General terms and conditions

Conditions for mediation

Description of the company structure

Goods offered on www.emma-louise.se are expressly not sold by Kraaicommerce. The goods offered are sold by the seller Fulfillman. This means that the purchase agreement is established between the buyer and the seller. Kraaicommerce does not become a party to these agreements in any way.

The general terms and conditions that apply between the seller and the buyer are at the end of this document. Please note: These general terms and conditions apply between the buyer and the seller and cannot therefore be invoked against the website owner.

If the seller is based in a country within the EU or in Norway, Liechtenstein or Iceland, the EU Distance Selling Directive applies to the contracts concluded. All rights and guarantees set out in this Directive shall therefore apply.

Conditions for mediation

Article 1 - definitions

In these Mediation Terms, the following terms shall have the following meanings:

  1. Website: Emma Louise. This applies to the platform that is made available. This also includes all subdomains.

  1. Website owner: the company Kraaicommerce, with registered office at Westplein 12 in Rotterdam and registered with the Chamber of Commerce under number 72194553.

  1. Buyer: the person who makes a purchase from the Seller via the aforementioned website.

  1. Seller: the foreign company that, either as a manufacturer or supplier, sells goods to the buyer.

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Article 2 - Buyer's rights

If the seller is established in a country within the EU or in Norway, Liechtenstein or Iceland, the EU Distance Selling Directive shall apply to the contracts concluded. All the rights and guarantees set out in this Directive shall therefore apply, including:

  1. The seller must provide the buyer with information about tax, payments, deliveries and fulfillment of the agreement clearly and in writing within a reasonable time.

  1. The Buyer shall receive the order within 60 days, unless another period is agreed. If a product is not or is no longer available, the Seller shall inform the Buyer. Any payments shall be refunded to the Buyer's account within thirty days, unless the Seller delivers a comparable product.

  1. The buyer has a minimum of fourteen days right of withdrawal, which means that the buyer can cancel the purchase without giving any reason. Any shipping costs incurred in this situation must be paid by the buyer. Any payments or deposits must be refunded within thirty days to a bank account designated by the buyer.

Article 3 - Mediation service

  1. The goods offered on the website are not sold by the website owner. These goods are sold by the seller. Accordingly, when the goods are purchased, a purchase agreement is concluded between the buyer and the seller.

  1. The goods are sold via the website by the seller.

  1. The Website Owner provides an intermediary service to the Seller. When ordering goods via the Website, the Website Owner is authorized as an intermediary, in the name of the Buyer and on behalf of the Buyer. The Website Owner is therefore authorized to order from the Seller in the Seller's name.

  1. The Seller is located outside the Netherlands, therefore the goods in question will be imported, this is always done in the name of the Buyer. Additional costs, such as import VAT and costs for (customs) clearance, shall also be borne by the Buyer.

  1. Payments to the Website Operator are made solely on the basis of providing and maintaining the mediation platform.

Article 4 - Financial regulation

  1. Payment for the purchased product is made through the website owner, the sales price is transferred to the seller after deducting the predetermined brokerage fee.

  1. The seller determines the prices used on the website.

  1. The seller pays a fixed amount per product sold to the website owner. This amount is determined in a separate agreement and applies only to the provision and maintenance of the brokerage platform.

Article 5 - Complaints

The buyer may submit any complaints regarding the implementation of the agreement to the seller.

The seller will respond to all complaints received within fourteen days.

If the buyer is dissatisfied with the procedure referred to in paragraph 1 of this article, he/she may turn to the Dispute Resolution Committee of the European Dispute Resolution Platform (https://ec.europa.eu/consumers/odr/).

Terms

TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Application
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and performance
Article 12 - Duration of transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 – Complaints procedure
Article 15 - Disputes
Article 16 - Additional or other provisions


ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions apply:

Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession, business or craft and who enters into a contract with the entrepreneur;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration transaction: an agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any (tool) means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unchanged reproduction of the stored information, including e-mail.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Model form: the withdrawal form provided to the consumer by the entrepreneur and which can be filled in by the consumer when he wishes to exercise his right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or (access to) digital content and/or services to consumers remotely;
Distance contract: contract where, within the framework of a system for distance selling of products and/or services organised by the entrepreneur, up to and including the conclusion of the contract, one or more techniques for distance communication with the consumer are exclusively used;
Distance communication technology: means that can be used to conclude a distance contract, without the consumer and the entrepreneur being together in the same room at the same time;
General Terms and Conditions: the current general terms and conditions of the entrepreneur.


ARTICLE 2 - CONTRACTOR'S IDENTITY
Contractor's name: Fulfillman
Company address; Yiwu Tongfu Trading Co., Ltd. Second Floor, Honghua Comprehensive Market, Honghua Community, Houzhai Street, Yiwu City, Zhejiang
Email address; info@fulfillman.com

ARTICLE 3 - APPLICABILITY
1. These general terms and conditions apply to every offer from the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be stated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur, in what way they can be viewed and that these general terms and conditions will be issued and sent free of charge as soon as possible upon request by the consumer.


