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; 

See calendar day; 

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time; 

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

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

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

Distance contract: a contract where, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication; 

Distance communication technique: means that can be used to conclude a contract, without the consumer and the entrepreneur being together in the same room at the same time. 

General terms and conditions: the entrepreneur's current general terms and conditions. 

Article 2 - Identity of the entrepreneur 

Company name: TLH Commerce 

Chamber of Commerce number: 97395900 

Trade name: Lablue-Malmo 

VAT registration number: 233767150B01 

Customer service email: lablue.malmo@gmail.com

Company address: Malmo 

 

Article 3 - Applicability  

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

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

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

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

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or nullified, the agreement and these general terms and conditions shall otherwise remain in force and the relevant provision shall be replaced without delay by mutual agreement with a provision that as far as possible corresponds to the meaning of the original. 

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

Uncertainties regarding the interpretation or content of one or more provisions in our general terms and conditions shall 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 must be explicitly stated in the offer. 

The offer is non-binding. The entrepreneur has the right to amend and adjust 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 mistakes or obvious errors in the offer do not bind the entrepreneur. 

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement. 

Images supplied with products are a true representation of the products offered. The operator cannot guarantee that the colours shown exactly match 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 applies in particular: 

the price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services with regard to imports. This arrangement applies if the goods are imported into the country of destination within the EU, which is the case in the present case. The postal and/or courier service charges the VAT (whether or not together with the customs clearance fees) from the recipient of the goods;  

any shipping costs; 

The manner in which the agreement will be concluded and which actions are necessary for this; 

whether the right of withdrawal applies or not; 

Method of payment, delivery and performance of the agreement; 

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

The amount of the fee for distance communication if the cost of using means of distance communication is calculated on a basis other than the regular basic rate for the means of communication used; 

If the agreement is archived after it has been concluded and, if so, how the consumer can access it; 

the way in which the consumer, before the contract is concluded, can check the data provided by him under the contract and, if desired, correct them; 

any other languages in which the agreement can be concluded in addition to Dutch; 

the codes of conduct to which the trader has subscribed and the way in which the consumer can consult these codes of conduct electronically, and 

The minimum duration of the distance contract in the case of a transaction with a fixed term. 

Optional: available sizes, colors, type of materials. 

Article 5 - The Agreement 

Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set therein. 

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. 

The entrepreneur can - within legal frameworks - inform himself about whether the consumer can meet his payment obligations, as well as about all the facts and factors that are important for the responsible conclusion of the distance contract. If the entrepreneur, on the basis of this investigation, has good reasons not to enter into the agreement, he has the right to refuse an order or application, or to attach special conditions for its implementation, while stating reasons. 

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

  1. The visiting address of the trader's establishment where the consumer can lodge complaints; 

  1. the conditions and how the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded; 

  1. information on warranties and existing customer service; 

  1. the information included in Article 4.3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract; 

  1. the requirements for terminating the agreement if the agreement has a term of more than one year or is open-ended. 

In the case of a continuing performance contract, the provision in the preceding paragraph applies only to the first delivery. 

Every 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 option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur. 

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

If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receiving the product. The consumer must notify this by means of a written message/e-mail. After the consumer has notified that he wants to exercise his right of withdrawal, he must return the item within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of a proof of dispatch.  

If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.  

Article 7 - Costs of withdrawal  

If the consumer exercises their right of withdrawal, the consumer shall bear the cost of returning the products. 

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. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive evidence of 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 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the agreement is concluded. 

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

  1. produced by the entrepreneur in accordance with the consumer's specifications; 

  1. that are clearly personal in nature; 

  1. that cannot be returned due to their nature; 

  1. that can spoil or age quickly; 

  1. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; 

  1. for individual newspapers and magazines; 

  1. for audio and video recordings and computer software whose seals have been broken by the consumer. 

  1. for hygiene products whose seals have been broken by the consumer. 

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

  1. regarding accommodation, transportation, restaurant services or leisure activities to be performed on a specific date or during a specific period; 

  1. whose delivery has begun with the consumer's express consent before the cooling-off period has expired; 

  1. Regarding betting and lotteries. 

Article 9 - The price 

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to 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 that are beyond the entrepreneur's control, with variable prices. This connection to fluctuations and the fact that all stated prices are indicative prices shall be stated in the offer.  

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory provisions or regulations. 

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

  1. they are the result of statutory provisions or regulations, or 

  1. the consumer has the right to cancel the agreement as of the day the price increase takes effect. 

Pursuant to section 5.1 of the 1968 Turnover Tax Act, the place of delivery is the country where the transport begins. In the present case, delivery takes place outside the EU. Following this, the postal or courier company will charge import VAT or customs clearance fees from the customer. Consequently, no VAT will be charged by the entrepreneur.  

All prices are subject to printing and typesetting errors. No responsibility 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 existing legal provisions and/or government regulations at the time of concluding the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. 

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement. 

Any defective or misdelivered 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 contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the final 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 himself or had a third party repair and/or modify them; 

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

The defect is wholly or partially a consequence of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.  

Article 11 - Delivery and Execution 

The contractor will exercise the greatest possible care in the receipt and execution of orders for products. 

The delivery location is the address the consumer has provided to the company. 

Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due dispatch but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed, or can only be executed partially, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to any damages. 

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

If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipping shall be borne by the entrepreneur. 

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

Article 12 - Duration transactions: duration, termination and renewal 

Termination 

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

The consumer may terminate a fixed-term agreement for the regular supply of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month. 

The consumer may amend the agreements mentioned in the preceding paragraphs: 

terminate at any time and not be limited to termination at a specific time or during a specific period; 

at least terminate them in the same way as they were entered into by him; 

always with the same notice period that the entrepreneur has set for themselves. 

Extension 

An agreement concluded for a fixed period and that covers regular delivery of goods (including electricity) or services may not be implicitly extended or renewed for a fixed period. 

Notwithstanding the preceding paragraph, a fixed-term agreement concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed period not exceeding three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period not exceeding one month. 

A fixed-term agreement concluded for the regular delivery of goods or services may only be renewed by tacit consent for an indefinite period if the consumer can terminate the agreement at any time with a notice period not exceeding one month and a notice period not exceeding three months if the agreement concerns the regular delivery of daily or weekly newspapers and magazines, but less frequently than once a month. 

A fixed-term agreement for the regular delivery of daily or weekly newspapers and magazines through an introduction (trial- or introductory subscription) is not tacitly extended and automatically ends at the end of the trial- or introduction period. 

Duration