Terms of Services

For the purposes of these Terms and Conditions, the following definitions shall apply:

Withdrawal period: the period within which the consumer may exercise his right to withdraw from the contract;

Consumer: a natural person who is not acting in the course of a profession or business and who concludes a distance contract with an entrepreneur;

Day: a calendar day;

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

Durable medium: any means which enables the consumer or trader to store information addressed to him personally in such a way as to permit future consultation and unaltered reproduction of the stored information.

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

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

Distance contract: a contract where, within a system organised by an entrepreneur, one or more means of distance communication are used exclusively for the distance sale of products and/or services until the conclusion of the contract;

distance communication technique: means which can be used to conclude a contract without the consumer and the trader having to be in the same room at the same time.

General terms and conditions: these general terms and conditions of the trader.

Article 2 - Identity of the trader

Company name: DVT E-commerce

Address: Verdunplein 17 Unit A2921, 5627SZ Eindhoven 

E-mail address: support@charm-sydney.com

Phone number: +31613475401

Chamber of Commerce number: 88097501

VAT ID: NL004548992B32

Article 3 - Applicability

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

The text of these General Terms and Conditions shall be made available to the consumer before the conclusion of the distance contract. Where this is not reasonably possible, it shall be stated before the conclusion of the distance contract that the General Terms and Conditions are available for inspection at the business premises of the trader and that they will be sent to the consumer free of charge as soon as possible at his request.

Where the distance contract is concluded by electronic means, the text of these general terms and conditions may, notwithstanding the preceding paragraph, be made available to the consumer electronically before the conclusion of the distance contract in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract where the general terms and conditions may be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

4. Where special terms and conditions for products or services apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of a conflict between the general terms and conditions, the consumer may always refer to the applicable provision which is most favourable to him.

If one or more provisions of these General Terms and Conditions are at any time wholly or partly invalid or ineffective, the remainder of the contract and these General Terms and Conditions shall remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision which comes as close as possible to the meaning and purpose of the original provision.

Situations not covered by these General Terms and Conditions shall be dealt with "in the spirit" of these General Terms and Conditions.

Any ambiguity concerning the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in the spirit" of these General Terms and Conditions.

Article 4 - Offer

If the offer has a limited period of validity or is subject to conditions, this must be expressly stated in the offer.

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

The tender shall contain a full and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to assess the offer properly. Where the trader uses images, these shall be a faithful representation of the products and/or services offered. Obvious errors or manifest mistakes in the offer shall not be binding on the trader.

All illustrations, specifications and data in the offer are indicative and cannot be grounds for compensation or withdrawal from the contract.

The product images are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.

Each offer shall contain such information as to make it clear to the consumer what rights and obligations are attached to acceptance of the offer. This applies in particular to

the price excluding customs clearance costs and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service shall apply the special regulations for postal and courier services with regard to import. This regulation applies when the goods are imported into an EU destination country, which is the case here. The postal and/or courier service will collect VAT from the recipient of the goods (whether or not it collects it together with customs clearance charges);

any freight charges;

the manner in which the contract is concluded and what actions are required to do so;

whether the right of withdrawal applies;

the method of payment, delivery and performance of the contract;

the period for acceptance of the offer or the period during which the trader guarantees the price;

the rate for distance communication, if the cost of using the distance communication technique is calculated on a basis other than the normal basic rate for the means of communication used;

whether the contract will be archived after conclusion and, if so, how the consumer may consult it;

the manner in which the consumer may check and, where appropriate, correct the information he has provided in the contract before its conclusion;

all languages other than Dutch in which the contract may be concluded;

the codes of conduct to which the trader is subject and the manner in which the consumer may consult those codes of conduct electronically; and

the minimum duration of the distance contract in the case of a fixed-term contract.

Optional: available sizes, colours, type of material.

Article 5 - Contract

Subject to paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer by electronic means, the trader shall immediately confirm acceptance of the offer by electronic means. The consumer may withdraw from the contract until the trader has confirmed acceptance.

Where the contract is concluded by electronic means, the trader must take appropriate technical and organisational measures to protect the electronic transmission of data and to ensure a secure web environment. If the consumer can pay electronically, the trader must take appropriate security measures.

