Terms
    &
    Conditions

    creating fairy tales

    useful questions

    Here are the answers to frequently asked questions on the quest of creating magical spaces and creating fairy tales with Chéri Cherry.

    Welcome

    Welcome to the Chéri Cherry Web-Shop. Please read the following general terms and conditions that are applicable to the use and the purchase of products through our website accurately. When placing an order, you agree with our general terms and conditions along with our Privacy Policy.

    Article 1: Definitions

    For the purpose of these terms and conditions, the following is understood as:

    1. Agreement: an agreement in pursuance of which the consumer acquires products, digital content and/or services in connection with a distance agreement and the said goods, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an arrangement between the said third party and the entrepreneur.
    1. Reflection period: the period within which the consumer can make use of his right of withdrawal.
    2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur.
    3. Day: a calendar day.
    4. Transaction duration: a distance contract relating to a series of products and/or services, of which the supply and/or purchase obligation is spread over time.
    5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him or her personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
    6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period.
    7. Model form: the model withdrawal form that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal. See Appendix I.
    8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
    9. Website: the website of the entrepreneur as identified in Article 2.
    10. Distance contract: an agreement within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement in which one or more techniques for distance communication are used.
    11. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
    12. Terms and Conditions: the subject of this paper.

    Article 2: Identity of the Entrepreneur

    Name: Cheri Cherry
    Address: Kabelweg 57, 1014 BA Amsterdam, The Netherlands (note: this is

    not a visiting address)

    E-mail address: info@chericherry.nl
    Chamber of Commerce number: 56514050
    VAT number:  NL003196415B16

    Article 3: Applicability

    1. These general terms and conditions are applicable to each and every offer of the entrepreneur and to each and every distance agreement concluded by and between the entrepreneur and the consumer.
    2. The text of these general terms and conditions is made available to the consumer before the distance agreement is concluded. Should this reasonably not be possible, then the entrepreneur shall indicate before the distance agreement is concluded how the applicable general terms and conditions can be inspected and shall upon request provide them to the consumer free of charge.
    3. If the distance agreement is concluded electronically, then the text of these general terms and conditions can, in derogation from the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such manner that they can easily be stored by the consumer on a sustainable data carrier. Should this reasonably not be possible, then it shall be indicated before the distance agreement is concluded where a note can electronically be taken of the general terms and conditions and that upon request of the consumer, they shall be sent electronically or otherwise free of charge.

    If in addition to these general terms and conditions specific product or service terms and conditions are also applicable when the second and the third paragraph are equally applicable and the consumer can, in case of conflicting terms and conditions, always rely on the applicable provision that is most favorable to him or her.

    Article 4: Offers

    1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer
    2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
    3. The offer contains a complete and accurate description of the products and/or the services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
    4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
    5. Pictures with products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the real colors of the product.
    6. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
      1. the prices including taxes.
      2. shipping costs (if necessary).
      3. the way in which the agreement will be concluded and which actions are required for this.
      4. whether or not to apply the right of withdrawal.
      5. the method of payment, delivery and implementation of the agreement.
      6. the period of acceptance for the offer, or the period in which the entrepreneur guarantees the price.
      7. the rate for distance communications if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used.
      8. whether the contract is filed after conclusion and if so, how it can be consulted by the consumer.
      9. the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and repair it if desired.
      10. any other languages in which, in addition to Dutch, the contract can be concluded.
      11. the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically.
      12. the minimum duration of the distance contract in the event of an extended transaction.

    Article 5: Agreement

    1. The agreement is subject to the provisions set forth in Article 4 and concluded at the moment of acceptance by the consumer of the offer as well the applicable conditions.
    2. If the consumer accepts the offer electronically, then the entrepreneur forthwith confirms the receipt of acceptance of the offer electronically. As long as the receipt of the acceptance has not been confirmed by the entrepreneur, the consumer can rescind the agreement.
    3. If the agreement is concluded electronically, then the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and provides for a secure web environment. If the consumer can pay electronically, then the entrepreneur shall observe appropriate security measures.
    4. The entrepreneur can – within the statutory parameters – ascertain him- or herself of the fact that the consumer can comply with his or her payment obligations along with all of the facts and factors that are important for the responsible conclusion of the distance agreement. This entails the entrepreneur’s entitlement to scrutinize the personal information provided by the consumer. If on the basis of the said examination the entrepreneur has good reason not to conclude the agreement, then the entrepreneur shall be entitled to reject an order or request in a substantiated manner or to impose special conditions on its implementation.
    5. At the latest upon delivery of the product, service or digital content, the entrepreneur shall make the following information available to the consumer, either in writing or in such manner that it can be stored by the consumer on a sustainable data carrier in an accessible manner:
      1. the visiting address of the establishment of the entrepreneur, which the consumer can call upon in case of complaints.
      2. the terms and conditions on the basis of and the manner in which the consumer can rely on the right of withdrawal or a clear indication regarding the exclusion of the right of withdrawal.
      3. the information about warranties and existing aftersales service.
      4. the total price including any and all taxes of the product, service or digital content; where applicable, the costs of delivery and the payment method, delivery or implementation of the distance agreement.
      5. the requirements for termination of the agreement if the agreement has a term of more than one year or has an open term.
      6. if the consumer is entitled to the right of withdrawal, the withdrawal return form.

