Terms of service

Article 1 – Definitions

The following definitions apply in these terms:

Reflection period: the period during which the consumer can exercise their right of withdrawal;

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

Day: calendar day;

Continuous transaction: a distance contract concerning a series of products and/or services to be delivered or purchased over time;

Durable data medium: any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows later consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer's right to withdraw from the distance contract within the reflection period;

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

Distance contract: a contract concluded exclusively by one or more means of distance communication up to and including the conclusion of the contract within the framework of the entrepreneur's system for distance selling of products and/or services;

Distance communication technology: a means by which a contract can be concluded without the consumer and entrepreneur meeting simultaneously in the same room.

General terms and conditions: these general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name:
EmiyoFinland

Address:
Fokkerstraat 87-B
Nieuwdam
2074 KL

Info@emiyosuomi.com
+358942451986

Article 3 – Scope 

These general terms and conditions apply to all offers made by the entrepreneur and all contracts concluded between the entrepreneur and the consumer concerning distance sales and orders.

Before concluding the distance contract, the text of these general terms and conditions shall be available to the consumer. If this is not reasonably possible, it shall be stated before concluding the distance contract that the general terms and conditions are available at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If a distance contract is concluded electronically, notwithstanding the previous paragraph and before concluding the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can store it easily on a durable data medium. If this is not reasonably possible, before concluding the distance contract, the consumer shall be informed where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request.

If, in addition to these general terms and conditions, certain product or service terms apply, the second and third paragraphs shall apply as appropriate, and the consumer may always invoke the provision most favorable to them in case of conflicting general terms and conditions and terms.

If one or more of the provisions of these general terms and conditions is at any time wholly or partially invalid or destroyed, the contract and these terms shall remain in force and the relevant provision shall be replaced without delay by a provision agreed upon that is as close as possible to the original.

Situations not regulated in these general terms must be assessed in the "spirit" of these general terms.

Uncertainties about the interpretation or content of one or more of our terms must be explained in the "spirit" of these terms.

Article 4 – Offer

If the validity period of the offer is limited or conditions are set, this is explicitly stated in the offer.

The offer is non-binding. The entrepreneur has the right to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough for the consumer to properly assess the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.

All images and technical data in the offer are indicative and cannot lead to compensation or contract cancellation.

The images accompanying the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products. 

Each offer contains such information that it is clear to the consumer what rights and obligations are related to accepting the offer. This particularly concerns:

the price, excluding customs duties and import VAT. These additional costs are at the customer's expense and risk. Postal and/or courier services use special arrangements for imports. This arrangement applies if the goods are imported into an EU destination country, which also applies in this case. Postal and/or courier services charge VAT (regardless of whether it is invoiced together with customs duties or not) from the recipient of the goods; 

possible delivery costs;

the manner in which the contract is concluded and what actions this requires;

whether the right of withdrawal applies or not;

payment method, delivery, and performance of the contract;

the acceptance period or deadline for the offer, during which the entrepreneur guarantees the price;

the amount of the distance communication charge, if the costs arising from the use of distance communication technology are calculated on a basis other than the usual basic price of the communication means used;

whether the contract is archived after it is made, and if so, how the consumer can access it;

the way in which the consumer can check and, if desired, return the information provided at the time of the contract before concluding the contract;

all other languages in addition to Dutch in which the contract can be concluded;

the code of conduct applicable to the entrepreneur and the way in which the consumer can electronically access these codes of conduct; and

Minimum duration of the distance contract if it is a long-term business.

Optional: available sizes, colors, material types.

Article 5 – Contract

Unless otherwise provided in the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and the related conditions are met.

If the consumer has accepted the offer electronically, the entrepreneur immediately confirms electronically that the offer has been received. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may cancel the contract.

If the contract is made electronically, the entrepreneur takes the necessary technical and organizational measures to ensure electronic data transmission and a secure online environment. If the consumer can pay electronically, the entrepreneur follows appropriate security measures.

