Terms and Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions 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 trader;

Day: calendar day;

Continuing performance agreement: a distance contract concerning a series of products and/or services for which the delivery and/or purchase obligations are spread over a period of time;

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

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

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

Distance contract: a contract concluded as part of an organised distance sales system for products and/or services, whereby one or more means of distance communication are used exclusively up to and including the conclusion of the contract;

Means of distance communication: any means that can be used to conclude a contract without the consumer and trader being physically present in the same place at the same time;

Terms and Conditions: these Terms and Conditions of the trader.

Article 2 – Applicability

These Terms and Conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

Before a distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the Terms and Conditions are available for inspection at the trader’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 Terms and Conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available electronically to the consumer in such a way that it can easily be stored on a durable medium. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the Terms and Conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon request.

If specific product or service conditions apply in addition to these Terms and Conditions, 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 remainder of the agreement and these Terms and Conditions shall remain in force. The provision concerned shall be replaced without delay, in mutual consultation, by a provision that reflects the purpose and intent of the original provision as closely as possible.

Situations not covered by these Terms and Conditions shall be assessed in accordance with the spirit and intent 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 and intent of these Terms and Conditions.

Article 3 – 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 trader reserves 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 properly assess the offer. If the trader uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer shall not bind the trader.

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

Product images are intended to provide a truthful representation of the products offered. The trader cannot guarantee that the colours displayed exactly match the actual colours of the products.

Each offer contains sufficient information to make clear to the consumer which rights and obligations are associated with accepting the offer. This includes, in particular:

the price, excluding customs clearance costs and import VAT. These additional costs shall be borne at the customer’s own expense and risk. The postal and/or courier service may use the special arrangement for postal and courier services in relation to imports. This arrangement applies when goods are imported into the EU country of destination. The postal and/or courier service may collect VAT, together with any applicable customs clearance costs, from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and the actions required to do so;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer or the period during which the trader guarantees the price;
the applicable rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard basic rate for the communication method used;
whether the agreement will be archived after it has been concluded and, if so, how the consumer can access it;
the way in which the consumer can check and, if desired, correct the information provided in connection with the agreement before concluding the agreement;
any other languages in which the agreement may be concluded in addition to Dutch;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes electronically; and
the minimum duration of the distance contract in the case of a continuing performance agreement.

Optional: available sizes, colours and types of materials.

Article 4 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions attached to it.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the trader, the consumer may terminate the agreement.

If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer can make electronic payments, the trader shall implement appropriate security measures.

Within the limits permitted by law, the trader may investigate whether the consumer is able to fulfil their payment obligations, as well as any facts and circumstances relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has reasonable grounds not to enter into the agreement, the trader is entitled to refuse an order or request, stating the reasons, or to attach special conditions to its execution.

The trader shall provide the consumer with the following information together with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable medium:

the visiting address of the trader’s business location where the consumer may submit complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information regarding warranties and existing after-sales service;
the information referred to in Article 4, paragraph 3 of these Terms and Conditions, unless the trader has already provided this information to the consumer before performance of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is entered into for an indefinite period.

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

Every agreement is entered into subject to the condition that sufficient stock of the relevant products is available.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to terminate the agreement without providing reasons within 30 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it.

If the consumer exercises the right of withdrawal, they shall return the product with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 30 days of receiving the product. The consumer must do so by written notification or email.

After notifying the trader of their intention to exercise the right of withdrawal, the consumer must return the product within 30 days.

The consumer must be able to prove that the goods were returned on time, for example by providing proof of shipment.

If the consumer has not notified the trader within the periods referred to above that they wish to exercise the right of withdrawal, or if the product has not been returned to the trader, the purchase shall become final.

Article 6 – Costs in the Event of Withdrawal

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

If the consumer has paid an amount, the trader shall refund this amount as soon as possible and no later than 30 days after withdrawal, provided that the product has already been received by the online retailer or conclusive proof of complete return shipment has been provided.

Article 7 – Exclusion of the Right of Withdrawal

The trader 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 trader has clearly stated this in the offer, or at least in good time before the agreement is concluded.

The right of withdrawal may only be excluded for products:

made by the trader according to the consumer’s specifications;
that are clearly personal in nature;
that, due to their nature, cannot be returned;
that can spoil or become outdated quickly;
whose price is subject to fluctuations in the financial market over which the trader has no control;
individual newspapers and magazines;
audio and video recordings and computer software where the consumer has broken the seal;
hygienic products where the consumer has broken the seal.

