copy of terms and conditions

Article 1 – Definitions

In these terms and conditions, 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.
Long-term transaction: A distance agreement concerning a series of products and/or services, the delivery and/or acceptance of which is spread over time.
Durable medium: Any medium that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers.
Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, where communication up to and including the conclusion of the contract is exclusively done by one or more means of remote communication.
Means of remote communication: A tool that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time.
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: Available on request
Company address: Available on request
Email: support@akalibrand.com
Chamber of Commerce number: Available on request
VAT identification number: Available on request

Article 3 – Applicability

These general terms and conditions apply to all offers made by the entrepreneur and all distance contracts and orders concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the general terms and conditions can be viewed with the entrepreneur and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically before the distance contract is concluded, in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

In cases where specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are fully or partially null and void or are annulled, the agreement and these terms and conditions will remain in effect, and the relevant provision will be immediately replaced by a provision that most closely reflects the original intent.

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

Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be interpreted in accordance with 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 products and/or services offered. The description is detailed enough to allow the consumer to make a well-informed assessment of the offer. If the entrepreneur uses images, these will faithfully represent the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot serve as a basis for compensation or dissolution of the agreement.

Images of products are a faithful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that clearly indicates the rights and obligations attached to the acceptance of the offer, especially:

The price, excluding customs clearance costs and import VAT. These additional costs will be for the consumer's account and risk. The post and/or courier service will use the special arrangement for postal and courier services when goods are imported into the EU country of destination, which is the case here. The post and/or courier service will collect the VAT (and possibly the customs clearance costs) from the recipient.
Any shipping costs.
How the agreement will be concluded and which actions are necessary.
Whether or not the right of withdrawal applies.
The method of payment, delivery, and execution of the agreement.
The period for accepting the offer or the period within which the entrepreneur guarantees the price.
The communication cost for remote communication if calculated on a basis other than the regular base rate for the communication tool used.
Whether the agreement is archived after being concluded and, if so, how the consumer can access it.
How the consumer can check and, if desired, correct the information provided before the agreement is concluded.
Any other languages in which the agreement can be concluded in addition to Dutch.
The codes of conduct to which the entrepreneur is subject and how the consumer can electronically consult these codes.
The minimum duration of the distance contract in the case of a long-term transaction. Optionally: available sizes, colors, and types of materials.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and meets the conditions specified in the offer, subject to the provisions of paragraph 4.

If the consumer accepts the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer electronically without delay. As long as the entrepreneur has not confirmed the receipt of this acceptance, 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 will provide a secure web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.

The entrepreneur may verify – within legal limits – whether the consumer can meet their payment obligations, as well as any facts and factors important for responsibly entering into the distance contract. If the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or application, or to attach special conditions to its execution.

Article 6 – Right of Withdrawal

The consumer has the right to withdraw from the distance contract without giving any reason within a period of 14 days. The cooling-off period will expire 14 days after the day:

On which the consumer or a third party designated by the consumer, who is not the carrier, acquires physical possession of the last product.
In the case of a contract for multiple products ordered in one order and delivered separately, the cooling-off period will expire 14 days after the day on which the consumer or a third party designated by the consumer, who is not the carrier, acquires physical possession of the last product.
In the case of a contract for the delivery of a product consisting of multiple lots or pieces, the cooling-off period will expire 14 days after the day on which the consumer or a third party designated by the consumer, who is not the carrier, acquires physical possession of the last lot or piece.
In the case of a contract for regular delivery of products over a defined period, the cooling-off period will expire 14 days after the day on which the consumer or a third party designated by the consumer, who is not the carrier, acquires physical possession of the first product.

To exercise the right of withdrawal, the consumer must inform the entrepreneur (via email or another clear statement) of their decision to withdraw from the contract. The consumer can use the model withdrawal form provided by the entrepreneur, but this is not mandatory.

The consumer can also withdraw from the agreement by returning the product without having to provide an additional declaration of withdrawal.

Consequences of Withdrawal

If the consumer withdraws from the agreement, the entrepreneur will reimburse all payments received from the consumer, including the standard delivery costs, without delay but no later than 14 days after the day on which the entrepreneur is informed of the consumer’s decision to withdraw from the agreement. The entrepreneur will use the same payment method for the refund as was used by the consumer for the initial transaction, unless the consumer agrees otherwise. The consumer will not incur any costs for this refund.

The entrepreneur may withhold the refund until the product has been received back or until the consumer has provided proof of return, whichever occurs first.

The consumer must return or hand over the product to the entrepreneur or a third party designated by the entrepreneur without delay, but in any event no later than 14 days after the day on which they communicate their decision to withdraw from the contract. The consumer is on time if they return the product before the period of 14 days has expired.

The direct costs of returning the product are for the consumer's account. If the nature of the product does not allow it to be returned by post, the consumer will be informed of the cost estimate in advance.

The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the product.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the right of withdrawal for certain products and services, but only if the entrepreneur has clearly stated this in the offer, at least timely before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products or services that are:

Customized or made to the consumer’s specifications.
Sealed products that are not suitable for return for health or hygiene reasons and whose seal has been broken after delivery.
Products that, by their nature, cannot be returned, such as perishable goods.
Audio and video recordings, computer software, or digital content that was unsealed by the consumer.
Newspapers, periodicals, or magazines, except for subscriptions.

Article 8 – Price

The prices of the products offered will not be increased during the validity period specified in the offer, except for price changes due to changes in VAT rates.

