Terms and Conditions
Table of Contents:
Article 1 – Definitions
Article 2 – Identity of Hijabella
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Obligations of the Consumer During the Reflection Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
Article 9 – Obligations of Hijabella in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Performance and Additional Warranty
Article 13 – Delivery and Execution
Article 14 – Duration Transactions: Term, Termination and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Additional or Deviating Provisions
Article 1 – Identity of Hijabella
Hijabella
Chamber of Commerce (KvK) number: 93164939
KvK name: MvBRoermond
VAT number: NL866298459B01
Nassaustraat 47, 6043 EB, Roermond
Article 3 – Applicability
These general terms and conditions apply to every offer made by Hijabella and to every distance contract concluded between Hijabella and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, Hijabella shall indicate, before the distance contract is concluded, how the general terms and conditions can be accessed at Hijabella and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these terms and conditions may be provided to the consumer electronically, in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, Hijabella shall indicate where the terms and conditions can be accessed electronically and that they will be sent free of charge upon request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the most favorable applicable provision.
Article 4 – The Offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable a proper assessment by the consumer. If Hijabella uses images, they are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind Hijabella.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth therein.
If the consumer accepts the offer electronically, Hijabella shall immediately confirm receipt of the acceptance electronically. As long as the receipt has not been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, Hijabella shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, Hijabella shall take appropriate security measures.
Hijabella may, within legal limits, obtain information about whether the consumer can meet their payment obligations, as well as any other facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, Hijabella has sound reasons not to enter into the agreement, it is entitled to refuse an order or application with justification or to attach special conditions to the implementation.
Hijabella shall, at the latest upon delivery of the product, service, or digital content, provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
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the address of the Hijabella office where the consumer can lodge complaints;
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the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of this right;
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information on warranties and existing after-sales service;
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the price including all taxes, delivery costs if applicable, and the method of payment, delivery, or execution of the distance contract;
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the requirements for terminating the contract if it has a duration of more than one year or is indefinite;
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the model withdrawal form if the consumer has a right of withdrawal.
In the case of a continuing performance contract, the previous paragraph applies only to the first delivery.
Article 6 – Right of Withdrawal
For products:
The consumer may dissolve an agreement regarding the purchase of a product within 14 days without giving any reason. Hijabella may ask for the reason for withdrawal but cannot oblige the consumer to state their reason(s).
The reflection period starts the day after the consumer, or a third party designated by the consumer who is not the carrier, receives the product, or:
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if the consumer ordered multiple products in one order: the day on which the last product was received;
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if the delivery consists of several shipments or parts: the day the last shipment or part is received;
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for contracts for regular delivery over a set period: the day on which the first product was received.
Extended withdrawal period in case of missing information:
If Hijabella did not provide the legally required information regarding the right of withdrawal or the model withdrawal form, the reflection period ends 12 months after the original period ends.
If the required information is provided within these 12 months, the consumer has 14 days from the day they received that information.
Article 7 – Obligations of the Consumer During the Reflection Period
During the reflection period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product as necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store.
The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted.
The consumer is not liable for any diminished value of the product if Hijabella did not provide them with all the legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
If the consumer exercises their right of withdrawal, they shall notify Hijabella within the reflection period by using the model withdrawal form or by another unequivocal means.
As soon as possible, but within 14 days from the day following this notification, the consumer shall return the product or hand it over to (an authorized representative of) Hijabella. This is not required if Hijabella has offered to collect the product itself. The consumer has met the return deadline if they send the product back before the reflection period has expired.
The consumer shall return the product with all delivered accessories, in its original condition and packaging if reasonably possible, and according to the reasonable and clear instructions provided by Hijabella.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product.
If the consumer withdraws after first having explicitly requested that the service or supply of gas, water, or electricity not prepared for sale in a limited volume or set quantity begins during the withdrawal period, the consumer shall pay Hijabella an amount proportional to what has been delivered at the time of withdrawal compared to the full performance of the agreement.
The consumer bears no cost for the performance of services or the supply of water, gas, or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating if:
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Hijabella did not provide the consumer with the legally required information regarding the right of withdrawal, cost reimbursement in case of withdrawal, or the model withdrawal form, or;
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the consumer did not expressly request the start of the performance of the service or delivery during the reflection period.
The consumer shall not bear any cost for the full or partial delivery of digital content not supplied on a tangible medium if: -
they did not expressly consent to the start of performance before the end of the reflection period;
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they did not acknowledge losing their right of withdrawal when giving consent; or
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Hijabella failed to confirm this declaration.
If the consumer exercises their right of withdrawal, all additional agreements shall be automatically terminated.
Article 9 – Obligations of Hijabella in Case of Withdrawal
If Hijabella makes the notification of withdrawal by the consumer possible electronically, it shall promptly send a confirmation of receipt upon receiving this notification.
Hijabella shall reimburse all payments made by the consumer, including any delivery costs charged by Hijabella for the returned product, without delay and within 14 days following the day the consumer notifies them of the withdrawal. Unless Hijabella offers to collect the product itself, it may wait to refund until it has received the product or the consumer proves they have returned it—whichever comes first.
