General Terms and Conditions

Last updated: December 2024

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

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

  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Long-term transaction: a distance contract regarding a series of products and/or services, the delivery and/or acceptance of which is spread over time;

  • Durable data carrier: any means that enables the consumer or entrepreneur 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 consumer’s right to withdraw from the distance contract within the cooling-off period;

  • Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

  • Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusively using one or more means of distance communication up to and including the conclusion of the contract;

  • Means of distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location;

  • Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Olivia James Montréal

Part of:

Demes Electronic Marketing

Chamber of Commerce: 76140261

Strabrecht 23, 5591BN, Heeze, Noord-Brabant

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur, every distance contract concluded, and all orders between the entrepreneur and the consumer.

Before a distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed that the terms and conditions can be inspected at the entrepreneur and will be sent free of charge upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these terms and conditions can be made available electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be viewed electronically and that they will be sent free of charge upon request.

If specific product or service terms also apply, the second and third paragraphs apply accordingly, and the consumer may rely on the provision most favorable to them in case of conflicting terms.

If one or more provisions of these terms and conditions are wholly or partially void or annulled, the remaining terms and conditions and the agreement remain in effect, and the provision in question will be replaced by a provision that closely approximates the intent of the original.

Situations not covered in these terms and conditions will be assessed according to the spirit of these terms and conditions. Ambiguities regarding interpretation or content of one or more provisions will be interpreted in line with the spirit of these terms.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated.

The offer is non-binding. The entrepreneur reserves the right to modify and adjust it.

The offer provides a complete and accurate description of the products and/or services. Images used are a truthful representation of the products and/or services. Obvious errors or mistakes do not bind the entrepreneur.

All images, specifications, and data are indicative and cannot give rise to claims for compensation or dissolution of the contract.

Every offer includes sufficient information for the consumer to understand their rights and obligations, particularly:

  • Price, excluding customs duties and import VAT, which are the responsibility of the customer;

  • Any shipping costs;

  • How the contract will be concluded and the steps required;

  • Whether the right of withdrawal applies;

  • Payment, delivery, and execution methods;

  • The validity period of the offer and price guarantee;

  • Fees for remote communication, if applicable;

  • How the contract is archived and accessible to the consumer;

  • How the consumer can review and correct their data;

  • Available languages besides Dutch;

  • Codes of conduct adhered to by the entrepreneur;

  • Minimum duration for long-term contracts;

  • Optional: available sizes, colors, materials.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and meets the conditions.

If accepted electronically, the entrepreneur confirms receipt electronically. Until confirmation is received, the consumer may cancel the agreement.

The entrepreneur ensures secure electronic data transmission and a safe website environment, including secure electronic payment.

The entrepreneur may verify the consumer’s ability to meet payment obligations and can refuse or set conditions if justified.

The entrepreneur provides written or electronically storable information on:

  • Business address for complaints;

  • Conditions and methods for exercising the right of withdrawal;

  • Warranty and after-sales service;

  • Data listed in Article 4;

  • Termination requirements for long-term or indefinite contracts.

For long-term transactions, the above applies only to the first delivery.

Contracts are subject to product availability.

Article 6 – Right of Withdrawal

Consumers may withdraw from a product purchase within 14 days without giving reasons, starting the day after receipt.

During the cooling-off period, the product must be handled carefully. The product should only be used as needed to determine whether to keep it. Returned products must include all accessories and, if possible, the original packaging.

Consumers must notify the entrepreneur of withdrawal within 14 days and return the product within 14 days, providing proof of shipment. Failure to notify or return within the deadlines finalizes the sale.

Article 7 – Costs in Case of Withdrawal

Return costs are borne by the consumer.

Refunds are issued within 14 days after receipt of the returned product or proof thereof.

Article 8 – Exclusion of Withdrawal Right

The entrepreneur may exclude withdrawal for:

  • Customized products;

  • Personalized items;

  • Products that cannot be returned due to their nature;

  • Perishable goods;

  • Price-sensitive products;

  • Loose newspapers/magazines;

  • Sealed audio, video, or software opened by the consumer;

  • Sealed hygienic products opened by the consumer.

Exclusion for services applies to:

  • Accommodation, transport, restaurant, or leisure on a specific date;

  • Services started with consumer consent before the cooling-off period expires;

  • Bets and lotteries.

Article 9 – Prices

Prices are fixed during the offer period, except for statutory VAT changes.

Price increases within 3 months of agreement only follow legal regulations; after 3 months, they require agreement or termination rights.

Delivery takes place outside the EU; import duties and VAT are the customer’s responsibility.

All prices are subject to printing errors, for which no liability is accepted.

Article 10 – Conformity and Warranty

Products comply with the agreement, specifications, and legal requirements.

Manufacturer warranties do not affect statutory rights.

Defects must be reported within 14 days; returns in original packaging and new condition.

Warranty does not cover:

  • Unauthorized repairs or modifications;

  • Abuse, improper handling, or violation of instructions;

  • Government-imposed material requirements.

Article 11 – Delivery and Execution

Delivery to the customer address with maximum care.

Orders executed within 30 days unless otherwise agreed. Delays entitle the consumer to cancel without cost.

Replacement items are provided if necessary, and returns costs are borne by the entrepreneur.

Risk remains with the entrepreneur until delivery.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal

Termination: Consumers may terminate indefinite or fixed-term agreements according to agreed notice rules, with a maximum one-month notice.

Renewal: Fixed-term agreements generally may not be silently renewed, except short-term magazine/newspaper subscriptions (max 3 months). Consumers must always have the right to terminate with one-month notice.

Agreements longer than one year may be terminated after the first year with one-month notice, unless fairness prevents early termination.

Article 13 – Payment

Payments due within 7 days unless otherwise agreed, starting at the cooling-off period or service confirmation.

Consumers must report incorrect payment details immediately.

In case of non-payment, reasonable costs may be charged.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days of discovery.

Entrepreneur responds within 14 days or acknowledges receipt with expected full response date.

Complaints do not suspend obligations unless stated otherwise.

Grounded complaints will be remedied via repair or replacement.

Article 15 – Disputes

Dutch law applies exclusively, even for consumers living abroad.