General terms and conditions Alinastore

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

Reflection period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with Alina;

Day: calendar day;

Duration transaction : a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;

Durable medium: any instrument which 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.

Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

Model form: the model withdrawal form that Alina makes available and that the consumer can fill in when he wants to exercise his right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

Distance contract: an agreement concluded between Alina and the Consumer within the framework of a system organised by Alina for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement exclusive use is made of one or more techniques for distance communication;

Distance communication technology: a means by which a contract can be concluded without the consumer and the entrepreneur being present in the same room at the same time.

General Terms and Conditions: these General Terms and Conditions of Alina.

Article 2 – Identity of Alina

Address: Wilhelminastraat 2a, 3214CX Zuidland

Contact: info@alinastore.nl

Chamber of Commerce number: 91014514

VAT ID: NL865527192B01

Article 3 – Applicability

These general terms and conditions apply to every offer from Alina and to every distance contract and orders concluded between Alina and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at Alina's and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed 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 conditions, the consumer can always rely on the applicable provision that is most favourable to him.

Article 4 – The offer

1. Article 4 – The offer

   1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
   2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
   3. 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 must be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
   4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
   5. Product images are a true representation of the products offered. However, the company cannot guarantee that the displayed colors exactly match the actual colors of the products.
   6. Some information, claims, or results on the website are based on individual customer experiences. Results may vary from person to person and are not guaranteed. Alina cannot be held liable for the absence of certain results.
   7. Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This includes, in particular:
      • the price including taxes;
      • 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.

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.
4. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
6. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
7. 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;
8. the information about warranties and existing after-sales service;
9. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
11. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
12. Each agreement is entered into under the condition precedent of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

1. When purchasing products, consumers have the right to cancel the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and announced to the company, receives the product.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. The products must be returned in their original packaging and in new condition, provided that the product is not defective.
4. If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. This notification must be made using the standard form or by email/letter. After the consumer has indicated their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment.
5. If the customer has not indicated that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3 have expired, or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in case of revocation

1. If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided. The product must also be in good condition.

Article 8 – Exclusion of the right of withdrawal

• The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
• Exclusion of the right of withdrawal is only possible for products:

1. which have been created by the entrepreneur in accordance with the consumer's specifications;
2. that are clearly personal in nature;
3. which by their nature cannot be returned;
4. that can spoil or become outdated quickly;
5. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer has broken the seal.
8. for hygiene products where the consumer has broken the seal.

Article 9 – The price

1. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
2. The prices stated in the offer of products or services include VAT.
3. All prices are subject to printing and typographical errors. We accept no liability for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

1. 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 is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. 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.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
• The consumer has repaired and/or modified the delivered products themselves 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

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. Consumers cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
5. 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.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipping are borne by the entrepreneur.
7. 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 announced to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Payment

1. 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.
2. The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

Article 13 – Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer must first contact the entrepreneur.
6. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).
7. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
8. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 14 – Disputes

1. Agreements between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 15 – 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 16 – Intellectual Property

1. Alina reserves all intellectual property rights and other rights relating to all information, products, and/or services provided, such as texts, images, brands, logos, and other materials.
2. The consumer is not permitted to use or make changes to the intellectual property rights as described in paragraph 1 without the express written permission of Alina, unless it is strictly necessary for their own personal use of the products and/or services supplied.

Article 17 – Privacy Policy

1. Alina respects the privacy of the consumer and ensures that personal data is treated confidentially.
2. Personal data are processed in accordance with applicable privacy legislation.

Article 18 – Liability

1. Alina is not liable for any damage of any kind resulting from improper or non-intended use of the products. Consumers should use the products only as indicated on the website and/or packaging.
2. The consumer is obligated to thoroughly inspect the delivered products for any defects and to report these to Alina in writing within 14 days of receipt. After this period, the right to repair, replacement, or refund expires.
3. Alina is not liable for damage caused by improper use, insufficient maintenance, or any modification of the delivered products by the consumer or third parties.
4. Alina is not liable for indirect damage, consequential damage, lost profits, lost savings or damage due to business stagnation.
5. The consumer indemnifies Alina against all claims from third parties relating to products or services supplied by Alina, unless the consumer can demonstrate that these claims are related to a serious error on the part of Alina.
6. Alina is not liable for any damages or disappointments resulting from the failure to achieve the results, claims, or experiences communicated by Alina (including those of customers). The information on this website is not intended as medical or professional advice. If in doubt, always consult a doctor or specialist.
7. The information on Alina's website and in other communications is not intended as a substitute for professional medical advice, diagnosis, or treatment. If you have any health concerns, always consult a physician or other qualified healthcare provider.
8. Alina is not liable for indirect damage, consequential damage, lost profits, lost savings, damage due to business stagnation, or any other damage that is not a direct result of an attributable shortcoming on the part of Alina.

Article 19 – Amendment of the Terms and Conditions

1. Alina reserves the right to change or supplement these terms and conditions.
2. Amendments also apply to agreements already concluded, provided that a period of 30 days has elapsed after notification of the amendment.
3. If the consumer does not wish to accept a change to these terms and conditions, they can cancel the agreement, provided this is within the agreed-upon period.

Article 20 – Force Majeure
Alina is not obligated to fulfill any obligation to the consumer if it is prevented from doing so as a result of a circumstance beyond its control, and for which it is not accountable under law, a legal act, or generally accepted standards. Force majeure, in these general terms and conditions, is understood to mean, in addition to its definition in law and case law, all external causes, whether foreseen or unforeseen, over which Alina has no control, but which prevent Alina from fulfilling its obligations. In the event of force majeure, Alina has the right to terminate the agreement in whole or in part, without any obligation to compensate the consumer for damages.