Terms and Conditions

Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal.

Consumer: a natural person who does not act in the exercise of a trade or profession and enters into a distance contract with the trader.

Day: a calendar day.

Long-term contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which extend over time.

Durable medium: any medium that enables the consumer or trader to store information personally addressed to them in a way that allows future reference and unchanged reproduction.

Right of withdrawal: the consumer’s right to withdraw from a distance contract within the cooling-off period.

Trader: the natural or legal person offering products and/or services to consumers at a distance.

Distance contract: an agreement concluded within the framework of a system organized by the trader for the distance sale of products and/or services, where exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.

Means of distance communication: any means that can be used to conclude a contract without the consumer and trader being simultaneously present in the same location.

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

Article 2 – Identity of the Trader

Email: info@ivyandmae.uk
Chamber of Commerce Registration Number: 94396124
VAT Identification Number: NL005080694B15
Address: Noordeinde 70, Wormerveer
Company Name: dlohyecom

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, it shall be stated before the contract is concluded that the Terms and Conditions are available for inspection at the trader’s premises and will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, these Terms and Conditions may, contrary to the previous paragraph, be provided electronically in such a way that the consumer can easily store them on a durable medium.
If this is not reasonably possible, it shall be stated where the Terms and Conditions can be accessed electronically and that they will be sent free of charge to the consumer by electronic or other means upon request.

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 conflicting conditions, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these General Terms and Conditions are null or void at any time, the remaining provisions shall remain in full force, and the invalid provision shall be replaced by a provision that approximates the original meaning as closely as possible.

Situations not covered by these Terms and Conditions must be assessed “in the spirit” of these Terms.
Any ambiguities regarding the interpretation or content of one or more provisions shall also 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 shall be expressly stated in the offer.
The offer is non-binding. The trader reserves the right to modify or adapt the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to assess the offer properly.

If the trader uses images, they shall represent the offered products and/or services truthfully.
Obvious errors or mistakes in the offer do not bind the trader. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or contract cancellation.

Product images are a true representation of the products offered. However, the trader cannot guarantee that the colors displayed will exactly match the actual product colors.

Each offer contains sufficient information to make clear to the consumer the rights and obligations attached to acceptance of the offer, including in particular:

  • The price, excluding customs clearance costs and import VAT. These additional costs are the customer’s responsibility and risk. The postal or courier service applies the special regime for postal and courier services regarding importation. This regime applies when goods are imported into the EU country of destination. The postal or courier service will charge VAT (and possibly a handling fee) to the recipient.

  • Any applicable shipping costs;

  • The method by which the contract will be concluded and the necessary actions for this;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and execution of the contract;

  • The period during which the offer can be accepted or the period for which the price is guaranteed;

  • The rate for distance communication if it differs from the basic rate;

  • Whether the contract will be archived after conclusion, and if so, how it can be accessed by the consumer;

  • How the consumer can check and, if necessary, correct the data provided before concluding the contract;

  • The available languages besides Dutch for concluding the contract;

  • The codes of conduct to which the trader has subscribed and how the consumer can consult them electronically;

  • The minimum duration of the distance contract in case of a long-term transaction.

Article 5 – The Agreement

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the stated conditions.
If the consumer accepts the offer electronically, the trader shall immediately confirm receipt of this acceptance electronically.
Until the trader confirms receipt, the consumer may withdraw from the contract.

If the contract is concluded electronically, the trader shall implement appropriate technical and organizational measures to secure the electronic data transmission and provide a secure web environment.
If the consumer can pay electronically, the trader shall take appropriate security measures.

Within legal limits, the trader may gather information about the consumer’s ability to meet payment obligations and other relevant facts necessary for responsibly concluding a distance contract.
If, based on this investigation, the trader has valid reasons not to conclude the contract, they are entitled to refuse an order or request, stating reasons, or attach special conditions to the execution.

The trader shall send the following information to the consumer in writing or in a durable medium accessible to the consumer:

  • The trader’s business address for lodging complaints;

  • The conditions and method for exercising the right of withdrawal, or a clear statement of its exclusion;

  • Information on after-sales service and existing warranties;

  • The data mentioned in Article 4, paragraph 3, unless already provided prior to execution of the contract;

  • The conditions for terminating the contract if it exceeds one year or is of indefinite duration.

In the case of a long-term contract, the above applies only to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to terminate the contract without giving reasons within 14 days. This reflection period begins the day after the consumer, or a representative designated by them, receives the product.

During this period, the consumer must handle the product and its packaging carefully. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it.
If the consumer exercises the right of withdrawal, they must return the product with all accessories, preferably in its original condition and packaging, following reasonable and clear instructions provided by the trader.

The consumer must notify the trader of their decision to withdraw within 14 days of receiving the product, in writing or by email.
After notification, the consumer must return the product within 14 days. The consumer must be able to prove timely return, for example, by providing a proof of shipment.

If the consumer fails to notify withdrawal or return the product within the required timeframes, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs shall be borne by the consumer.
If the consumer has already made a payment, the trader will refund the amount as soon as possible, and no later than 14 days after withdrawal, provided the returned product has been received or proof of return has been submitted.