Hijabella shall use the same means of payment that the consumer used, unless the consumer agrees to another method. The refund is free of charge to the consumer.
If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, Hijabella is not obliged to refund the additional cost of the more expensive option.
Article 10 – Exclusion of the Right of Withdrawal
Hijabella may exclude the following products and services from the right of withdrawal, but only if Hijabella has clearly stated this at the time the offer was made, or at least in a timely manner before the agreement was concluded:
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Products or services whose price is subject to fluctuations in the financial market over which Hijabella has no control and which may occur within the withdrawal period;
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Agreements concluded during a public auction. A public auction is a method of sale where products, digital content, and/or services are offered by Hijabella to the consumer who attends or is given the opportunity to attend the auction in person, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
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Service contracts, after full performance of the service, but only if:
a. the performance started with the consumer’s explicit prior consent; and
b. the consumer has declared that they lose their right of withdrawal once Hijabella has fully performed the contract; -
Package holidays as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
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Service contracts for the provision of accommodation, if the agreement specifies a certain date or period of performance and other than for residential purposes, transport of goods, car rental services, and catering;
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Agreements related to leisure activities, if the agreement provides for a specific date or period of performance;
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Products made to the consumer’s specifications, which are not prefabricated and which are made based on an individual choice or decision by the consumer, or that are clearly intended for a specific person;
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Products that perish quickly or have a limited shelf life;
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Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
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Products that, after delivery, by their nature, are inseparably mixed with other products;
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Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which Hijabella has no control;
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Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
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Newspapers, periodicals, or magazines, with the exception of subscriptions to them;
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The delivery of digital content not supplied on a tangible medium, but only if:
a. the performance has started with the consumer’s explicit prior consent; and
b. the consumer has declared that they thereby lose their right of withdrawal.
Article 11 – The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, Hijabella may offer products or services whose prices are subject to fluctuations in the financial market and over which Hijabella has no control, at variable prices. This link to fluctuations and the fact that any mentioned prices are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
Price increases more than 3 months after the conclusion of the agreement are only allowed if Hijabella has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement effective on the day the price increase takes effect.
Prices mentioned in the offer of products or services include VAT.
Article 12 – Performance of the Agreement and Additional Warranty
Hijabella guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Hijabella also guarantees that the product is suitable for use other than normal use.
An additional warranty provided by Hijabella, its supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer can assert against Hijabella based on the agreement if Hijabella has failed to fulfill its part of the agreement.
An additional warranty is defined as any commitment by Hijabella, its supplier, importer, or producer in which it grants the consumer certain rights or claims that go beyond what the consumer is legally entitled to if Hijabella has failed to fulfill its obligations.
Article 13 – Delivery and Execution
Hijabella shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery shall be the address that the consumer has made known to Hijabella.
Subject to what is stated in Article 4 of these general terms and conditions, Hijabella shall execute accepted orders with due speed and at the latest within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without cost and is entitled to any compensation.
After termination in accordance with the previous paragraph, Hijabella shall promptly refund the amount that the consumer has paid.
The risk of damage and/or loss of products rests with Hijabella until the moment of delivery to the consumer or a previously designated representative, unless explicitly agreed otherwise.
Article 14 – Continuing Transactions: Duration, Termination, and Extension
Termination:
The consumer may terminate an agreement concluded for an indefinite period and which involves the regular delivery of products 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 fixed-term agreement that was concluded for the regular delivery of products or services at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
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at any time and not be limited to termination at a specific time or during a specific period;
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terminate them in the same way as they were concluded;
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always terminate with the same notice period that Hijabella has stipulated for itself.
Extension:
A fixed-term agreement that was concluded for the regular delivery of products or services may not be tacitly extended or renewed for a fixed duration.
By way of derogation from the previous paragraph, a fixed-term agreement that was concluded for the regular delivery of daily or weekly newspapers or magazines may be tacitly extended for a maximum duration of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement that was concluded for the regular delivery of products or services may only be extended indefinitely if the consumer may terminate it at any time with a notice period of no more than one month.
An agreement of limited duration for the regular introduction of daily or weekly newspapers or magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.
Duration:
If an agreement lasts 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 duration.
Article 15 – Payment
Unless otherwise provided in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period or, in the absence of a reflection period, within 14 days after concluding the agreement.
In the case of a service agreement, this period starts the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer may never be required to pay more than 50% in advance. If an advance payment is agreed, the consumer cannot assert any right regarding the execution of the order or service before the agreed advance payment has been made.
The consumer is obliged to report any inaccuracies in provided or stated payment details to Hijabella without delay.
If the consumer does not meet their payment obligation(s) in time, and after being reminded by Hijabella and given a 14-day period to still meet the payment obligations, then the consumer owes statutory interest on the amount due and Hijabella is entitled to charge the extrajudicial collection costs incurred by it. These collection costs are: maximum 15% on outstanding amounts up to €2,500, 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40.
Article 16 – Complaints Procedure
Hijabella has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to Hijabella within a reasonable time after the consumer has discovered the defects.
Complaints submitted to Hijabella will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Hijabella will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give Hijabella at least four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to dispute resolution.
Article 17 – Disputes
Agreements between Hijabella and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 18 – 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 the consumer can store them accessibly on a durable medium.
