ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions apply:

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 enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;

Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed to him personally in a way that makes future consultation and unchanged reproduction of the stored information possible.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

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

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

Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.



ARTICLE 2 – IDENTITY OF THE ENTREPENEUR

Abraham staalmanplein 8, 1066 AG Amsterdam

Email address: info@deira-abaya.com

Company registration number: 69078297

VAT identification number: NL002377915B45



ARTICLE 3 – APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically 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 where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In addition to these general terms and conditions, if specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis, and the consumer may always invoke the most favorable applicable provision in the event of conflicting general terms and 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 terms and conditions will otherwise remain in force, and the relevant provision will be replaced by a provision that, by mutual agreement, most closely approximates the original intent.
Situations not covered in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our 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 under conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:
The price including taxes;
Any shipping costs;
The manner in which the agreement 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 agreement;
The period for accepting the offer or the period within which the entrepreneur guarantees the price;
The level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the used communication method;
Whether the agreement is archived after its conclusion, and if so, in what way it can be consulted by the consumer;
The way in which the consumer, before concluding the agreement, can check the data provided by him under the agreement and, if desired, correct it;
Any other languages in which, besides Dutch, the agreement can be concluded;
The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
The minimum duration of the distance contract in the event of a long-term transaction.
Optional: available sizes, colors, types of materials.



ARTICLE 5 – THE AGREEMENT
The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can – within legal frameworks – inform himself as to whether the consumer can meet his payment obligations, as well as all those facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds, based on this investigation, not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will provide the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, with the product or service:
a. The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
b. 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;
c. Information on guarantees and existing after-sales service;
d. The data referred to in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.



ARTICLE 6 – RIGHT OF WITHDRAWAL
Upon the purchase of products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and communicated to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must make this known via a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example through a proof of shipment.
If the customer has not made it clear within the periods referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal or if he has not returned the product to the entrepreneur, the purchase is a fact.



ARTICLE 7 – COSTS IN THE EVENT OF WITHDRAWAL
If the consumer exercises his right of withdrawal, the costs of returning the products 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. This condition applies provided that the product has already been received back by the retailer or conclusive proof of complete return can be provided.



ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The entrepreneur can exclude the right of withdrawal of the consumer 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 time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. That are created by the entrepreneur according to specifications of the consumer;
b. That are clearly personal in nature;
c. That, due to their nature, cannot be returned;
d. That spoil or age quickly;
e. The price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. For loose newspapers and magazines;
g. For audio and video recordings and computer software for which the consumer has broken the seal.
h. For hygienic products for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. Concerning lodging, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
b. The delivery of which has begun with the express consent of the consumer before the reflection period has expired;
c. Concerning bets and lotteries.



ARTICLE 9 – THE PRICE
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. They are the result of legal regulations or provisions; or
b. The consumer has the right to terminate the agreement from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
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 incorrect price.



ARTICLE 10 – CONFORMITY AND WARRANTY
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing 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.
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 warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. 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 have been exposed to abnormal conditions or otherwise carelessly handled or contrary to the instructions of the entrepreneur and/or on the packaging;
The defect is wholly or partially the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.



ARTICLE 11 – DELIVERY AND IMPLEMENTATION
The entrepreneur will exercise the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 1-3 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will receive notification of this no later than 1-3 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement article available. The fact that a replacement article is being delivered will be reported clearly and comprehensibly at the latest upon delivery. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur unless expressly agreed otherwise.



ARTICLE 12 – LONG-TERM TRANSACTIONS: DURATION, TERMINATION, AND RENEWAL
Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and that extends 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 may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified duration, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
At any time and not be limited to termination at a specific time or in a specific period;
At least in the same way as they were entered into by him;
Always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specified period of a maximum 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.
An agreement that has been entered into for a definite period and that extends 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 the case the agreement extends to the regular but less than once-a-month delivery of daily, news, and weekly newspapers and magazines.
A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of 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 the agreed duration opposes this.



ARTICLE 13 – PAYMENT
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this term starts after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in payment data 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 made known to the consumer in advance.



ARTICLE 14 – COMPLAINTS PROCEDURE
Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 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 message of receipt and an indication 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 his discretion, either replace or repair the delivered products free of charge.



ARTICLE 15 – DISPUTES
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.