    In case of a continuing performance transaction, the provisions set forth in the previous paragraph are only applicable to the first delivery.

    Article 6: Withdrawals

    1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This reflection period commences on the day following receipt of the product by the consumer or a representative as appointed in advance by the consumer and made known to the entrepreneur.
    2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
    3. When the consumer wishes to make use of his or her right of withdrawal, he or she is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he or she wishes to make use of his or her right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
    4. If the customer has not made it known that he or she wishes to make use of his or her right of withdrawal within the reflection period – or wishes to make use of the right of withdrawal after the expiry of the terms mentioned in paragraphs 2 and 3 – the product has not been returned to the entrepreneur in accordance with the applicable terms and conditions. This entails that the sale is irrevocable and thus final.
    5. All purchases of discounted products are final and cannot be refunded or returned. Neither the reflection period, nor the right of withdrawal are applicable in distance contracts pertaining the sale of discounted products.

    Article 7: Costs Incurred Due to Withdrawal

    1. If the consumer exercises his or her right of withdrawal, the costs of returning the good(s) in question are for his or her account.
    2. If the consumer has paid an amount for the good(s) in question, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation on the condition that:
      1. the product has already been received back by the merchant or conclusive proof of a complete return can be submitted. Any returned items are subject to the provisions specified under Article 6.

    Article 8: Exclusion from the Right of Withdrawal

    1. The entrepreneur can preclude the consumer’s right of withdrawal for products described in paragraph 2 of Article 8. However, the preclusion of the withdrawal right is only valid if the entrepreneur clearly states so before the conclusion of the agreement relating to the offer.
    2. Precluding of the withdrawal right is only possible for products:
      1. that have been produced by the entrepreneur in accordance with the consumers specifications e.g. products which are custom-made.
      2. that are clearly personal in nature.
      3. that, because of their nature, cannot be returned.

    Article 9: Prices

    1. The prices stated on the website are inclusive of VAT (21%) and exclusive of shipping costs.
    2. The entrepreneur cannot be held liable for incorrectly stated prices, for example as a result of entry or printing errors. No rights can be derived from incorrect price information. Special offers are clearly indicated on the website and remain valid if stock lasts within the specifications of the relevant offer.
    3. The entrepreneur is authorized to adjust the prices on his or her webshop at any point in time. In the event that prices are altered, no changes will be made in the prices of orders that have already been paid and/or produced. These orders will be completed for the prices that were agreed upon the commencement of the distance contract.
    4. During the period of validity mentioned in the offer, the prices of the offered products and/or services cannot be increased, barring price changes due to changes in VAT rates.
    5. In derogation from the previous paragraph, the entrepreneur can offer products or services of which the prices are bound by fluctuations in the financial market and that are beyond the control of the entrepreneur at variable prices. The binding force of fluctuations and the fact that potentially indicated prices are target prices is mentioned in the offer.
    6. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory schemes or provisions.
    7. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur stipulated this and:
      1. they are the result of statutory schemes or provisions; or
      2. the consumer is authorized to terminate the agreement effective from the day that the price increase takes effect.
    8. All shipments to destinations outside of the EU may be subject to import duties and taxes, which are levied by the importing country at the time of arrival in the destined country. All applicable duties, fees, and any additional charges for customs clearance are the consumer’s responsibility.

    Article 10: Compliance with an Agreement and Additional Warranty

    1. The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions or government regulations existing on the date of the conclusion of the agreement.
    2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur under the agreement if the entrepreneur has failed to fulfill its part of the agreement.
    3. An additional guarantee is understood to mean every obligation of the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in the event that it has failed to fulfill its part of the agreement.

