Terms and conditions

Terms of Use and Conditions of Service Overview This website is operated by WHITE. Throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to WHITE. WHITE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you are participating in our ‘Service’ and agree to be bound by the following terms and conditions (‘Terms of Use’, ‘Terms’), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, sellers and/or content contributors. Please read these Terms of Use carefully before visiting or using our website. By visiting or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not visit the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use. Any new features or tools added to the current store are also subject to the Terms of Use. You can view the latest version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part General Terms and Conditions Article 1 - Definitions For the purposes of these Terms and Conditions, the following definitions apply: Withdrawal 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 or business and enters into a distance contract with the entrepreneur; Day: calendar day; Duration transaction: A distance contract 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 means enabling the consumer or the entrepreneur to store information addressed to him personally, 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 withdrawal period; Trader: natural or legal person offering goods and/or services to consumers at a distance; Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance marketing of goods and/or services, exclusive use is made, up to and including the conclusion of the contract, of one or more means of distance communication; Means of distance communication: means which may be used to conclude a contract without the consumer and the trader being present in the same room at the same time; General conditions: the current general conditions of the trader. Article 2 - Right of withdrawal The consumer has the right to withdraw from the contract within a cooling-off period of 14 days without giving reasons. During the cooling-off period, the consumer must handle the product and packaging with care. If the consumer exercises his right of withdrawal, he will return the product with all the accessories supplied and, if possible, in its original condition, in accordance with reasonable instructions from the entrepreneur. Article 3 - Applicability These general conditions apply to all offers made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer. Prior to the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible on request. If the distance contract is concluded electronically, contrary to the previous paragraph and before the conclusion of the distance contract, the text of these general conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated, prior to the conclusion of the distance contract, where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request. electronically or otherwise. Where specific product or service conditions apply in addition to these general conditions, the second and third subparagraphs shall apply mutatis mutandis and, in the case of conflicting general conditions, the consumer may always rely on the applicable provision which is most favourable to him. If at any time one or more provisions of these general terms and conditions are wholly or partially null and void or are cancelled, the contract and these terms and conditions shall otherwise continue to apply and the provision concerned shall be replaced without delay by mutual agreement by a provision which comes as close as possible to the meaning of the original provision. Situations not regulated in these General Conditions shall be judged ‘in the spirit’ of these General Conditions. Uncertainty about the interpretation or content of one or more provisions of our Terms and Conditions shall be interpreted ‘in accordance with the spirit’ of these General Terms and Conditions. Article 4 - The offer If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur has the right to change and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a correct assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot be a reason for replacement or dissolution of the agreement. Pictures of products are a true representation of the products offered. The operator cannot guarantee that the colours shown correspond exactly to the real colours of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to: any costs of delivery, how the contract will be concluded and the steps necessary for this, whether or not the right of withdrawal applies, the method of payment, delivery and performance of the contract, the time for acceptance of the offer or the time within which the trader guarantees the price, the level of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard basic tariff for the means of communication used whether the contract will be archived after it has been concluded and, if so, how the consumer can access it, how the consumer can, before the conclusion of the contract, verify the information provided by the consumer in connection with the contract and, if desired, correct it, any other languages, other than Dutch, in which the contract can be concluded, the codes of conduct to which the trader has subscribed and how the consumer can access those codes of conduct electronically, and the minimum duration of the distance contract in the case of a transaction lasting for a long period of time. Optional: available sizes, colours, type of material. Article 5 - The contract The contract is concluded, subject to the provisions of paragraph 4, at the time when the consumer accepts the offer and fulfils the conditions set out therein. If the consumer has accepted the offer electronically, the trader will immediately acknowledge receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to protect the electronic transmission of data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur must take appropriate security measures. The trader may - within the legal framework - inquire about the consumer's ability to fulfil his payment obligations, as well as all the facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to conclude the contract, he has the right to refuse an order or application or to attach special conditions to its execution, while giving reasons. The trader shall send the following information to the consumer together with the goods or services, in writing or in such a way that the consumer can store it in an accessible way on a durable medium: a. the address of the trader's office where the consumer can lodge a complaint; b. the conditions and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal does not apply; c. information on guarantees and existing after-sales services; d. the information referred to in Article 4(3) of these conditions, unless the trader has already provided this information to the consumer prior to the fulfilment of the contract; e. the conditions for terminating the contract if the contract has a duration of more than one year or is for an indefinite period. In the case of a transaction lasting for a certain period of time, the provision of the previous paragraph applies only to the first delivery. Each contract is concluded under suspensive conditions of sufficient availability of