General terms and conditions

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 is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance contract concerning a series of products and/or services, the delivery and/or collection of which is spread over time;

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

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

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

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the sale at a distance of products and/or services, whereby, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;

Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same room.

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

Article 2 – Identity of the entrepreneur

Company name: holyone
Chamber of Commerce number: 94468877
Trade name: Holyone
VAT number: NL005086184B75
Customer service email: info@holyones.nl
Business address: London

Article 3 – Applicability

These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order 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 inspected at the entrepreneur’s location and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically, in such a way that it can be stored by the consumer in a simple manner 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 accessed electronically and that they will be sent to the consumer free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs of this article apply accordingly. In case of conflicting general terms and conditions, the consumer can always rely on the provision that is most beneficial to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the contract and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced by a provision that most closely approximates the original intent through mutual agreement.

Situations not covered by these general terms and conditions should be assessed according to the spirit of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of these terms and conditions should be explained according to the spirit of these general terms and conditions.

Article 4 – The offer

If an offer has a limited validity period or is subject to conditions, this will be clearly 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 evaluation of the offer. If the entrepreneur uses images, these will be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be the basis for claims for compensation or dissolution of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.

Each offer includes such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price, excluding customs clearance costs and import VAT. These additional costs will be borne by the consumer. The postal and/or courier service will use the special arrangement for postal and courier services when goods are imported into the EU destination country, as is the case here. The postal and/or courier service collects the VAT (possibly along with any customs clearance costs) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period within which the offer can be accepted, or the period within which the entrepreneur guarantees the price;
the communication cost rate for distance communication, if the costs of using the means of communication are calculated on a basis other than the regular basic rate for the communication medium used;
whether the agreement will be archived after its conclusion and, if so, how the consumer can access it;
the way in which the consumer can check and, if desired, correct the data provided by them before concluding the agreement;
any other languages in which the agreement can be concluded, in addition to Dutch;
the codes of conduct the entrepreneur adheres to and how the consumer can consult these codes of conduct electronically;
the minimum duration of the distance contract in the case of a continuous transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set for this.

If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of this acceptance electronically without delay. Until the entrepreneur has confirmed the receipt of the acceptance, the consumer can cancel the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can, within legal frameworks, inform themselves about whether the consumer can meet their payment obligations, as well as about all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good reason to believe that the contract should not be concluded, they are entitled to refuse an order or application, or to attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information, in writing or in such a manner that it can be stored by the consumer on a durable data carrier:

the address of the entrepreneur’s establishment where the consumer can address complaints;
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;
information on warranties and after-purchase services;
the information mentioned in article 4(3), unless this information was already provided to the consumer before the execution of the contract;
the requirements for terminating the contract if the contract lasts longer than one year or is indefinite.

In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.

Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to cancel the contract without giving any reason within 14 days. This cooling-off period starts the day after the consumer or a representative designated by them receives the product.

During the cooling-off period, the consumer will handle the product and packaging with care. The product will only be unpacked or used to the extent necessary to assess whether the consumer wants to keep the product. If the consumer wishes to exercise their right of withdrawal, they 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 exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receipt of the product. Notification should be made through a written message/email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned to the original place of origin on time, such as a proof of shipment.

If the consumer has not notified the entrepreneur within the periods referred to in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is conditional on the product being received by the entrepreneur or proof of its return shipment being provided.

Article 8 – Exclusion of the 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 clearly stated this in the offer, at least in time before the contract is concluded.

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

made by the entrepreneur according to the consumer’s specifications;
clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
where the price is tied to fluctuations in the financial market beyond the entrepreneur’s control;
for loose newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygiene products where the consumer has broken the seal.

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

relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or within a specific period;
where the delivery has started with the express consent of the consumer before the cooling-off period has expired;
relating to betting and lotteries.

Article 9 – The price

The prices of the offered products and/or services will not be increased during the validity period mentioned in the offer, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices that fluctuate according to market fluctuations that the entrepreneur cannot control. This dependency on fluctuations and the fact that any listed prices are indicative, will be indicated in the offer.

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

Price increases more than 3 months after the conclusion of the contract are only allowed if the entrepreneur has agreed to this and:

they result from legal regulations or provisions; or
the consumer has the right to cancel the agreement on the day the price increase takes effect.

The place of delivery is determined under Article 5, first paragraph of the VAT Act 1968, in the country where the transport begins. In this case, the delivery takes place outside the EU. Accordingly, the postal or courier service will collect import VAT or customs clearance costs from the recipient. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. The entrepreneur accepts no liability 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 meet the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations in force on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for a purpose other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can make against the entrepreneur under the agreement.

Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The return of products must occur in the original packaging and in new condition.

The warranty period from the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the suitability of the products for any 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 has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have been handled carelessly, or not in accordance with the entrepreneur’s instructions and/or packaging;
The defect is wholly or partially the result of regulations set or to be set by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will exercise the greatest possible care in receiving and executing orders for products.

The delivery place is the address provided by the consumer to the entrepreneur.

Subject to the provisions in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders as quickly as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract without charge and is 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 the delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a substitute product. The consumer will be informed clearly and understandably at the time of delivery that a substitute product is being delivered. For replacement products, the right of withdrawal cannot be excluded. Any return costs will be borne by the entrepreneur.

The risk of damage and/or loss of products remains with the entrepreneur until delivery to the consumer or a previously designated and notified representative, unless otherwise agreed explicitly.

Article 12 – Continuous transactions: duration, termination, and extension

Termination

The consumer may terminate a contract concluded for an indefinite period and involving the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate a contract concluded for a fixed period and involving the regular delivery of products (including electricity) or services, at any time, at the end of the fixed term, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate the contracts mentioned in the previous sections:

At any time and is not limited to termination at a specific time or during a specific period;
At least in the same manner as they were entered into;
At any time with the same notice period as the entrepreneur has agreed for themselves.

Extension

A contract concluded for a fixed period and involving the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

Notwithstanding the previous section, a contract concluded for a fixed period and involving the regular delivery of newspapers, news, and weekly magazines, or magazines may be automatically extended for a fixed period of up to three months, provided the consumer can terminate the extended contract at the end of the extension with a maximum notice period of one month.

A contract concluded for a fixed period and involving the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of at most one month, and a notice period of at