Alinastore Terms and Conditions

Article 1 – Definitions

In these general terms and conditions, the following terms have the following meanings:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the course of a profession or commercial activity and who enters into a distance contract with Alina;

Day: calendar day;

Fixed-term contract: distance contract covering a series of products and/or services, where the obligation to supply and/or purchase is spread over time;

Durable medium: any instrument enabling the consumer or entrepreneur to store information addressed personally to them in a way accessible for future reference and reproduction in an unalterable form.

Right of withdrawal: the possibility for the consumer to cancel the distance contract during the withdrawal period;

Form type: the standard withdrawal form provided by Alina, which the consumer can fill out when they wish to exercise their right of withdrawal.

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

distance contract: an agreement concluded between Alina and the Consumer within the framework of a system organized by Alina for the distance sale of products and/or services, whereby, up to and including the conclusion of the agreement, one or more means of distance communication are used exclusively;

Distance communication technology: a means by which a contract can be concluded without the consumer and the entrepreneur being present in the same room at the same time.

Terms and conditions: these terms and conditions of Alina.

Article 2 – Identity of Alina

Address: Wilhelminastraat 2a, 3214CX Zuidland

Contact: info@alinastore.nl

Chamber of Commerce number: 91014514

VAT number: NL865527192B01

Article 3 – Applicability

These general terms and conditions apply to all offers made by Alina and to all contracts and remote orders concluded between Alina and the consumer.

Before the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this proves impossible, the consumer will be informed before the conclusion of the contract that the general terms and conditions are available for consultation at Alina and will be sent to them free of charge as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the conclusion of said contract, the text of these general terms and conditions may be made available to the consumer electronically, so that they can easily store it on a durable medium. If this proves impossible, before the conclusion of the distance contract, the consumer shall be informed of the place where they can consult the general terms and conditions electronically and of the fact that they will be sent to them free of charge electronically or by any other means upon request.

In the event that specific conditions relating to a product or service apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to them.

Article 4 – The offer

1. Article 4 – The offer

   1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
   2. This offer is non-binding. The contractor reserves the right to modify or adjust it.
   3. The offer contains a complete and accurate description of the products and/or services offered. This description is sufficiently detailed to enable the consumer to properly evaluate the offer. If the entrepreneur uses images, these must accurately represent the products and/or services offered. Obvious errors in the offer are not binding on the entrepreneur.
   4. All images, specifications, and data contained in the offer are indicative and cannot give rise to compensation or termination of the contract.
   5. Product images are an accurate representation of the products offered. However, the company cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
   6. Certain information, statements, or results presented on the website are based on individual customer experiences. Results may vary from person to person and are not guaranteed. Alina cannot be held responsible for the absence of certain results.
   7. Each offer contains sufficient information to clearly indicate to the consumer their rights and obligations related to its acceptance. This includes, in particular:
      • price includes taxes;
      • all shipping costs;
      • the manner in which the agreement will be concluded and the actions required to that end;
      • whether or not the right of withdrawal applies;
      • the terms of payment, delivery, and performance of the contract.

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of this acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay online, the entrepreneur will implement appropriate security measures.
4. The entrepreneur may, within the legal framework, verify the consumer's solvency as well as all facts and elements relevant to the responsible conclusion of the distance contract. If, following this verification, the entrepreneur has legitimate reasons not to conclude the contract, he is entitled to refuse an order or request, giving reasons for his decision, or to impose specific conditions on its execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
6. the address of the entrepreneur's place of business where the consumer can go to file a complaint;
7. the conditions and procedures for exercising the right of withdrawal by the consumer, or a clear statement of the exclusion of this right;
8. information relating to warranties and existing after-sales service;
9. the information included in Article 4, paragraph 3 of these general terms and conditions, unless the contractor has already provided this information to the consumer prior to the conclusion of the contract;
10. the conditions for terminating the contract if it has a term of more than one year or an indefinite term.
11. In the case of a long-term transaction, the provision of the preceding paragraph shall apply only to the first delivery.
12. Each agreement is concluded subject to the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

