TERMS AND CONDITIONS

Amy Walker General Terms and Conditions

These General Terms and Conditions govern all proposals made by the Entrepreneur and all Distance Contracts concluded with the Consumer.

Article 1 – Definitions of Key Terms

Within these conditions, the following terms carry the meaning specified:

  • Cooling-off Period: The statutory window during which the Consumer may legally invoke their Right of Withdrawal.

  • Consumer: The individual who enters into a Distance Contract for purposes outside of their normal trade, business, or profession.

  • Day: Refers to a single calendar day.

  • Long-term Transaction: An agreement for continuous or successive delivery or purchase obligations spread over a defined period.

  • Durable Medium: Any tool that permits either the Consumer or Entrepreneur to securely store personalized information for future, unaltered reference.

  • Right of Withdrawal: The Consumer's legally granted option to unilaterally dissolve the Distance Contract during the Cooling-off Period.

  • Entrepreneur: The legal entity or individual offering the products and/or services remotely to the Consumer (Amy Walker).

  • Distance Contract: A purchase agreement established remotely through an organized system for sales where all negotiations and conclusion occur using Means of Remote Communication.

  • Means of Remote Communication: Any method (e.g., telephone, internet) used to conclude a contract without the simultaneous physical presence of both parties.

  • General Terms and Conditions (GTC): This complete and current document outlining the terms of the agreement.

Article 2 – Identity of the Entrepreneur

Detail Information
Company Name: Upon Request
Email Address: support@amy-walker.com
Trade Register Number: Upon Request
VAT Identification Number: Upon Request

Article 3 – Scope and Accessibility

  1. These GTC are fully applicable to every offer made by the Entrepreneur and all resulting contracts with the Consumer.

  2. The complete text of the GTC will be supplied to the Consumer before the conclusion of the contract. If physical access is not immediately practical, the Entrepreneur will specify where the GTC can be reviewed and will dispatch them free of charge upon the Consumer's request.

  3. If the contract is finalized electronically, the GTC will be made available digitally in a format that ensures easy storage on a Durable Medium.

  4. In situations where these GTC conflict with specific product or service conditions, the most favorable provision for the Consumer shall always take precedence.

  5. Should any single provision of these GTC be deemed invalid or void, the remaining provisions will retain their full effect. The invalid provision will be replaced by a mutually agreed-upon clause that adheres as closely as possible to the original intent.

  6. Matters or situations not explicitly addressed in these conditions shall be interpreted "in the spirit" of these governing terms.

Article 4 – The Offer

  1. Any offer that has a fixed term of validity or is subject to pre-conditions will state these limitations explicitly. Offers are inherently non-binding; the Entrepreneur reserves the right to modify or withdraw any proposal.

  2. The Entrepreneur ensures the product or service is described completely and accurately, with sufficient detail to enable the Consumer to make a proper assessment. Imagery, if used, serves as a true representation, but obvious errors or mistakes are not binding on the Entrepreneur.

  3. All images, technical specifications, and general data provided are for indication only and cannot be the basis for claiming compensation or dissolving the contract. The Entrepreneur cannot guarantee an exact color match between the product and its on-screen representation.

  4. Each offer clearly outlines the rights and obligations associated with its acceptance, specifically including:

    • The Price: Stated excluding customs duties and import VAT. These significant additional costs are the sole responsibility and risk of the customer upon import into the EU, and will be collected directly by the courier service.

    • Any mandatory shipping costs.

    • The precise method of contract conclusion and acceptance requirements.

    • Whether or not the Right of Withdrawal is applicable.

    • Payment, delivery, and performance modalities.

Article 5 – Contract Conclusion

  1. The contract becomes legally binding the moment the Consumer accepts the offer and fulfills the corresponding requirements.

  2. If acceptance is electronic, the Entrepreneur must immediately confirm receipt of acceptance electronically. The Consumer retains the right to dissolve the contract until this confirmation is received.

  3. The Entrepreneur will implement appropriate technical and organizational measures to ensure secure data transmission and a secure payment environment for electronic transactions.

  4. The Entrepreneur may conduct a responsible check, within legal bounds, regarding the Consumer's ability to meet payment obligations. Based on this check, the Entrepreneur holds the right to refuse an order or impose special execution conditions.

  5. The Entrepreneur will provide the Consumer with vital information on a Durable Medium along with the product, including contact details for complaints, withdrawal procedures (or its exclusion), warranty information, and contract termination terms.

  6. The validity of every contract is subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

  1. The Consumer may dissolve the contract without specifying any reason within a 30-day reflection period, starting the day after the Consumer (or a designated representative) receives the product.

  2. During this reflection period, the Consumer must handle the product and packaging with extreme care, only using the product to the extent necessary to determine whether they wish to keep it.

