General Terms of Use

Article 1 – Definitions

In these general terms and conditions, the following terms shall apply:

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

  • Consumer: the individual who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Duration transaction: a distance contract relating to a series of products and/or services, whose delivery and/or receipt obligations are staggered over time;

  • Durable data carrier: any medium allowing the consumer or entrepreneur to store information addressed to them personally in such a way that it can be consulted later and reproduced unchanged;

  • Right of withdrawal: the consumer's ability to withdraw from the distance contract during the cooling-off period;

  • Entrepreneur: the individual or entity offering products and/or services at a distance to consumers;

  • Distance contract: a contract concluded within a system organized by the entrepreneur for the distance sale of products and/or services, using one or more means of distance communication until the conclusion of the contract;

  • Means of distance communication: any means used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place;

  • General Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Business Name: The Sydney Label

  • Registration Number: 96516925

  • Trading Name: The Sydney Label

  • VAT Number: 249594493B02

  • Customer Service: Info@thesydneylabel.com

  • Business Address: Clausholm 11

Article 3 – Applicability

These general terms and conditions apply to all offers by the entrepreneur as well as any distance contracts and orders concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the conclusion of the contract that the terms and conditions can be consulted at the entrepreneur's premises and that they will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, by derogation of the previous paragraph, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the conclusion of the contract where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request, either electronically or otherwise.

If, in addition to these general terms and conditions, special conditions related to products or services apply, the provisions of the second and third paragraphs also apply, and the consumer may always invoke the most favorable applicable provision in case of contradictory general terms and conditions.

If one or more provisions of these general terms and conditions are null or void at any time, the contract and these conditions remain in effect for the remainder, and the concerned provision will be replaced by a provision that closely matches the original intent.

Situations not regulated by these general terms and conditions must be interpreted in light of these general terms and conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our general terms and conditions must be interpreted in light of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer.

The offer is non-binding. The entrepreneur reserves the right to modify and adapt the offer.

The offer includes a complete and precise description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper evaluation of the offer. If the entrepreneur uses images, they are a faithful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images and specifications contained in the offer are provided for illustrative purposes and cannot give rise to compensation or cancellation of the contract.

Product images are a faithful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains clear information for the consumer about the rights and obligations related to accepting the offer, including:

  • The price, excluding customs fees and VAT on imports. These additional costs are at the customer’s expense and risk. The postal service and/or carrier will apply the special regime for postal and courier services during the importation of goods into the destination EU country, which also applies here. The postal service and/or carrier will collect VAT (possibly with customs fees charged) from the recipient of the goods.

  • Any shipping fees.

  • How the contract will be concluded and the necessary steps for this.

  • Whether or not the right of withdrawal applies.

  • Payment, delivery, and performance terms.

  • The period during which the offer remains valid or the period during which the entrepreneur guarantees the price.

  • The cost of distance communication if these costs are calculated differently from the usual cost of the communication method used.

  • Whether the contract will be archived after conclusion and how it can be accessed by the consumer.

  • How the consumer can check and, if necessary, correct the information provided before the contract is concluded.

  • Any other languages, besides English, in which the contract can be concluded.

  • The codes of conduct to which the entrepreneur is subject and how the consumer can access these codes electronically.

  • The minimum duration of the distance contract in the case of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the associated conditions.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm the receipt of this acceptance electronically. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer may cancel the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

The entrepreneur may, within the limits of the law, inquire about the consumer’s ability to meet their payment obligations, as well as any facts and factors necessary for the responsible conclusion of the distance contract. If, based on this inquiry, the entrepreneur has reasonable grounds not to conclude the contract, they have the right to refuse an order or request, indicating the reasons, or attach special conditions to it.

The entrepreneur will provide the consumer with the following information in writing or in an accessible form on a durable data carrier along with the product or service:

  • The physical address of the entrepreneur's headquarters where the consumer can submit complaints.

  • The terms and conditions of the right of withdrawal, or a clear statement if the right of withdrawal is excluded.

  • Information about guarantees and existing after-sales services.

  • The information mentioned in Article 4, paragraph 3, unless this information has already been provided to the consumer before the execution of the contract.

  • The conditions for contract termination if it has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provisions of the previous paragraph apply only to the first delivery.

Each contract is concluded subject to the sufficient availability of the concerned products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to cancel the contract without providing a reason within 30 days. This cooling-off period starts the day after the consumer receives the product or after receiving it by a designated representative notified in advance to the entrepreneur.

During the reflection period, the consumer must handle the product and its packaging with care. They should only unpack or use the product as necessary to determine if they wish to keep it. If they exercise their right of withdrawal, the consumer must return the product with all its accessories and, if possible, in its original condition and packaging, according to reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 30 days after receiving the product, in writing or by email. After notifying their intention to withdraw, the consumer must return the product within 30 days. The consumer must prove that the items returned have been shipped on time, which may include a shipping receipt. The return may be done directly with our supplier in China.

If the consumer does not notify their intention to withdraw or does not return the product within the periods mentioned in paragraphs 2 and 3, the sale will be considered final.

Article 7 – Costs of Withdrawal

If the consumer exercises their right of withdrawal, the return costs of the products are entirely at their expense. It is important to note that this also includes the return to the country of origin, i.e., our supplier in China.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, and no later than 30 days after the withdrawal. However, this refund is conditional upon the product being received by the online merchant or a proof of return having been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only applicable if the entrepreneur has clearly mentioned it in the offer, or at least before the conclusion of the contract.

