General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the meanings ascribed to them:

Reflection period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or performance obligations of which are spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information directed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

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

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract using one or more techniques for distance communication;

Technique for distance communication: means that can be used for the conclusion of a contract, without the consumer and entrepreneur simultaneously being present in the same space.

Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Angels From Earth

Spengenpad 21, 1107WG Amsterdam

Email address: info@angelsfromearth.nl

Chamber of Commerce number: 84146982

VAT identification number: NL863112481B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer by electronic means in such a way that the consumer can easily store it 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 consulted by electronic means and that they will be sent to the consumer free of charge by electronic means or in some other way upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to him in case of conflicting general terms and conditions.

If one or more provisions of these general terms and conditions are declared null and void or are invalidated at any time, the agreement and these terms and conditions shall remain in force for the remainder, and the relevant provision shall be replaced promptly by a provision that as closely as possible reflects the intent of the original.

Situations not governed by these general terms and conditions shall be interpreted in the spirit of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 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 is entitled to change and adapt 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.

Each offer shall contain such information that is clear to the consumer about the rights and obligations associated with accepting the offer. This includes in particular:

the price including taxes;

any shipping costs;

the manner in which the agreement will be concluded and what actions are required for this;

whether or not the right of withdrawal applies;

the payment, delivery, and execution method of the agreement;

the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

the amount of the fee for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used;

whether the agreement will be archived after it is concluded, and if so, how the consumer can access it;

how the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;

any other languages ​​in which, besides English, the agreement can be concluded;

the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically;

And the minimum duration of the distance contract in the case of a continuous transaction.

Optional: available sizes, colors, types of materials.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm 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 may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur 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 entrepreneur shall take appropriate security measures for this purpose.

Within the legal framework, the entrepreneur may ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its execution, with reasons stated.

The entrepreneur shall include the following information with the product or service to the consumer, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear indication regarding the exclusion of the right of withdrawal;

b. information about warranties and existing post-purchase service;

c. the data referred to in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

d. the requirements for termination of 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 shall apply only to the first delivery.

Every agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

In the purchase of products, the consumer has the option to dissolve the agreement without giving any reasons within 14 days. This reflection period starts the day after the consumer receives the product or a representative designated by the consumer and made known to the entrepreneur in advance.

During the reflection period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories provided and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must make this known through a written message/email. After the consumer has notified the entrepreneur of his intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned in a timely manner, for example by means of proof of shipment.

If the customer has not made use of his right of withdrawal within the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is considered final.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received by the online retailer or conclusive proof of complete return shipment 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 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.

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

1. which are made according to the consumer's specifications by the entrepreneur;
2. which are clearly of a personal nature;
3. which cannot be returned due to their nature;
4. which can spoil or age quickly;
5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
6. for loose newspapers and magazines;
7. for audio and video recordings and computer software if the consumer has broken the seal;
8. for hygiene products if the consumer has broken the seal.

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

1. concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
2. for which the delivery has started with the express consent of the consumer before the reflection period has expired;
3. concerning bets and lotteries.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, unless due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This binding to fluctuations and the fact that any prices mentioned are indicative 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 statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

a. they result from statutory regulations or provisions; or

b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

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

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

Article 10 - Conformity and Warranty

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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty 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.

The warranty does not apply if:

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

The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or have been treated on the packaging;

The defectiveness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care in receiving and executing orders for products.

The consumer's address provided to the company is considered the place of delivery.

Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly and 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 executed or only partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation for damages.

In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.

If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. It will be clearly and comprehensively communicated upon delivery that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer can terminate an agreement for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of up to one month.

The consumer can terminate an agreement for a definite period, which involves the regular delivery of products (including electricity) or services, at any time, towards the end of the specified duration, subject to agreed termination rules and a notice period of up to one month.

The consumer can terminate the agreements mentioned in the preceding paragraphs:

At any time, without being limited to termination at a specific time or during a specific period;

By giving notice in the same manner as they were entered into;

Always with the same notice period as stipulated by the entrepreneur for themselves.

Renewal

An agreement for a definite period, which involves the regular delivery of products (including electricity) or services, may not be automatically renewed or extended for a specified duration.

However, contrary to the previous provision, an agreement for a definite period, which involves the regular delivery of newspapers, news, and weekly magazines, can be automatically renewed for a specified duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month.

An agreement for a definite period, which involves the regular delivery of products or services, may only be automatically renewed for an indefinite duration if the consumer can terminate it at any time with a notice period of up to one month, and with a notice period of up to three months if the agreement involves the regular, but less frequent than once a month, delivery of daily, news, and weekly magazines.

An agreement with a limited duration for the regular delivery of newspapers, news, and weekly magazines (trial or introductory subscription) will not be automatically renewed and will end automatically upon the expiration of 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 up to one month, unless fairness and equity prevent termination before the end of the agreed duration.

Article 13 - Payment

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

The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur 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.

If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at its 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 apply, even if the consumer resides abroad.