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General Terms and Conditions Cleia Oboticario

Terms and Conditions Cleia Oboticario

Table of Contents:

  1. Definitions

  2. Identity of the Entrepreneur

  3. Applicability

  4. The Offer

  5. The Agreement

  6. Right of Withdrawal

  7. Obligations of the Consumer During the Withdrawal Period

  8. Exercise of the Right of Withdrawal by the Consumer and Associated Costs

  9. Obligations of the Entrepreneur in Case of Withdrawal

  10. Exclusion of the Right of Withdrawal

  11. The Price

  12. Performance and Additional Warranty

  13. Delivery and Execution

  14. Payment

  15. Complaints Procedure

  16. Disputes

  17. Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:
Additional Agreement: an agreement in which the consumer acquires products in connection with a distance contract, and these goods are delivered by the entrepreneur or a third party based on an agreement between that third party and the entrepreneur.
Withdrawal Period: the period within which the consumer can exercise their right of withdrawal.
Consumer: the natural person not acting for purposes related to their trade, business, craft, or profession.
Day: calendar day.
Digital Content: data produced and delivered in digital form.
Continuing Performance Contract: a contract for the regular delivery of goods over a period.
Durable Data Carrier: any tool — including email — that allows the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which enables unchanged reproduction.
Right of Withdrawal: the consumer’s ability to withdraw from the distance contract within the withdrawal period.
Entrepreneur: the natural or legal person offering products to consumers at a distance.
Distance Contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, whereby exclusive or partial use is made of one or more means of distance communication up to and including the conclusion of the agreement.
Means of Distance Communication: any tool that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same location.

Article 2 – Identity of the Entrepreneur

Name: Cleia Kats
Trading under the name: Cleia Oboticario
Business Address: Operastraat 55, 7534EH Enschede
Phone Number: +31 (0) 625513002
Email: info@cleia-oboticario.nl
Chamber of Commerce Number: 61144657
VAT Number:
Availability: Monday to Friday from 10:00 to 16:00

Article 3 – Applicability

These terms apply to every offer from the entrepreneur and any distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the consumer will be provided with the text of these terms and conditions. If this is not reasonably possible, the entrepreneur will indicate how the terms can be inspected and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, these terms may be provided in a way that allows the consumer to store them on a durable data carrier.
If specific product conditions apply alongside these terms, the consumer may always invoke the most favorable provision in the case of conflicting conditions.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this is clearly stated.
The offer includes a complete and accurate description of the offered products.
Images, if used, are truthful representations. Obvious errors do not bind the entrepreneur.
The offer includes information about rights and obligations tied to acceptance.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and complies with the stated conditions.
If acceptance occurs electronically, the entrepreneur confirms receipt electronically.
Until confirmation is received, the consumer may dissolve the agreement.
The entrepreneur ensures secure data transmission and website environment.
The entrepreneur may verify whether the consumer can meet payment obligations and other relevant facts.
If reasonable grounds exist, the entrepreneur may refuse an order or impose conditions.
Upon delivery, the entrepreneur will provide:

  • Address for complaints

  • Right of withdrawal conditions or its exclusion

  • Information on warranties and services

  • Total price including taxes and delivery

  • Payment, delivery, and execution details

  • Termination conditions for long-term agreements

Article 6 – Right of Withdrawal

For products:
The consumer may withdraw within 14 days without giving reasons.
The withdrawal period begins:

  • The day after the consumer or a third party receives the product

  • If multiple products are ordered: after the last product is received

  • For periodic deliveries: after the first product is received

Article 7 – Obligations of the Consumer During the Withdrawal Period

The consumer must handle the product and packaging with care, only inspecting it as would be allowed in a store.
Products that are opened or used will not be accepted for return.
The consumer is only liable for diminished value due to handling beyond what is allowed.
If the entrepreneur did not provide withdrawal information, the consumer is not liable for such diminished value.

Article 8 – Exercise of the Right of Withdrawal and Costs

Withdrawal must be communicated by email (info@cleia-oboticario.nl) within the withdrawal period.
The product must be returned within 14 days of notification.
Returns must include all accessories, be in original condition and packaging.
Return shipping costs are borne by the consumer unless stated otherwise.
All supplementary agreements are automatically dissolved upon withdrawal.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

If withdrawal is possible electronically, the entrepreneur confirms receipt promptly.
All payments including standard shipping costs are reimbursed after receipt of returned goods.
Reimbursement is via the same payment method unless agreed otherwise and is free of charge.
If the consumer chose a more expensive shipping method, the extra cost is not refunded.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for:

  • Products with prices affected by financial market fluctuations

  • Custom-made or personalized items

  • Sealed audio/video/software that has been unsealed

Clear notice must be given prior to the agreement.

Article 11 – The Price

Prices remain unchanged during the offer validity unless due to VAT changes.
For market-linked prices, variability must be stated.
Price increases within 3 months are only allowed if legally required.
After 3 months, increases must be agreed upon in the contract, and the consumer may terminate the contract.
All prices include VAT.

Article 12 – Performance and Additional Warranty

Products must meet the contract, specifications, and reasonable usability.
Additional warranties do not limit legal rights.
An additional warranty is any commitment that goes beyond legal obligations.

Article 13 – Delivery and Execution

The entrepreneur takes the utmost care in fulfilling orders.
Delivery occurs at the address provided by the consumer.
Orders are executed within 30 days unless otherwise agreed.
If delayed or partially fulfilled, the consumer may dissolve the agreement.
Upon dissolution, the full amount is refunded.
The entrepreneur bears the risk until delivery to the consumer.

Article 14 – Payment

Products must be paid in advance via bank transfer. Accepted methods:

  • iDEAL

  • Credit Card

  • PayPal

  • Klarna
    Consumers must report any inaccuracies in provided payment details immediately.

Article 15 – Complaints Procedure

A known complaints procedure is in place.
Complaints must be submitted promptly and clearly described.
Complaints are answered within 14 days; if more time is needed, a reply with an expected resolution time is sent.
The entrepreneur is given at least 4 weeks to resolve the complaint. After this, the dispute may be escalated.

Article 16 – Disputes

Dutch law exclusively applies to all agreements under these terms.

Article 17 – Additional or Deviating Provisions

Additional or differing provisions must not disadvantage the consumer and must be recorded in writing or in a storable format accessible to the consumer.