Terms & Conditions

Download here our general terms and conditions.

These General Terms and Conditions of Littledivashop.com are governed by
and construed in accordance with the laws of the Netherlands. You agree, as we
do, to submit to the exclusive jurisdiction of the Dutch courts in the event of any
dispute arising from these General Terms and Conditions.
 
These General Terms and Conditions of Littledivashop.com applies both
to companies and individuals, both to public and private enterprises and both at
European and national and local levels.
 
If you have any questions about our general Terms and Conditions please do not
hesitate to contact us via email: customercare@littledivashop.com.
 
CONTENTS
 
ARTICLE 1 - Definitions
ARTICLE 2 - The Entrepreneur’s identity
ARTICLE 3 - Applicability
ARTICLE 4 - The offer
ARTICLE 5 - The contract
ARTICLE 6 - Right of withdrawal
ARTICLE 7 - Costs in case of withdrawal
ARTICLE 8 - Exclusion of the right of withdrawal
ARTICLE 9 - The price
ARTICLE 10 - Conformity and Guarantee
ARTICLE 11 - Delivery and execution
ARTICLE 12 - Continuing performance contract
ARTICLE 13 - Payment
ARTICLE 14 - Complaints procedure
ARTICLE 15 - Disputes
ARTICLE 16 – Industry Guarantee
ARTICLE 17 - Additional or varying provisions
ARTICLE 18- Amendment to the General Terms and Conditions of Webshop Keurmerk
 
ARTICLE 1 – Definitions
 
In these Terms and Conditions, the following terms shall have the following
meanings:
Entrepreneur: the natural of legal person affiliated with the Stichting Webshop
Keurmerk and providing distance products and/or services to consumers;
Consumer: the natural person not acting in the exercise of his/her profession or
business and entering into a distance contract with the entrepreneur;
Distance Contract: a contract in which, up to the conclusion of the contract,
exclusive use is made of one or more technologies of distance communication
within the scope of the system organised by the Entrepreneur for distance sale of
products and/or services;
Technology for distance communication: a means to be used for concluding an
agreement, without the consumer and the entrepreneur being together in the same
place at the same time.
Cooling-off period: the period during which the Consumer may exercise the right of
withdrawal;
Right of withdrawal: the option for Consumers to withdraw from the distance
contract within the cooling-off period;
Day: calendar day;
Continuing performance contract: a distance contract concerning a series of
products and/or services, for which the offer and/or purchasing obligation is spread
over a longer period;
Long-term data carrier: any means that allow the Consumer or the Entrepreneur
to store information directed to him/her personally in a way to make future
consultation and unaltered reproduction of the stored information possible.
 
ARTICLE 2 – The Entrepreneur’s identity
 
Company name: Little Diva Company B.V.. trading under the name Littledivashop.com
Business address: Amsterdamsestraatweg 9-B, 1411 AW, Naarden, The Netherlands
Telephone number: +31 367440440,
Availability Customer Service from : Monday to Saturday, 08.00 AM – 20.00
PM CET (Central European Time)
E-mail address: customercare@littledivashop.com
Chamber of Commerce number: 52878554
VAT identification number: NL850644446L01
 
If the Entrepreneur’s activity is subject to a relevant licensing regime: information
about the supervising authority;
If the Entrepreneur practises a regulated profession:
− the professional association or organisation of which he is a member;
− the title of his profession, the place in the EU or the EEA where it is awarded;
− a reference to the rules of professional practice which are applicable in the
Netherlands and information about where and how these professional rules can be
accessed.
 
ARTICLE 3 – Applicability
 
1. These General Terms and Conditions apply to any offer from the Entrepreneur
and to any distance contract concluded by the Entrepreneur and the Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of
these General Terms and Conditions available to the Consumer. If this is reasonably
not possible, the Entrepreneur, before concluding the distance contract, shall notify
that the General Terms and Conditions can be inspected at the Entrepreneur´s and
that, at the Consumer´s request, they will be sent to the Consumer free of charge
as soon as possible.
3. If the distance contract is concluded electronically, the text of these General
Terms and Conditions, in deviation from the previous section and before the
distance contract is concluded, may also be supplied to the Consumer electronically
in such a way that the Consumer can easily store it on a long-term data carrier.
If this is reasonably impossible, it will be specified where the General Terms and
Conditions can be viewed electronically before concluding the distance contract,
and that they will be delivered at the Consumer´s request free of charge, either via
electronic means or otherwise;
4. If in addition to these General Terms and Conditions specific product or service
conditions apply, the second and third paragraphs shall apply accordingly, and
in the event of contradictory General Terms and Conditions, the Consumer may
always appeal to the applicable provision that is most favourable to him/her.
 
