Terms and conditions

Terms and Conditions

This website is operated by (www.fioréamsterdam.com). Throughout this site, the terms "we", "us", and "our" refer to (www.fioréamsterdam.com) . [www.fioréamsterdam.com] offers this website, including all information, tools, and services available on this site, to you, the user, provided that you agree to all the terms, conditions, policies, and notices mentioned here.

By visiting our site and/or purchasing something from us, you participate in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Conditions"), including any additional terms and policies referred to herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

If you do not agree to all the terms of this agreement, you may not visit the website or use the services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store are also subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to regularly check this page for changes. Your continued use of or access to the website after posting any changes means you accept those changes. Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

Article 1 – Definitions

In these terms, the following terms are defined as:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: a 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;
Continuous transaction: a distance contract concerning a series of products and/or services, the delivery and/or acceptance of which is spread over time;
Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them in such a way that future consultation and unaltered reproduction of the information is possible;
Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
Distance contract: a contract concluded in the framework of a system for distance selling of products and/or services organized by the entrepreneur, where only one or more remote communication techniques are used up to and including the conclusion of the agreement;
Remote communication technique: any means that can be used to conclude a contract without the consumer and entrepreneur meeting simultaneously in the same place.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Email address: Shopifyorm@outlook.com
Company name: www.fioréamsterdam.com
Chamber of Commerce number: 95645756
Address: Stationsweg 3

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be consulted at the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available electronically to the consumer before the distance agreement is concluded, in such a way that it can be easily stored by the consumer on a durable medium. If this is reasonably not possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or in another way, free of charge, upon request.
In cases where specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always invoke the provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or nullified, the agreement and these conditions will remain in effect, and the relevant provision will be replaced by a provision that most closely approximates the original intent.
Situations not covered by these general terms and conditions will be assessed based on the "spirit" of these terms.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms should be explained in the "spirit" of these general terms and conditions.

Article 4 – 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 entrepreneur has the right to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are an accurate representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or contract termination. Images of products are an accurate representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This includes in particular:

the price, excluding clearance costs and import VAT. These additional costs are for the customer’s account and risk. The postal or courier service will apply the special arrangement for postal and courier services in case of import into the destination EU country. This arrangement applies when goods are imported into an EU country, which is the case here. The postal or courier service collects the VAT (possibly including the clearance costs) from the recipient of the goods;
any shipping costs;
how the agreement will be concluded and what actions are required;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer or the period during which the entrepreneur guarantees the price;
the communication charges if the costs for using remote communication techniques are based on something other than the standard rate for the communication medium used;
whether the agreement will be archived after conclusion, and how the consumer can access it;
the method by which the consumer can verify and, if desired, correct the information provided in relation to the agreement before concluding the agreement;
the possible other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;
the minimum duration of the distance agreement in the case of a continuous transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement comes into effect, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set out therein.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can make an electronic payment, the entrepreneur will also take appropriate security measures.
The entrepreneur can, within legal limits, investigate whether the consumer can meet their payment obligations, as well as any facts and factors that are relevant for a responsible conclusion of the distance agreement. If the entrepreneur has valid grounds for not entering into the agreement based on this investigation, they are entitled to refuse an order or request, or to attach special conditions to the execution.
When providing the product or service to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored on a durable medium that is accessible to the consumer:

the visiting address of the entrepreneur's establishment where the consumer can submit complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
information about warranties and after-sales services;
the data mentioned in Article 4(3) of these terms, unless the entrepreneur has already provided this information to the consumer before the agreement was executed;
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 continuous transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the condition that the relevant products are sufficiently available.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to terminate the agreement without giving any reason within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer.
During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine if the consumer wishes to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, according to the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must notify this in writing or by email. After the consumer has communicated their intention to withdraw, they must return the product within 14 days. The consumer must provide proof that the goods were returned in time, for example, by submitting proof of shipping. If the consumer does not notify the entrepreneur of their intention to exercise the right of withdrawal or does not return the product within the specified period, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs for returning the products are for the consumer's account. 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, provided that the product has been received back by the entrepreneur or proof of complete return can be provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in good time before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:

made by the entrepreneur according to the consumer's specifications;
clearly personal in nature;
that by their nature cannot be returned;
that spoil quickly or deteriorate;
whose price is subject to fluctuations in the financial market beyond the entrepreneur's control;
for single newspapers and magazines;
for audio and video recordings and computer software if the consumer has broken the seal;
for hygienic products if the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
related to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or within a certain period;
whose delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
related to bets and lotteries.

Article 9 – The Price

Throughout the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services subject to fluctuations in the financial market, where the entrepreneur has no control, with variable prices. This market fluctuation and the fact that any prices mentioned are guide prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal provisions or regulations.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

they result from legal provisions or regulations; or
the consumer has the right to cancel the agreement from the day the price increase takes effect.
The place of delivery is determined under Article 5(1) of the Dutch Value Added Tax Act 1968, where the transport starts. The delivery takes place outside the EU. As a result, the postal or courier service will collect import VAT or clearance fees from the recipient. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typographical errors. The entrepreneur is not liable for the consequences of printing and typographical errors. In case of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price. Article 10 – Conformity and Warranty
The entrepreneur ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also ensures that the product is suitable for uses other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer may have under the agreement with the entrepreneur. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual use by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or otherwise mishandled or used contrary to the entrepreneur’s instructions and/or the instructions on the packaging.
The defect is wholly or partially the result of government regulations regarding the nature or quality of the applied materials.
Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest care when receiving and executing orders for products. In accordance with Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer agrees to a longer delivery period. If delivery is delayed, or if an order can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and is entitled to compensation. In the event of dissolution under the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than within 14 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are the responsibility of the entrepreneur. The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a previously designated and notified representative, unless otherwise agreed.
Article 12 – Duration Transactions: Duration, Termination, and Extension
Termination: The consumer can terminate an agreement that has been entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and with a maximum notice period of one month. The consumer can also terminate an agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services, at any time, at the end of the agreed period, subject to the agreed termination rules and with a maximum notice period of one month. The consumer can terminate the aforementioned agreements:
At any time, not limited to termination at a specific time or within a specific period.
At least in the same manner as they were entered into by the consumer.
Always terminate with the same notice period as the entrepreneur has set for themselves.
Extension: An agreement that has been entered into for a definite period and provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period. However, an agreement entered into for a definite period and which provides for the regular delivery of daily, news, or weekly newspapers and magazines may be tacitly extended for a period of up to three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month. An agreement that has been entered into for a definite period and provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement relates to the regular delivery of daily, news, and weekly newspapers and magazines less than once per month. An agreement with a limited duration for the trial delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly extended and will automatically terminate after the trial or introductory period.
Duration: If an agreement has a duration 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 reasonableness and fairness prevent termination before the end of the agreed period.
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 as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of services, this period begins after the consumer has received confirmation of the agreement. The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur. In the case of non-payment by the consumer, the entrepreneur is entitled, unless restricted by law, to charge reasonable costs that were previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be fully and clearly submitted to the entrepreneur within 7 days after the consumer has detected the defects. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure. A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing. If a complaint is found to be valid by the entrepreneur, they will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This applies even if the consumer resides abroad.
Article 16 – Contact Information
Questions regarding the Service Conditions can be sent to us via (support@fioréamsterdam.com)