The trader may - within the legal framework - obtain information on whether the consumer can fulfil his payment obligations and on all those facts and factors that are relevant for the responsible conclusion of a distance contract. If, on the basis of this assessment, the trader has good reasons not to conclude the contract, he is entitled to refuse the order or request or to attach special conditions to the processing of the order, stating the reasons.

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 in an accessible way on a durable medium:

the address of the trader's office where the consumer may lodge a complaint;
the conditions and manner in which the consumer may exercise his right of withdrawal or a clear statement excluding the right of withdrawal;
information on guarantees and existing after-sales services;
the information contained in Article 4(3) of these terms and conditions, unless the trader has already provided it to the consumer before the performance of the contract;
the conditions for terminating the contract if the contract lasts for more than one year or is concluded for an indefinite period.
In the case of a continuing performance transaction, the provisions of the preceding paragraph shall apply only to the first delivery.

Each contract shall be concluded subject to the condition precedent of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer shall have the option of withdrawing from the contract without giving any reason within a period of 14 days. This cooling-off period shall begin on the day following the day on which the consumer or his designated representative takes delivery of the product and notifies the trader.

During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall unpack or use the product only to the extent necessary to assess whether he wishes to keep it. If he/she exercises his/her right of withdrawal, he/she shall return the product with all the accessories supplied and, as far as possible, in its original condition and packaging to the trader in accordance with the trader's reasonable and clear instructions.

If the consumer wishes to exercise his/her right of withdrawal, he/she must inform the trader within 14 days of receipt of the product. The consumer should do so by written notification/email. Once the consumer has notified the trader that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, e.g. by proof of dispatch.

4. If, after the expiry of the time limits referred to in paragraphs 2 and 3, the consumer has not indicated his intention to exercise his right of withdrawal or has not returned the product to the trader, it is a de facto purchase.

Article 7 - Costs in the event of withdrawal

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

If the consumer has paid a certain amount, the trader shall reimburse the consumer as soon as possible, but at the latest within 14 days of withdrawal. It is a prerequisite that the goods have already been received by the trader or that conclusive proof of full return can be provided.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for the products 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, at least sufficiently in advance of the conclusion of the contract.

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

1. created by the trader according to the consumer's specifications;
2. which are clearly personal in nature
3. which, by their nature, cannot be returned
4. which are perishable or rapidly ageing;
5. whose price is subject to fluctuations in the financial market which are beyond the trader's control;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software whose seal has been broken by the consumer.
8. for hygiene products whose seal has been broken by the consumer.
9. The exclusion of the right of withdrawal is only possible for services:
10. relate to accommodation, transport, meals or leisure activities to be carried out on a specific date or within a specific period;
11. the supply of which has begun with the express consent of the consumer before the expiry of the cooling-off period;
12. relating to betting and lotteries.

Article 9 - Price

During the period of validity specified in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
Contrary to the preceding paragraph, the entrepreneur may offer products and/or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur's control, with variable prices. It shall indicate this link to fluctuations and the fact that the prices quoted are target prices in the offer.

Price increases within 3 months of the conclusion of the contract shall be permissible only if they result from statutory provisions or regulations.

Price increases from 3 months after the conclusion of the contract shall be permissible only if the contractor has fixed them and:

1. arise from statutory provisions or regulations; or
2. the consumer has the right to withdraw from the contract from the date on which the price increase takes effect.

Under Section 5(1) of the Sales Tax Act 1968, the place of supply is the country where the transport begins. In this case, the delivery takes place outside the EU. The postal or courier service then charges the customer import VAT or handling charges. As a result, the trader does not charge any VAT.

All prices are subject to typographical errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of typographical errors, the trader is not obliged to deliver the goods at the incorrect price.

Special additional costs for customs clearance and/or import duties are not included in the price and are to be borne by the customer.

Article 10 - Compliance and warranty

The entrepreneur warrants that the products and/or services conform to the contract, the specifications set forth in the offer, reasonable requirements for safety and/or serviceability, and the laws and/or government regulations in force at the time the contract is concluded. If agreed, the trader also warrants that the product is suitable for other than normal use.

The warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may have against the trader under the contract.

Defective or incorrectly delivered products should be notified to the trader in writing within 14 days of delivery. The products should be returned 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 final suitability of the products for each individual use by the consumer, nor for any advice on the use or application of the products.