The exclusion of the right of withdrawal is possible only for the following products:

  • Manufactured by the entrepreneur according to the consumer’s specifications;

  • Clearly customized;

  • Products that, by their nature, cannot be returned;

  • Products likely to deteriorate or expire quickly;

  • Products whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence;

  • Consisting of newspapers, magazines sold individually;

  • Including audio and video recordings and software that the consumer has broken the seal on;

  • Hygienic products that the consumer has broken the seal on.

The exclusion of the right of withdrawal is also possible for services:

  • Related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;

  • Whose execution has started with the consumer’s express consent before the end of the withdrawal period;

  • Concerning betting and lotteries.

Article 9 – Price

For the duration mentioned in the offer, the prices of the products and/or services offered will not be increased, unless there are changes in VAT rates.

By exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that the entrepreneur cannot influence, with variable prices. This dependency on fluctuations and the fact that the prices indicated are indicative will be clarified in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal or regulatory provisions.

Price increases after 3 months following the conclusion of the contract are only allowed if the entrepreneur has stipulated it and if:

  • They result from legal or regulatory provisions; or

  • The consumer has the option to cancel the contract from the effective date of the price increase.

The place of delivery, according to Article 5, paragraph 1 of the Dutch VAT Act of 1968, is the country where the transport starts. In this case, the delivery takes place outside the EU. Therefore, import VAT and customs fees will be collected by the postal service or carrier from the recipient. Thus, the entrepreneur will not charge VAT.

All prices are subject to typographical and printing errors. No responsibility will be accepted for the consequences of such errors. In case of typographical or printing errors, the entrepreneur is not required to deliver the product at the incorrect price.

Article 10 – Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable quality and usability requirements, as well as the legal provisions and government regulations in force at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than normal use.

Any warranty provided by the entrepreneur, the manufacturer, or the importer does not affect the legal rights and remedies available to the consumer under the contract.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days after delivery. The products must be returned in their original packaging and in perfect condition.

The duration of the entrepreneur's warranty corresponds to that of the manufacturer's warranty. However, the entrepreneur is not responsible for the final suitability of the products for individual use 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, misused, or treated contrary to the entrepreneur's instructions and/or the information on the packaging;

  • The defect is entirely or partially due to regulations imposed by authorities regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur will take the utmost care in receiving and executing product orders.

The delivery address is the one provided by the consumer to the business.

Subject to the provisions of Article 4 of these terms and conditions, the business will execute accepted orders as soon as possible, and no later than 30 days, unless the consumer has agreed to a longer delivery period. In case of delivery delay or if an order cannot be fulfilled or only partially fulfilled, the consumer will be informed within 30 days of placing the order. The consumer then has the right to cancel the contract without charge and may claim compensation.

In case of cancellation under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, and no later than 30 days after cancellation.

If the delivery of an ordered product proves impossible, the entrepreneur will do their best to offer a replacement item. Information regarding a replacement item will be communicated clearly and understandably at the time of delivery. For replacement items, the right of withdrawal cannot be excluded. Any return fees are to be borne by the entrepreneur.

The risk of damage and/or loss of products is borne by the entrepreneur until the moment of delivery to the consumer or a representative previously designated and communicated to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Fixed-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an indefinite contract for the regular delivery of products (including electricity) or services at any time, subject to the termination rules agreed upon and with a notice period of no more than one month.

The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time at the end of the fixed period, subject to the termination rules agreed upon and with a notice period of no more than one month.

The consumer may terminate the contracts mentioned in the previous paragraphs:

  • At any time, without being limited to a specific period or date;

  • By the same means used to conclude the contract;

  • With a notice period identical to that granted to the entrepreneur.

Renewal

A fixed-term contract for the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a fixed term.

By exception to the previous paragraph, a fixed-term contract for the regular delivery of newspapers, magazines, and periodicals may be tacitly renewed for a maximum of three months, provided that the consumer can cancel the extended contract with a notice period of no more than one month.

A fixed-term contract for the regular delivery of products or services may be tacitly extended for an indefinite period, provided the consumer can terminate it at any time with a notice period of no more than one month, and a notice period of up to three months for contracts for the delivery of newspapers, magazines, and periodicals less frequently than once a month.

A fixed-term contract concluded for the trial or discovery of newspapers, magazines, and periodicals will not be tacitly extended and will automatically end after the trial or discovery period.

Duration

If a contract has a duration longer than one year, the consumer may terminate it at any time after one year, with a notice period of no more than one month, unless early termination is unreasonable given the circumstances.

Article 13 – Payment

Unless otherwise stipulated, amounts due by the consumer must be paid within 7 working days after the start of the withdrawal period mentioned in Article 6, paragraph 1. In the case of a service contract, this period begins after the consumer receives the contract confirmation.

The consumer is obligated to immediately report any errors in the payment information provided or mentioned.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable fees previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the performance of the contract must be submitted completely and clearly described to the entrepreneur within 7 days after the consumer notices the defects.

Complaints submitted to the entrepreneur will receive a response within 30 days of receipt. If a complaint requires longer processing, the entrepreneur will inform the consumer within 30 days and specify the expected time frame for a more detailed response.

If a complaint cannot be resolved amicably, it may lead to a dispute that can be submitted to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations, unless written notice to the contrary is provided.

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

Article 15 – Disputes

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

 

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