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. Exclusion is only valid if clearly stated in the offer or at least before contract conclusion.

The right of withdrawal may only be excluded for products:

  • Manufactured according to consumer specifications;

  • Clearly personal in nature;

  • That cannot be returned due to their nature;

  • That may deteriorate or expire quickly;

  • Whose price depends on fluctuations in the financial market beyond the trader’s control;

  • Single copies of newspapers or magazines;

  • Audio/video recordings or computer software whose seals have been broken by the consumer;

  • Hygienic products whose seals have been broken.

The right of withdrawal may be excluded for services:

  • Related to accommodation, transport, catering, or leisure activities on a specific date or period;

  • That began with the consumer’s express consent before the reflection period ended;

  • Related to betting and lotteries.

Article 9 – Price

During the period stated in the offer, the prices of the offered products/services shall not increase, except for VAT changes.
Contrary to the previous paragraph, variable pricing is allowed for products or services dependent on market fluctuations beyond the trader’s control.

Price increases within three months of contract conclusion are only permitted if required by law.
Price increases after three months are only allowed if stipulated by the trader and:

  • Result from legal regulations; or

  • The consumer may cancel the contract from the date the increase takes effect.

Delivery takes place outside the EU, meaning import VAT or customs fees will be charged to the buyer by the postal or courier service. The trader does not charge VAT.

All prices are subject to typographical or printing errors. No liability is accepted for such errors. In case of an error, the trader is not obliged to deliver at the incorrect price.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of reliability/usability, and applicable legal provisions at the time of contract conclusion.
If expressly agreed, the trader also guarantees suitability for non-standard use.

Additional warranties offered by the trader, manufacturer, or importer do not affect the consumer’s legal rights.

Defects or incorrectly delivered products must be reported in writing within 14 days after delivery. Products must be returned in original packaging and unused condition.

The trader’s warranty period corresponds to that of the manufacturer.
The trader is not responsible for the product’s suitability for individual use or any advice on use/application.

The warranty is void if:

  • The consumer or third party has repaired or modified the products;

  • Products were used under abnormal conditions or contrary to instructions;

  • The defect resulted from government regulations regarding materials used.

Article 11 – Delivery and Execution

The trader will exercise the utmost care when receiving and executing product orders.

The delivery address is the one provided by the consumer.
Orders will be executed promptly and within 30 days unless a longer period has been agreed.

If delivery is delayed, or an order cannot be fulfilled (in whole or part), the consumer will be notified within 30 days. The consumer may then cancel the contract free of charge and may be entitled to compensation.

In case of cancellation, the trader will refund the consumer as soon as possible and no later than 14 days after cancellation.

If delivery is impossible, the trader will offer a replacement product, clearly indicated as such. The right of withdrawal cannot be excluded for substitute products. Return costs will be borne by the trader.

Risk of damage or loss passes to the consumer upon delivery, unless otherwise agreed.

Article 12 – Duration Contracts: Termination and Renewal

Termination
The consumer may terminate an indefinite contract for the regular delivery of products (including electricity) or services at any time, observing a notice period of no more than one month.

A fixed-term contract may be terminated by the consumer at the end of the specified duration, observing the agreed notice rules and a notice period of no more than one month.

The consumer may terminate such contracts:

  • At any time, without restriction to a specific date or period;

  • In the same manner in which the contract was concluded;

  • Always with the same notice period as that required of the trader.

Renewal
A fixed-term contract for the regular delivery of products or services may not be automatically extended or renewed for a fixed period.

An exception applies for contracts for newspapers, news, or magazines, which may be tacitly renewed for up to three months, provided the consumer can cancel at the end of the renewal with one month’s notice.

Contracts may only be renewed for an indefinite period if the consumer can terminate at any time with a notice period of one month, or three months for less frequent deliveries.

Trial or introductory subscriptions end automatically after the trial period.

Duration
If a contract lasts more than one year, the consumer may terminate it at any time after one year, observing a one-month notice period.

Article 13 – Payment

Unless otherwise agreed, payments must be made within seven working days after the start of the cooling-off period mentioned in Article 6(1).
In the case of a service contract, this period begins after the consumer receives confirmation of the contract.

The consumer must immediately report any inaccuracies in provided or stated payment details.

In the event of non-payment, the trader is entitled to recover reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted clearly and completely in writing within seven days after the consumer identifies the defect.

The trader shall respond to complaints within 14 days of receipt. If a complaint requires longer handling time, the trader shall confirm receipt and indicate when a detailed response can be expected.

If a complaint cannot be resolved by mutual agreement, it will be treated as a dispute and subject to the dispute resolution process.

A complaint does not suspend the trader’s obligations unless stated otherwise in writing.

If a complaint is found justified, the trader will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

All agreements between the trader and the consumer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and strengthened from 2024 under the “Law amending the Value Added Tax Act 1968 (Implementation of the Payment Services Directive)” and the subsequent implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data within the European CESOP system.