Terms & Conditions

Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:

Cooling-Off Period: The period during which the customer can exercise their right of withdrawal;

Customer: An individual who is not acting in a professional or business capacity and enters into a remote agreement with the seller;

Day: Calendar day;

Distance Transaction: A remote agreement related to a series of products and/or services, where delivery and/or usage obligations are spread over time;

Durable Data Carrier: Any means that allows the customer or seller to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of the stored information;

Right of Withdrawal: The customer’s ability to cancel the remote agreement within the cooling-off period;

Seller: A natural or legal person offering products and/or services remotely to consumers;

Remote Agreement: An agreement formed within a system organized by the seller for remote sales of products and/or services, where only one or more communication techniques are used until the agreement is concluded;

Communication Technique for Remote Communication: A means that can be used to conclude an agreement without the customer and seller being in the same location at the same time;

Terms and Conditions: These general terms and conditions of the seller.

Article 2 – Applicability
These Terms and Conditions apply to all offers made by the seller and to all agreements entered into remotely, including orders between the seller and the customer.

Before the remote agreement is concluded, the text of these Terms and Conditions will be made available to the customer. If this is not reasonably possible, it will be indicated before the agreement is finalized that the Terms and Conditions can be viewed at the seller’s location and will be sent free of charge upon request.

If the agreement is entered into electronically, and in deviation from the previous paragraph, the text of these Terms and Conditions will be made available electronically in such a way that it can be easily stored by the customer on a durable data carrier before the agreement is finalized. If this is not reasonably possible, it will be indicated where the Terms and Conditions can be viewed online and that they will be sent free of charge upon request.

In cases where additional specific product or service terms are applicable alongside these Terms and Conditions, the provisions of the second and third paragraphs will also apply. The customer can always invoke the most favorable provision in the event of conflicting terms.

If one or more provisions of these Terms and Conditions are wholly or partly null or void, the remaining provisions will remain in effect. The invalid or null provisions will be replaced as soon as possible with a valid provision that most closely reflects the original intent.
Situations not explicitly covered by these Terms and Conditions will be assessed in the spirit of these terms.

Any ambiguities regarding the interpretation or content of one or more provisions should be interpreted in accordance with the spirit of these Terms and Conditions.

Article 3 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The seller reserves the right to modify and adjust the offer at any time.

The offer provides a complete and accurate description of the products and/or services being offered. The description is detailed enough to allow the customer to assess the offer properly.When images are used, they accurately represent the products and/or services offered. Obvious errors or mistakes in the offer do not bind the seller.

All images, specifications, and data in the offer are indicative and do not constitute grounds for damages or contract termination.

Images of products are a truthful representation of the products offered. The seller cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer includes information that clearly explains the rights and obligations connected to accepting the offer, particularly:

The price, excluding customs duties and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will handle import procedures under the special regulations for postal and courier shipments. These regulations apply when the goods are imported into the destination country within the EU or applicable territory, and VAT (along with any customs clearance costs) will be collected from the recipient;

The potential shipping costs;

How the agreement will be formed and which actions are needed;

Whether the right of withdrawal applies;

Payment, delivery, and performance details;

The period during which the customer can accept the offer or the period in which the seller guarantees the price;

The rate for remote communication if charges for using communication techniques are higher than the standard rates for the communication method used;

Whether the agreement will be archived after formation, and how the customer can access it;

How the customer can verify and, if necessary, correct the information provided before finalizing the agreement;

Other languages in which the agreement can be concluded besides English;

The codes of conduct the seller adheres to and how these can be accessed electronically;

The minimum duration of the remote agreement when it concerns a long-term transaction.

Optional: Available sizes, colors, and materials.

Article 4 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the customer accepts the offer and complies with the specified conditions.

If the customer accepts the offer electronically, the seller will immediately acknowledge receipt of the acceptance electronically. Until the seller confirms receipt of this acceptance, the customer has the right to cancel the agreement.

When the agreement is formed electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe online environment. If the customer can pay electronically, the seller will implement suitable security measures for this payment process.

Within legal frameworks, the seller may verify whether the customer can meet their payment obligations, as well as gather relevant facts and factors to responsibly conclude a remote agreement. If the seller has good reason based on this investigation not to proceed, they are entitled to reasonably refuse an order or request, or impose specific conditions for delivery.

