General Terms and Conditions

General Terms and Conditions

Article 1 – Definitions

In these terms, the following definitions apply:

  • Business days: Mondays to Fridays, from 09:00h - 17:00h.
  • Cooling-off Period: the period during which the consumer can exercise their right of withdrawal;
  • Consumer: a natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Duration Transaction: a distance contract concerning a series of products and/or services, where the delivery and/or acceptance obligations are spread over time;
  • Durable Medium: any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of the stored information;
  • Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: a natural or legal person who offers products and/or services to consumers at a distance;
  • Distance Contract: a contract in the context of a distance selling system organized by the entrepreneur, in which, up to and including the conclusion of the contract, only one or more techniques for remote communication are used.
  • Technique for Remote Communication: A means that can be used to conclude an agreement without the consumer and the entrepreneur being simultaneously present in the same space.
  • General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Goodielicious by TT Enterprises
Orthenseweg 4D
5212 XA 's-Hertogenbosch
Netherlands

E-mail: goodielicious@tt-enterprises.nl
KVK: 95053220
VAT identification number: NL005129154B84

Article 3 – Applicability

These general terms and conditions apply to any offer made by the entrepreneur and to every distance contract and order between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in the case of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled, the contract and these terms shall remain in force for the rest, and the relevant provision will be replaced by a provision that comes closest to the original intent.

Situations not regulated in these general terms and conditions will be assessed "in the spirit" of these general terms and conditions. Uncertainties regarding the interpretation or content of one or more provisions of our terms should 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 non-binding. The entrepreneur is entitled to modify 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 errors in the offer do not bind the entrepreneur. All images and specification data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors 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 concerns in particular:

  • The price including taxes;
  • 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;
  • The method of payment, delivery, and execution of the agreement;
  • The period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
  • The rate for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the regular basic rate for the used communication method;
  • Whether the agreement will be archived after conclusion, and if so, how it can be consulted by the consumer;
  • The manner in which the consumer can verify and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement;
  • Any other languages in which the agreement can be concluded in addition to Dutch;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal or a clear notice regarding the exclusion of the right of withdrawal;
  • Information about guarantees and existing after-sales service;
  • The data included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  • The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Each 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 any reason within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer who has been made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The notification must be made by means of a written message/email. After the consumer has indicated their desire to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must provide proof that the delivered goods have been returned in time, for example, by means of proof of shipment.

If the customer has not indicated their desire to exercise their right of withdrawal or has not returned the product to the entrepreneur after the deadlines mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the products are the consumer's responsibility. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has already been received back by the webshop or conclusive proof of complete return shipment 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 only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.

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

  • a. That have been created by the entrepreneur according to the specifications of the consumer;
  • b. That are clearly personal in nature;
  • c. That cannot be returned due to their nature;
  • d. That can spoil quickly or age;
  • e. Whose price is linked to fluctuations in the financial market over which the entrepreneur has no influence;
  • f. For single newspapers and magazines;
  • g. For audio and video recordings and computer software whose seal has been broken by the consumer;
  • h. For hygiene products whose seal has been broken by the consumer.

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

  • a. Regarding accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
  • b. Whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
  • c. Regarding bets and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are guide prices will be stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:

  • a. They result from legal regulations or provisions; or
  • b. The consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

The prices mentioned in the offer of products or services are inclusive of VAT. All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In the event 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 agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or suitability, and the applicable legal provisions and/or government regulations existing at the date of conclusion of the agreement. If agreed upon, 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 based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after 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.