General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Right of withdrawal – the period during which the consumer may exercise their right to withdraw from the contract;
Consumer – a natural person who is not acting in the course of a business or professional activity and who concludes a distance contract with the entrepreneur;
Day – a calendar day;
Term agreement – a distance contract relating to a series of products and/or services for which the obligations of delivery and/or purchase are spread over time;
Durable medium – any tool that enables the consumer or entrepreneur 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 possibility to withdraw from a distance contract within the statutory period;
Entrepreneur – a natural or legal person who offers products and/or services to consumers at a distance;
Distance contract – a contract concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment at which the contract is concluded;
Means of distance communication – methods that may be used to conclude a contract without the simultaneous physical presence of the consumer and the entrepreneur;
Terms and conditions – these terms and conditions of the entrepreneur.
Article 2 – Business Identification
Store name: Avery & Hazel
E mail: support@averyandhazel.com
Return information:
Address: Andet sal i Caodaoxin Grøntmarked, Bygning 77, Choushan District 1, Beiyuan Street
City: Yiwu City
Postal code: 322001
Province: Zhejiang
Country: China
Phone: 17757923996
Name: Iris
Article 3 – Application
These terms and conditions apply to every offer made by the entrepreneur, every distance sales contract, and every order placed between the entrepreneur and the consumer.
Before concluding a distance sales contract, the content of these terms and conditions is made available to the consumer. If this is not reasonably possible, the consumer will be informed before concluding the distance sales contract that the terms and conditions are available at the entrepreneur’s premises and will be sent to the consumer immediately and free of charge upon request.
If the distance sales contract is concluded electronically, contrary to the previous paragraph, the content of these terms and conditions may be provided to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be accessed electronically, and that they will be sent electronically or otherwise upon request.
If special conditions apply to products or services in addition to these terms and conditions, the provisions regarding conflicting terms apply – the consumer may rely on the provision most favorable to them.
If any provision of these terms and conditions is declared void or is annulled, the remainder of the contract and these terms and conditions remain in force, and the void provision will be replaced immediately by a provision that reflects the original intent as closely as possible.
Situations not covered by these terms and conditions should be assessed in accordance with their spirit and purpose.
Article 4 – Offer
If an offer has a limited period of validity or is subject to conditions, this will be clearly stated in the offer.
The offer is non binding. The entrepreneur has the right to change 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 entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or inaccuracies in the offer are not binding on the entrepreneur.
All images and specifications included in the offer are indicative and cannot constitute grounds for compensation or termination of the agreement.
Product images are a faithful representation of the goods offered. The entrepreneur cannot guarantee that the displayed colours precisely match the actual colours of the products.
Each offer contains information clearly indicating the rights and obligations that arise for the consumer when accepting the offer. This includes, in particular:
the price, excluding import duties, VAT or custom fees, which are the sole responsibility and risk of the customer. Failure to pay these fees does not constitute a valid reason for a refund or chargeback. The postal operator and/or courier apply specific regulations regarding the import of parcels. These regulations apply when importing goods into the destination country in the EU, which is the case here. The postal operator and/or courier charges VAT (whether or not combined with customs duties) to the recipient of the goods;
any shipping costs;
the method by which the contract is concluded and the actions required to do so;
information on whether the right of withdrawal applies;
the methods of payment, delivery, and performance of the contract;
the period during which the offer remains valid or the period during which the entrepreneur guarantees the price;
the amount of the tariff for using means of distance communication, if the costs of using such technology are calculated on a basis other than the basic tariff rate for the means of communication used;
information on whether the contract will be archived after it is concluded, and if so, how the consumer may access it;
the manner in which the consumer may check and, if necessary, correct the data they have provided before concluding the contract;
all other languages in which the contract may be concluded, in addition to English;
codes of conduct to which the entrepreneur is subject and the method by which the consumer may view them electronically;
the minimum duration of the distance contract, if the contract is long term;
optional: available sizes, colours, and types of materials.
Article 5 – Contract
The contract is concluded, subject to the provisions of Article 4, at the moment the consumer accepts the offer under the stated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the offer acceptance electronically. As long as the entrepreneur has not confirmed receipt of the acceptance, the consumer may withdraw from the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the data transmission and ensure a safe online environment. If the consumer can make an electronic payment, the entrepreneur shall take appropriate security measures.
