General Terms and Conditions
Table of Contents
- Article 1 – Definitions
- Article 2 – Identity of the Entrepreneur
- Article 3 – Applicability
- Article 4 – The Offer
- Article 5 – The Agreement
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Supplementary Agreement: An agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract.
- Reflection Period: The period within which the consumer can exercise their right of withdrawal.
- Consumer: A natural person who is not acting for purposes related to their trade, business, craft, or profession.
- Day: A calendar day.
- Digital Content: Data produced and supplied in digital form.
- Continuous Contract: A contract for the regular supply of goods, services, and/or digital content over a certain period.
- Durable Data Carrier: Any tool that enables the consumer or entrepreneur to store information in a way that allows future consultation.
- Right of Withdrawal: The consumer’s ability to withdraw from the distance contract within the reflection period.
- Entrepreneur: A natural or legal person who offers products, digital content, and/or services remotely.
- Distance Contract: A contract concluded between the entrepreneur and the consumer using remote communication.
- Model Withdrawal Form: The European model withdrawal form included in Annex I of these conditions.
- Means of Remote Communication: A means for concluding a contract without the consumer and entrepreneur being in the same space.
Article 2 – Identity of the Entrepreneur
Buena Onda Bracelets
Vechtstraat 53-2, 1078 RJ, Amsterdam
info@buenaondabracelets.com
Chamber of Commerce number: 80827640
VAT identification number: NL003493774B15
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.
- Before the contract is concluded, the text of these terms will be made available to the consumer.
- If the contract is concluded electronically, the terms may be provided in a format that allows the consumer to store them.
- If both general and specific terms apply, the most favorable conditions for the consumer will prevail in case of conflict.
Article 4 – The Offer
- If an offer has a limited validity period or conditions, this will be explicitly stated.
- The offer includes a complete and accurate description of the products, digital content, and/or services.
- Each offer contains sufficient information about rights and obligations associated with acceptance.
Article 5 – The Agreement
- The agreement is established when the consumer accepts the offer and meets the stated conditions.
- If the consumer accepts electronically, the entrepreneur will confirm receipt immediately.
- Appropriate security measures will be taken for electronic transactions.
- The entrepreneur may check the consumer’s ability to meet payment obligations before proceeding.
- Upon delivery, the entrepreneur will provide essential information including complaints procedures, pricing, and the right of withdrawal.
Article 6 – Right of Withdrawal
For Products:
The consumer may dissolve an agreement related to the purchase of a product within a minimum cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot require the consumer to provide one.
- The cooling-off period starts the day after the consumer or a designated third party (not the carrier) receives the product.
- If multiple products are ordered in one order, the cooling-off period starts when the last product is received.
- If the delivery consists of multiple shipments or parts, the cooling-off period starts when the last shipment or part is received.
- For regular deliveries over a specified period, the cooling-off period starts when the first product is received.
Extended Cooling-Off Period:
- If the entrepreneur fails to provide legally required withdrawal information, the cooling-off period extends to 12 months.
- If the required information is provided within this period, the cooling-off period ends 14 days after receipt of the information.
Article 7 – Obligations of the Consumer During the Cooling-Off Period
- The consumer must handle the product and packaging with care.
- They may only use the product to determine its nature, characteristics, and functionality.
- The consumer is liable for depreciation if handling exceeds what is permitted.
- No liability for depreciation applies if the entrepreneur failed to provide required withdrawal information.
Article 8 – Exercising the Right of Withdrawal by the Consumer and Associated Costs
- The consumer must notify the entrepreneur within the cooling-off period using the standard withdrawal form or an unambiguous statement.
- Within 14 days after notification, the consumer must return the product unless the entrepreneur offers collection.
- Products should be returned in original condition and packaging, if reasonably possible.
- The consumer bears return costs unless otherwise specified by the entrepreneur.
- For digital content, no costs apply if the consumer did not explicitly consent to execution before the cooling-off period ended.
All related agreements are automatically dissolved upon withdrawal.
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
- If withdrawal is notified electronically, the entrepreneur must confirm receipt immediately.
- The entrepreneur must refund all payments, including delivery costs, within 14 days of notification.
- The refund method must match the original payment unless otherwise agreed.
- If a more expensive delivery option was chosen, additional costs are non-refundable.