ARTICLE 4 – The offer
 
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly
stated in the offer.
2. The offer contains a full and accurate description of the products and/or services
offered. The description is suitably detailed to enable the Consumer to assess the
products and/or services adequately. If the Entrepreneur makes use of pictures,
they are truthful images of the products and/or services provided. Obvious errors or
mistakes in the offer are not binding for the Entrepreneur.
 
3. All offers contain such information that it is clear to the Consumer what rights
and duties are attached to accepting the offer.
This involves in particular:
− the price, including taxes;
− any delivery costs, if applicable;
− the way in which the agreement will be concluded, and what actions are needed
to establish this;
− whether or not the right of withdrawal is applicable;
− the form of payment, delivery or performance of the contract;
− the time frame for accepting the offer, or , as the case may be, the time frame
for honouring the price;
− the rate of distance communication if the costs for using the technology for
distance communication are calculated on a basis other than the basic rate;
− if the contract is filed after conclusion, how the Consumer can consult it;
− the manner in which the Consumer may acquaint him/herself with undesired
actions before concluding the contract, and the way the Consumer may correct
these actions before the contract is concluded;
− any languages other than Dutch in which the contract can 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 via electronic means, and
- the minimum duration of the distance contract in the event of a contract for
continuous or periodical delivery of products or services.
 
ARTICLE 5 – The contract
 
1. Subject to the provisions in paragraph 4, the contract becomes valid when the
Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the consumer accepted the offer via electronic means, the Entrepreneur shall
promptly confirm the receipt of the acceptance of the offer via electronic means. As
long as the receipt of said acceptance has not been confirmed, the Consumer may
repudiate the contract.
3. If the contract is concluded electronically, the Entrepreneur will take appropriate
technical and organisational security measures for the electronic data transfer
and ensure a safe web environment. If the Consumer can pay electronically, the
Entrepreneur shall observe appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather information about
Consumer’s ability to fulfil his payment obligations, as well as all facts and factors
relevant to responsibly concluding the distance contract. If, acting on the results
of this investigation, the Entrepreneur has sound reasons for not concluding the
contract, he is lawfully entitled to refuse an order or request while giving reasons,
or to attach special terms to the implementation.
5. The Entrepreneur shall send the following information along with the product or
service, in writing or in such a way that the Consumer can store it in an accessible
manner on a long-term data carrier:
a. the visiting address of the Entrepreneur´s business establishment where the
Consumer may get into contact for any complaints;
b. the conditions on which and the way in which the Consumer may exercise
the right of withdrawal, or, as the case may be, clear information about being
exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the information as stated in article 4 paragraph 3 of these Terms and Conditions,
unless the Entrepreneur has already provided the Consumer with this information
before the performance of the contract;
e. the requirements for cancelling the contract if the contract has a duration of
more than one year or for an indefinite period of time.
 
6. If the Entrepreneur has undertaken to deliver a series of products or services,
the stipulation in the previous paragraph applies to the first delivery only.
 
ARTICLE 6 – Right of withdrawal
 
When delivering products:
1. When purchasing products, the Consumer has the option to repudiate the
contract without specifying any reasons for a period of at least 14 days. This period
starts on the day the product is received by or on behalf of the Consumer.
2. During this period, the Consumer shall handle the product and the packaging
with care. The Consumer shall only unpack or use the product to the extent
necessary to judge whether he or she wishes to keep the product. If wishing to
exercise the right of withdrawal, the Consumer shall return the product with all
delivered accessories and, as far as reasonably possible, in the original condition
and packaging to the Entrepreneur in conformity with the Entrepreneur´s
reasonable and clear instructions.
When providing services
3. When providing services, the Consumer has the option to repudiate the contract
without specifying any reasons, for a period of at least 14 days starting on the day
of concluding the contract.
4. To exercise the right of withdrawal, the Consumer shall follow the reasonable
and clear instructions given by the Entrepreneur in this context during the offer
and/or before the delivery.
 
ARTICLE 7 - Costs in case of withdrawal
 
1. Should the Consumer exercise the right of withdrawal, only the returning costs
are at the Consumer´s expense.
2. If the Consumer has made a payment, the Entrepreneur shall return this
amount as soon as possible, but within not more than 30 days after the return or
withdrawal.
 