the relevant products. Article 6 - Right of withdrawal When purchasing products, the consumer has the possibility to withdraw from the contract without giving reasons during a period of 14 days. This reflection period starts the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. During the reflection period, the consumer will handle the product and its 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 to the entrepreneur with all the accessories supplied and - if reasonably possible - in its original condition and original packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer should notify this by a written notice/email. After the consumer has notified that he wants to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of a dispatch note. If the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact. Article 7 - Costs in case of right of withdrawal If the consumer exercises his right of withdrawal, the costs of returning the products are at the expense of the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after cancellation. This applies on condition that the product has already been taken back by the entrepreneur or that conclusive proof of full return can be presented. Article 8 - Exclusion of right of withdrawal The entrepreneur can exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this in the offer, or at least in good time before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products: a. that were created by the entrepreneur according to the consumer's specifications; b. that are clearly personalised in nature; c. that cannot be returned due to their nature; d. that spoil or age quickly; e. whose price is subject to fluctuations in the financial market over which the trader has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software for which the consumer has broken the seal; h. for hygiene products for which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: a. relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period; b. the supply of which has begun with the consumer's express consent before the end of the cooling-off period; c. relating to betting and lotteries. Article 9 - Price During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that all prices mentioned are target prices will be mentioned in the offer. Price increases within 3 months of the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only allowed if the trader has so indicated and: a. they are the result of statutory provisions or regulations; or b. the consumer has the right to terminate the contract on the day the price increase takes effect. 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 contractor is not obliged to deliver the product according to the incorrect price.Delays or additional costs ( e.g. customs duties ) may arise from the import of goods, these costs and risks are entirely the responsibility of the customer. Article 10 - Conformity and warranty The trader guarantees 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 and/or government regulations in force on the date of conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use. A guarantee given by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract. Any defective or incorrectly delivered products shall be reported to the trader in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition. The contractor's warranty period corresponds to the factory's warranty period. However, the contractor is never liable for the ultimate suitability of the products for each individual application by the consumer, or for any advice regarding the use or application of the products. The warranty does not apply if: the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party; the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the contractor's instructions and/or have been treated on the packaging; the inadequacy is wholly or partly the result of regulations that the government has laid down or will lay down regarding the nature or quality of the materials applied. Article 11 - The goods are shipped directly from a third country and the webshop does not handle the import of the goods into the Netherlands itself. The delivery is handled directly by the supplier in the third country. Delivery and execution The entrepreneur shall take the greatest possible care when receiving and executing product orders. Subject to what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders promptly but within 30 days at the latest, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to cancel the contract free of charge and to claim any damages. In the event of cancellation in accordance with 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 every effort to provide a replacement article. At the latest at the time of delivery, it will be clearly and comprehensibly indicated that a replacement item is being delivered. With replacement items, the right of cancellation cannot be excluded. The costs of any return transport shall be borne by the contractor. The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise. Article 12 - Transactions with an extended duration: cancellation and extension of the duration Cancellation The consumer may cancel an open-ended contract for the regular supply of goods (including electricity) or services at any time, subject to the agreed cancellation rules and a maximum notice period of one month. The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term period, subject to the agreed cancellation rules and a notice period not exceeding one month. The consumer may terminate the contracts referred to in the previous paragraphs: at any time and not be limited to termination at a specific time or during a specific period; at least terminate them in the same way as they were concluded by him; always terminate them with the same notice period that the entrepreneur has set for himself. Renewal A fixed-term contract concluded for the regular supply of goods (including electricity) or services may not be renewed implicitly or renewed for a fixed period. Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and periodicals may be renewed tacitly for a fixed period not exceeding three months, provided that the consumer may terminate the renewed contract at the end of the renewal period by giving not more than one month's notice. A fixed-term contract concluded for the regular supply of goods or services may only be renewed implicitly for an indefinite period if the consumer can terminate it at any time with a period of notice not exceeding one month and a period of notice not exceeding three months if the contract is for the regular supply of daily or weekly newspapers or periodicals, but less than once a month. A fixed-term contract for the regular supply of daily or weekly newspapers and periodicals by way of introduction (trial or introductory subscription) is not implicitly renewed and automatically terminates after the trial or introductory period. Duration If a contract lasts longer than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless there are reasonable and justifiable grounds for cancelling before the end of the agreed period. Article 13 - Payment Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract. The consumer has the obligation to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur. If the consumer fails to pay, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs of which the consumer has been informed in advance.Liability for import duties and VAT: The customer is responsible for paying any import duties and VAT upon receipt of the goods. Article 14 - Complaints procedure Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found the shortcomings. 