The entrepreneur may find out – within the limits of the law – whether the consumer can fulfill their payment obligations and all matters and factors important for responsible conclusion of the distance contract. If the entrepreneur has valid reasons based on this investigation to refuse the contract, they have the right to justifiably decline the assignment or request or attach special conditions to the execution.

The entrepreneur sends the following information to the consumer in writing or in a way that the consumer can easily store on a durable medium along with the product or service:

1. The entrepreneur’s business premises address where the consumer can make a complaint;
2. Terms and the method by which the consumer can exercise their right of withdrawal, or a clear notice of exclusion of the right of withdrawal;
3. Information about warranties and available maintenance services;
4. The information referred to in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before concluding the contract;
5. Conditions for terminating the contract if the contract duration is over one year or indefinite.

In long-term business, the provision of the previous paragraph applies only to the first delivery.

Each contract is concluded on the condition that there is sufficient availability of the products in question. 

Article 6 –

When purchasing products, the consumer has the right to cancel the contract without reason within 14 days. This reflection period starts from the day the consumer or a representative designated in advance by the consumer and notified to the entrepreneur receives the product.

During the reflection period, the consumer handles the product and packaging carefully. They unpack or use the product only to the extent necessary to assess whether they want to keep the product. If they exercise their right of withdrawal, they return the product with its delivery and – if reasonably possible – in its original condition and packaging to the entrepreneur according to 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 of receiving the product. The consumer must notify this in writing/email. Once the consumer has notified their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, with a shipping receipt. 

If the customer has not notified their intention to exercise the right of withdrawal after the deadlines specified in points 2 and 3 have expired and has not returned the product to the entrepreneur, the purchase is final. 

Article 7 – Withdrawal 

incurred costs If the consumer exercises their right of withdrawal, the costs of returning the product are the consumer's responsibility.

If the consumer has paid the amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This requires that the online retailer has already received the product back or that a complete return can be made.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products described in points 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least well in advance before the contract is made.

Exclusion of the right of withdrawal is only possible for products: 

1. that are created by the entrepreneur according to the consumer's instructions;
2. that are clearly personal in nature;
3. that cannot be returned due to their nature;
4. that can spoil or expire quickly;
5. whose price is subject to fluctuations in financial markets beyond the entrepreneur's control;
6. loose newspapers and magazines;
7. audio and video recordings and computer software whose seal the consumer has broken.
8. hygiene products whose seal the consumer has broken.

Exclusion of the right of withdrawal is only possible for services

1. related to accommodation, transport, restaurant, or leisure activities performed on a specific day or during a specific period;
2. whose delivery has begun with the explicit consent of the consumer before the end of the reflection period;
3. on betting and lotteries.

Article 9 – Price

Prices of products and/or services offered during the validity period mentioned in the offer will not be increased, except for price changes resulting from changes in value-added tax rates.

Unlike the previous paragraph, the entrepreneur may offer variable prices for products or services whose prices are subject to fluctuations in financial markets and over which the entrepreneur has no control. This dependence on fluctuations and the fact that prices are target prices are stated in the offer. 

Price increases within 3 months of the conclusion of the contract are allowed only if they result from statutory provisions or regulations.

Price increases after 3 months from the conclusion of the contract are allowed only if the entrepreneur has stipulated so and: 

1. They are the result of legal provisions or regulations; whether
2. The consumer has the right to terminate the contract from the date the price increase takes effect.

According to Article 5, first paragraph, of the 1968 turnover tax law, the place of delivery is the country from which the transport begins. In this case, delivery takes place outside the EU. After this, the postal or courier service charges the customer import VAT or customs clearance fees. Therefore, the entrepreneur does not charge VAT. 

All prices may contain typographical and printing errors. No liability is accepted for the consequences of typographical and printing errors. In the event of typographical and layout errors, the entrepreneur is not obliged to deliver the product at the incorrect price. 

Article 10 – Compliance and warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable reliability and/or usability requirements, and the applicable laws and/or regulations of authorities. If agreed, the entrepreneur also guarantees the suitability of the product for uses other than normal use.

The warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may invoke against the entrepreneur based on the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in like-new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the fundamental suitability of the products for each individual use by the consumer, nor for advice regarding the use or application of the products.

The warranty is not valid if:

The consumer has repaired and/or handled the delivered products themselves or has had them repaired and/or handled by a third party;

Delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or handled in the packaging;

The defect is wholly or partly due to regulations issued or intended to be issued by the government regarding the nature or quality of the materials used. 

Article 11 – Delivery and fulfillment

The entrepreneur exercises the utmost care when receiving and fulfilling product orders.

The place of delivery is the address the consumer has provided to the company.

The company will process received orders without delay, but no later than within 30 days, in accordance with what is stated in section 4 of these general terms and conditions, unless the consumer has agreed to a longer delivery time. If delivery is delayed or the order cannot be fulfilled or is only partial, the consumer will be informed no later than 30 days after placing the order. The consumer then has the right to cancel the contract without costs and the right to compensation.

In the cancellation referred to in the previous point, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation.

If delivery of the ordered product proves impossible, the entrepreneur will do everything possible to make a replacement product available. At the latest upon delivery, it will be clearly and understandably communicated that a replacement product will be delivered. The right to cancel replacement products cannot be excluded. Any return shipping costs are the responsibility of the entrepreneur.

The risk of damage to and/or loss of the products lies with the entrepreneur until the product has been delivered to the consumer or to a representative named in advance and notified to the entrepreneur, unless otherwise agreed separately.

Article 12 – Recurring transactions: duration, termination, and continuation

Termination

The consumer may terminate an open-ended contract extending to the regular delivery of goods (including electricity) or services by following the agreed contract termination rules and with a notice period of no more than one month.

The consumer may terminate a fixed-term contract extending to the regular delivery of goods (including electricity) or services at any time at the end of the fixed term, following the agreed cancellation rules and with a notice period of no more than one month.

The consumer may terminate the contracts referred to in the previous points:

at any time and is not limited to termination at a specific time or during a specified period;

at least cancel in the same way as they have done;

terminate always with the same notice period that the entrepreneur has set for themselves.

Continuation

A fixed-term contract extending to the regular delivery of goods (including electricity) or services cannot be silently extended or renewed for a fixed term.

Contrary to the previous paragraph, a fixed-term contract covering the regular distribution of daily news and weekly newspapers and periodicals can be tacitly extended for a maximum of three months if the consumer objects. This extension contract can be terminated with a maximum notice period of one month before the extension ends.

A fixed-term contract covering the regular delivery of goods or services can only be tacitly extended indefinitely if the consumer can terminate the contract at any time with a maximum notice period of one month, and the notice period is at most three months if the contract covers regular but less than monthly distribution of daily, news, weekly, and periodicals.

A fixed-term contract for the regular distribution of daily, news, weekly, and periodicals (trial or introductory subscription) does not continue silently and ends automatically after the trial or introductory period.

Duration

If the contract duration is more than one year, the consumer may terminate the contract at any time after one year with a maximum notice period of one month, unless reasonableness and fairness oppose termination before the agreed duration ends.

Article 13 – Payment

Unless otherwise agreed, the consumer's debts must be paid within 7 working days from the start of the reflection period referred to in Article 6, paragraph 1. If the provision of the service has been agreed upon, this period starts when the consumer has received confirmation of the contract.

The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the payment details provided or reported.

If the consumer fails to pay, the entrepreneur has the right, within legal limits, to charge reasonable costs that have been notified to the consumer in advance.

Article 14 – Complaint Procedure

Complaints regarding the execution of the contract must be submitted fully and clearly described to the entrepreneur within 7 days of the consumer discovering the defects.

Complaints made to the entrepreneur will be answered within 14 days of receipt. If the complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and a notification of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution procedures.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing.

If the entrepreneur finds the complaint justified, the entrepreneur will replace or repair the delivered products at their discretion 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 apply. Even if the consumer resides abroad.