Terms & Conditions

TERMS AND CONDITIONS

 

Article 1 – Definitions
In these Terms and Conditions:

  • Cooling-off period: the period within which the Consumer may exercise the right of withdrawal.

  • Consumer: a natural person acting outside their trade, business or profession who enters into a Distance Contract with the Entrepreneur.

  • Day: calendar day.

  • Duration contract: a Distance Contract covering a series of products and/or services, with delivery and/or performance spread over time.

  • Durable medium: any means that enables the Consumer or the Entrepreneur to store personally addressed information so it can be accessed and reproduced unchanged in the future.

  • Right of withdrawal: the Consumer’s option to cancel a Distance Contract within the Cooling-off period.

  • Model withdrawal form: the standard form provided by the Entrepreneur which the Consumer may use to exercise the right of withdrawal.

  • Entrepreneur: the natural or legal person offering products and/or services at a distance to Consumers.

  • Distance Contract: a contract concluded within an organized system for distance selling of products and/or services, using one or more means of remote communication up to and including the conclusion of the contract.

  • Means of remote communication: any tool used to conclude a contract without the Consumer and Entrepreneur being simultaneously present in the same location.

  • Terms and Conditions: these general Terms and Conditions of the Entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Business name: Urbano The Label

  • Chamber of Commerce number: 12345678 (TEST)

  • Registered office: Beyaertlaan 25, 1967 NP Heemskerk, North Holland, The Netherlands

  • Contact: hey@urbanothelabel.com

Article 3 – Scope of Application

  1. These Terms apply to every offer by the Entrepreneur, every Distance Contract, and all orders between Entrepreneur and Consumer.

  2. Before concluding a Distance Contract, the text of these Terms will be made available to the Consumer in a durable medium. If that is not reasonably possible, the Consumer will be informed how to access them and can request a free copy.

  3. If the Contract is concluded electronically, the Terms may be provided electronically in a way the Consumer can store on a durable medium. If that is not possible, the Consumer will be told where to find them online and that they can request a free copy.

  4. If product- or service-specific conditions also apply, the second and third paragraphs apply and the Consumer may always invoke the provision most favorable to them.

  5. If any provision of these Terms is void or annulled, the remainder remains in force and the parties will replace the void provision with one that approximates its original intent.

  6. Unforeseen situations and ambiguities are interpreted in the spirit of these Terms.

Article 4 – The Offer

  1. If an offer has a limited validity period or conditions, this will be explicitly stated.

  2. All offers are without obligation; the Entrepreneur may amend or withdraw them.

  3. Offers contain a complete and accurate description of the products/services, sufficiently detailed for proper assessment. Illustrations are truthful representations; obvious errors do not bind the Entrepreneur.

  4. All images and specifications are indicative; minor deviations (e.g. color differences) do not entitle compensation.

  5. Each offer includes at least: price (including VAT), shipping costs, contract formation process, applicability of the right of withdrawal, payment and delivery methods, offer acceptance period, communications costs if not at standard rates, contract archiving details, method for the Consumer to review and correct input data, available contract languages, applicable codes of conduct and how to access them electronically, and minimum contract duration for duration contracts.

Article 5 – Formation of the Contract

  1. The Contract is formed when the Consumer accepts the offer and meets the stated conditions.

  2. For electronic acceptance, the Entrepreneur confirms receipt without delay; until confirmation, the Consumer may rescind.

  3. The Entrepreneur implements appropriate technical and organizational measures to secure electronic data transmission and payment.

  4. Within legal limits, the Entrepreneur may verify the Consumer’s ability to pay and refuse or condition orders for reasonable grounds.

  5. Upon conclusion, the Entrepreneur provides the Consumer (on paper or durable medium) with: the address for complaints, withdrawal conditions and procedures, warranty and after-sales service information, the data listed under Article 4.5 (unless already provided), and termination requirements for contracts longer than one year or of indefinite duration. For duration contracts, this obligation applies only to the first delivery.

  6. All Contracts are subject to the condition of sufficient product availability.

Article 6 – Right of Withdrawal
Products:

  1. The Consumer may cancel the Contract within 14 days without giving reasons, starting the day after delivery.

  2. During this period the Consumer handles the product and packaging carefully and only uses it as needed to assess whether to keep it. If withdrawing, the Consumer returns the product with all accessories and, if reasonably possible, in original condition and packaging, following clear instructions.

