Terms & Conditions
These are the General Terms and Conditions of TheSooShop.com. These General Terms and Conditions always apply when you use our website or place an order through our website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them later.
Article 1 - Definitions
Article 2 - The Entrepreneur's identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer's obligations during the reflection period
Article 8 - Exclusion of the right of withdrawal
Article 9 - The pricing
Article 10 - Performance of an agreeent and extra guaranty
Article 11 - Delivery and execution
Article 12 - Continuing performance contract: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Force majeure
Article 17 - Intellectual property rights
Article 18 - Confidentiality
Article 19 - Security and internet
Article 20 - Amendment to the General Terms and Conditions
ARTICLE 1 - DEFINITIONS
In these Terms and Conditions, the following terms shall have the following meanings:
- Additional agreement: an agreement in which the Consumer acquires
- products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
- Reflection period: the period during which the Consumer may use his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
- Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
- Entrepreneur: the natural of legal person who provides products, (access to) digital content and or services to Consumers at a distance;
- Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
- Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
- Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
ARTICLE 2 - THE ENTREPRENEUR'S IDENTITY
www.TheSooShop.com is a site operated by SooTea V.O.F; Chamber of Commerce number 77946715; VAT-identification number: NL861209394B01 with registered address at Sint Luciensteeg 19, 1012PM Amsterdam. Our email address is: TheSooShop@hotmail.com
ARTICLE 3 - APPLICABILITY
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
- Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
- If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer ́s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
- In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
ARTICLE 4 - THE OFFER
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
- All images, specifications in the offer are an indication and can’t be occasion to compensation or dissolution of the agreement.
- Images by products are a veracious reproduction of the offered products. The entrepreneur can’t guarantee that the displayed colors are the exact same as the real colors from the products.
ARTICLE 5 - THE CONTRACT
- Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
- If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
- The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
- the visiting address of the Entrepreneur ́s business establishment where the Consumer may get into contact with any complaints;
- the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
- the information corresponding to existing after-sales services and guarantees;
- The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
- the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
- the standard form for withdrawal if the Consumer has the right of withdrawal.
- In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
Deliverance of products:
- After purchasing products the sale is final. Unless the consumer sees substantial faultiness the consumer has 7 days to contact the entrepreneur to return the item.
- During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
- When the consumer wants to use his right of repeal, he is required to make this clear to the entrepreneur within 14 days after receiving the product. Making it clear has to be done by filling in the model form. After the consumer made clear that he wants to use his right of repeal, the customer needs to return the product within 14 days. The consumer needs to prove that the delivered products are sent back on time, for example by a proof of shipment.
- If the customer hasn’t made clear after the deadlines mentioned in section 2 and 3 of this article that he want to use his right of repeal and hasn’t sent the product back. The purchase is a fact.
- If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
- If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible within 14 days after the return shipment is received.
ARTICLE 7 - CONSUMER'S OBLIGATIONS DURING THE TIME OF REFLECTION
- During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
- The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
- The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:
- Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal;
- Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Entrepreneur offers products, digital content and/or services to the Consumer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services.
Services agreements, after full performance of the service, but only if
- the performance started with the Consumer’s explicit prior consent; and
- the Consumer stated that he will lose his right of withdrawal as soon as the Entrepreneur has fully performed the agreement.
- Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transports, car rental services and catering;
- Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
- Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
- Perishable products or products with a limited durability.
- Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
- Products which for their nature are irreversibly mixed with other products;
- Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days, and whose real value depends on fluctuations in the market which the Entrepreneur cannot affect.
- Sealed audio and video recordings and computer programs of which the seals were broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions to them;
The delivery of digital content other than on a physical carrier, but only if:
- the performance was started with the Consumer’s explicit prior consent;
- the Consumer stated that he will lose his right of withdrawal by doing so.
ARTICLE 9 - THE PRICING
- The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
- Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
- Prices are subject to change without notice but changes will not affect orders which We have already accepted.
- Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
ARTICLE 10 - PERFORMANCE OF AN AGREEMENT AND EXTRA GUARANTEE
- The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
- Colors deviation might differ due to different monitor settings. Measurement deviation may occur. We cannot be held responsible for color and measurement deviation of our products on our website.
- A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the entrepreneur.
- Any defects or faulty goods must be notified in writing within 7 days after delivery to the operator. Return of the product must be in its original packaging and in new condition.
