Alinastore Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

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

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

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

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

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

Model form: the model withdrawal form provided by Alina that consumers can fill in if they wish to exercise their right of withdrawal.

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

Distance contract: a contract whereby, within the framework of a system organized by Alina for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;

Remote communication technology: a means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same place at the same time.

Terms and Conditions: the present Terms and Conditions of Alina.

Article 2 – Identity of Alina

Address: Wilhelminastraat 2a, 3214CX Zuidland

Contact: info@alinastore.nl

Chamber of Commerce: 91014514

VAT ID: NL865527192B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by Alina and to every distance contract and order concluded between Alina 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 viewed at Alina and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.

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

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. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
   3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
   4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
   5. Images accompanying products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
   6. Some information, claims, or results on the website are based on individual customer experiences. Results may vary from person to person and are not guaranteed. Alina cannot be held liable for the absence of certain results.
   7. Each offer contains 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 including taxes;
      • any shipping costs;
      • the manner in which the agreement will be concluded and the actions required for this purpose;
      • whether or not the right of withdrawal applies;
      • the method of payment, delivery, and performance of the agreement.

 

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
3. If the agreement 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 electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may – within legal frameworks – ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The entrepreneur shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
6. the visiting address of the entrepreneur's place of business where the consumer can submit complaints;
7. 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;
8. information about warranties and existing after-sales service;
9. the information specified in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
10. the requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.
11. In the case of a continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery.
12. Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period commences on the day after the product is received by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. Products must be returned in their original packaging and in new condition, provided that the product is not defective.
4. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 14 days of receiving the product. The consumer must notify the trader using the model form or by email/letter. Once the consumer has notified the trader of their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
5. If, after the periods specified in paragraphs 2 and 3 have expired, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, he will only be liable for the costs of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return can be provided. The product must be in good condition.

Article 8 – Exclusion of 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 has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
• Exclusion of the right of withdrawal is only possible for products:

1. which have been created by the entrepreneur in accordance with the consumer's specifications;
2. that are clearly personal in nature;
3. which, by their nature, cannot be returned;
4. that can spoil or become obsolete quickly;
5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software whose seal has been broken by the consumer.
8. for hygiene products where the consumer has broken the seal.

Article 9 – The price

1. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
2. The prices stated in the range of products or services include VAT.
3. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two months of delivery.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
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 otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
• The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and performance

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. With due observance of the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without incurring any costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any times mentioned. Exceeding a delivery time does not entitle the consumer to compensation.
5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1.
2. The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
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 were communicated to the consumer in advance.

Article 13 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within two months of the consumer discovering the defects, and must be fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of complaints, consumers should first contact the entrepreneur.
6. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
7. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
8. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 14 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 15 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of 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, brands, logos, and other materials.
2. Consumers are not permitted to use or make changes to the intellectual property rights as described in paragraph 1 without the express written consent of Alina, unless this is strictly necessary for their own personal use of the products and/or services supplied.

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 is not liable for damage of any kind caused by incorrect use of the products or use other than as specified. The consumer must use the products exclusively as specified on the website and/or packaging.
2. The consumer is obliged to thoroughly inspect the delivered products for any defects and to report these to Alina in writing within 14 days of receipt. After this period, the right to repair, replacement, or refund expires.
3. Alina is not liable for damage caused by incorrect use, insufficient maintenance, or any form of modification of the delivered products by the consumer or third parties.
4. Alina is not liable for indirect damage, consequential damage, lost profits, lost savings, or damage due to business interruption.
5. The consumer indemnifies Alina against all claims from third parties relating to products or services supplied by Alina, unless the consumer can demonstrate that these claims are related to a serious error on the part of Alina.
6. Alina is not liable for damage or disappointment resulting from the fact that the results, claims, or experiences communicated by Alina (including those of customers) are not achieved. The information on the website is not intended as medical or professional advice. If in doubt, always consult a doctor or expert.
7. The information on the website and in other communications from Alina is not intended to replace professional medical advice, diagnosis, or treatment. Always consult a doctor or other qualified healthcare provider if you have health concerns.
8. Alina is not liable for indirect damage, consequential damage, lost profits, lost savings, damage due to business interruption, or any other damage that is not directly the result of an attributable shortcoming on the part of Alina.

Article 19 – Changes to the Terms and Conditions

1. Alina reserves the right to amend or supplement these general terms and conditions.
2. Changes also apply to agreements that have already been concluded, subject to a period of 30 days after the change has been announced.
3. If the consumer does not wish to accept a change to these terms and conditions, they may terminate the agreement, provided that this is done within the specified period.

Article 20 – Force majeure
Alina is not obliged to fulfill any obligation towards the consumer if it is prevented from doing so as a result of a circumstance that is not attributable to fault, and which is not for its account under the law, a legal act, or generally accepted practice. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and case law, all external causes, foreseen or unforeseen, over which Alina has no influence, but as a result of which Alina is unable to fulfill its obligations. In the event of force majeure, Alina has the right to terminate the agreement in whole or in part, without any obligation to compensate the consumer for damage.