The right of withdrawal may only be excluded for services:

relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
where performance has begun with the consumer’s explicit consent before the cooling-off period has expired;
relating to betting and lotteries.

Article 8 – The 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.

In deviation from the previous paragraph, the trader may offer products or services at variable prices where those prices are subject to fluctuations in the financial market over which the trader has no control. This connection to market fluctuations, and the fact that any prices stated are indicative prices, shall be stated in the offer.

Price increases within 3 months after the agreement has been concluded are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the agreement has been concluded are only permitted if the trader has stipulated this and:

the increase results from statutory regulations or provisions; or
the consumer has the right to terminate the agreement from the date on which the price increase takes effect.

Under Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, the place of delivery is deemed to be the country where transport begins. In this case, delivery takes place outside the EU. As a result, import VAT and/or customs clearance costs may be collected from the customer by the postal or courier service. Therefore, the trader will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing or typographical errors. In the event of such an error, the trader is not obliged to supply the product at the incorrectly stated price.

Article 9 – Identity of the Trader

Company name: DI-NARA
Email: info@di-nara.com
Chamber of Commerce number: 42137149
VAT identification number: NL005525186B61

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations in force on the date the agreement was concluded.

If agreed, the trader also guarantees that the product is suitable for use other than normal use.

Any warranty provided by the trader, manufacturer or importer does not affect the consumer’s statutory rights and claims against the trader under the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days after delivery. Returned products must be sent in their original packaging and in new condition.

The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader 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 and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions, have otherwise been handled carelessly, or have been used contrary to the trader’s instructions and/or the instructions on the packaging;
the defect is wholly or partly the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader shall exercise the greatest possible care when receiving and processing orders for products.

The place of delivery shall be the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these Terms and Conditions, the company shall process accepted orders with due speed and 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 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 has the right to terminate the agreement without charge and may be entitled to compensation.

In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible and no later than 30 days after termination.

If delivery of an ordered product proves impossible, the trader shall make reasonable efforts to provide a replacement item.

No later than at the time of delivery, the consumer shall be clearly and understandably informed that a replacement item is being supplied.

The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment shall be borne by the trader.

The risk of damage to and/or loss of products remains with the trader until the moment of delivery to the consumer or to a representative designated in advance by the consumer and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing Performance Agreements: Duration, Termination and Renewal

Termination

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

The consumer may terminate an agreement entered into for a fixed period that provides for the regular delivery of products, including electricity, or services at any time at the end of the agreed fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and may not be restricted to termination at a specific time or during a specific period;
at least in the same manner in which the agreement was entered into;
always with the same notice period as the trader has stipulated for itself.

Renewal

An agreement entered into for a fixed period that provides for the regular delivery of products, including electricity, or services may not be automatically extended or renewed for another fixed period.

In deviation from the previous paragraph, a fixed-term agreement for the regular delivery of daily newspapers, news publications, weekly newspapers or magazines may be automatically extended for a maximum fixed period of three months, provided that the consumer may terminate the extended agreement at the end of the renewal period with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or with a notice period of no more than three months if the agreement concerns the regular delivery, but less than once per month, of daily newspapers, news publications, weekly newspapers or magazines.

An agreement of limited duration for the regular introductory delivery of daily newspapers, news publications, weekly newspapers or magazines, such as a trial or introductory subscription, shall not continue automatically and shall terminate automatically at the end 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 no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise 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 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 immediately report any inaccuracies in payment details provided or stated to the trader.

In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints concerning the performance of the agreement must be submitted to the trader within 7 days after the consumer has identified the defects and must be described fully and clearly.

Complaints submitted to the trader shall be answered within 30 days from the date of receipt.

If a complaint is expected to require a longer processing period, the trader shall respond within the 30-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that may be subject to the applicable dispute resolution procedure.

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

If a complaint is found to be justified by the trader, the trader shall, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the trader and the consumer to which these Terms and Conditions apply shall be governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.

Article 16 – CESOP

Due to measures introduced and strengthened from 2024 in connection with the Dutch legislation implementing the payment services directive and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register payment data in the European CESOP system.