General Terms and Conditions
Mediation conditions
Description of the company structure
Goods offered on www.eefjeelise.nl are explicitly not sold by Kraaicommerce. The goods offered are sold by the Seller Fulfillman. This means that the purchase contract is concluded between the Buyer and Seller. Kraaicommerce is in no way a party to these agreements.
The general terms and conditions applicable between Seller and Buyer are included at the end of this document. Please note: these general terms and conditions apply between Buyer and Seller and therefore cannot be invoked against Website Owner.
If the Seller is established in a country within the EU or Norway, Liechtenstein or Iceland, the European directive “distance selling” applies to the concluded agreements. All rights and guarantees mentioned in this directive therefore apply.
Mediation conditions
Article 1 – Definitions
In these mediation conditions the following terms are understood to mean:
- Website: www.eefjeelise.nl. This concerns the platform made available. This also includes all subdomains.
- Website owner: the company Kraaicommerce, located at Westplein 12 in Rotterdam, and registered with the Chamber of Commerce under number 72194553.
- Buyer: the person who makes a purchase from the Seller via the above-mentioned website.
- Seller: the foreign company which, either as a manufacturer or as a supplier, sells goods to the Buyer.
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Article 2 – The rights of the Buyer
If the Seller is established in a country within the EU or Norway, Liechtenstein or Iceland, the European directive “distance selling” applies to the concluded agreements. All rights and guarantees mentioned in this directive therefore apply, including:
- Seller shall provide Buyer with information regarding taxes, payments, deliveries and performance of the agreement clearly and in writing within a reasonable period of time.
- Buyer will receive order within 60 days, unless another term has been agreed. In the event that a product is no longer available, Seller must inform Buyer of this. Any (down) payments must be refunded to Buyer's account within thirty days, unless Seller delivers a comparable product.
- Buyer has at least fourteen days right of withdrawal, which means that Buyer can reverse the purchase without giving reasons. Any shipping costs incurred in this situation will be borne by Buyer. Any (down) payments must be refunded within thirty days to a bank account designated by the buyer.
Article 3 – The mediation service
- The offer of the goods on Website is not sold by Website holder. These goods are sold by Seller. When purchasing the goods, a purchase agreement is therefore concluded between Buyer and Seller.
- The goods are sold via Website by Seller.
- The website owner provides an intermediary service to the Seller. When ordering goods via the Website, the Website owner is authorized as an intermediary, in the name of the Buyer and for the account of the Buyer. The website owner is therefore authorized to order from the Seller under the name of the seller.
- Seller is located outside the Netherlands, therefore the goods in question are imported, this always happens under the name of Buyer. Additional costs, such as import VAT and (customs) clearance costs are also for the account of Buyer.
- Payments to Website Owner are made solely on the basis of offering and maintaining the mediation platform.
Article 4 – Financial settlement
- Payment for the purchased product is made via the website owner, the sales price is transferred to the Seller after deduction of the pre-determined brokerage fee.
- Seller determines which prices are used on the Website.
- Seller pays a fixed amount to Website Owner per product sold. This amount is determined in another agreement and only applies to offering and maintaining the mediation platform.
Article 5 – Complaints
- The Buyer may make any complaints regarding the performance of the agreement known to the Seller.
- The Seller will respond to any complaint received by the Seller within fourteen days.
- If the buyer is dissatisfied with the procedure referred to in paragraph 1 of this article, he or she may contact the Disputes Committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).
General Terms and Conditions
TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of revocation
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 17 - SMS Marketing
ARTICLE 1 - DEFINITIONS
In these terms and conditions the following terms shall have the following meanings:
- Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Reflection period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of a profession, business or craft and who enters into an agreement with the entrepreneur;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Duration transaction: an agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information, including e-mail.
- Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
- Model form: the withdrawal form that is made available to the consumer by the entrepreneur and that can be filled in by the consumer when he wants to make use of his right of withdrawal;
- Entrepreneur: the natural person or legal entity that offers products and/or (access to) digital content and/or services remotely to consumers;
- Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication with the consumer;
- Distance communication technology: means that can be used to conclude a distance contract, without the consumer and the entrepreneur being together in the same room at the same time;
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Entrepreneur Name: Fulfillman
Business address; Yiwu Tongfu Trading Co., Ltd. Second Floor, Honghua Comprehensive Market, Honghua Community, Houzhai Street, Yiwu City, Zhejiang
Email address; info@fulfillman.com
ARTICLE 3 - APPLICABILITY
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between entrepreneur and 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, in what way they can be viewed and that these general terms and conditions will be sent free of charge to the consumer as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, then, by way of exception to the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically before the distance contract is concluded in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
- In the event that one or more provisions of these general terms and conditions are at any time declared null and void or annulled, in whole or in part, these general terms and conditions shall otherwise remain in force and the relevant annulled or void provision shall be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
- Situations that are not covered by these general terms and conditions must be assessed in accordance with these general terms and conditions.
- Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted in accordance with these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled 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, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price, excluding customs clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services with regard to the import. This arrangement applies if the goods are imported into the EU country of destination, which is also the case in this case. The postal and/or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after it has been concluded and, if so, how the consumer can consult it;
the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a continuous transaction.
Optional: available sizes, colours, type of materials.
ARTICLE 5 - THE AGREEMENT
- Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
- In the event that the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- The entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product or service or the digital content:
- the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the price, including taxes, of the product, service or digital content;
- the costs of delivery, if applicable;
- the method of payment, delivery or performance of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- in the event that the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
Upon delivery of products:
- When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 14 days.
- This reflection period commences on the day after the consumer or a representative designated in advance by the consumer and made known to the entrepreneur receives the product.
If:
- the consumer has ordered multiple products in the same order, the cooling-off period commences on the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, on condition that he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
- the delivery of a product consists of different shipments or parts, the cooling-off period commences on the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
- the agreement is for the regular delivery of products during a certain period, the cooling-off period commences on the day on which the consumer, or a third party designated by the consumer, has received the first product.
For services and digital content not supplied on a tangible medium:
- In the event that a service agreement or an agreement for the supply of digital content is not delivered on a tangible medium, the consumer can terminate the agreement within fourteen days without giving reasons. These fourteen days commence on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that are not delivered on a tangible medium if not informed about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
- During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
ARTICLE 7 – COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL
- If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
- The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after cancellation, in the same manner used by the consumer. In this case, receipt by the web retailer or conclusive proof of complete return is required.
- Any reduction in value of the product caused by careless handling is at the expense of the consumer. This cannot be invoked if the entrepreneur has not provided all legally required information regarding the right of withdrawal. This must be done before concluding the purchase agreement.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
- Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement, and it concerns one of the products listed in paragraphs 2 and 3.
- Exclusion is only possible for the following products:
- which have been established by the entrepreneur agreement specifications of the consumer;
- that are clearly personal in nature;
- that can spoil or become outdated quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- 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.
- Exclusion is only possible for the following services:
- concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which has commenced with the express consent of the consumer before the cooling-off period has expired;
- regarding betting and lotteries
ARTICLE 9 - PRICE
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The place of delivery is, pursuant to article 5, paragraph 1, of the Turnover Tax Act 1968, in the country where the transport commences. In the present case, this delivery takes place outside the EU. Following this, the postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typographical errors. No liability is accepted 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.
Any additional customs clearance costs and/or import duties are not included in the price and will be borne by the customer.
ARTICLE 10 – WARRANTY AND CONFORMITY
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement. This is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
- The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products himself and/or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the entrepreneur and/or on the packaging;
- The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND EXECUTION
- The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 60 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest 60 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are for the account of 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 made known to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION AND EXTENSION
Cancellation
- The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, taking into account 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:
- cancel at any time and not be limited to cancellation at a specific time or during a specific period;
- at least cancel in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
- An agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
- By way of exception to the previous paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of up to one month.
- An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement provides for the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers and magazines.
- An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) will not be automatically extended and will end automatically after 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 oppose 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 as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
- The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
ARTICLE 14 - COMPLAINTS PROCEDURE
- The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
ARTICLE 15 - DISPUTES
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
ARTICLE 16 - ADDITIONAL OR DEVIATING PROVISIONS
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
ARTICLE 17 - SMS MARKETING
By consenting to Eefje Elise's text marketing at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring text message notifications (for your order, including abandoned checkout reminders), text message marketing offers, and transactional text messages, including requests for reviews from us, even if your mobile number is registered on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to opt out of receiving text marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provide you in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, are not considered reasonable means of opting out. We do not charge a fee for the Service, but you are responsible for all text messaging charges and fees imposed by your wireless carrier. Message and data rates may apply.
For questions you can text HELP to the number you received the messages from. You can also contact us via our contact page or via info@eefjeelise.nl for more information.
We have the right to change any telephone number or short code that we use to operate the Service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code that we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring any requests made in such messages.
To the extent permitted by applicable law, you agree that we shall not be liable for any failed, delayed or misdirected delivery of any information transmitted through the Service, any errors in such information, and/or any action you take or do not take in reliance on the information or the Service.
Your right to privacy is important to us. You can review our Privacy Policy to determine how we collect and use your personal information.