the products offered. The trader cannot guarantee that the displayed colors will exactly match the actual colors of the products.

Each offer contains information such that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns, in particular:

  • Price: the price including taxes.

  • Shipping costs: any costs of delivery.

  • Conclusion method: the manner in which the agreement will be concluded and which actions are required for it.

  • Withdrawal: whether the right of withdrawal applies.

  • Payment, delivery, execution: the method of payment, delivery, and performance of the agreement.

  • Acceptance period: the period for accepting the offer, or the period within which the trader guarantees the price.

  • Communication costs: the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular base rate for the used means of communication.

  • Archiving: whether the agreement will be archived after its conclusion and, if so, in what way it can be accessed by the consumer.

  • Data check: the way the consumer can check and, if desired, correct the data provided in the context of the agreement before the agreement is concluded.

  • Languages: any other languages in which the agreement can be concluded, in addition to Dutch.

  • Codes of conduct access: the way the consumer can consult these codes of conduct electronically.

  • Minimum duration: the minimum duration of the distance contract in case of a long-term transaction.

  • Optional product details: available sizes, colors, types of materials.


Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

The trader may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the trader has good grounds not to conclude the agreement, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to the performance.

The trader will provide 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:

  • A. Complaints address: the visiting address of the trader's establishment where the consumer can lodge complaints.

  • B. Withdrawal details: the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

  • C. Guarantees and aftercare: information about guarantees and existing after-sales service.

  • D. Key offer details: the data included in Article 4, paragraph 3 of these terms, unless the trader has already provided these to the consumer before the performance of the agreement.

  • E. Termination requirements: 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 applies only to the first delivery.

Every agreement is entered into subject to 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 without giving reasons within 14 days. This cooling-off period starts on the day after the product is received by the consumer or by a representative designated in advance by the consumer and known to the trader.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they will return the product with all accessories supplied and—if reasonably possible—in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they are required to notify the trader within 14 days after receiving the product. The consumer must make this notification by a written message/email. After the consumer has indicated they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must be able to prove that the goods were returned on time, for example by means of proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is final.


Article 7 – Costs in the event of withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are at the consumer’s expense.

If the consumer has already paid an amount, the trader will refund this as soon as possible, but no later than 14 days after the withdrawal. This is conditional upon the product having already been received back by the online retailer, or conclusive proof of complete return being provided.


Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, at least in good time before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products:

  • A. that are made by the trader according to the consumer’s specifications;

  • B. that are clearly of a personal nature.

  • C. that, by their nature, cannot be returned;

  • D. that can spoil or age quickly;

  • E. whose price is subject to fluctuations in the financial market over which the trader has no influence;

  • F. single issues of newspapers and magazines;

  • G. audio and video recordings and computer software if the consumer has broken the seal;

  • H. hygienic products if the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • A. related to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;

  • B. whose performance has begun, with the consumer’s explicit consent, before the cooling-off period has expired;

  • C. related 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 price changes resulting from changes in VAT rates.

    By way of derogation from the previous paragraph, the trader may offer products or services with variable prices if those prices are subject to fluctuations in the financial market over which the trader has no influence. This susceptibility to fluctuations and the fact that any stated prices are guide prices will be indicated in the offer.

    Price increases within 3 months after the conclusion of the contract are permitted only if they result from statutory regulations or provisions.

    Price increases from 3 months after the conclusion of the contract are permitted only if the trader has stipulated this and:

    • A. they result from statutory regulations or provisions; or

    • B. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.

    The prices stated in the offer for products or services include 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 or typographical errors, the trader is not obliged to deliver the product at the incorrect price.



    Article 10 – Conformity and warranty

    The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

    A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the trader under the contract.

    Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

    The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.

    The warranty does not apply if:

    • Consumer repair/modification: the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.

    • Improper treatment: the delivered products have been exposed to abnormal conditions, are otherwise treated carelessly, or are handled contrary to the instructions of the trader and/or those on the packaging.

    • Regulatory cause: the defect is wholly or partly the result of regulations set or to be set by the government regarding the nature or quality of the materials used.


    Article 11 – Delivery and performance

    The trader will exercise the greatest possible care when receiving and executing product orders.

    The place of delivery is deemed to be the address that the consumer has communicated to the company.

    Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract at no cost and is entitled to any compensation.

    In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

    If delivery of an ordered product proves impossible, the trader will make efforts to make a replacement item available. No later than at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the trader’s expense.

    The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance by the consumer and made known to the trader, unless expressly agreed otherwise.

    Article 12 – Long-term contracts: duration, termination and renewal

    Termination

    • Indefinite-term contracts: The consumer may terminate an agreement concluded for an indefinite period that provides for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

    • Fixed-term contracts: The consumer may terminate an agreement concluded for a fixed period that provides for the regular supply of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

    • Termination conditions: The consumer may:

      • Terminate at any time, not limited to termination on a specific date or during a specific period.

      • Terminate in at least the same manner as the agreement was entered into.

      • Always terminate with the same notice period that the trader has stipulated for themselves.

        • A fixed-term agreement that provides for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

        • By way of exception to the previous paragraph, a fixed-term agreement for the regular supply of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided the consumer can cancel the extended agreement at the end of any month.

        • A fixed-term agreement for the regular supply of products or services may only be tacitly extended into an indefinite-term agreement if the consumer may terminate at any time with a notice period of no more than one month, and with a notice period of no more than three months in the case of agreements for the regular, but less than once-per-month, supply of daily, news and weekly newspapers and magazines.

        • A limited-duration agreement for the regular introductory supply of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be 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 the agreement at any time after one year with a notice period of no more than one month, unless a longer term has been agreed.


        Article 13 – Payment

        Unless otherwise agreed, 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(1). In the case of an agreement to provide a service, this term begins after the consumer has received confirmation of the agreement.

        The consumer is obliged to notify the trader without delay of any inaccuracies in the payment details provided or stated.

        In the event of the consumer’s non‑payment, and subject to statutory limitations, the trader is entitled to charge the reasonable costs previously communicated to the consumer.


        Article 14 – Complaints procedure

        Complaints about the performance of the agreement must be submitted to the trader in full and clearly described within 7 days after the consumer has discovered the defects.

        Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer handling time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

        If the complaint cannot be resolved by mutual agreement, a dispute arises that is eligible for the dispute resolution procedure.

        A complaint does not suspend the trader’s obligations, unless the trader states otherwise in writing.

        Article 15 – Disputes

        Dutch law exclusively applies to agreements between the trader and the consumer to which these general terms and conditions relate, even if the consumer is resident abroad.