The seller will provide the customer with the following information about the product or service, in writing or in such a way that it can be easily stored by the customer on a durable data carrier:

The address of the seller’s physical location where the customer can address complaints;

The conditions under which the customer can exercise their right of withdrawal or a clear notice if this right is excluded;

Information about warranties and existing after-sales service;

The information listed in Article 4, paragraph 3 of these terms, unless this information has already been provided to the customer before the agreement is executed;

The requirements for terminating the agreement if the contract has a duration of more than one year or is indefinite;

In the case of a long-term transaction, the provisions in the previous paragraph only apply to the first delivery.

Every agreement is subject to the condition that the relevant products are sufficiently available when the contract is formed.

Article 5 – Right of Withdrawal
When purchasing products, the customer has the right to cancel the agreement without giving any reason within 14 days. This cooling-off period begins the day after the customer receives the product or a designated representative, previously chosen by the customer and made known to the seller.

During this period, the customer will treat the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they want to keep it. If the customer exercises their right of withdrawal, they will return the product, along with all accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the seller.

If the customer wishes to exercise their right of withdrawal, they must notify the seller within 14 days of receiving the product. The notification must be made in writing or via email. After notifying the seller, the customer must return the product within 14 days. The customer is responsible for providing proof that the product was shipped back on time, such as a proof of shipment.

If the customer does not communicate their intention to withdraw within the above periods or does not return the product, the purchase is considered final.

Article 6 – Costs in Case of Withdrawal
If the customer exercises their right of withdrawal, the costs for returning the products are the responsibility of the customer.

If the customer has paid an amount, the seller will refund this amount as soon as possible, and no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the seller or that conclusive proof of complete return can be provided.

Article 7 – Exclusion of Right of Withdrawal
The seller may exclude the right of withdrawal for products as described in paragraphs 2 and 3. Such exclusion only applies if the seller has clearly stated this in the offer, or at least in a timely manner before the agreement is concluded.

Exclusion of the right of withdrawal applies only to products:

Made by the seller according to the customer’s specifications;

Clearly personal in nature;

That cannot be returned due to their nature;

That can spoil or expire quickly;

Whose price is subject to fluctuations in the financial market over which the seller has no influence;

For loose newspapers and magazines;

For audio and video recordings and computer software where the customer has broken the sealing;

For hygienic products where the customer has broken the sealing.

Exclusion of the right of withdrawal also applies to services:

Concerning accommodation, transportation, catering, or leisure activities to be provided on a specific date or during a specific period;

For which the delivery has been explicitly started with the customer’s consent before the withdrawal period has expired;

Related to bets and lotteries.

Article 8 – Price
During the validity period specified 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.

Contrary to the previous paragraph, the seller may offer products or services whose prices are subject to fluctuations in the financial markets over which the seller has no control, with variable prices. These fluctuations and the fact that any mentioned prices are guide prices will be indicated in the offer.

Price increases within 3 months of the date of the agreement are only permitted if they result from legal regulations or requirements.

Price increases from 3 months after the formation of the agreement are only permitted if the seller has stipulated this and:

They are the result of legal regulations or requirements; or

The customer has the right to terminate the agreement on the date the price increase takes effect.

The place of delivery will occur in accordance with Article 5, paragraph 1, of the Dutch VAT Act 1968, in the country where transportation begins. In this case, the delivery takes place outside the EU. As a result, customs duties or import VAT will be charged by the postal or courier service upon delivery. Therefore, the seller will not charge VAT.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of such errors. In the event of a printing or typesetting error, the seller is not obliged to deliver the product at the incorrect price.

Articlel 9 – Company Information

Company Name: Mylouanna

Email: info@mylouanna.com

Chamber of Commerce Numer (KVK): 99211955

VAT Identification Number: NL005376090B27

Article 10 – Conformity and Warranty
The seller guarantees that the products and/or services will meet the agreement, the specifications listed in the offer, and reasonable standards of durability and/or usability, as well as the applicable legal provisions and government regulations in effect at the time of the agreement. If agreed upon, the seller also guarantees that the product is suitable for uses other than normal use.

Any warranty provided by the seller, manufacturer, or importer does not affect the legal rights and claims that the customer can assert against the seller based on the agreement.

