Conditions de service

Terms and Conditions

This website is operated by Guzel-service's. Throughout the site, the terms "we", "us", and "our" refer to Guzel-service's. Guzel-service's provides this website, including all information, tools, and services available on this site, to you, the user, provided that you agree to all the terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing anything from us, you participate in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Conditions"), including any additional terms and policies referenced herein and/or available via a hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before visiting or using our website. 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 must not visit the website or use the 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 are also subject to the Terms of Service. You can view the most recent 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 on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after any changes are posted 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.

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Article 1 – Definitions

In these conditions, the following terms are understood to mean:

• Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
• Consumer: the natural person who is not acting in the course of their profession or business and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Long-term transaction: a distance contract related to a series of products and/or services, where the delivery and/or acceptance obligation is spread over time;
• Durable medium: any medium that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
• Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person offering products and/or services to consumers remotely;
• Distance contract: a contract in which, as part of a system organised by the entrepreneur for remote sale of products and/or services, the agreement is concluded solely by means of remote communication techniques;
• Remote communication technique: a medium that can be used to conclude an agreement without the consumer and the entrepreneur being simultaneously in the same space;
• General Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Email: e.gzl0345@gmail.com
Company Name: Guzel-service's
Chamber of Commerce Number: 91979080
Address: Thorbeckesingel 28, 4142AN Leerdam

Article 3 – Applicability

These general terms and conditions apply to all offers made by the entrepreneur and to any distance agreement and orders between the entrepreneur and the consumer. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated, before the distance agreement is concluded, that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge upon request as soon as possible. If the distance agreement is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph and before the distance agreement is concluded, 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 reasonably not possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge, either electronically or in some other manner, upon request. In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most beneficial to them. If one or more provisions of these general terms and conditions are, at any time, wholly or partially invalid or voided, the agreement and these terms and conditions will remain in effect in all other respects, and the relevant provision will, in mutual consultation, be replaced promptly by a provision that most closely approximates the original intent. Situations not addressed in these general terms and conditions should be assessed in accordance with the spirit of these terms. Any ambiguities regarding the interpretation or content of one or more provisions of our terms should be explained in accordance with the spirit 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 clearly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer. The offer contains a full and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make an informed assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are for indication purposes only and cannot be the basis for compensation or cancellation of the agreement. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are upon acceptance of the offer. This concerns, in particular: the price, excluding customs clearance costs and import VAT. These additional costs will be at the consumer's expense and risk. The postal and/or courier service will use the special arrangements for postal and courier services in relation to imports. This arrangement applies if the goods are imported into the EU country of destination, as in this case. The postal and/or courier service will collect VAT (whether or not together with the customs clearance costs) from the recipient of the goods; any shipping costs; the manner in which the agreement will be concluded and what actions are required for that purpose; whether or not the right of withdrawal applies; the method of payment, delivery, and execution of the agreement; the deadline for accepting the offer, or the period during which the entrepreneur guarantees the price; the rate for communication by remote means if the costs for using the communication technology are calculated on a basis other than the standard rate for the communication means used; whether the agreement is archived after conclusion, and if so, how it can be accessed by the consumer; the way in which the consumer can verify and, if necessary, correct the data they provided in the context of the agreement before concluding the agreement; any other languages, in addition to Dutch, in which the agreement can be concluded; the codes of conduct to which the entrepreneur has adhered and the manner in which the consumer can consult these codes electronically; and the minimum duration of the distance agreement in the case of a long-term transaction. Optional: available sizes, colours, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set out therein. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur may, within legal frameworks, check whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur, based on this investigation, has good grounds not to enter into the agreement, they are entitled to refuse an order or request, or to impose special conditions on its execution. The entrepreneur will provide the consumer with the following information, in writing or in a way that can be stored on a durable data carrier in a manner accessible to the consumer: 1. the visiting address of the entrepreneur’s establishment where the consumer can file complaints; 2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; 3. information about guarantees and after-sales services; 4. the data mentioned in Article 4(3), unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; 5. the requirements for terminating the agreement if it has a duration of more than one year or an indefinite duration. In the case of a long-term transaction, the provision in the previous sentence only applies to the first delivery. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the agreement without giving any reason within 14 days. This reflection period begins on the day after the consumer receives the product or a representative designated by the consumer, who is known to the entrepreneur. During the reflection period, the consumer will handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all provided accessories and, if reasonably possible, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The notice must be made via a written message/email. Once the consumer has informed the entrepreneur of their intention to withdraw, the consumer must return the product within 14 days. The consumer must prove that the items were returned in time, for example, by providing proof of shipment. If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal or has not returned the product within the time limits mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products is borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided the product has already been received by the online store or proof of complete return can be provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement. Exclusion of the right of withdrawal is only possible for products: 1. made to the consumer's specifications; 2. clearly personal in nature; 3. which cannot be returned due to their nature; 4. which can deteriorate or expire quickly; 5. whose price is subject to fluctuations in the financial market which the entrepreneur cannot control; 6. for single newspapers and magazines; 7. for audio and video recordings and computer software where the consumer has broken the seal; 8. for hygienic products where the consumer has broken the seal. The exclusion of the right of withdrawal is also possible for services: 1. concerning accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or within a specific period; 2. where the delivery has begun with the consumer's explicit consent before the reflection period has expired; 3. concerning bets and lotteries.