  3. To exercise the right, the Consumer must notify the Entrepreneur in writing (via email) within the 30-day period. The product must then be returned within 30 days following this notification. Proof of timely return is required.

  4. If the Consumer fails to provide notification or return the product within the specified timeframes, the purchase agreement becomes permanently binding.

Article 7 – Costs in Case of Withdrawal

  1. If the Consumer exercises their Right of Withdrawal, they are responsible for bearing all costs of returning the products.

  2. The Entrepreneur will refund the purchase amount paid as quickly as possible, but no later than 14 days after the withdrawal, contingent upon the product being received or conclusive proof of its return being provided.

Article 8 – Exclusion of the Right of Withdrawal

The Entrepreneur may legitimately exclude the Consumer's Right of Withdrawal for certain products or services, provided this exclusion is clearly communicated in the offer before the contract is concluded.

Exclusion applies notably to products:

  • Custom-manufactured according to the Consumer's specific non-standard instructions.

  • That are clearly personal in nature or cannot be returned due to health or hygiene reasons once the seal is broken.

  • That are perishable or age quickly.

  • Whose prices are subject to financial market fluctuations beyond the Entrepreneur's control.

Article 9 – Pricing Policy

  1. Prices will remain fixed during the stated validity period of the offer, except for changes resulting from mandatory VAT rate adjustments.

  2. The Entrepreneur may offer products whose prices are indicative and subject to external financial market fluctuations, provided this dependency is stated in the offer.

  3. Price increases after the contract is concluded are only permitted if required by legal regulation or if the Consumer is simultaneously given the right to cancel the contract when the price change takes effect.

  4. All prices are stated exclusive of import duties and VAT because the delivery originates outside the EU; these mandatory import costs must be paid by the recipient to the courier service.

  5. No liability is accepted for printing or typographical errors, and the Entrepreneur is not obligated to deliver a product at an incorrect price resulting from such an error.

Article 10 – Conformity and Warranty

  1. The Entrepreneur warrants that the products conform to the contract specifications, reasonable expectations of quality/usability, and applicable legal regulations at the time of purchase.

  2. A commercial warranty offered by the Entrepreneur does not diminish the Consumer's existing statutory rights against the Entrepreneur based on the contract.

  3. Any defects or incorrect deliveries must be reported in writing to the Entrepreneur within 30 days of delivery. The return of such products must be in the original packaging and in new condition.

  4. The warranty is voided if the Consumer or third parties have repaired, altered, or improperly treated the products contrary to instructions.

Article 11 – Delivery and Execution

  1. The Entrepreneur exercises the utmost care in executing orders, delivering to the address provided by the Consumer.

  2. Orders will be executed promptly, typically within 30 days, unless a longer delivery period is agreed upon. If delivery is delayed or impossible, the Consumer will be notified within 30 days and is entitled to cancel the contract free of charge and claim damages.

  3. In case of cancellation due to delay, the Entrepreneur will refund the paid amount within 14 days.

  4. The risk of damage and/or loss of products remains with the Entrepreneur until the moment the product is physically delivered to the Consumer.

Article 12 – Ongoing Transactions: Duration, Termination, and Extension

  • Termination: The Consumer may terminate contracts of indefinite duration (or fixed-term contracts at the end of the term) with a notice period of no more than one month.

  • Extension: Fixed-term contracts for the regular delivery of products/services may not be tacitly extended for a fixed period. They may only be tacitly extended for an indefinite period if the Consumer can cancel at any time with a notice period of one month.

  • Duration: If a contract exceeds one year, the Consumer may terminate it any time after one year with a notice period of no more than one month, unless termination would be unreasonable.

Article 13 – Payment Terms

  1. Payment must be made within 7 working days after the start of the reflection period, unless alternative terms are agreed upon.

  2. The Consumer must immediately report any inaccuracies found in the payment details provided.

  3. In the event of late payment, the Entrepreneur is entitled to charge reasonable costs previously communicated to the Consumer.

Article 14 – Complaints Procedure

  1. Complaints regarding the contract's execution must be fully and clearly described and submitted to the Entrepreneur within 7 days after the defects are discovered.

  2. The Entrepreneur will respond to submitted complaints within 14 days of receipt. If a longer resolution time is needed, the Consumer will receive notification and an estimated response date.

  3. A complaint does not suspend the obligations of the Entrepreneur.

  4. If a complaint is deemed valid, the Entrepreneur will, at their discretion, either repair or replace the product free of charge.

Article 15 – Disputes and Governing Law

Contracts between the Entrepreneur and the Consumer governed by these GTC are subject exclusively to Dutch law, regardless of the Consumer's location.