ARTICLE 8 - Exclusion of the right of withdrawal
 
1. If the Consumer does not have the right of withdrawal, the Entrepreneur can
exclude this right only if the Entrepreneur indicated this clearly in the offer or at
least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that were realised according to the Consumer’s specifications;
b. that are obviously personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose prices are subject to fluctuations in the financial market that are beyond
the Entrepreneur’s control;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the Consumer
has broken the seal;
3. Exclusion of the right of withdrawal is only possible for services
a. regarding accommodation, transportation, restaurant establishments or leisure
activities to be used or performed on a certain date or during a certain period;
b. of which the provision has been started with the Consumer’s explicit consent
before the expiration of the cooling-off period;
 
c. regarding betting and lotteries;
 
ARTICLE 9 - The price
 
1. The prices of the products and/or services provided shall not be raised during the
validity period stated in the offer, subject to changes in price due to changes in VAT
rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or
services whose prices are subject to fluctuations in the financial market that are
beyond the Entrepreneur’s control, at variable prices. The offer will state the
possibility of being subject to fluctuations and the fact that any indicated prices are
target prices.
3. Price increases within 3 months after concluding the contract are permitted only
as a result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if
the Entrepreneur has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which
the price increase starts.
5. All prices indicated in the provision of products or services are including VAT.
 
ARTICLE 10 – Conformity and Guarantee
 
1. The Entrepreneur guarantees that the products and/or services comply with the
contract, with the specifications listed in the offer, with reasonable requirements
of usability and/or reliability and with the existing statutory provisions and/or
government regulations on the day the contract was concluded.
2. An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or
Importer shall not affect the rights and claims the Consumer may exercise against
the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations
based on the law and/or the distance contract.
 
ARTICLE 11 – Delivery and execution
 
1. The Entrepreneur shall exercise the best possible care when booking and
when executing product orders, and when assessing requests for the provision of
services.
2. The place of delivery is at the address given by the Consumer to the company.
3.With due observance of the stipulations in Article 4 of these General Terms and
Conditions, the Company shall execute accepted orders with convenient speed but
at least within 30 days, unless a longer delivery period was agreed. If the delivery
has been delayed, or if an order cannot be filled or can be filled only partially, the
Consumer shall be informed about this within one month after ordering. In such
cases, the Consumer is entitled to repudiate the contract free of charge and with
the right to possible compensation.
4. In the event of repudiation under the preceding paragraph, the Entrepreneur
shall return the payment made by the Consumer as soon as possible but at least
within 30 days after repudiation.
5. If delivering an ordered product turns out to be impossible, the Entrepreneur
shall make an effort to offer an equivalent replacement product. Before the
delivery, it shall be reported in a clear and comprehensible manner that a
replacement product will be delivered. The right of withdrawal may not be excluded
with replacement products. The costs of the return shipment are to be borne by the
 
Entrepreneur.
6. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products
shall remain with the Entrepreneur until the time they are delivered to the
Consumer.
 
ARTICLE 12 – Termcontracts: duration, termination and renewal
 
Notice
1. Regarding a indefinite contract, which extends to the regular delivery of products
(including electricity) or services the consumer may terminate at any time in
compliance to the applicable termination rules and a notice of up to one month.
2. Regarding a definite contract, which extends to the regular delivery of products
(electricity included) or services the consumer can terminate the contract at any
time at the end of the fixed term in compliance with the applicable termination
rules and with a notice of at the most one month.
3. Consumers can the agreements mentioned in the preceding paragraphs:
- Cancel at any time and not be limited to termination at a particular time or in a
given period;
- At least cancel the same way as they are entered into by the consumer;
- Cancel at the same notice as the company has negotiated for itself.
Extension
4. A contract for a definite period, which extends to the regular delivery of products
(including electricity) or services may not be automatically extended or renewed for
a fixed period.
5. Notwithstanding the preceding paragraph, a contract for a definite period,
which extends to the regular delivery of daily news and weekly newspapers and
magazines be tacitly renewed for a maximum of three months if the consumer
agreement that has been extended towards the end of the extension may be
terminated with a notice of up to one month.
6. A contract for a definite period, which extends to the regular delivery of products
or services may only be extended tacitly for an indefinite period if the consumer
may cancel at any time with notice of one month and a notice of up three months if
the contract is about regularly, but less than once a month, delivering daily, news
and weekly newspapers and magazines.
7. Agreements with a limited duration of regular delivery of trial days, news and
weekly newspapers and magazines (trial or introductory subscription) is terminated
automatically and not tacitly continued after the trial or introductory
Duration
8. If a contract lasts more than one year, after one year of the agreement the
consumer may at any time terminate with a notice of up to one month prematurely,
unless the reasonableness and fairness resisting the termination before the end of
the agreed term.
 
ARTICLE 13 – Payment
 
1. Unless otherwise agreed, the amounts to be paid by the Consumer are to be
settled within 14 days after delivery of the goods, or in the event of an agreement
to provide a service, within 14 days after the delivery of documents relating to this
service.
2. When selling products to Consumers, it is not permitted to negotiate an advance
payment of more than 50% in the General Terms and Conditions. When an advance
payment was agreed, the Consumer may not assert any right regarding the
execution of that order or the provision of the service in question before the agreed
advance payment has been made.
 