  3. To withdraw, the Consumer must notify the Entrepreneur within 14 days using the model form; the product must be returned within 14 days of notification, with proof of shipment.

  4. If the Consumer fails to notify or return in time, the sale is final.

Services:
5. For services, the Consumer may cancel within at least 14 days from the day after the Contract is formed, following the provided instructions.

Article 7 – Costs in Case of Withdrawal
If the Consumer exercises the right of withdrawal, they bear the direct cost of returning the goods, unless otherwise agreed or unless the Entrepreneur failed to inform them of this.

Article 8 – Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to:

  • Products made to Consumer specifications or clearly personalized.

  • Products which by nature cannot be returned.

  • Products prone to rapid spoilage or aging.

  • Sealed audio, video, software or hygiene products opened by the Consumer.

  • Newspapers and magazines, except subscriptions.

  • Services fully performed with the Consumer’s prior express consent and acknowledgement of loss of withdrawal right.

  • Wagering and lottery services.

Article 9 – Pricing

  1. Prices quoted during the validity period include VAT and will not increase, except for regulatory VAT changes.

  2. Variable-price products tied to financial market fluctuations are clearly indicated and treated as estimates.

  3. Obvious typographical errors do not bind the Entrepreneur.

Article 10 – Conformity and Warranty

  1. The Entrepreneur guarantees that products/services comply with the Contract, offer specifications, reasonable quality and legal requirements at the time of Contract formation.

  2. Any manufacturer’s warranty does not affect statutory Consumer rights.

  3. Defects or incorrect deliveries must be reported in writing within 2 months of delivery; returns must be in original, unused condition.

  4. The Entrepreneur’s warranty period matches the manufacturer’s.

  5. Warranty is void if the Consumer or third parties alter or misuse the product, or if government regulations cause non-conformity.

Article 11 – Delivery and Performance

  1. The Entrepreneur exercises greatest care in order handling and service assessment.

  2. Delivery takes place at the address provided by the Consumer.

  3. Accepted orders are delivered within 30 days, unless a longer period is agreed. If delayed or partially unfulfillable, the Consumer is informed within 30 days and may cancel without cost.

  4. All delivery times are indicative; delays do not entitle compensation.

  5. Upon valid cancellation, payments are refunded within 14 days.

  6. If products become unavailable, a suitable replacement is offered; return costs for replacements are borne by the Entrepreneur.

  7. Risk transfers upon delivery to the Consumer or their designated representative, unless agreed otherwise.

Article 12 – Duration Contracts: Termination and Renewal
Termination:

  • Indefinite contracts for regular delivery of goods/services may be terminated at any time with a maximum one-month notice, under agreed rules.

  • Fixed-term contracts may be terminated at term end with a one-month notice under agreed rules.

  • Consumers may terminate at any time, not limited to specific dates, by the same method and notice period as the Entrepreneur.

Renewal:

  • Fixed-term delivery contracts may not be silently renewed for a further fixed term.

  • Exception: periodical publications may renew for up to three months, cancelable with one-month notice.

  • Long-term fixed-term contracts may only silently convert to indefinite duration if cancelable at any time with one-month notice (and up to three months for less-than-monthly periodicals).

  • Trial subscriptions end automatically after the trial period.

Article 13 – Payment

  1. Unless agreed otherwise, amounts owed are due within 7 days of the Cooling-off period start. For services, this period starts upon Contract confirmation.

  2. The Consumer must promptly report any incorrect payment details.

  3. In case of default, reasonable collection costs may be charged, within legal limits.

Article 14 – Complaints Procedure

  1. The Entrepreneur maintains a published complaints procedure.

  2. Complaints must be submitted in full within 2 months of defect discovery.

  3. Complaints are acknowledged within 14 days; if more time is needed, the Consumer receives an initial response and an expected timeline for resolution.

  4. If unresolved, disputes may be submitted via the European ODR platform (http://ec.europa.eu/odr).

  5. A substantiated complaint entitles the Consumer to free repair or replacement at the Entrepreneur’s discretion.

Article 15 – Dispute Resolution
Contracts under these Terms are governed exclusively by Dutch law, even if the Consumer resides abroad. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions
Any additions or deviations from these Terms must not disadvantage the Consumer and must be recorded in writing or on a durable medium.