Terms of service

Terms and Conditions

This website is operated by Whitcombe & Family. Throughout the site, the terms "we," "us," and "our" refer to Whitcombe & Family. Whitcombe & Family offers this website, including all information, tools, and services available on this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By accessing our site and/or purchasing something from us, you engage in our "service" and agree to be bound by the following terms and conditions ("terms of service," "terms"), including any additional terms and policies referenced herein and/or available by hyperlink. These terms of service apply to all users of the site, including without limitation users who are browsers, vendors, customers, sellers, and/or content contributors. By accessing or using any part of the site, you agree to be bound by these terms of service.

If you do not agree to all the terms of this agreement, you may not access the website or use any services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service. Any new features or tools added to the current store shall also be subject to the terms of service. You can review the most current version of the terms of service at any time on this page. We reserve the right to update, change, or replace any part of these terms of service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Article 1 – Definitions

The following definitions apply in these terms and conditions:

• Reflection period: the period during which the consumer can make use of their right of withdrawal;
• Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
• Day: calendar day;
• Continuing performance contract: 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 trader to store information addressed personally to them in a way that allows future access and unaltered reproduction of the stored information;
• Distance contract: an agreement whereby, within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
• Means of distance communication: means that can be used to conclude an agreement without the consumer and trader being in the same place at the same time;
• Terms and conditions: these terms and conditions of the trader.

Article 2 – Identity of the Trader

Email address: info@whitcombefamily.com

Company name: Sivira

Chamber of Commerce number: 97282847

Address: Dorsvlegel 50, Soest, The Netherlands

Article 3 – Applicability

These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer. Before the distance contract is concluded, the text of these 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 terms and conditions can be reviewed at the trader's premises and will be sent to the consumer free of charge as soon as possible upon request. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these 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 medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise, free of charge, upon request.

If one or more provisions of these terms and conditions are, at any time, wholly or partially void or annulled, the contract and these terms and conditions otherwise remain in effect, and the provision in question will be replaced by mutual agreement with a provision that most closely resembles the original. Situations not provided for in these terms and conditions must be assessed in the spirit of these terms and conditions. Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the trader uses images, these accurately represent the products and/or services offered. All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Product images accurately reflect the products offered.

Each offer contains information such that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

• the price, excluding customs clearance fees and import VAT. These additional costs are borne at the customer's expense and risk. The postal or courier service will apply the special scheme for postal and courier services with regard to imports. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal or courier service collects VAT (whether or not added to invoiced customs clearance fees) from the recipient of the goods;
• any shipping costs;
• how the contract will be concluded and the actions required to do so;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and performance of the contract;
• the period for acceptance of the offer, or the period within which the trader guarantees the price;
• the level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the normal base rate for the means of communication used;
• whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
• the codes of conduct to which the trader is subject and how the consumer can review these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a continuing performance transaction.

Optional: available sizes, colors, material type.

Article 5 – The Agreement

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures. The trader may, within the legal framework, inquire into the consumer's ability to meet their payment obligations, as well as into all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this inquiry, the trader has good grounds not to conclude the agreement, it is entitled to refuse an order or request, or to attach special conditions to its performance.

The trader will 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 medium, together with the product or service:

1. the address of the trader's place of business where the consumer can file a complaint;
2. the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding exclusion of the right of withdrawal;
3. information about warranties and existing after-sales service for the product or service;
4. the information set out in Article 4(3) of these terms, unless the trader has already provided this information to the consumer prior to performance of the agreement;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to cancel the contract without giving reasons for 14 days. This reflection period begins on the day after the product is received by the consumer, or by a representative designated in advance by the consumer and made known to the trader. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they will return the product, with all accessories delivered, and — if reasonably possible — in its original condition and packaging, to the trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must give this notice by means of a written message or email. After declaring their intent to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment. If the customer has not indicated their wish to exercise the right of withdrawal, or has not returned the product to the trader after the periods mentioned in paragraphs 2 and 3 have expired, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer. If the consumer has paid an amount, the trader will refund this as soon as possible, and no later than 14 days after the withdrawal. This refund is subject to the condition that the product has already been received by the trader, or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, at least in time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products that:

1. have been created by the trader according to the consumer's specifications;
2. are clearly personal in nature;
3. cannot be returned due to their nature;
4. spoil or age quickly;
5. are subject to fluctuations in the financial market that are beyond the trader's control;
6. are individual newspapers and magazines;
7. are audio and video recordings and computer software over which the trader has no control, once the seal has been broken;
8. are hygiene products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

1. relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
2. the performance of which has begun with the consumer's express consent before the reflection period has expired;
3. relating to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases starting 3 months after the conclusion of the contract are only permitted if the trader has stipulated this, and:

1. the place of delivery is, in accordance with Article 5(1) of the 1968 Turnover Tax Act, in the country where transport begins. In this case, delivery takes place outside the EU. Import VAT or customs clearance fees will subsequently be collected from the customer by the postal or courier service.

All prices are subject to printing and typesetting errors. We accept no liability for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services conform to the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory and/or regulatory provisions in effect on the date the contract is concluded. A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the trader on the basis of the contract.

Defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. The trader's warranty period corresponds to the factory's warranty period. However, the trader is never liable 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.

The warranty does not apply if:

• the consumer has repaired and/or modified the delivered products themselves, or has 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 trader's instructions and/or the packaging instructions;
• the non-conformity is wholly or partly the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

Taking into account the provisions of Article 4 of these terms and conditions, the company will process accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed with the consumer.

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 the event of cancellation in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of the cancellation.

If delivery of an ordered product proves impossible, the trader will make efforts to provide a replacement item. It will be stated clearly and understandably, no later than at the time of delivery, that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items.

The risk of damage and/or loss of products lies with the trader until the moment of delivery to the consumer, or to a representative designated in advance and made known to the trader, unless explicitly agreed otherwise.

Article 12 – Continuing Performance Contracts: Duration, Cancellation, and Renewal

Cancellation: The consumer may terminate an indefinite-term contract that extends to the regular delivery of products (including electricity) or services at any time, subject to the applicable termination rules and a notice period not exceeding one month.

The consumer may terminate a fixed-term contract concluded for the regular delivery of products (including electricity) or services at any time toward the end of the fixed term, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

• at any time, without being limited to termination at a specific date or during a specific period;
• at least in the same manner in which they concluded them;
• always with the same notice period as the trader has stipulated for itself.

Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, provided the consumer may terminate this renewed contract toward the end of the renewal period with a notice period not exceeding one month.

A fixed-term contract concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite term if the consumer may terminate it at any time with a notice period not exceeding one month, and a notice period not exceeding three months if the contract concerns the regular delivery, less than once a month, of daily or weekly newspapers and magazines.

If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness preclude termination before the end of the agreed period.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days of the start of the reflection period referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obligated to report inaccuracies in provided or stated payment details to the trader without delay.

In the event of non-payment by the consumer, the trader is entitled, subject to statutory limitations, to charge the consumer reasonable costs communicated in advance.

Article 14 – Complaints Procedure

Complaints about the performance of the agreement must be submitted to the trader within 7 days, with a complete and clear description, after the consumer has discovered the defects.

Complaints submitted to the trader will be handled within 14 days of receipt. If a complaint requires a longer processing time, the trader will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that may be submitted to the dispute resolution procedure.

A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.

If a complaint is deemed justified by the trader, the trader will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – Contact Details

Questions regarding the terms of service can be sent to info@whitcombefamily.com.