1. When purchasing products, consumers have a 14-day right of withdrawal, without cause. This period begins on the day after the product is received by the consumer, or by a representative designated by them and informed by the company.
2. During the withdrawal period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product with all accessories supplied and, if possible, in its original condition and packaging, to the trader, in accordance with the trader's clear and reasonable instructions.
3. Products must be returned in their original packaging and in new condition, provided they are not defective.
4. If the consumer wishes to exercise their right of withdrawal, they must inform the trader within 14 days of receiving the product. This notification must be made using the standard form or by email/letter. After expressing their intention to exercise their right of withdrawal, the consumer must return the product within 14 days. It is their responsibility to prove that the product has been returned within the specified time limit, for example by providing proof of shipment.
5. If the customer has not indicated that they wish to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the sale is final.

Article 7 – Costs in the event of revocation

1. If the consumer exercises their right of withdrawal, they will only be liable for the return shipping costs, at most.
2. If the consumer has already paid, the entrepreneur will refund them as soon as possible, and no later than 14 days after cancellation. This refund is subject to receipt of the product by the online seller or presentation of conclusive proof of its complete return. The product must also be in good condition.

Article 8 – Exclusion of the right of withdrawal

• The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly indicated this in the offer, at least sufficiently early before the conclusion of the contract.
• The exclusion of the right of withdrawal is only possible for products:

1. which were created by the contractor in accordance with the consumer's specifications;
2. which are clearly of a personal nature;
3. which, by their nature, cannot be returned;
4. which may deteriorate or become obsolete quickly;
5. the price of which is subject to fluctuations in the financial market over which the contractor has no influence;
6. for each newspaper and magazine;
7. for audio and video recordings and computer software whose seal has been broken by the consumer.
8. for hygiene products whose packaging has been opened by the consumer.

Article 9 – The price

1. Notwithstanding the preceding paragraph, the contractor may offer products or services at variable prices, which are subject to fluctuations in the financial market over which it has no control. This susceptibility to fluctuations and the indicative nature of the prices offered will be mentioned in the offer.
2. The prices indicated in the product or service offer include VAT.
3. All prices are subject to printing or typographical errors. We accept no liability for the consequences of such errors. In the event of a printing or typographical error, the contractor is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

1. The contractor guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, reasonable requirements of good quality and/or use, as well as the legal and/or regulatory provisions in force on the date of conclusion of the contract. Where applicable, the contractor also guarantees that the product is suitable for use other than normal.
2. A warranty provided by the contractor, manufacturer, or importer does not affect the consumer's legal rights and remedies against the contractor under the contract.
3. Any defect or incorrectly delivered product must be reported in writing to the contractor within two months of delivery.
4. The contractor's warranty period corresponds to that of the manufacturer's warranty. However, the contractor is never responsible for the final suitability of the products for each individual use by the consumer, nor for advice regarding their use or application.
5. 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 have been handled negligently or contrary to the contractor's instructions and/or those on the packaging;
• The defect results, in whole or in part, from regulations that the government has imposed or will impose concerning the nature or quality of the materials used.

Article 11 – Delivery and performance

1. The contractor shall exercise the utmost care when receiving and executing orders for products and when evaluating requests for services.
2. The delivery location is the address that the consumer provided to the company.
3. Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders as soon as possible, and at the latest within 30 days, unless the consumer has agreed to a longer delivery period. In the event of a delay in delivery, inability to fulfill an order, or partial fulfillment of an order, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract without incurring any costs. The consumer is not entitled to any compensation.
4. Delivery times are provided for informational purposes only. They do not constitute a right for the consumer. Exceeding a delivery time does not entitle the consumer to any compensation.
5. In the event of termination in accordance with paragraph 3 of this article, the contractor shall refund the amount paid by the consumer as soon as possible, and no later than 14 days after termination.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and explicitly indicated upon delivery. The right of withdrawal also applies to replacement items. Return shipping costs are borne by the entrepreneur.
7. The risk of damage and/or loss of the products shall be borne by the contractor until the moment of delivery to the consumer or to a representative previously designated and announced to the contractor, unless expressly agreed otherwise.