    Article 11: Delivery and Implementation

    1. The entrepreneur shall observe the utmost care when taking a receipt, implementing orders for products, and when assessing requests for the supply of services.
    2. The place of delivery is the address that the consumer has made known to the entrepreneur.
    3. In consideration of the relevant provisions set forth in these general terms and conditions, the entrepreneur shall implement accepted orders expeditiously and at the latest within 30 days, unless a different delivery period is stipulated. If the delivery is delayed, or if an order cannot or only partly be implemented, then the consumer is to be informed accordingly at the latest 30 days after he or she has placed the order. As the occasion arises, the consumer is entitled to rescind the agreement without costs.
    4. After rescission in conformity with the previous paragraph, the entrepreneur shall immediately repay the amount paid by the consumer.
    5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or his or her pre-designated representative, unless explicitly agreed otherwise.

    Article 12: Continuing Performance Transactions – Term, Termination, and Renewal

    1. If the consumer wants to exercise his or her right of withdrawal, he or she must notify the entrepreneur of this within the reflection period by means of the model withdrawal form (See Appendix I) or in another unambiguous manner.
    2. The consumer must return or hand over the product to (an authorized representative of) the entrepreneur as soon as possible but, in any case, within 14 days of the day following the notification referred to in Paragraph 1. This will not be necessary if the entrepreneur offered to collect the product. The consumer will in any case have met the product return deadline if he or she returned the product before the end of the reflection period.
    3. The consumer will return the product together with all the accessories supplied, if reasonably possible in the original condition and packaging, and in conformity with the entrepreneur’s reasonable and clear instructions.
    4. The consumer will bear the risk and the burden of proof as regards the correct and timely exercise of the right of withdrawal.
    5. The consumer will bear the direct costs of returning the product. If the entrepreneur failed to state that these costs were payable by the consumer or offered to pay these costs itself, the consumer will not be required to bear the return shipping costs. If the consumer exercises his or her right of withdrawal, all additional agreements will be terminated by operation of law.

    Article 13: Payment

    1. To the extent that the agreement or additional terms and conditions do not determine otherwise, the amounts payable by the consumer must be paid within 14 days after the commencement of the reflection period or, failing a reflection period, within 14 days after the conclusion of the agreement. In case of an agreement for the provision of a service, this period takes effect on the day after the consumer has received the confirmation of the agreement.
    2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
    3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
    4. Payment of duty and tax for international orders (outside of the EU) are the responsibility of the consumer.

    Article 14: Complaints Procedure

    1. The entrepreneur has a sufficiently disclosed complaints procedure and handles a complaint in accordance with the said complaints procedure.
    2. Complaints about the implementation of the contract must be submitted clearly specified and comprehensive to the entrepreneur within 7 days after the consumer has determined the defects.
    3. Complaints submitted to the entrepreneur are answered within a period of 14 days after the date of receipt. If a complaint foreseeably requires a longer processing time, then the entrepreneur answers within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect to receive a more extensive answer.
    4. A complaint about a product, service or the service of the entrepreneur can also be submitted via electronic mail. The consumer must, in any case, give the entrepreneur a period of 4 weeks to solve the complaint in joint consultation. After this period, a dispute arises that is susceptible to the dispute settlement rules.
    5. In case of complaints, a consumer must first turn to the entrepreneur. Should this not lead to a solution, the consumer has the option to contact a certified Alternative Dispute Resolution (ADR) organization. The decision of the relevant commission is binding and both entrepreneurs and consumers agree with this binding judgment. The submission of a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
    6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
    7. If a complaint is considered to be well-founded by the entrepreneur, he or she will replace or repair the products free of charge.

    Article 15: Force Majeure

    1. Force majeure is defined as: any circumstances or reasonably unforeseen circumstance outside of the entrepreneur’s direct influence that temporarily or definitely prevents the entrepreneur from meeting his or her obligations. Such circumstances are, among others: limiting government measures, mobilization, war, danger of war, revolution, strike, seizure, attachment, special weather conditions, lack of transportation or full or partial default of third parties whose services are used.
    2. In case of force majeure, the entrepreneur has the right to either suspend his or her compliance with their obligations towards the consumer including the partial or full termination of the agreement without a judicial intervention and free from liability for payment or compensation at the entrepreneur’s discretion.

    Article 16: Jurisdiction

    1. Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium.

    Article 17: Additional or Deviating Provisions

    1. Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium.

    Appendix I: Model Form for Withdrawal