Article 9 – Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and which the entrepreneur cannot influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative will be mentioned in the offer. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and: 1. they are the result of statutory regulations or provisions; or 2. the consumer has the right to cancel the agreement as of the date the price increase takes effect. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, and the reasonable requirements for quality and/or usability, as well as the applicable statutory provisions and/or government regulations in effect on the date the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than its normal use. Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer may have under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The return of products must be made in the original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products. The guarantee does not apply if:

1. The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
2. The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in violation of the entrepreneur's instructions and/or those on the packaging;
3. The defect is wholly or partly due to regulations set by or to be set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products. In accordance with what is stated in Article 4 of these general terms and conditions, the entrepreneur will carry out accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be or can only be partially executed, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement at no cost and is entitled to any potential compensation. In case of cancellation as per the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation. If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a substitute product. At the time of delivery, it will be clearly communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement products. The return shipping costs are to be borne by the entrepreneur. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated and made known to the entrepreneur, unless expressly agreed otherwise.

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

Termination
The consumer can terminate an agreement concluded for an indefinite period, which concerns the regular delivery of products (including electricity) or services, at any time, respecting the agreed termination rules and a maximum notice period of one month. The consumer can terminate an agreement concluded for a fixed period, which concerns the regular delivery of products (including electricity) or services, at any time, at the end of the fixed period, respecting the agreed termination rules and a maximum notice period of one month. The consumer may terminate the aforementioned agreements:

1. At any time and is not limited to termination at a specific time or during a specific period;
2. At least in the same manner in which they were concluded;
3. Always with the same notice period as the entrepreneur has agreed upon for themselves.
   Extension
   An agreement concluded for a fixed period, which concerns the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific period. However, in deviation from the previous sentence, an agreement concluded for a fixed period, concerning the regular delivery of daily, news, or weekly newspapers and magazines, may be tacitly extended for a maximum period of three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
   An agreement concluded for a fixed period, concerning the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a maximum notice period of three months if the agreement concerns the regular, but less than once a month, delivery of daily, news, or weekly newspapers and magazines.
   An agreement for a limited period regarding the regular delivery of daily, news, or weekly newspapers and magazines or magazines (trial or introductory subscription) will not be tacitly extended and will automatically terminate at the end of the trial or introductory period.
   Duration
   If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless the principles of reasonableness and fairness would prevent termination before the agreed duration ends.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement. The consumer is obliged to report any inaccuracies in the provided or stated payment details to the entrepreneur without delay. In the event of non-payment by the consumer, the entrepreneur is entitled to charge reasonable costs, as previously made known to the consumer, subject to statutory limitations.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur explicitly indicates otherwise in writing. If the entrepreneur finds a complaint justified, they will, at their discretion, either replace the delivered products free of charge or repair them.

Article 15 – Disputes

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.Article 16 – Contact Information
Questions regarding the Terms of Service can be sent to us at contact@mariannerosalieottawa.com