Article 12 – Payment

1. Unless otherwise agreed, the sums owed by the consumer must be paid within 7 working days of the start of the withdrawal period referred to in Article 6(1).
2. The consumer is obliged to immediately notify the entrepreneur of any inaccuracy in the payment information provided or communicated.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs that have been brought to their attention in advance.

Article 13 – Complaint procedure

1. The contractor has a sufficiently publicized complaint handling procedure and handles the complaint in accordance with this procedure.
2. Complaints relating to the performance of the contract must be submitted to the contractor, described in a complete and clear manner, within two months of the date on which the consumer discovered the defects.
3. Complaints addressed to the entrepreneur will be answered within 14 days of receipt. If the processing of a complaint requires more time, the entrepreneur will acknowledge receipt within 14 days and inform the consumer of the date on which a more detailed answer can be expected.
4. If the dispute cannot be resolved amicably, it arises and is subject to the dispute resolution procedure.
5. In the event of a complaint, the consumer must first contact the contractor.
6. It is also possible to file complaints via the European ODR platform ( http://ec.europa.eu/odr ).
7. A complaint does not suspend the contractor's obligations, unless otherwise specified by the contractor in writing.
8. If the contractor considers the complaint justified, he may, at his discretion, replace or repair the delivered products free of charge.

Article 14 – Disputes

1. Agreements concluded between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
2. The Vienna Convention on the International Sale of Goods does not apply.

Article 15 – Additional or derogating provisions

Additional provisions or provisions derogating from these general terms and conditions must not be detrimental to the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 16 – Intellectual property

1. Alina reserves all intellectual property rights and other rights relating to all information, products, and/or services provided, such as texts, images, trademarks, logos, and other elements.
2. The consumer is not authorized to use or modify the intellectual property rights as described in paragraph 1 without the express written permission of Alina, unless this is strictly necessary for their personal use of the products and/or services provided.

Article 17 – Privacy Policy

1. Alina respects consumer privacy and ensures that personal data is treated confidentially.
2. Personal data is processed in accordance with applicable privacy legislation.

Article 18 – Liability

1. Alina declines all responsibility for damage of any kind resulting from inappropriate or improper use of the products. Consumers must use the products only in accordance with the instructions on the website and/or packaging.
2. The consumer is required to carefully inspect the delivered products in order to detect any defects and to report them in writing to Alina within 14 days of receipt. After this period, any right to repair, replacement, or refund shall lapse.
3. Alina declines all responsibility for damage caused by improper use, insufficient maintenance, or any modification of the products delivered by the consumer or third parties.
4. Alina is not liable for indirect damages, consequential damages, loss of profits, loss of savings, or damages due to business stagnation.
5. The consumer shall indemnify Alina against all third-party claims relating to the products or services provided by Alina, unless the consumer can demonstrate that these claims are related to a serious error on the part of Alina.
6. Alina declines all responsibility for any damage or disappointment resulting from the absence of results, promises, or experiences communicated by Alina (including those of its clients). The information on this website does not constitute medical or professional advice. If in doubt, please consult a doctor or specialist.
7. The information provided on Alina's website and in her other communications is not intended to replace professional medical advice, diagnosis, or treatment. If you have a health problem, please consult a doctor or other qualified healthcare professional.
8. Alina is not liable for indirect damages, consequential damages, loss of profits, loss of savings, damages due to stagnation of commercial activities, or any other damages that do not result directly from a failure attributable to Alina.

Article 19 – Modification of the general terms and conditions

1. Alina reserves the right to modify or supplement these terms and conditions.
2. The amendments also apply to agreements already concluded, provided that a period of 30 days has elapsed since notification of the amendment.
3. If the consumer does not wish to accept a change to these general terms and conditions, they may terminate the contract, provided that this is done within the agreed period.

Article 20 – Force majeure
Alina is not required to fulfill its obligations to the consumer if it is prevented from doing so by a case of force majeure, independent of its will and for which it is not responsible under the law, a legal act, or generally accepted practices. Under the terms of these general terms and conditions, force majeure is understood to mean, in addition to its legal and jurisprudential definition, any external cause, foreseeable or unforeseeable, over which Alina has no control and which prevents it from fulfilling its obligations. In the event of force majeure, Alina is entitled to terminate the contract, in whole or in part, without being liable for any compensation to the consumer.