3. The Consumer has the duty to inform the Entrepreneur promptly of possible
inaccuracies in the payment details.
4. In case of nonpayment on the part of the Consumer, and subject to legal
restrictions, the Entrepreneur is entitled to charge any predetermined reasonable
costs incurred to the Consumer.
 
ARTICLE 14 – Complaints procedure
 
1. The Entrepreneur shall have a sufficiently notified complaints procedure and shall
handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted to the
Entrepreneur fully and clearly described within a reasonable time after the
Consumer has discovered the defects.
3. The complaints submitted with the Entrepreneur shall be replied within a period
of 14 days after the date of receipt. Should a complaint demand a foreseeable
longer time for handling, the Entrepreneur shall respond within 14 days with a
notice of receipt and an indication when the Consumer can expect a more detailed
reply.
4. A complaint about a product, a service or an after-sales service that the
Entrepreneur provided can also be submitted via a complaints form given at
the website of Stichting Webshop Keurmerk www.keurmerk.info. The complaint
will then be sent both to the Entrepreneur in question and to Stichting Webshop
Keurmerk.
5. If the complaint cannot be solved in joint consultation, there will be a dispute
that is open to the dispute settlement rules.
 
ARTICLE 15 - Disputes
 
1. Contracts between the Entrepreneur and the Consumer, to which these General
Terms and Conditions apply, are exclusively governed by Dutch law.
2. Disputes between the Consumer and the Entrepreneur about the formation
or the performance of contracts related to products or services to be delivered
or that have been delivered by this Entrepreneur can be submitted with the
Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague (Den Haag)
(www.sgc.nl) with due observance of the provisions set out below.
3. A dispute is handled by the Disputes Committee [Geschillencommissie] only if
the Consumer submitted his/her complaint to the Entrepreneur within a reasonable
period.
4. Within three months after the dispute arose, the dispute must have been filed in
writing to the Geschillencommissie Webshop.
5. When the consumer wants to submit a dispute to the Geschillencommissie, the
member is bound by this choice. When the entrepreneur wants to file the dispute to
the Geschillencommissie, a consumer must speak out in writing within five weeks
after a written request made by the member whether he so desires or wants the
dispute to be dealt with by the competent court. Doesn’t hear the member the
consumer’s choice within the period of five weeks, the entrepreneur is entitled to
submit the dispute to the competent court.
6. The Geschillencommissie’s decision will be made under the conditions as set out
in the rules of the Arbitration Commission. A decision of the Geschillencommissie is
a binding advice.
7. The Disputes Committee will not handle a dispute or will discontinue handling it
if the Entrepreneur is granted a moratorium, goes bankrupt or actually ended his
business activities.
 
8. If in addition to the Geschillencommissie Webshop another disputes committee
recognised by or affiliated with the Stichting Geschillencommissies voor
Consumentenzaken (SGC) [Foundation for Consumer Complaints Committees]
or the Klachteninstituut Financiële Dienstverlening (Kifid) [Financial Services
Complaints Board] is competent, this other Disputes Committee is exclusively
competent.
 
ARTICLE 16 – Industry Guarantee
 
1. Webshop Keurmerk guarantees the fulfilment of the binding advice of the
Disputes Committee Webshop by its members unless the member decides to send
the binding opinion within two months for review to the court. This guarantee
revives if the binding opinion after review by the court has been confirmed and the
judgement has become final. Up to an amount of €10,000,- per binding opinion,
this amount will be paid to the consumer by Webshop Keurmerk. For amounts
greater than €10,000,- per binding opinion, €10,000,- will be paid. When the
amount exceeds €10,000,-, Webshop Keurmerk has an obligation to try to ensure
that members comply with the binding advice.
2. For the purposes of this guarantee it is required that the consumer files a written
appeal to Webshop Keurmerk and that the consumers transfers the claim on the
company to the Stichting Webshop Keurmerk. If the claim on the entrepreneur
exceeds €10,000,- it will be offered to consumers to the extent that the claim in
excess of €10,000,- will be transferred to the Stichting Webshop Keurmerk, who
will in its own name and costs shall try to get payment and fulfilment of these
rights to compensate the consumer.
 
ARTICLE 17 - Additional or varying provisions
 
Additional provisions of and/or deviations from these General Terms and Conditions
may not be to the Consumer’s detriment and must be put in writing or be recorded
in such a way that the Consumer can stored them in an accessible manner on a
long-term data carrier.
 
ARTICLE 18 – Amendments to the General Terms and Conditions of
Stichting Webshop Keurmerk
 
1. These General Terms and Conditions will not be changed other than in
consultation with the Consumentenbond
2. Amendments to these Terms and Conditions are valid only after they have
been published in the appropriate way, provided that the provision that is most
favourable to the Consumer shall prevail in case of appropriate amendments during
the validity of the offer.
 
Most recently changed on May 1st, 2014
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