3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph, before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can store it in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision in the event of conflicting general terms and conditions.
5. In the event that one or more provisions of these general terms and conditions are at any time declared wholly or partially invalid or void

these general terms and conditions will remain in force for the remainder and the relevant invalid or void provision will be replaced without delay in mutual consultation with a provision that comes as close as possible to the meaning of the original.
6. Situations not regulated in these general terms and conditions shall be assessed in accordance with these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained in accordance with these terms and conditions.

ARTICLE 4 - THE OFFER

If an offer has a limited validity period or is subject to conditions, this is clearly stated in the offer.

The offer is without obligation. The entrepreneur has the right to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful depiction of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and information in the offer are indicative and cannot give rise to damages or termination of the contract.

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

Each offer contains such information that it is clear to the consumer what rights and obligations are linked to acceptance of the offer. This applies in particular to:

  • The price, excluding customs costs and import VAT. These additional costs will be at the customer's responsibility and risk. The postal and/or courier service will use the special postal and courier service regime when importing goods into the EU country to which they are destined. The postal and/or courier service collects the VAT (if applicable together with the customs costs charged) from the recipient of the goods;
  • Any shipping costs;
  • How the agreement will be concluded and what measures are required for this;
  • Whether or not the right of withdrawal applies;
  • The payment method, delivery and execution of the contract;
  • The time for acceptance of the offer or the time within which the entrepreneur guarantees the price;
  • The ceiling rate for distance communication if the costs of using distance communication technology are calculated on a basis other than the usual basic price of the means of communication used;
  • Whether the contract is archived after conclusion and, if so, how the consumer can access it;
  • How the consumer, before the contract is concluded, can check and, if desired, correct the information he or she has provided in connection with the contract;
  • Any other languages, in addition to Dutch, in which the agreement can be concluded;
  • The codes of conduct to which the company has subscribed and how the consumer can access these codes electronically; and
  • The minimum length of the distance contract in a long-term transaction.

Optional: available sizes, colors, types of materials.



ARTICLE 5 - THE AGREEMENT
1. Subject to the provisions of paragraph 4, the contract is concluded at the time of the consumer's acceptance of the offer and compliance with the associated terms and conditions.
2. In the event that the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
3. 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 secure online environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. Within the legal framework, the entrepreneur may inform himself about whether the consumer can meet his payment obligations, as well as about all the facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request with justification or to impose special conditions on its implementation.
5. The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product or service or digital content:
a. the visiting address of the entrepreneur's establishment where the consumer can go to make a complaint;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;
c. information on warranties and available after-sales service;
d. the price, including taxes, of the product, service or digital content;
e. the cost of delivery, if applicable;
f. the method of payment, delivery or performance of the distance contract;
g. the requirements for termination of the contract if the contract

has a duration of more than one year or is of indefinite duration;
h. in the event that the consumer has a right of withdrawal, model right of withdrawal.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL
When delivering products:
1. When purchasing products, the consumer has the opportunity to terminate the contract within 14 days without giving any reason.

2. This cooling-off period begins on the day after the receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
In the event that:

a. the consumer has ordered several products in the same order, the cooling-off period begins on the day on which the consumer, or a third party designated by him, has received the last product. Provided that he has clearly informed the consumer of this before the ordering process, the entrepreneur may refuse an order for several products with different delivery times.
b. the delivery of a good consists of different shipments or parts, the cooling-off period begins on the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

c. the agreement extends to the regular delivery of products over a certain period, the cooling-off period begins on the day on which the consumer, or a third party designated by the consumer, has received the first product.

For services and digital content not provided on a tangible medium:
3. If a service contract or a contract for the supply of digital content has not been delivered on a tangible medium, the consumer may terminate the contract within fourteen days without giving any reason. These fourteen days begin on the day following the conclusion of the contract.

Extended withdrawal period for products, services and digital content not delivered on a substantial medium if you do not inform about the right of withdrawal:
4. If the entrepreneur has not provided the consumer with the statutory information on the right of withdrawal or the withdrawal model, the cooling-off period will expire twelve months after the end of the initial cooling-off period established in accordance with the previous paragraphs of this article.

5. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the start of the initial withdrawal period, the withdrawal period shall expire 14 days after the day on which the consumer received that information.

6. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product with all accompanying accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions from the entrepreneur.

7. If the consumer wishes to exercise his right of withdrawal, he is obliged to do so to the entrepreneur within 14 days of receiving the product. The consumer must notify this using the model form. After the consumer has indicated that he wishes to exercise his 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 proof of delivery.