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

The warranty period offered by the seller corresponds to the manufacturer’s warranty period. However, the seller is never responsible for the final suitability of the products for each individual application or for any advice regarding the use or application of the products.

The warranty is void if:

The customer has repaired or modified the delivered products themselves or had them repaired or modified by third parties;

The products have been exposed to abnormal conditions or have been mishandled, or misused contrary to the instructions of the seller and/or as indicated on the packaging;

The defect is entirely or partly the result of regulations imposed by the government or that will be imposed regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution
The seller will exercise the utmost care when receiving and executing orders for products.

The delivery address is the address provided by the customer to the seller.

In accordance with Article 4 of these Terms and Conditions, the seller will process accepted orders promptly and at the latest within 30 days, unless the customer has agreed to a longer delivery period.

If there are delays in delivery or if an order cannot be fully or partially fulfilled, the customer will be notified no later than 30 days after placing the order. In that case, the customer has the right to terminate the agreement without costs and is entitled to any damages.

If the customer chooses to terminate the agreement in accordance with the previous paragraph, the seller will refund any payments made by the customer as soon as possible, but no later than 14 days after termination.

If delivery of a ordered product proves to be impossible, the seller will make efforts to provide a substitute item. The customer will be clearly and understandably informed at the time of delivery if a replacement item is being delivered. The right of withdrawal cannot be waived for replacement items. Any return shipping costs are the responsibility of the seller if the product is faulty or wrongfully delivered.

The risk of damage or loss of products remains with the seller until the moment of delivery to the customer or a designated representative known to the seller, unless explicitly agreed otherwise.

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

Termination
The customer may terminate an agreement entered into for an indefinite period, which involves regular delivery of products (including electricity) or services, at any time, subject to the agreed-upon termination rules and a notice period of no more than one month.

For fixed-term agreements involving regular delivery of products (including electricity) or services, the customer may terminate at any time at the end of the fixed period, in accordance with the agreed-upon termination rules and a notice period of no more than one month.

The customer can terminate the agreements mentioned in the previous paragraphs:

At any time and without restrictions to specific times or periods;

In the same way as they entered into the agreement;

At any time with the same notice period as the seller has set for itself.

Renewal
An agreement for a fixed period involving regular delivery of products (including electricity) or services cannot be silently extended or renewed for a fixed additional period.

However, a fixed-term agreement involving daily, weekly, or monthly newspapers and magazines can be automatically extended for a maximum of three months if the customer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.

An agreement for a fixed period involving regular delivery of products or services can only be silently extended for an indefinite period if the customer can always terminate it with a notice period of no more than one month, and a maximum of three months in cases where the agreement involves less than daily delivery of newspapers, magazines, or periodicals.

Agreements involving a short-term trial or introductory subscription of newspapers or magazines are not automatically renewed and will end automatically at the end of the trial or introductory period.

Duration
If an agreement exceeds one year, the customer may terminate it at any time after one year with a notice period of no more than one month, unless fairness and reasonableness oppose termination before the agreed end date.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the customer must be paid within 7 days after the start of the cooling-off period described in Article 6, paragraph 1.
In the case of a service agreement, this period begins after the customer has received the confirmation of the agreement.

The customer has a duty to immediately notify the seller of any inaccuracies in the provided or stated payment details.

In the event of non-payment by the customer, the seller, subject to applicable legal limits, has the right to charge reasonably pre-notified costs related to collection.

Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the seller in full and clear detail within 7 days after the customer has discovered the issues.

Complaints submitted to the seller will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the seller will acknowledge receipt within 14 days and provide an estimated timeframe for a detailed response.

If the complaint cannot be resolved amicably, it may lead to a dispute that is subject to the applicable dispute resolution process.

A complaint does not suspend the seller’s obligations unless the seller explicitly states otherwise in writing.

If the complaint is found to be justified, the seller will, at their option, replace or repair the delivered products free of charge.

Article 15 – Disputes
All agreements between the seller and the customer to which these Terms and Conditions apply are exclusively governed by Dutch law. This also applies if the customer resides abroad.

Article 16 – CESOP
Starting in 2024, due to measures implemented and strengthened under the "Amendment to the 1968 VAT Act (for the implementation of the Payment Services Directive)" and the related rollout of the European Payment Information System (CESOP), payment service providers may record data in the European CESOP system.