The warranty does not cover cases where:

the consumer has repaired and/or modified the products supplied by himself or had them repaired and/or modified by a third party;

the products supplied have been subjected to abnormal conditions or otherwise treated negligently or contrary to the instructions of the trader and/or the instructions on the packaging;

the defect is wholly or partly the result of regulations issued or to be issued by the government with respect to the nature or quality of the materials used.

Article 11 - Delivery and performance

The Company shall exercise the utmost care in receiving and processing orders for products.

The place of delivery shall be the address communicated by the consumer to the Company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the Company shall process orders received as quickly as possible, but no later than 30 days, unless the consumer has agreed on a longer delivery period. If delivery is delayed or if the order cannot be processed or is only partially processed, the consumer shall be informed of this within 30 days of the order being placed. In such a case, the consumer has the right to withdraw from the contract without cost and without claiming damages.

In the event of withdrawal from the contract pursuant to the previous paragraph, the trader shall reimburse the consumer the amount paid as soon as possible, but at the latest within 14 days of withdrawal from the contract.

If it proves impossible to deliver the product ordered, the trader shall endeavour to supply a replacement product. At the latest at the time of delivery, it shall be clearly and understandably stated that a replacement product will be delivered. The right of withdrawal cannot be excluded for replacement goods. The costs of return shipment shall be borne by the trader.

The risk of damage and/or loss of the products shall be borne by the trader until the time of delivery to the consumer or to a representative designated in advance and notified to the trader, unless otherwise expressly agreed.

Article 12 - Forward transactions: duration, termination and renewal

Termination

The consumer may terminate a contract for an indefinite period of time for the regular supply of products (including electricity) or services at any time, in accordance with the agreed withdrawal rules and with a notice period of no more than one month.

A consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time towards the end of the term of the contract, in accordance with the terms of the agreed withdrawal rules and with a notice period of not more than one month.

The consumer may terminate the contracts referred to in the preceding paragraphs:

terminate them at any time and is not limited to termination at a specific time or within a specific period;

terminate them in at least the same way as he concluded them;

terminate them at any time with the same notice period as the entrepreneur himself has set.

Extension

A fixed-term contract concluded for the periodic supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Notwithstanding the preceding paragraph, a fixed-term contract for the regular supply of daily or weekly newspapers and magazines may be tacitly extended for a fixed period not exceeding three months, provided that the consumer may terminate the extended contract at the end of the extended period by giving not more than one month's notice.

A fixed-term contract for the periodic supply of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time by giving not more than one month's notice, the notice period not exceeding three months if the contract concerns the periodic supply of daily or weekly newspapers and magazines less than once a month.

The initial subscription (trial or introductory subscription) shall not continue in silence and shall terminate automatically at the end of the trial or introductory period.

Deadline

If the contract is concluded for a period of more than one year, the consumer may terminate the contract at any time after the expiry of one year by giving not more than one month's notice, unless termination before the expiry of the agreed period would not be permissible on grounds of reasonableness and fairness.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the beginning of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period shall start to run after the consumer has received confirmation of the conclusion of the contract.

The consumer is obliged to notify the trader immediately of any inaccuracies in the payment details provided or given.

In the event of non-payment by the consumer, the trader shall be entitled, subject to statutory limitations, to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints procedure

Complaints about the performance of the contract must be made to the trader within 7 days after the consumer has discovered the defects, in full and clearly described.

Complaints to the trader shall be answered within 14 days of receipt. If the complaint requires a foreseeably longer period of time for processing, the trader shall reply within 14 days, acknowledging receipt and indicating when the consumer can expect a more detailed reply.

Failure to resolve the complaint by mutual agreement shall give rise to a dispute which shall be subject to the dispute resolution procedure.

The lodging of a complaint shall not suspend the performance of the trader's obligations, unless the trader states otherwise in writing.

If the 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

Contracts between the trader and the consumer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law. This applies even if the consumer is domiciled abroad.

 

Company Name

DVT E-commerce

Address

Verdunplein 17  

Unit A2921

Eindhoven

Noord-Brabant

5627SZ

Netherlands

Company Licence Number

88097501

VAT number

NL004548992B32