Terms of service
Terms and Conditions
Article 1 – Definitions
In these Terms and Conditions, the following definitions shall apply:
Cooling-off period: the period during which the consumer may exercise their right of withdrawal.
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.
Day: calendar day.
Contract of a continuing nature: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over a period of time.
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a manner that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from a distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers by means of distance selling.
Distance contract: a contract under which, within the framework of an organised system for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract.
Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place.
Terms and Conditions: these Terms and Conditions of the entrepreneur.
Article 2 – Identity
Registration:
Chamber of Commerce (KVK) number: 42137660
Email address: Info.teenagefinds@gmail.com
Article 3 – Applicability
These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract concluded and every order placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is reasonably not possible, the consumer shall be informed before the distance contract is concluded that the Terms and Conditions can be inspected at the entrepreneur'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, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions may be made available electronically in such a way that the consumer can easily store it on a durable medium. If this is reasonably not possible, the consumer shall be informed before the distance contract is concluded where the Terms and Conditions can be inspected electronically and that they will be sent free of charge, electronically or by other means, upon request.
If, in addition to these Terms and Conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly. In the event of conflicting terms and conditions, the consumer may always rely on the provision that is most favourable to them.
If one or more provisions of these Terms and Conditions are at any time wholly or partially void or annulled, the contract and these Terms and Conditions shall otherwise remain in force. The provision concerned shall then be replaced immediately, by mutual agreement, with a provision that most closely reflects the purpose of the original provision.
Situations that are not covered by these Terms and Conditions shall be assessed in accordance with the spirit of these Terms and Conditions.
Any uncertainties regarding the interpretation or content of one or more provisions of these Terms and Conditions shall be interpreted in accordance with the spirit of these Terms and Conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to modify and amend the offer.
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 entrepreneur uses images, these shall provide a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer shall not be binding upon the entrepreneur.
All images, specifications and information contained in the offer are indicative and cannot give rise to any claim for compensation or dissolution of the contract.
Product images provide a truthful representation of the products offered. However, the entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
- the price, including taxes;
- any shipping costs;
- the manner in which the contract will be concluded and the actions 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 within which the entrepreneur guarantees the price;
- the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the usual basic tariff for the communication method used;
- whether the contract will be archived after conclusion and, if so, how the consumer can access it;
- the manner in which the consumer can check and, if necessary, correct the information provided by them in connection with the contract before the contract is concluded;
- the other languages, if any, in which the contract can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically;
- the minimum duration of the distance contract in the case of an extended transaction.
Optional: available sizes, colours and material types.
Article 5 – The Contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may terminate the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.
The entrepreneur may, within the limits of the law, obtain information about whether the consumer can fulfil their payment obligations, as well as about all facts and factors relevant to responsibly entering into the distance contract. If, based on this assessment, the entrepreneur has good reasons not to enter into the contract, the entrepreneur shall be entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.
The entrepreneur shall provide the consumer, together with the product or service, with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the address of the entrepreneur's place of business to which the consumer may submit complaints;
- the conditions and manner in which the consumer may exercise their 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 entrepreneur has already provided this information to the consumer before performing the contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a contract of a continuing nature, the provision in the previous paragraph applies only to the first delivery.
Every contract is concluded subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 14 days of receipt, provided that the products are in their original condition and the labels remain “unsealed”.
This cooling-off period begins on the day after the product is received by the consumer or by a representative previously designated by the consumer and notified to the entrepreneur.
If the consumer exercises their right of withdrawal, they must return the product to the entrepreneur in its original packaging with the “unsealed” labels, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must do so by means of a written notification or email.
After notifying the entrepreneur that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must be able to prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the consumer has not notified the entrepreneur within the periods referred to in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or if the product has not been returned to the entrepreneur, the purchase shall be deemed final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the consumer shall bear the costs of returning the products.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, and no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or that conclusive proof of the complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 1 through 8. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in the offer or, at the latest, in good time before the contract is concluded.
The right of withdrawal may only be excluded for the following products:
- products manufactured by the entrepreneur according to the consumer's specifications;
- products that are clearly personal in nature;
- products that cannot be returned due to their nature;
- products that deteriorate or age rapidly;
- products whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
- individual newspapers and magazines;
- audio and video recordings and computer software whose seal has been broken by the consumer;
- hygiene products.
The right of withdrawal may only be excluded for the following services:
- services relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
- services whose performance has begun with the consumer's express consent before the cooling-off period has expired;
- services relating to betting and lotteries.
Article 9 – Price
During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control at variable prices. The fact that the prices are subject to fluctuations and that any prices stated are indicative shall be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:
- they result from statutory regulations or provisions; or
- the consumer is entitled to terminate the contract with effect from the date 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 typesetting errors. No liability shall be accepted for the consequences of printing or typesetting errors. In the event of a printing error, the entrepreneur shall not be obliged to supply the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the statutory provisions and/or government regulations applicable at the time the contract was concluded.
If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
Any warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in unused/new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur shall never be 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.
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 have otherwise been handled improperly or used contrary to the instructions of the entrepreneur and/or the information stated on the packaging;
- the inadequacy is wholly or partly the result of government regulations that have been or will be issued regarding the nature or quality of the materials used.
Article 11 – Delivery and Performance
The company shall exercise the greatest possible care when accepting and fulfilling orders for products.
The place of delivery shall be the address that the consumer has provided to the company.
Taking into account the provisions of Article 4 of these Terms and Conditions, the company shall fulfil accepted orders with reasonable speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed no later than 30 days after placing the order.
In such a case, the consumer shall have the right to terminate the contract free of charge and, where applicable, shall be entitled to compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If it becomes apparent that delivery of an ordered product is impossible, the entrepreneur shall endeavour to provide a replacement item.
At the latest upon delivery, the consumer shall be informed in a clear and understandable manner that a replacement item is being supplied.
The right of withdrawal cannot be excluded for replacement items. The costs of any return shall be borne by the entrepreneur.
The risk of damage and/or loss of products shall remain with the entrepreneur until the moment of delivery to the consumer or to a representative previously designated by the consumer and notified to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Payment
Unless another payment date has been 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, paragraph 1.
In the case of a contract for the provision of a service, this period shall begin after the consumer has received confirmation of the contract.
The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment details provided or communicated.
If the consumer fails to pay on time, the entrepreneur, subject to statutory limitations, shall be entitled to charge the reasonable costs previously communicated to the consumer.
Article 13 – Complaints
Complaints regarding the performance of the contract must be submitted to the entrepreneur fully and clearly within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt.
If a complaint is expected to require a longer processing time, the entrepreneur shall send an acknowledgement of receipt within the 14-day period and indicate when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute shall arise that is subject to the dispute resolution procedure.
Submitting a complaint does not suspend the entrepreneur's obligations, unless the entrepreneur states otherwise in writing.
If a complaint is deemed justified by the entrepreneur, the entrepreneur shall, at its discretion, replace or repair the delivered products free of charge.
Article 14 – Disputes
Contracts between the entrepreneur and the consumer to which these Terms and Conditions apply shall be governed exclusively by the laws of the United Kingdom.
This shall also apply if the consumer resides abroad.