Article 10 – Exclusion of Right of Withdrawal
The entrepreneur may exclude withdrawal for:
- Products/services with price fluctuations beyond the entrepreneur’s control.
- Public auction purchases.
- Fully executed service agreements with prior consumer consent.
- Custom-made or perishable products.
- Sealed products unsuitable for return due to hygiene or health reasons.
- Mixed products that cannot be separated after delivery.
- Digital content not supplied on a tangible medium if execution started with consumer consent.
Article 11 – The Price
- Prices remain unchanged during the offer validity period, except for VAT adjustments.
- Variable pricing is allowed for market-dependent products.
- Price increases within three months are only allowed due to legal regulations.
- After three months, price increases must grant the consumer a right to cancel.
- All prices include VAT.
Article 12 – Performance of Agreement and Additional Guarantee
- Products/services must comply with the agreement, legal provisions, and usability expectations.
- Additional guarantees never limit the consumer’s legal rights.
- An additional guarantee is any commitment beyond legal obligations.
Article 13 – Delivery and Execution
- The entrepreneur must take care in receiving and executing orders.
- Delivery takes place at the consumer’s specified address.
- Orders must be executed within 30 days unless a different period is agreed.
- Consumers may cancel if delays occur, and refunds must be issued immediately.
- The entrepreneur bears the risk of damage/loss until the product is delivered.
Article 14 – Duration Transactions: Duration, Termination, and Renewal
Termination
- The consumer may terminate an indefinite-term agreement for the regular delivery of products (including electricity) or services at any time, with a maximum notice period of one month.
- The consumer may terminate a fixed-term agreement for the regular delivery of products (including electricity) or services at the end of the specified term, with a maximum notice period of one month.
- The consumer may terminate the agreements mentioned above:
- At any time and not be limited to termination at a specific time or in a specific period.
- At least in the same manner as they were entered into.
- With the same notice period as the entrepreneur has stipulated for itself.
Renewal
- A fixed-term agreement for the regular delivery of products or services may not be tacitly extended or renewed for a fixed term.
- A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a fixed term of up to three months, provided the consumer can terminate this renewed agreement at the end of the renewal with a maximum notice period of one month.
- A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a maximum notice period of one month (three months for less frequent deliveries).
- A limited-duration agreement for introductory delivery of newspapers and magazines (trial or introductory subscription) does not renew automatically and ends automatically after the trial period.
Article 15 – Payment
- Unless otherwise specified, the consumer must pay within 14 days of the start of the withdrawal period, or within 14 days after concluding the agreement if there is no withdrawal period.
- The entrepreneur may not require more than a 50% advance payment. If advance payment is agreed upon, the consumer may not claim the execution of the order or service until the advance payment has been made.
- The consumer must immediately report inaccuracies in provided payment details.
- If the consumer does not fulfill payment obligations on time, the entrepreneur may charge legal interest and collection fees after notifying the consumer and allowing a 14-day period for payment.
Article 16 – Complaints Procedure
- The entrepreneur has a well-publicized complaints procedure and handles complaints accordingly.
- Complaints must be submitted in detail and in a timely manner.
- The entrepreneur responds to complaints within 14 days. If a complaint requires more time, the entrepreneur will provide an estimated response time.
- The consumer must give the entrepreneur at least 4 weeks to resolve the complaint before escalating it.
Article 17 – Disputes
Agreements between the entrepreneur and consumer under these terms are exclusively governed by Dutch law.
Article 18 – Additional or Deviating Provisions
Additional provisions must not disadvantage the consumer and must be documented in a durable, accessible manner.
Annex I: Model Withdrawal Form
Model Withdrawal Form
(Only complete and return this form if you wish to withdraw from the contract.)
- To: [Name of entrepreneur]
[Geographical address of entrepreneur]
[Email address of entrepreneur] - I/We* hereby inform you that I/we* withdraw from our contract concerning:
- The sale of the following products: [description of product]*
- The delivery of the following digital content: [description of digital content]*
- The performance of the following service: [description of service]*
- Ordered on*/received on* 2025
- [Name of consumer(s)]
- [Address of consumer(s)]
- [Signature of consumer(s)] (only if this form is submitted on paper)
- [Date]
*Strike out what does not apply or complete where necessary.