The entrepreneur may, within the limits of the law, obtain information on whether the consumer is able to fulfil their payment obligations, as well as any facts and factors relevant to the responsible conclusion of the distance contract. If, based on this assessment, the entrepreneur has legitimate reasons not to conclude the contract, they are entitled to refuse an order or request, giving reasons, or to make performance subject to special conditions.
The entrepreneur shall send the consumer, together with the product or service – in writing or in a manner that allows storage by the consumer on a durable medium and in an accessible form – the following information:
the business address of the entrepreneur to which the consumer may direct complaints;
the conditions, rules, and method for exercising the right of withdrawal, or a clear statement regarding its exclusion;
information regarding warranties and existing after sales services;
the information referred to in Article 4(3) of these terms and conditions, unless such information has already been provided to the consumer;
the terms relating to termination of the contract, if the contract is long term or concluded for an indefinite period.
In the case of continuous service contracts, the provisions of the preceding paragraph apply only to the first delivery.
Every contract 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 right to withdraw from the contract within 14 days without providing any reason. The withdrawal period begins on the day following the day on which the consumer, or a representative previously designated by the consumer and reported to the entrepreneur, receives the product.
During the withdrawal period, the consumer must handle the product and its packaging with care. They may unpack product only to the extent necessary to determine whether they wish to keep it.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must do this by written notice or by email. After informing the entrepreneur of their intention to use the right of withdrawal, the consumer is required to return the product within 14 days. The consumer must provide proof that the returned goods were sent on time, for example, by presenting proof of shipment.
Returned products must be undamaged, unused and in their original packaging. The consumer is liable for any reduction in value resulting from handling the product beyond what is necessary to determine its nature, characteristics and functioning. Avery & Hazel reserves the right to refuse a refund or apply a reduction in the refund amount if the product shows signs of use, wear, damage or missing packaging components.
The customer is responsible for returning the product using a shipping method that provides proof of shipment, such as a track & trace code. In accordance with Article 14(1) of the EU Consumer Rights Directive, the customer bears the risk of the return shipment until the product is received by Avery & Hazel. If the customer chooses a non-trackable shipping method, Avery & Hazel cannot be held liable for lost or undelivered return parcels. Refunds will only be issued after the returned product has been received and verified. The customer must provide proof of shipment when requested.
If, after the expiry of the time limits specified above, the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal and has not returned the product, the purchase is considered final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, they shall bear the costs of returning the products.
If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the consumer has exercised the right of withdrawal. The condition for the refund is that the online store receives the product or that the consumer provides clear proof of the full return shipment.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal with respect to 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 before the conclusion of the contract.
Exclusion of the right of withdrawal is possible only for products:
that have been manufactured by the entrepreneur according to the consumer’s specifications;
that are clearly personalised;
that, by their nature, cannot be returned;
that may quickly deteriorate or expire;
whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
that are delivered individually as newspapers and magazines;
that are audio recordings, video recordings, or computer software for which the consumer has broken the seal of the packaging;
that are hygienic products if the consumer has broken the seal of the packaging.
Exclusion of the right of withdrawal is possible only for services:
that concern accommodation, transport, catering, or leisure activities, provided on a specific date or within a specific period;
whose performance has begun with the consumer’s express consent before the withdrawal period has expired;
that relate to bets and lotteries.
Article 9 – Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for changes resulting from adjustments in VAT rates.
Regardless of the above provision, the entrepreneur may offer products or services at variable prices if these prices depend on fluctuations in the financial market over which the entrepreneur has no influence. In such cases, the offer will clearly state that prices may fluctuate and that the listed prices are indicative.
Price increases within 3 months of the conclusion of the contract are permitted only if they result from legal provisions or regulations.
Price increases after 3 months from the conclusion of the contract are permitted only if the entrepreneur has explicitly stipulated this and:
they are the consequence of changes resulting from legal provisions or regulations; or
the consumer has the right to terminate the contract as of the date on which the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the case of printing and typographical 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 contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and governmental regulations in force on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than ordinary use.
Minor variations in colour, size, texture or appearance may occur due to screen settings, lighting conditions, manufacturing tolerances or batch production differences. Such minor variations do not constitute a defect and do not give rise to any right to compensation, replacement or contract termination.
The warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered 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 warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never liable for the final suitability of the products for individual use 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 has had them repaired and/or modified by a third party;
the delivered products have been exposed to abnormal conditions, have been handled carelessly, or have been used contrary to the instructions of the entrepreneur and/or the instructions on the packaging;
the defect is wholly or partly the result of legal provisions regarding the nature or quality of the materials used.