If the price is subject to fluctuations in the financial market and the entrepreneur has no influence on this, the offer will contain an indication of the possibility that the prices may fluctuate and how the price will be determined.

The prices in the offer are inclusive of VAT, and excluding delivery costs, which

will be clearly communicated to the consumer before the conclusion of the agreement.

Article 9 – Payment

The entrepreneur offers various payment options, which will be clearly communicated to the consumer. The consumer must make the payment before the goods are delivered.

If the entrepreneur is not able to verify the payment, they may refuse the order and cancel the agreement.

Article 10 – Delivery and Execution

The entrepreneur will take the utmost care when processing and delivering orders.

Delivery will occur at the address provided by the consumer.

If the delivery of the product fails due to the consumer’s fault, the entrepreneur is not liable for the delay or failure in delivery. The consumer must ensure that the address is correct and that they are available to receive the delivery.

Article 11 – Force Majeure

In the event of force majeure, the entrepreneur is not required to meet their obligations. Force majeure includes any circumstance beyond the control of the entrepreneur, such as natural disasters, war, strikes, and unforeseen production delays.

Article 12 – Guarantee

The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, and reasonable quality and usability. If the product does not meet these requirements, the consumer may contact the entrepreneur for a replacement or refund.

Article 13 – Disputes

Any dispute arising from the distance agreement will be resolved by the competent court in the consumer’s place of residence, unless the consumer prefers to submit the dispute to a court of another jurisdiction.

Article 14 – Liability

General Liability: The entrepreneur is liable for any defects in the goods or services provided, to the extent that they are directly caused by the entrepreneur's actions or negligence. This includes ensuring that products conform to the contract at the time of delivery.
Limitation of Liability: The entrepreneur’s liability for damages is limited to the amount paid by the consumer for the specific product or service directly related to the event causing the damage. The entrepreneur is not liable for any indirect, incidental, or consequential damages, such as lost profits or damage to reputation.
Exclusions of Liability: The entrepreneur is not liable for any damages caused by improper use, external factors (e.g., natural disasters, power failures, etc.), or misuse of the products or services. Furthermore, the entrepreneur is not responsible for damages caused by third-party actions or faults.
Consumer's Responsibility: The consumer is responsible for the correct use, maintenance, and storage of products, as well as any damages caused by the improper use of these products. The consumer should follow the provided guidelines for product care and usage.
Force Majeure: The entrepreneur is not liable for failure to perform obligations under the agreement if such failure is due to a force majeure event, including but not limited to natural disasters, pandemics, strikes, or any other events beyond the entrepreneur's control.
Warranty: If the product does not meet the expected quality or functionality, the consumer has the right to request a repair, replacement, or refund within a reasonable period, subject to the entrepreneur's warranty policy. This does not affect any other statutory rights the consumer may have.

Article 15 – Complaints Procedure

Submitting Complaints: The entrepreneur has a complaints procedure in place and will handle any complaints in accordance with this procedure. If the consumer has a complaint about the product or service, they can contact the entrepreneur by email or through the contact form on the website. The entrepreneur aims to respond to all complaints within 14 days of receiving them.
Resolution: The entrepreneur will acknowledge receipt of the complaint and, if necessary, provide a further response within 14 days. If the complaint requires more time for resolution, the entrepreneur will inform the consumer of the expected timeframe for handling the complaint.
Consumer Disputes: If a complaint is not resolved to the consumer's satisfaction, the consumer may appeal to an alternative dispute resolution body. This body will provide an independent review and attempt to mediate between the consumer and the entrepreneur. Consumers can find the relevant details for such bodies via consumer protection websites.
European Dispute Resolution Platform: In addition, consumers can file complaints through the European Union's online dispute resolution (ODR) platform. This platform provides a means of resolving disputes without involving the courts.

Article 16 – Privacy

Personal Data: The entrepreneur values the privacy of consumers and ensures that any personal data provided by the consumer is handled with the utmost care and in compliance with applicable data protection regulations (such as the General Data Protection Regulation, GDPR).
Use of Data: The personal data of consumers will only be used for the purpose of fulfilling the agreement, processing the order, providing customer service, and communicating relevant information to the consumer. The data will not be shared with third parties without the consumer’s explicit consent unless required for the fulfillment of the agreement or due to legal obligations.
Data Retention: Personal data will be retained for as long as necessary for the performance of the agreement or as required by law.
Consumer Rights: Consumers have the right to access, correct, and delete their personal data, as well as the right to withdraw consent to data processing at any time. If the consumer wishes to exercise these rights, they should contact the entrepreneur using the provided contact details.

Article 17 – Intellectual Property

Ownership: All intellectual property rights, including trademarks, logos, product designs, and website content, are the property of the entrepreneur or their licensors. The consumer is not allowed to use or copy any of this intellectual property without the prior written consent of the entrepreneur.
License: The consumer is granted a limited, non-exclusive, and non-transferable license to use the entrepreneur's website and services for personal, non-commercial purposes.

Article 18 – Severability

If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced by a valid provision that most closely reflects the intent of the original provision.

Article 19 – Modification of Terms and Conditions

The entrepreneur reserves the right to amend or update these general terms and conditions at any time. Any changes will be communicated to the consumer via the website or by email. The new terms and conditions will apply to all orders placed after the date of the modification.

Article 20 – Final Provisions

These general terms and conditions were last updated on [Date]. By placing an order with the entrepreneur, the consumer agrees to these terms and conditions in full. If the consumer has any questions or concerns about these terms, they can contact the entrepreneur via the contact details provided.