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 the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure. A complaint does not cancel the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is considered valid by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge. Article 15 - Disputes Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general conditions apply. Even if the consumer is resident abroad. Delivery policy What is the delivery period? The delivery period consists of two periods: - Processing time: Within 1 working day after your order has been checked, approved and packed. Your parcel will then be prepared for transport - Delivery time: 8-14 working days. All delivery times exclude customs delays. Delays may occur during busy periods such as Christmas, Black Friday and New Year. WHAT IS THE SHIPPING COST? We offer our customers free premium shipping worldwide. This includes insurance in case of theft, loss or damage to the parcel. WHERE IS MY PARCEL? Once the parcel has been dispatched, you will receive an email with a tracking number. You can track your order here: https://sophia-maya.com/pages/itrack For logistical reasons, the shipment may be sent in several partial deliveries. IS MY TRACKING NUMBER NOT WORKING? It may take up to 5 working days to update the location. We ask for your patience. If the tracking does not provide any information, please contact us. Privacy Policy Privacy Policy This Privacy Policy describes how white-melbourne.com collects, uses and discloses your personal information when you visit the site or make a purchase on the site. Collecting Personal Information When you visit the Site, we collect certain information about your device, your interaction with the Site, and information needed to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as ‘personal information’. Please see the list below for more information about what personal information we collect and why. Device information Examples of personal information collected: browser version, IP address, time zone, cookie information, what websites or products you view, search terms and how you interact with the website. Purpose of collection: to load the website correctly for you and to perform website usage analysis to optimise our website. Source of collection: collected automatically when you visit our website using cookies, log files, web beacons, tags or pixels Disclosure for business purposes: shared with our processor Shopify Order Information Examples of personal data collected: name, billing address, shipping address, payment information (including credit card number), email address and phone number. Purpose of collection: to provide products or services to you Return to page Consumer right of withdrawal (A consumer is a natural person in the context of a legal transaction, which essentially cannot be counted as part of their business or self-employed activity). Information on right of withdrawal Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall be 14 days from the day - on which you or a third party indicated by you, other than the carrier, has taken possession of the goods, insofar as you have ordered one or more goods under a single order and these are to be delivered or have been delivered in a single consignment; - at which you, or a third party indicated by you, who is not the carrier, have taken possession of the last goods, insofar as you have ordered one or more goods under a single order and they will be delivered or have been delivered in a uniform manner; To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract, this can be done by sending an email to: Support@white-melbourne.com. For this purpose, you can use the attached model withdrawal form, which is however not mandatory. In order to comply with the cancellation period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the cancellation period. Consequences of withdrawal If you withdraw from this contract, we shall immediately and at the latest within 14 days from the day on which the notice of withdrawal is received by us refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest type of standard delivery offered by us). For this refund, we will use the same means of payment that you used for the original transaction, unless you have explicitly agreed otherwise; under no circumstances will this refund incur any additional costs for you. We may refuse a refund until we have received the returned goods back or until you have provided proof that the goods were sent to you, whichever occurs first. You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you informed us that you are withdrawing from this contract. The deadline is met if you return the goods before the two-week deadline has expired. You bear the direct costs of returning the goods. You only have to pay for the depreciation of the goods if this depreciation is due to unnecessary handling by you and this after checking the nature, characteristics and functioning of the goods. Reasons for exclusion and termination The right of withdrawal does not apply to contracts - for the supply of goods that are not prefabricated and for their manufacture on the basis of an individual choice or by decision of the consumer that are essential or clearly tailored to the consumer's personal needs - for the supply of alcoholic beverages, the price of which has been agreed in the contract, which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market, over which the trader has no control; - for the supply of newspapers, magazines or periodicals, with the exception of subscriptions. The right of withdrawal expires early for contracts: - for the supply of sealed goods which are unsuitable for return for health or hygiene reasons if the seal has been removed after delivery; - for the supply of goods if they have been inseparably mixed with other goods after delivery because of their nature; - for the supply of audio and video recordings and computer programmes in a sealed package if the seal has been removed after delivery. Example of cancellation form In any case, before returning the goods to us, please contact us at the following email address: Support@white-melbourne.com The return address on our packages is not our return address. Upon request, you will receive our return address by email. If you wish to cancel the contract, please fill in this form and send it by e-mail to. I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following services (*) _______________________________________________________ _______________________________________________________ Ordered on (*) ____________/received on (*) __________________ ________________________________________________________ Name of consumer(s) ________________________________________________________ Address of consumer(s) ________________________________________________________ Signature of consumer(s) (only in case of paper communication) _________________________ Date (*) Delete where not applicable.