General Terms and Conditions

Article 1 – Definitions

These terms and conditions define:

1. Withdrawal period: the period during which the consumer may exercise their right of withdrawal;

2. 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 entrepreneur;

3. Day: calendar day;

4. Subscription contract: a distance contract relating to a series of products and/or services, with delivery and/or purchase obligations spread over time;

5. Durable medium: 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.

6. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the withdrawal period;

7. Model withdrawal form: the model withdrawal form made available by the entrepreneur, which a consumer can complete when wishing to exercise their right of withdrawal.

8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

9. Distance contract: a contract concluded within the framework of an organised system for the distance sale of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of communication at a distance;

10. Means of communication at a distance: a means that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time.

11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Amaranth Amaryllis;

Monsterseweg 86

2691JJ 's-Gravenzande

Email address: info(at)amaranth-amaryllis.com

Chamber of Commerce number: 27223824

VAT identification number: NL007057520B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is reasonably impossible, before the distance contract is concluded, it shall be indicated that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.

3. If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily save it on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that, at the consumer's request, they will be sent free of charge electronically or by other means.

4. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.

6. Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.

7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.

2. The offer is non-binding. The business is entitled to modify and amend the offer.

3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the business uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the business.

4. All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

5. Product images are a true representation of the products offered. The business cannot guarantee that the colors shown exactly match the actual colors of the products.

6. Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

• the price including taxes;
• any delivery costs;
• the way in which the contract will be concluded and which steps are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and performance of the contract;
• the period for accepting the offer, or the period during which the trader guarantees the price;
• the amount of the charge for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the communication medium used;
• whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer;
• the way in which the consumer can check the data provided by them in connection with the contract before concluding it and, if desired, correct it;
• any other languages in which, in addition to Dutch, the contract may be concluded;
• the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a continuing transaction.

Article 5 – The contract

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

2. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer electronically. Until the trader has confirmed this acceptance, the consumer may terminate the contract.

3. If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.

4. The trader may, within the statutory framework, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.

5. The trader shall provide the consumer with the following information with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable medium:

• the visiting address of the trader’s establishment where the consumer can submit complaints.
• the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
• information about warranties and existing after-sales service;
• the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer before performing the agreement;
• the requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.

6. In the case of a continuing-performance agreement, the provision in the previous paragraph applies only to the first delivery.

7. Every agreement is entered into subject to the condition that the relevant products are sufficiently available.

Article 6 – Right of withdrawal

For the provision of products

1. When purchasing products, the consumer has the right to cancel the agreement without giving any reason for 14 days. This withdrawal period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the trader, receives the product.

2. During the withdrawal period, the consumer must handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they must return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

3. If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must provide this notification using the model form or another means of communication, such as email. After notifying the trader that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of dispatch.

4. 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.

For the provision of services

1. For the provision of services, the consumer has the right to cancel the agreement without giving any reason for at least 14 days, starting on the day the agreement is entered into.

2. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 – Costs in the event of withdrawal

1. If the consumer exercises the right of withdrawal, the consumer will bear no more than the costs of returning the product.

2. If the consumer has paid an amount, the trader 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 online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.

3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting depreciation of the product.

4. The consumer cannot be held liable for any depreciation of the product if the trader has not provided all legally required information about the right of withdrawal before the sales agreement was concluded.

Article 8 – Exclusion of the right of withdrawal

1. 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, or at the latest before the agreement is concluded.

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

• that have been produced by the trader in accordance with the consumer’s specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that may deteriorate or age rapidly;
• whose price is tied to fluctuations in the financial market over which the trader has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software whose seal has been broken by the consumer;
• for hygiene products whose seal has been broken by the consumer.

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

• concerning accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
• for which delivery has begun with the consumer’s express consent before the cooling-off period has expired;
• concerning betting and lotteries.

Article 9 – The price

1. 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.

2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence at variable prices. This connection to fluctuations and the fact that any prices stated are indicative prices will be mentioned in the offer.

3. Price increases within 3 months after the agreement is concluded are permitted only if they result from statutory regulations or provisions.

4. Price increases from 3 months after the agreement is concluded are permitted only if the entrepreneur has stipulated this and:

• this results from statutory regulations or provisions; or
• the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.

5. The prices stated in the offer for products or services include VAT.

6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, 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 agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the consumer’s statutory rights and claims against the entrepreneur under the agreement.

3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in their 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:

• the consumer has repaired and/or modified the products supplied themselves or has had them repaired and/or modified by third parties;
• the products supplied have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or have been handled contrary to the instructions on the packaging;
• the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

1. The business will exercise the utmost care when receiving and carrying out orders for products and when assessing applications for the provision of services.

2. The delivery address is the address provided by the consumer to the business.

3. Subject to the provisions of paragraph 4 of this article, the business will process accepted orders promptly, but 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 fulfilled or can only be partially fulfilled, 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 agreement without costs. The consumer is not entitled to compensation.

4. All delivery periods are indicative. The consumer cannot derive any rights from the periods stated. Exceeding a period does not entitle the consumer to compensation.

5. In the event of dissolution in accordance with paragraph 3 of this article, the business will refund the amount paid by the consumer as soon as possible, and no later than 14 days after dissolution.

6. If delivery of an ordered product proves impossible, the business will endeavor to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the business.

7. The risk of damage to and/or loss of products rests with the business until the products are delivered to the consumer or a representative designated in advance and made known to the business, unless expressly agreed otherwise.

Article 12 – Ongoing transactions: term, termination and renewal

Termination

1. The consumer may terminate an agreement concluded for an indefinite term and intended for the regular delivery 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.

2. The consumer may terminate an agreement concluded for a fixed term and intended for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

3. The consumer may terminate the agreements referred to in the previous paragraphs:

• terminate at any time and not be restricted to termination at a specific time or during a specific period;
• terminate at least in the same manner as they entered into the agreement;
• always terminate with the same notice period as the business has stipulated for itself.

Extension

1. An agreement entered into for a fixed term that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

2. By way of derogation from the previous paragraph, an agreement entered into for a fixed term that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months if the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.

3. An agreement entered into for a fixed term that provides for the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement provides for the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.

4. An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly continued and shall end automatically after the trial or introductory period.

Term

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, subject to a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6(1) begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

2. The consumer is obliged to report inaccuracies in the payment details provided or stated to the business without delay.

3. In the event of consumer default, the business shall, subject to statutory limitations, be entitled to charge the reasonable costs previously disclosed to the consumer.

Article 14 – Complaints Procedure

1. The business has a sufficiently publicized complaints procedure and handles the complaint in accordance with this procedure.

2. Complaints about the performance of the agreement must be submitted to the business in full and clearly described within 2 months after the consumer has discovered the defects.

3. Complaints submitted to the business will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute-resolution procedure.

5. In the event of complaints, consumers must first contact the business. If the online store is affiliated with Stichting WebwinkelKeur, and complaints cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has an active membership at https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer may have their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. Its decision is binding, and both the business and the consumer agree to be bound by it. There are costs associated with submitting a dispute to this committee, which must be paid by the consumer to the relevant committee. Complaints may also be submitted via the European ODR platform (http://ec.europa.eu/odr).

6. A complaint does not suspend the business’s obligations, unless the business indicates otherwise in writing.

7. If the business finds a complaint to be justified, it shall, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Agreements between the business and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law, even if the consumer resides abroad.

2. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Article 16 – Supplementary or Deviating Provisions

Supplementary or deviating provisions from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.