General Terms and Conditions of 4 A Beautiful Day, based in Geldrop
Version valid from February 1, 2011
Identity of the Entrepreneur
4 A Beautiful Day, Mariëtte Heesakkers-van Lieshout
Business address: Hoog Geldrop 43a, 5663BB Geldrop, the Netherlands (not a visiting address)
Phone number: +31 6 40525821
Email: info@4abeautifulday.nl
Chamber of Commerce number: 17212301
VAT identification number: NL1427.08.628B02
IBAN: NL7SINGBOOO4915406
BIC: INGBNL2A
1. General
1.1 These general terms and conditions apply to all offers from 4 A Beautiful Day. The terms are accessible to everyone and published on the website of 4 A Beautiful Day.
1.2 By placing an order, you indicate that you agree to the delivery and payment terms. 4 A Beautiful Day reserves the right to change its delivery and/or payment terms after the expiration of the term.
1.3 Unless agreed otherwise in writing, the general or specific conditions or stipulations of third parties are not recognized by 4 A Beautiful Day.
1.4 4 A Beautiful Day guarantees that the delivered product meets the agreement and complies with the specifications stated in the offer.
2. Delivery
2.1 Delivery takes place while supplies last.
2.2 In accordance with distance selling regulations, 4 A Beautiful Day will execute orders within at least 5 working days. If this is not possible (e.g. out of stock), or if there is a delay or partial fulfillment only, the consumer will be informed within 3 working days and has the right to cancel the order at no charge.
2.3 Delivery obligations are fulfilled when the items have been offered once to the customer. For home delivery, the transporter's report of refusal of acceptance constitutes full proof of offer to deliver.
2.4 All delivery times mentioned on the website are indicative and no rights can be derived from them.
2.5 Products are shipped via TNT-post at the buyer’s cost if the order value is below €65. Non-letterbox deliveries are sent via TNT parcel service at buyer’s cost. Orders can also be picked up in Geldrop free of charge.
2.6 4 A Beautiful Day is not responsible for lost orders. Damage resulting from this cannot be recovered from 4 A Beautiful Day. If you want assurance of delivery, choose registered mail (€7.95 for letterbox items, €8.05 per package), at the customer's expense.
3. Prices
3.1 Prices will not be increased during the validity period of an offer unless required by law or due to supplier price increases.
3.2 All prices on the website are subject to typographical and printing errors. No liability is accepted for such errors.
3.3 All prices are in EUROS, inclusive of 21% VAT and exclusive of shipping costs.
4. Right of Withdrawal
4.1 For consumer purchases under Dutch Distance Selling Act (Article 7:5 BW), the buyer may return (part of) the goods within 14 days without giving a reason. This period starts upon delivery. Written notice of return must be given within 14 days. Return shipping must be in original packaging, unused, and with original labels. Used or damaged goods void the right of withdrawal. Refunds (excluding shipping costs) will be processed within 30 days of receiving the return. Returns are at the buyer’s risk and expense.
4.2 The right of withdrawal only applies to delivered goods.
4.3 The right of withdrawal does not apply to:
• Custom-made products or clearly personalized goods.
5. Data Management
5.1 When you place an order, your data will be added to 4 A Beautiful Day’s customer database. We comply with the Dutch Personal Data Protection Act and do not share your data with third parties.
5.2 We respect your privacy and handle your data confidentially.
5.3 Occasionally, we may use a mailing list. Each mailing will contain instructions to unsubscribe.
6. Warranty
6.1 We guarantee that our products meet usability, reliability, and lifespan expectations as agreed in the purchase.
6.2 Warranty equals the manufacturer’s warranty. We are not liable for fitness for a specific purpose or for usage advice.
6.3 Upon delivery, the buyer must inspect goods. Defects must be reported immediately in writing before return. Returns must be in original packaging and unused. Use or resale after defect discovery voids rights.
6.4 If a complaint is justified, we will either replace the goods or arrange a written compensation agreement, limited to the invoice amount. Indirect or consequential damages are excluded. If a return is accepted, shipping is at our expense.
6.5 We are not liable for damages due to intentional or gross misuse.
6.6 Warranty does not apply if:
A) the buyer is in default;
B) repairs/modifications were made by the buyer or third parties;
C) goods were misused or not handled as instructed;
D) defects are due to governmental regulations regarding materials or standards.
7. Offers
7.1 Offers are non-binding unless stated otherwise.
7.2 Upon acceptance, we may revoke the offer within 3 working days.
7.3 Oral promises are binding only if confirmed in writing.
7.4 Offers do not apply automatically to repeat orders.
7.5 We are not bound by offers that contain obvious errors.
7.6 Changes and additions are valid only if confirmed in writing.
8. Agreement
8.1 An agreement is concluded after order approval by 4 A Beautiful Day.
8.2 We reserve the right to refuse orders or accept them only upon prepayment.
9. Images and Specifications
9.1 All images (photos, drawings, etc.) and product data (dimensions, colors, labels) are indicative and cannot lead to claims for compensation or contract cancellation. Materials and colors may slightly differ from those shown.
10. Force Majeure
10.1 We are not liable if obligations cannot be met due to force majeure.
10.2 Force majeure includes: supplier delays, internet/electricity/email outages, third-party tech failures, transport issues, strikes, government measures, supplier negligence, illness, and equipment failures.
10.3 In such cases, we may suspend or cancel the agreement or modify it. We are not liable for penalties or damages.
10.4 If obligations were partially fulfilled, that part will be invoiced separately.
11. Liability
11.1 We are not liable for damage to vehicles or objects caused by incorrect product usage.
12. Retention of Title
12.1 Goods remain the property of 4 A Beautiful Day until all related claims are settled.
12.2 Goods may only be resold in normal business use and not used as payment.
12.3 Goods may not be pledged or encumbered.
12.4 The customer grants 4 A Beautiful Day irrevocable permission to retrieve goods if needed.
12.5 The customer must notify us if third parties attempt to seize the goods.
13. Applicable Law / Competent Court
13.1 Dutch law applies to all agreements.
13.2 Disputes that cannot be resolved mutually will be submitted to the competent court in the Geldrop district, unless 4 A Beautiful Day prefers the court in the buyer’s district, except for cases falling under the jurisdiction of the subdistrict court.