Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the
following definitions apply:
• Cooling-off Period: The
period within which the consumer can exercise their right of withdrawal;
• Consumer: A natural person
not acting in the exercise of a profession or business who enters into a
distance contract with the entrepreneur;
• Ongoing Contract: A
distance contract concerning a series of products or services, with obligations
spread over time;
• Right of Withdrawal: The
consumer’s option to withdraw from the distance contract within the cooling-off
period;
• Entrepreneur: The
natural or legal person offering products or services remotely to consumers;
• Distance Contract: A
contract concluded between the entrepreneur and the consumer using remote
communication techniques;
• CESOP: The
Central Electronic System of Payment Information introduced by the EU to
monitor payment service providers.
Article 2 – Identity
of the Entrepreneur
•Business Name: Kathleen O'mara
•Customer Service Email: Info@kathleenomara.com
Article 3 – Applicability
These general terms and conditions apply
to every offer by the entrepreneur and every concluded distance contract.
Before the agreement is finalized, the terms are made available electronically
or otherwise.
Article 4 – The Offer
•Offers are non-binding. The entrepreneur
reserves the right to modify offers.
•The offer clearly specifies total costs,
including shipping fees, customs duties, and any additional charges collected
by the postal or courier service.
Article 5 – The Agreement
The agreement is established once the
consumer accepts the offer and complies with the specified terms. The
entrepreneur will confirm acceptance immediately via email.
Article 6 – Right of Withdrawal
•Consumers have the right to withdraw from
the contract within 14 days of receiving the product without providing a
reason.
•Return shipping costs are borne by the
consumer when exercising the right of withdrawal.
Article 7 – Costs in Case of Withdrawal
The entrepreneur will reimburse payments
within 14 days of the withdrawal, provided the product is returned in its
original condition.
Article 8 – Customs, Import Duties, and
VAT Liability
8.1
All
goods offered and sold through this website are shipped under the delivery term
Delivered Duty Unpaid (DDU), as defined under the Incoterms 2000.
This means that the customer is solely and fully responsible for all costs and
obligations arising from the importation of the goods into the destination
country.
8.2
Such
obligations include, but are not limited to:
(a)
payment of import duties, value-added tax (VAT) or goods and
services tax (GST), and other taxes or levies applicable at the point of
entry;
(b)
customs clearance costs, including any brokerage, inspection, or
handling fees imposed by customs authorities, postal carriers, or courier
services; and
(c)
compliance with local laws, product regulations, restrictions, and required
certifications in the country of delivery.
8.3
The
seller (referred to as “the entrepreneur”) does not act as the importer of
record for any order. Legal title and responsibility for the goods transfer
to the customer upon shipment. The entrepreneur is not liable for any delays,
seizures, refusals, or fines arising from the customer’s failure to comply with
applicable import laws or settle required fees.
8.4
The
entrepreneur provides the necessary commercial documentation for international
shipment (including, where required, a pro forma or commercial invoice, product
description, and declared value). However, the entrepreneur does not guarantee
that the documentation or goods will meet specific regulatory or technical
import requirements in the country of destination. The customer is solely
responsible for verifying whether the ordered goods are permitted for
import, restricted, or require special permits or licenses.
8.5
The
customer agrees to indemnify and hold the entrepreneur harmless from any
financial consequences, claims, penalties, or charges imposed by customs
authorities or third parties as a result of the customer’s non-compliance with
applicable import regulations.
8.6
It
is strongly advised that customers contact their local customs authority
or consult relevant import guidelines prior to placing an order, to avoid any
unexpected charges, delays, or refusals at the border.
Article 9 – CESOP Compliance
From 2024, payment service providers will
register transaction data in the CESOP system (Central Electronic System
of Payment Information) as per EU regulations. The entrepreneur complies with
these regulations, which may impact the monitoring and reporting of payments.
Article 10 – Conformity
and Warranty
•The entrepreneur ensures that the products
meet the agreement and legal requirements.
•Complaints about defects must be reported
in writing within 14 days.
•Products must be returned in their
original packaging and condition.
Article 11 – Delivery
•Orders are delivered within 30 days unless
otherwise agreed.
•In case of delays, the entrepreneur will
inform the consumer within 14 days of the order date.
•Orders are shipped under terms that make
the customer the recipient and responsible party for any import-related
processes.
•The entrepreneur ensures that products are
dispatched in compliance with international shipping regulations but bears no
responsibility for delays or issues arising during customs clearance.
• Any failure by the customer to comply with
import obligations does not constitute grounds for cancellation or refund of
the order.
Article 12 – Complaint
Resolution
• Complaints must be submitted in writing
within 7 days of discovering the issue.
• The entrepreneur will respond to
complaints within 14 days. If a longer resolution time is required, the
entrepreneur will provide an estimated timeline.
Article 13 – Disputes
These terms and conditions are governed by
Dutch law. Disputes will preferably be resolved amicably. If necessary,
disputes will be submitted to the competent court in the Netherlands.