ARTICLE 7 – COSTS FOR EXERCISING THE RIGHT OF WITHDRAWAL
1. When exercising the right of withdrawal by the consumer, the maximum return costs will be borne by the consumer.
2. The entrepreneur will refund the purchase price as soon as possible, but no later than 14 days after cancellation, using the same method used by the consumer. This requires return by the online retailer or conclusive evidence of complete return.
3. Any loss of value of the product caused by careless handling is for the consumer's account. This cannot be invoked if the entrepreneur has not provided all statutory information about the right of withdrawal. This must be done before the purchase contract is concluded.

ARTICLE 8 – EXCEPTION TO THE RIGHT OF WITHDRAWAL
1. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract, and it applies to one of the products listed in points 2 and 3.
2. Exclusion is only possible for the following products:
a. which has been established through the specifica entrepreneur agreement

consumer tape;
b. which are clearly personal in nature;
c. which may deteriorate or age rapidly;

d. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
e. for individual newspapers and magazines;
f. for audio and video recordings and computer software for which the consumer has broken the seal;
g. for hygiene products where the consumer has broken the seal.

3. Exclusion is only possible for the following services:
a. concerning accommodation, transport, restaurant activities or leisure activities to be carried out on a certain date or for a certain period of time;
b. whose delivery has begun with the consumer's express consent before the withdrawal period has expired;
c. regarding betting and lotteries

ARTICLE 9 - PRICE

During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the company has no control, at variable prices. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they are a consequence of statutory rules or regulations.

Price increases that occur after 3 months after the conclusion of the contract are only permitted if the company has agreed to this and:

  1. they are a consequence of statutory rules or regulations; or
  2. The consumer has the right to terminate the agreement from the date the price increase comes into effect.
    The place of delivery is, according to Article 5, first paragraph, of the Value Added Tax Act 1968, in the country where the transport begins. In the present case, this delivery takes place outside the EU. As a result, the postal or courier service will collect import VAT and/or customs duties from the recipient. The company will therefore not collect any VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the company is not obliged to deliver the product at the incorrect price.

Any additional customs duties and/or import taxes are not included in the price and are the responsibility of the customer.

ARTICLE 10 – WARRANTY AND CONFORMITY
1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for reliability and/or usability and the legal provisions in force on the date of conclusion of the contract. and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract. This includes any obligations of the entrepreneur, his supplier, importer or producer where he grants the consumer certain rights or claims that go beyond what is required by law in the event that he has failed to fulfill his part of the contract.

3. Any faulty or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.

4. The warranty does not apply if:
a. The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or processed by a third party;
b. The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the entrepreneur's instructions and/or have been treated on the packaging;
c. The deficiency is wholly or partly a consequence of regulations that the government has made or will make with regard to the nature or quality of the materials used.

ARTICLE 11 - DELIVERY AND PERFORMANCE
1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has notified the company.

3. Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders promptly but no later than 60 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 60 days after placing the order. In such a case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation.


4. All delivery times are indicative. The consumer cannot derive any rights from any stated conditions. Exceeding the conditions does not entitle the consumer to compensation.

5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement product available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement product will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipping are at the entrepreneur's expense.

7. The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.

ARTICLE 12 - DURATION OF TRANSACTIONS: DURATION, CANCELLATION AND EXTENSION
cancellation
1. The consumer may terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, in compliance with agreed termination rules and a notice period of no more than one month.

2. The consumer may terminate an agreement that has been concluded for a fixed period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the binding period, in compliance with the agreed termination rules and a notice period of no more than one month.

3. The consumer may enter into the agreements referred to in the preceding paragraphs:
a. cancel at any time and are not limited to cancelling at a specific time or during a specific period;
b. at least cancel in the same way as they were entered into by him;
c. always terminate with the same notice period that the entrepreneur has set for himself.
extension
4. An agreement concluded for a fixed period and extending to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

5. Contrary to the previous paragraph, a contract that has been concluded for a fixed period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months; if the consumer has extended this, he may terminate the contract towards the end of the extension with a notice period of no more than one month.

6. An agreement that has been concluded for a fixed period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

7. A contract of limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) does not continue tacitly and terminates automatically after the trial or introductory period.
Expensive
8. If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless fairness and reasonableness preclude termination before the end of the agreed term. to postpone.

ARTICLE 13 - PAYMENT
1. Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of an agreement to provide a service, this period shall apply after the consumer has received confirmation of the agreement.

2. The consumer is obliged to immediately report any inaccuracies in the payment details provided or disclosed to the entrepreneur.

3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs that the consumer has been notified of in advance.

ARTICLE 14 – COMPLAINTS PROCEDURE
1. The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the performance of the contract must be fully and clearly described within a reasonable time after the consumer discovers the deficiencies.

The reef is left to the entrepreneur.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a significantly longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

ARTICLE 15 - DISPUTES
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

ARTICLE 16 - ADDITIONAL OR MISCELLANEOUS PROVISIONS
Additional provisions or provisions that deviate from these general terms and conditions may not be to the disadvantage of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.