Terms and Conditions

General Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the 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 contract relating to a series of products and/or services, where the obligation to deliver and/or receive is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

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

Distance contract: an agreement concluded within the framework of a system organised by the entrepreneur for remote selling of products and/or services, using one or more means of distance communication exclusively until the contract is concluded;

Means of distance communication: a method 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 present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur
Quickwebshop
Email: info@oaksandwillow.com
Chamber of Commerce number: 88174174
VAT identification number: NL004551329B48

Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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 contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises 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 can, contrary to the previous paragraph, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer by electronic means or otherwise upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly and the consumer may always invoke the applicable provision that is most favourable to them in the event of conflicting conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will be replaced in mutual consultation by a provision that approximates the original intent as closely as possible.

Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these terms.

Uncertainties regarding the interpretation or content of one or more provisions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and amend the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

– the price including taxes;
– any shipping costs;
– the manner in which the agreement will be concluded and what actions are necessary for that;
– 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 within which the entrepreneur guarantees the price;
– the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the communication method used;
– whether the agreement is archived after conclusion, and if so, how the consumer can consult it;
– the way the consumer can check and, if necessary, correct the information provided in the context of the agreement before concluding it;
– any other languages in which the agreement can be concluded besides Dutch;
– the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
– the minimum duration of the distance contract in the event of an ongoing transaction.

Optional: available sizes, colours, types of materials.

Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed this receipt, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

The entrepreneur may, within legal frameworks, check whether the consumer can meet their payment obligations, as well as any other relevant facts and factors needed for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good grounds not to enter into the agreement, they are entitled to refuse an order or request with justification or attach special conditions to its execution.

The entrepreneur shall send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it on a durable data carrier:

a. the visiting address of the entrepreneur's business location where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding its exclusion;
c. the information on guarantees and any existing after-sales service;
d. the details referred to in Article 4 paragraph 3, unless the entrepreneur has already provided this information before the performance of the agreement;
e. the conditions for termination of the contract if the duration is more than one year or indefinite.

In the case of a continuing transaction, the above only applies to the first delivery.

Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to withdraw from the agreement without giving any reason within 14 days. This reflection period starts on the day after the consumer, or a third party designated by the consumer (not the carrier), receives the product.

During the reflection period, the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise the right of withdrawal, the consumer shall return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging, 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 30 days of receiving the product. This notification must be made in writing or by email. After this, the product must be returned within 14 days. The consumer must provide proof of timely return, for example, by means of a shipping receipt.

If the consumer does not notify the entrepreneur of their wish to withdraw within the deadlines in paragraphs 2 and 3, or fails to return the product, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the return costs of 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 30 days after the withdrawal. This is subject to the condition that the product has already been received back by the retailer or conclusive evidence of the complete return has been 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 only applies if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the contract.

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

a. that have been created by the entrepreneur in accordance with the consumer’s specifications;
b. that are clearly of a personal nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
f. for single issues of newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal;
h. for hygienic products where the consumer has broken the seal.

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

a. relating to accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
b. the delivery of which has begun with the express consent of the consumer before the end of the cooling-off period;
c. relating to betting and lotteries.

Article 9 – The Price
During the period of validity stated 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.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no influence. These price fluctuations and the fact that any stated prices are target 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 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 legal regulations or provisions; or
b. the consumer has the right to terminate the agreement 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 typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Products must be returned in the original packaging and in new condition.

The entrepreneur’s guarantee period corresponds to the manufacturer’s guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.

The guarantee 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 treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
– The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

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

The place of delivery is the address that the consumer has provided to the entrepreneur.

Subject to what is stated in Article 4 of these terms, the entrepreneur shall execute accepted orders promptly but no later than within 30 days, unless a longer delivery time has been agreed with the consumer. If the delivery is delayed, or if an order cannot be fulfilled or only partially, 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 at no cost and is entitled to possible compensation.

In the event of dissolution as described above, the entrepreneur shall refund the amount paid by the consumer as soon as possible and no later than 14 days after the cancellation.

If delivery of an ordered product proves to be impossible, the entrepreneur shall make an effort to provide a replacement item. It will be clearly and comprehensibly stated upon delivery that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment will be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative, unless otherwise explicitly agreed.

Article 12 – Duration Transactions: Termination and Extension

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

The consumer may terminate a fixed-term agreement involving regular delivery of products (including electricity) or services at any time at the end of the term, observing a notice period of no more than one month.

The consumer may:

– terminate at any time without being limited to a specific date or period;
– terminate in the same way the agreement was entered into;
– always terminate with the same notice period that the entrepreneur has set for themselves.

Extension
A fixed-term contract for regular delivery of products or services may not be tacitly extended or renewed for a fixed period.

By way of exception, a fixed-term contract for delivery of daily or weekly newspapers or magazines may be renewed tacitly for up to three months, if the consumer can cancel it by the end of that period with a notice of one month.

A contract for regular delivery of products or services may only be extended indefinitely if the consumer may cancel at any time with a notice of one month (or three months if delivery is less than once per month).

Trial or introductory subscriptions are not extended and end automatically after the trial period.

Duration
If a contract lasts more than one year, the consumer may cancel after one year with a notice period of no more than one month—unless fairness dictates otherwise.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period mentioned in Article 6(1). In case of a service contract, this term begins after the consumer receives confirmation of the agreement.

The consumer is obliged to report inaccuracies in provided or stated payment details without delay.

In case of non-payment by the consumer, the entrepreneur is entitled—subject to legal limits—to charge the reasonable collection costs made known in advance.

Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within 30 days. If a complaint requires more time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a full answer.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

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

If a complaint is found to be justified, the entrepreneur will either replace or repair the delivered products free of charge.

Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.