Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Reflection Period: The period during which the consumer can exercise the right of withdrawal;
Consumer: A natural person who does not act in the exercise of a profession or commercial activity and enters into a distance contract with the entrepreneur;
Day: latest adjusted: 26-11-2024
Duration Transaction: A distance contract related to a series of products and/or services, whose obligation of delivery and/or purchase is spread over time;
Durable Support: Any medium that allows the consumer or entrepreneur to store information personally addressed to them in such a way that it allows future consultation and the unchanged reproduction of the stored information;
Right of Withdrawal: The possibility for the consumer to cancel the distance contract within the reflection period;
Entrepreneur: A natural or legal person who offers products and/or services to consumers at a distance;
Distance Contract: An agreement under which, in the context of an organized system by the entrepreneur for distance sales of products and/or services, exclusive use is made of one or more distance communication techniques until the contract is concluded;
Distance Communication Technique: A means that can be used to conclude an agreement, without the consumer and entrepreneur being present in the same room at the same time;
General Conditions: These general conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Company Name: CPLT Digital Retailing
Email Address: Info@curlic.com
Company address: Meerssenerweg 233 A01, Maastricht, 6224AE, Netherlands
Chamber of Commerce Number: 92679242
VAT: NL866137762B01

Article 3 - Applicability

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

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

In the event that, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs will apply mutatis mutandis and, in the event of a conflict between the general conditions, the consumer may always rely on the provision most favorable to them.

If one or more provisions of these general terms and conditions of the contract are at any time entirely or partially invalid or annulled, the contract and these general terms and conditions of the contract will remain in effect, and the provision in question will be replaced immediately by mutual agreement with a provision that most closely matches the purpose of the original.

Situations not provided for in these general terms and conditions must be evaluated "in the spirit" of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must 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 without obligation. The entrepreneur has the right to modify 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 assess the offer properly. If the entrepreneur uses images, these represent the products and/or services offered truthfully. Obvious or blatant errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or contract termination.

The product images are a faithful representation of the offered products. The operator cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains information to make it clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in particular:

The price, excluding customs clearance costs and import VAT. These additional costs will be borne and are at the risk of the customer. The postal and/or courier service will use the special regulations for postal and courier services regarding imports. This regime applies if the goods are imported into the destination country of the EU, as in the case at hand. The postal and/or courier service collects VAT (along with or without the customs clearance charges) from the recipient of the goods;
Any shipping costs;
The methods of concluding the contract and the necessary actions for this;
The applicability or non-applicability of the right of withdrawal;
The methods of payment, delivery, and execution of the contract;
The period for accepting the offer or the period within which the merchant guarantees the price;
The level of the distance communication rate if the communication technique costs are calculated on a base other than the regular rate for the communication medium used;
If the contract is stored after its conclusion, and if so, how the consumer can access it;
How the consumer can check and, if desired, correct the data provided by them for the contract before its conclusion;
The languages other than Dutch in which the contract can be concluded;
The codes of conduct to which the professional is subject and how the consumer can consult these codes of conduct electronically;
The minimum duration of the distance contract in the case of a duration transaction.

Article 5 - The Contract

Subject to the provisions of paragraph 4, the contract enters into force when the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the professional will immediately confirm the receipt of the acceptance of the offer electronically. Until the receipt of such acceptance has been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur must take adequate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may—within the limits of the law—investigate whether the consumer is able to fulfill their payment obligations, as well as any facts and factors important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, they have the right to refuse an order or request or impose special conditions for the execution, stating the reasons.

The entrepreneur will attach the following information in writing or in a way that can be stored by the consumer on a durable data carrier:

the address of the entrepreneur's establishment where the consumer can submit complaints;
the conditions and methods for exercising the right of withdrawal or, where applicable, clear information on the exemption from the right of withdrawal;
information on guarantees and existing after-sales services;
the details referred to in Article 4, paragraph 3, of these terms and conditions, unless the professional has already provided them to the consumer before the contract is executed;
the requirements for the resolution of the contract if the contract lasts for more than one year or is of indefinite duration. In the case of a duration transaction, the previous provision applies only to the first delivery.

Each agreement is concluded 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 contract without providing reasons for a period of 30 days. This reflection period starts the day after the consumer or a previously designated representative of the consumer receives the product.

