Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
Consumer: the natural person who does not act for purposes related to trade, business, craft, or profession and who enters into a distance contract with the entrepreneur.
Day: calendar day.
Continuous transaction: a distance contract relating to a series of products and/or services, for which the obligation of supply and/or purchase is spread over time.
Durable data carrier: any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows 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.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the moment of concluding the contract, exclusive use is made of one or more means of distance communication.
Means of distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur being in the same space simultaneously.
Terms and Conditions: these Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Company Name: In My Aura
Dutch Chamber of Commerce Number: 67512666
Trade Name: EcomNation
VAT Number: NL003107336B22
Customer Service Email: info@inmyaura.com
Company Address:
Herenweg 64
3602 AR Maarssen
The Netherlands
Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders between the entrepreneur and 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, it will be indicated before the distance contract is concluded that the general terms and conditions are available for viewing at the entrepreneur and will be sent free of charge at the consumer's request as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions can also be made available to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall remain in force for the rest, and the relevant provision will be replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.
Situations not covered in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should 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 made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot give rise to damages or dissolution of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors match the actual colors of the products exactly.
Each offer includes information so that the consumer is clear about their rights and obligations associated with the acceptance of the offer. This specifically concerns:
The price, excluding customs fees and import VAT. These additional costs are the responsibility and risk of the customer. The postal or courier service will use the special arrangement for postal and courier services concerning import. This arrangement applies if the goods are imported into the EU country of destination, which is the case here. The postal or courier service collects VAT (possibly together with customs clearance fees) from the recipient of the goods.
Any shipping costs.
The manner in which the contract will be concluded and which actions are required for this.
Whether or not the right of withdrawal is applicable.
The method of payment, delivery, and execution of the contract.
The deadline for accepting the offer or the period within which the entrepreneur guarantees the price.
The cost of communication at a distance if calculated differently than the regular basic rate for the communication medium used.
Whether the contract will be archived after its conclusion, and, if so, how it can be accessed by the consumer.
The way in which the consumer can check and, if desired, correct the information provided by them in the context of the agreement before concluding it.
The other languages, besides Dutch, in which the contract can be concluded.
The codes of conduct the entrepreneur is subject to and how the consumer can consult these codes electronically.
The minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colors, and types of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the consumer and compliance with the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
If the contract is concluded electronically, the entrepreneur will 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, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur, based on this investigation, has good grounds for not entering into the contract, they are entitled to refuse an order or request or to attach special conditions to the execution.
With the product or service, the entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it on a durable medium:
The visiting address of the entrepreneur’s business where the consumer can lodge complaints.
The conditions under which and how the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
Information about guarantees and existing service after purchase.
The data included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the contract.
The requirements for terminating the contract if it has a duration of more than one year or is indefinite.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is concluded under the suspensive condition of sufficient availability of the respective products.
Article 6 – Right of Withdrawal
Upon purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period starts on the day after receiving the product by the consumer or a pre-designated representative.
During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to determine if they wish to keep it. If they exercise their right of withdrawal, they will return the product, including all delivered accessories, and, if reasonably possible, in the original state and packaging, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. This notification should be in written form or via email. After indicating their intention to withdraw, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned timely to the place of origin, for example, by means of a shipping receipt.
If the consumer has not expressed the desire to withdraw within the cooling-off period or has not returned the product to the entrepreneur, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the return costs are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, on the condition that the product has been returned or conclusive proof of complete return has been provided.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may 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 concluding the contract.
Exclusion of the right of withdrawal is only possible for products:
Produced by the entrepreneur according to the consumer’s specifications.
That are clearly personal.
That cannot be returned due to their nature.
That can spoil or age quickly.
Whose price depends on fluctuations in the financial market beyond the entrepreneur's control.
Single issues of newspapers or magazines.
Audio and video recordings and computer software with a broken seal by the consumer.
Hygiene products with a broken seal by the consumer.
Exclusion of the right of withdrawal is only possible for services:
Concerning accommodation, transportation, catering, or leisure activities on a specific date or during a specific period.
Whose delivery started with the consumer’s explicit consent before the cooling-off period expired.
Concerning bets and lotteries.
Article 9 – The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices fluctuate in the financial market and are beyond the entrepreneur's control, at variable prices. These fluctuations and the fact that any listed prices are target prices will be mentioned in the offer.
Price increases within three months after concluding the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after concluding the agreement are only allowed if the entrepreneur has stipulated this and:
They are the result of statutory regulations or provisions.
The consumer has the right to terminate the agreement from the day the price increase takes effect.
The place of delivery, under Article 5, paragraph 1 of the Dutch VAT Act 1968, is the country where transport begins. In this case, delivery takes place outside the EU. Therefore, import VAT and clearance costs will be charged to the consumer by the postal or courier service.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period is identical 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.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
The delivered products are exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or those on the packaging.
The defect is wholly or partially due to government regulations regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The delivery address is the address provided by the consumer to the company.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than 30 days unless a longer delivery period is agreed with the consumer. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed within 30 days of placing the order. In that case, the consumer has the right to terminate the agreement without charge and may be entitled to compensation.
In case of termination under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. The consumer will be notified clearly and understandably upon delivery that a replacement article is being provided. For replacement articles, the right of withdrawal cannot be excluded. The cost of any return shipment is at the entrepreneur’s expense.
The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and announced representative, unless expressly agreed otherwise.
Article 12 – Long-Term Transactions: Duration, Termination, and Renewal
Termination
The consumer can terminate an agreement for an indefinite period and which relates to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate a contract for a fixed period that relates to the regular delivery of products (including electricity) or services at any time towards the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
At any time and without being limited to termination at a specific time or in a particular period.
At least in the same manner as they were concluded by them.
Always with the same notice period that the entrepreneur has stipulated for themselves.
Renewal
A contract for a fixed period that relates to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
By way of exception, a contract for a fixed period relating to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
A contract for a fixed period that relates to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the contract relates to regular, but less than once-a-month, delivery of daily, news, and weekly newspapers and magazines.
A limited-term contract for the regular introduction delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month unless the reasonableness and fairness preclude termination before the end of the agreed period.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has an obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.
Article 14 – Complaint Procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable 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 answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.