Article 11 – Delivery and Performance
The entrepreneur shall exercise the utmost care when receiving and executing orders for products.
In accordance with Article 4 of these terms and conditions, the entrepreneur will execute accepted orders as quickly as possible, but no later than within 14 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 in part, the consumer will be informed of this no later than 14 days after placing the order. In such cases, the consumer has the right to terminate the contract at no cost and may be entitled to compensation.
If the contract is terminated in accordance with the above paragraph, the entrepreneur will refund the amount paid by the consumer as quickly as possible, but no later than 14 days from the date of termination.
If delivery of the ordered product proves impossible, the entrepreneur will make every effort to offer a replacement product. At the latest upon delivery, it will be clearly and comprehensibly stated that the delivered product is a replacement. The right of withdrawal cannot be excluded for replacement products. Any costs of return shipment shall 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 previously designated representative, unless otherwise agreed.
The customer is responsible for providing a complete and correct delivery address when placing an order. Avery & Hazel is not liable for delays, failed deliveries, or returned parcels resulting from incorrect or incomplete address information provided by the customer. If a parcel is returned due to an incorrect address or failure to collect the package after delivery attempts, reshipment costs may apply. Refunds will not be issued for orders that cannot be delivered due to customer error.
Once a parcel has been handed over to the carrier, the tracking information provided by the carrier constitutes official proof of shipment and delivery attempts. Avery & Hazel cannot be held responsible for delays caused by the carrier or for situations in which the customer fails to receive, collect, or make themselves available for delivery despite documented carrier attempts. Refusal to accept the parcel or failure to collect it does not entitle the customer to a refund.
Article 12 – Continuous Service Contracts: Duration, Termination, and Renewal
Termination
The consumer may terminate a contract concluded for an indefinite period, involving 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 a contract concluded for a fixed period, involving the regular delivery of products (including electricity) or services, at any time at the end of the agreed duration, subject to the agreed termination rules and a minimum notice period of one month.
The consumer may terminate the contracts referred to in the paragraphs above:
at any time, without being restricted to termination on a specific date or within a specific period;
in the same manner in which the contracts were concluded;
always with a notice period identical to the notice period stipulated by the entrepreneur for themselves.
Renewal
A fixed-term contract involving the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for another fixed term.
Notwithstanding the above provision, a fixed-term contract involving the regular delivery of newspapers, daily newspapers, and weekly magazines may be tacitly renewed for a period not exceeding three months. If the consumer does not agree to such a renewal, they may terminate it with a notice period of no more than one month.
A fixed-term contract involving the regular delivery of products or services may be tacitly renewed only for an indefinite period if the consumer can terminate it at any time with a notice period not exceeding one month, and in the case of a contract involving regular but less frequent than monthly delivery of newspapers, daily newspapers, and weekly magazines – with a notice period not exceeding three months.
A fixed-term contract involving the regular delivery of newspapers and magazines under a trial or introductory subscription (trial or introductory subscription) cannot be tacitly renewed and expires automatically at the end of the trial or introductory period.
Duration
If a contract is concluded for a duration longer than one year, the consumer may terminate the contract at any time after one year, subject to a notice period of no more than one month, unless fairness and equity prevent termination before the agreed duration has expired.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days from the beginning of the withdrawal period referred to in Article 6, paragraph 1. In the case of a service contract, this period begins upon the consumer’s receipt of the confirmation of the contract.
The consumer must promptly report any inaccuracies in the payment details provided to or disclosed by the entrepreneur.
If the consumer fails to make payment, the entrepreneur is entitled – subject to applicable legal limitations – to charge the consumer reasonable costs, provided that the consumer was informed of these costs in advance.
Article 14 – Complaints Procedure
Complaints concerning the performance of the contract must be submitted to the entrepreneur in full and clearly described, within 7 days after the consumer has identified deficiencies.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint foreseeably requires a longer processing time, the entrepreneur will inform the consumer within 14 days that the complaint has been received and provide an indication of when a more detailed response can be expected.
If a complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Submitting a complaint does not release the consumer from their contractual obligations, unless the entrepreneur decides otherwise in writing.
If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts concluded 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 outside the Netherlands.
Article 16 – CESOP
In connection with the measures to be implemented and reinforced from 2024 under the “Act amending the Turnover Tax Act 1968 (Implementation Act for the Payment Services Directive)” and in relation to the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record data in the European CESOP system.