During the reflection period, the consumer will treat the product and its packaging with care. The consumer will unpack or use the product only to the extent necessary to assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, they will return the product to the entrepreneur with all accessories provided 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 the right of withdrawal, they are required to notify the entrepreneur within 30 days of receiving the product. The consumer must communicate this in writing/email. After declaring the intent to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must provide proof that the goods were returned on time, such as a shipping receipt.

If the consumer has not expressed the intention to exercise the right of withdrawal or has not returned the product to the entrepreneur after the expiration of the deadlines mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has paid an amount, the entrepreneur will reimburse the consumer as soon as possible, but no later than 30 days after the revocation. This is subject to the condition that the product has already been received by the entrepreneur or that conclusive proof of the 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 described in paragraphs 2 and 3. The exclusion of the right of withdrawal is valid only if the professional has clearly stated this in the offer, or at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is possible only for products:

made by the entrepreneur according to the consumer's specifications;
clearly of a personal nature;
which cannot be returned due to their nature;
which spoil or age rapidly;
whose price is subject to fluctuations on the financial market beyond the control of the Entrepreneur;
for individual newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygiene products where the consumer has broken the seal.

The exclusion of the right of withdrawal is possible only for services:

relating to accommodation, transport, catering, or recreational activities to be performed on a specific date or during a specific period;
whose delivery has started with the express consent of the consumer before the end of the withdrawal period;
for gambling and lotteries.

Article 9 - Price

During the validity period stated in the offer, the prices of the products and/or services offered will not increase, except for price changes due to modifications in VAT rates.

Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond their control, with variable prices. This connection to fluctuations and the fact that the prices stated are indicative prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of laws or regulations.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has made an agreement and:

all prices are subject to printing errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The merchant guarantees that the products and/or services conform to the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in effect at the time of conclusion of the contract. If agreed, the merchant also guarantees that the product is suitable for a use other than its normal purpose.

The warranty provided by the merchant, the manufacturer, or the importer does not affect the legal rights and claims that the consumer can enforce against the merchant based on the contract.

Any defective or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days of delivery. The return of the products must take place in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any 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 personally repaired and/or modified the delivered products or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or treated negligently or contrary to the entrepreneur's instructions and/or packaging;
The defect is entirely or partially the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 - Delivery and Implementation

The entrepreneur will make every effort to receive and execute the orders for products with the utmost care.

In accordance with Article 4 of these general terms and conditions, the company will execute accepted orders quickly and in any case 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 can only be partially executed, the consumer will be informed no later than 30 days after the order has been sent. In that case, the consumer has the right to cancel the contract without charges and is entitled to any damages.

In the case of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after cancellation.

If the delivery of an ordered product is impossible, the entrepreneur will strive to provide a replacement item. At the latest at the time of delivery, it will be clearly and understandably indicated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.

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

Article 12 - Duration of Transactions: Duration, Termination, and Extension

Termination

The consumer may terminate a contract of indefinite duration concluded for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the agreed period, subject to the agreed termination rules and with a notice period of no more than one month.

Consumers can terminate contracts referred to in the previous paragraphs:

terminate at any time and are not limited to terminating at a specific time or within a specific period;
terminate at least in the same manner in which they were concluded;
terminate always with the same notice period that the entrepreneur has established for themselves.

Extension

A fixed-term contract concluded for the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a fixed term.

Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months, provided that the consumer can terminate this renewed contract toward the end of the renewal with a notice period not exceeding one month.

A fixed-term contract concluded for the regular supply of products or services may be tacitly extended to an indefinite term only if the consumer can terminate at any time with a notice period not exceeding one month and a notice period not exceeding three months if the contract concerns the regular supply, but less than monthly, of newspapers and magazines.

A fixed-term contract for the supply of introductory (trial or introductory) daily or weekly newspapers or magazines will not be tacitly continued and will automatically terminate at the end of the trial or introductory period.

Duration

If a contract lasts for more than one year, the consumer may terminate the contract at any time after one year with a maximum notice period of one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days from the beginning of the reflection 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 notify the entrepreneur of any inaccuracies in the payment details provided or mentioned.

In the event of non-payment by the consumer, the entrepreneur has the right, within the limits of the law, to charge the reasonable costs communicated in advance to the consumer.

Article 14 - Complaint Procedure

Complaints relating to the implementation of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has detected the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a 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 the dispute resolution procedure.

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

If the complaint is deemed valid by the entrepreneur, they will, at their discretion, 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 exclusively governed by Dutch law, even if the consumer resides abroad.