- The guarantee of the entrepreneur corresponds to the manufacturer’s warranty period. The operator, however, is never to be responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice as to the use or application of the products.
The guarantee does not apply if:
- Consumer products supplied has repaired itself and / or processed by third parties to repair and or processing;
- The products supplied are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the employer and / or on the packaging;
- Massive deterioration, ignoration of wash advice, water, fall or deterioration due to hitting it and/or discolouration of jewelry.
ARTICLE 11 - DELIVERY AND EXECUTION
- The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to the Entrepreneur.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
- After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
- The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
- If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.
- The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within three days. You can send this email to TheSooShop@hotmail.com.
- If you order Products from our site for delivery outside the EU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
ARTICLE 12 - CONTINUING PERFORMANCE AGREEMENTS: DURATION, TERMINATION AND RENEWAL
- The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
- The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
The Consumer can cancel the agreements mentioned in the preceding paragraphs:
- at any time and not be limited to termination at a particular time or in a given period;
- at least in the same way as they were concluded by him;
- at all times with the same notice as the Entrepreneur stipulated for himself. Extension
- An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
- Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for specific period of three months at the most if the Consumer can terminate this extended agreement towards the end of the extension with a notice of one month at the most.
- An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.
- An agreement with limited duration of regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.
- If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.
ARTICLE 13 - PAYMENT
- Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after entering the cooling off period referred to article 6, paragraph 1. In case of an agreement to provide a service the cooling off period starts after the consumer has received the confirmation of the agreement.
- The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
- In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
- In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Consumer.
ARTICLE 14 - COMPLAINTS PROCEDURE
- The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
- Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects
- The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
- If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.
ARTICLE 15 - DISPUTES
- Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
- All disputes regarding agreements between the customer and TheSooShop.com are submitted to the competent court in the district where TheSooShop.com is located. The customer, being a consumer, has 1 month after TheSooShop.com l has invoked this clause in writing vis-à-vis the customer, to opt for settlement of the dispute before the competent court according to the law.
ARTICLE 16 - FORCE MAJEURE
- In case of force majeure, TheSooShop.com is not obliged to compensate the damage caused to the customer, unless TheSooShop.com has had an advantage as a result of the force majeure situation that it would not have had if performed correctly.
- Force majeure on the part of TheSooShop.com is, for example, if TheSooShop.com is prevented from fulfilling its obligations under the agreement or in the preparation thereof, as a result of: war, danger of war, riot, revolution, acts of war, fire, water damage, flooding, government measures, import and export barriers, defects in materials, unavailability of materials, work strike, blockages, occupancy, irreplaceable employees, transport difficulties due to weather conditions and traffic disruption, everything in the company of TheSooShop.com as well as in the company of third parties that are involved in the agreement.
- Force majeure also includes a shortcoming of suppliers of TheSooShop.com as a result of which TheSooShop.com is unable to fulfill its obligations or fails to do so in time or in full.
ARTICLE 17 - INTELLECTUAL PROPERTY RIGHTS
- The customer serves all intellectual property rights and which rest on the products delivered by TheSooShop.com to be fully and unconditionally respected.
- Without prior written or electronic permission from TheSooShop.com, the customer may not copy, forward, distribute, reproduce or publish any information, texts, logos, brands, trade names and images obtained via the website.
- com respects the privacy of all users of its site and ensures that your personal information you provide is treated confidentially. We use your information to process orders as quickly and smoothly as possible. Furthermore, we will use this information only with your permission. Hello My Love will not sell your personal information to third parties and will dispose it exclusively to third parties if they are involved in processing your order.
- Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information. The party receiving confidential information will only use it for the purpose for which it was provided.
- com processes personal data in accordance with the relevant laws and regulations (Personal Data Protection Act).
ARTICLE 19 - SECURITY AND INTERNET
- com will take appropriate security measures to protect the website against the risks of unauthorized access to or alteration, destruction or loss of the data entered by the customer via the website, but TheSooShop.com cannot give any guarantee in this respect.
ARTICLE 20 - AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
- These General Terms and Conditions will not be changed other than in consultation with the Consumentenbond (Consumers’ Association).
- Amendments to these Terms and Conditions are valid only after being published in the appropriate way, provided that in case of appropriate amendments, the provision that is most favourable for the Consumer shall prevail during the validity of an offer.
Last updated on 5 December 2021