Terms & Conditions
In these terms and conditions, the following definitions apply:
1. Additional agreement: an agreement under which the consumer acquires products in connection with a distance contract, where these goods are delivered by CARRIE or by a third party on the basis of an arrangement between that third party and CARRIE;
2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;
4. Day: calendar day;
5. Durable medium: any tool, including email, that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information;
6. Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
7. Distance contract: an agreement concluded between CARRIE and the consumer within the framework of an organised system for distance selling of products, where, up to and including the conclusion of the agreement, exclusive or additional use is made of one or more means of distance communication;
8. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms;
9. CARRIE: the legal entity further defined in Article 2, which offers products to consumers at a distance as set out under these terms and conditions;
10. Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same room at the same time.
Article 2: Identity of CARRIE
Trade name: CARRIE
Registered address: Lindenhoflaan 38, 5043 ER Tilburg, the Netherlands
Email address: info@justcarrieon.com
Chamber of Commerce (KvK) number: 99571366
VAT identification number: NL869044242B01
Article 3: Applicability
1. These terms and conditions apply to every offer from CARRIE and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, CARRIE will indicate, before the distance contract is concluded, how the terms and conditions can be viewed and that they will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, the text of these terms and conditions may be made available to the consumer electronically, in such a way that it can easily be stored on a durable medium. If this is not reasonably possible, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer’s request.
Article 4: The offer
1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered, detailed enough to allow the consumer to properly assess the offer. Any images used by CARRIE are a truthful representation of the products offered. Obvious mistakes or errors in the offer are not binding on CARRIE.
3. Every offer contains information making clear to the consumer what rights and obligations are attached to accepting the offer.
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.
2. If the consumer has accepted the offer electronically, CARRIE will promptly confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement. After receiving this confirmation, the consumer can no longer dissolve or cancel the agreement, but can still make use of the right of withdrawal (Article 6).
3. If the agreement is concluded electronically, CARRIE takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, CARRIE will observe appropriate security measures.
4. CARRIE may, within legal limits, inform itself as to whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, CARRIE has good grounds not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.
5. At the latest upon delivery of the product, CARRIE will send the consumer the following information in writing or in a way that can be stored on a durable medium: the conditions and 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 guarantees and existing after-sales service; and the price including all taxes of the product, where applicable the delivery costs, and the method of payment, delivery or performance of the distance contract.
Article 6: Right of withdrawal
1. The consumer has the right to cancel a purchase within a cooling-off period of 14 days without giving reasons, with the exception of products offered at a discount or in a sale. CARRIE may ask for the reason for the return, but the consumer is not obliged to give one.
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
a. if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product;
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part.
3. If CARRIE has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period. If CARRIE provides this information within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7: Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to in a shop.
2. The consumer is only liable for any diminished value of the product resulting from handling that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if CARRIE did not provide all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8: Exercising the right of withdrawal and the costs involved
1. If the consumer exercises their right of withdrawal, they report this within the cooling-off period using the model withdrawal form or in another unambiguous way to CARRIE.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to CARRIE. The consumer has met the return deadline in any case if they return the product before the cooling-off period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by CARRIE.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. These costs usually range between €20 and €40, depending on the parcel size and the chosen shipping partner. If CARRIE has not stated that the consumer must bear these costs, or if CARRIE indicates that it will bear the costs itself, the consumer does not have to bear the return costs.
6. If the consumer exercises their right of withdrawal, all additional agreements are dissolved by operation of law.
Article 9: Obligations of CARRIE in the event of withdrawal
1. If CARRIE makes it possible for the consumer to report their withdrawal electronically, it will promptly send a confirmation of receipt after receiving this notification.
2. CARRIE reimburses all payments made by the consumer, including any delivery costs charged by CARRIE for the returned product, promptly but within 14 days following the day on which the consumer reports the withdrawal. Unless CARRIE offers to collect the product itself, it may wait to refund until it has received the product or until the consumer demonstrates that they have returned the product, whichever comes first.
3. CARRIE uses the same means of payment that the consumer used for the refund, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer chose a more expensive method of delivery than the cheapest standard delivery, CARRIE does not have to refund the additional costs of the more expensive method.
Article 10: Exclusion of the right of withdrawal
CARRIE may exclude the following products from the right of withdrawal:
- Due to our warehouse clearance, items that are part of a discount, sale or tiered discount cannot be returned or refunded;
- Products made to the consumer’s specifications that are not prefabricated and are made based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
- Sealed products that are not suitable to be returned for reasons of health protection or hygiene, and whose seal has been broken after delivery.
Article 11: The price
1. During the period of validity stated in the offer, the prices of the products offered are not increased, except for price changes resulting from changes in VAT rates.
2. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
3. Price increases from 3 months after the conclusion of the agreement are only permitted if CARRIE has stipulated this and they result from statutory regulations, or the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
4. The prices stated in the offer of products include VAT.
Article 12: Performance of the agreement and additional guarantee
1. CARRIE guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded.
2. An additional guarantee provided by CARRIE, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against CARRIE under the agreement if CARRIE has failed to fulfil its part of the agreement.
3. An additional guarantee means any commitment by CARRIE, its supplier, importer or producer granting the consumer certain rights or claims that go beyond what it is legally required to provide in the event that it has failed to fulfil its part of the agreement.
Article 13: Delivery and performance
1. CARRIE will take the greatest possible care when receiving and executing orders for products.
2. The place of delivery is the address that the consumer has made known to CARRIE.
3. With due observance of what is stated in Article 4 of these terms, CARRIE will execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed of this no later than 30 days after placing the order. In that case the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, CARRIE will promptly refund the amount the consumer has paid.
5. The risk of damage and/or loss of products rests with CARRIE until the moment of delivery to the consumer or a representative designated in advance and made known to CARRIE, unless expressly agreed otherwise.
6. The consumer is aware that the products are shipped from Asia.
Article 14: Payment
1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order before the stipulated advance payment has been made.
3. The consumer has the duty to report any inaccuracies in payment details provided or stated to CARRIE without delay.
4. If the consumer does not meet their payment obligation(s) on time, then, after CARRIE has pointed out the late payment and granted the consumer a period of 14 days to still meet their payment obligations, the consumer owes the statutory interest on the amount still due if payment is not made within this 14-day period, and CARRIE is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. CARRIE may deviate from these amounts and percentages in favour of the consumer.
Article 15: Complaints procedure
1. CARRIE has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the performance of the agreement must be submitted to CARRIE, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to CARRIE are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, CARRIE will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
Article 16: Disputes
1. Agreements between CARRIE and the consumer to which these terms and conditions relate are governed exclusively by Dutch law. All disputes arising from the agreement and/or these terms and conditions will be submitted to the competent court of the district where CARRIE has its registered office.
Article 17: Additional or differing provisions
Additional provisions, or provisions differing from these 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 medium.