Article 1 – Introduction

Little Magic Room, trading under the name www.littlemagicroom.nl, is located at Valkenboskade 90, 2563 GV The Hague, with a contact telephone number +31/6 47 328 745 and email address info@littlemagicroom.nl. Registered with the Chamber of Commerce under number 92413218 and VAT identification number NL004949765B20. 

In the following, “the shop” refers to Little Magic Room, and “the consumer” refers to our clients.

Article 2 – Applicability

These general terms and conditions apply to all offers made by the shop and to every distance contract concluded between the shop and the consumer. 

Before the distance contract is finalized, the consumer will have access to the text of these general terms and conditions.

In the case of electronic contracts, the shop will make the text of these general terms and conditions electronically accessible to the consumer before the contract is concluded. 

Article 3 – Offer

Any offer with a limited validity period or subject to conditions will be explicitly stated.

The offer provides a detailed and accurate description of the products and/or services, accompanied by true representations through images. Any mistakes or errors in the offer do not bind the shop.

Each offer includes information ensuring the consumer understands their rights and obligations associated with accepting the offer.

Article 4 – Agreement

The agreement is considered concluded at the moment of the consumer’s acceptance of the offer and compliance with the specified conditions. 

Electronic acceptances are promptly confirmed. Until receipt confirmation, the consumer retains the right to terminate the agreement.

For electronic agreements, the shop ensures secure data transfer and a safe web environment for payment.

Article 5 – Right of Withdrawal

The right of withdrawal is not applicable to personalized products created based on individual consumer preferences, as the majority of products sold by Littlemagicroom.nl fall into this category. These bespoke items are crafted in accordance with the specific and unique desires of the consumer and are, therefore, not mass-produced. Due to their tailor-made nature, manufactured based on individual consumer choices, the consumer generally does not possess the right of withdrawal for these personalized products. The exclusion of the right of withdrawal is also subject to the provisions outlined in Article 9 of these general terms and conditions.

For non-personalized products and services, the consumer is entitled to a 14-day cooling-off period to terminate the agreement without providing reasons. 

The 14-day cooling-off period initiates on the day following the receipt of the product by the consumer, or by a third party designated by the consumer, excluding the carrier.

Article 6 – Obligations of the Consumer during the Reflection Period

During the cooling-off period, the consumer is expected to handle the product and packaging with care. Unpacking or using the product is only permitted to the extent necessary for a reasonable assessment of its nature, characteristics, and operation.

The consumer is liable for the depreciation of the product only if handling goes beyond what is necessary for assessment.

Article 7 – Exercise of the Right of Withdrawal and its Costs

To exercise the right of withdrawal, the consumer must notify info@littlemagicroom.nl within the cooling-off period. 

As soon as possible, but in any case within 14 days after the notification, the consumer must promptly return the received products in their original condition and packaging, following the shop’s provided instructions. 

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

The direct costs of returning the product are borne by the consumer. 

In the event of withdrawal, all additional agreements are automatically dissolved.

Article 8 – Obligations of the Shop in the Event of Withdrawal

In case the consumer notifies withdrawal electronically, the shop promptly sends a confirmation of receipt. 

Following the exercise of the right of withdrawal, the shop will reimburse all payments made by the consumer within 14 days, with the exception of delivery costs if the products have been shipped.

The shop uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

Article 9 – Exclusion of the Right of Withdrawal

The shop reserves the right to exclude certain products and services from the right of withdrawal. These exclusions include:

• Products made to consumer specifications (eg. personalized products). Products not prefabricated, crafted based on individual consumer choices, or intended for a specific person.
• Natural products (e.g., Leather, Stone, and Wood Products). Natural variations may exist among individual items, such as visible veins, pores, scars, minor color differences, and/or insect bites. These differences contribute to the authenticity of the item and are not considered defects. Consequently, they cannot be a valid reason for withdrawal.
• Products irreversibly mixed with other products after delivery. Products that, by their nature, become inseparable from other items after delivery.

Article 10 – Intellectual Property

The shop retains rights under the Copyright Act. Materials created by the shop, including designs, sketches, drawings, films, texts, audio recordings, gifts, and other materials, remain the property of the shop unless agreed otherwise.

All documents provided by the shop are exclusively intended for the consumer’s use and may not be reproduced, made public, or shared with third parties without the shop’s prior consent.

The shop reserves the right to use acquired knowledge for other purposes, provided no confidential information is disclosed.

All content on the website is the property of the shop and may not be reproduced or made public without written permission.

The consumer is required to fully and unconditionally respect all intellectual and industrial property rights attached to the goods delivered by the shop.

The shop does not guarantee that the delivered goods do not infringe any intellectual and/or industrial property rights of third parties and disclaims liability in case of claims from third parties.

Article 11 – The Price

The prices presented in the product or service offers are in Euros and include the applicable sales tax (VAT).

Throughout the validity period indicated in the offer, the prices for the offered products and/or services will remain unchanged, with the exception of adjustments due to alterations in VAT rates.

In the event that a price increase occurs, not stemming from legal regulations or provisions, the consumer retains the right to cancel the contract on the very day when the price adjustment becomes effective.

Article 12 – Warranty

The shop assures that the products and/or services adhere to the terms of the agreement, the specifications outlined in the offer, and meet the reasonable standards of reliability and usability. Additionally, they comply with the legal provisions in effect at the time of the agreement’s conclusion and/or relevant government regulations.

It’s acknowledged that natural products, including but not limited to leather, stone, and wood items, may display individual variations. These inherent differences are not grounds for assuming non-conformity, and the shop disclaims any liability in this regard.

Any supplementary guarantee provided by the shop, its supplier, manufacturer, or importer does not impact the rights and claims that the consumer can assert under the law and/or the distance contract if the shop fails to fulfill its obligations.

Article 13 – Delivery

The shop will diligently handle orders for products and carefully evaluate service requests, ensuring the utmost care in the execution process.

The delivery location is the address communicated by the consumer to the shop.

Accepted orders will be processed promptly, with a commitment to completion within 30 days, unless an alternative delivery period is agreed upon. If a specified delivery term is provided, it is indicative. In instances of delays or inability to fulfill an order, or if only partial fulfillment is possible, the consumer will be notified within 30 days of placing the order. In such cases, the consumer has the right to terminate the agreement without incurring any costs.

Upon agreement termination, the shop will promptly refund the amount paid by the consumer. 

The responsibility for product damage or loss rests with the shop until the moment of delivery to the consumer, unless expressly agreed otherwise.

The shop holds no liability for printing errors on its products, which have been entered incorrectly by the consumer. The same principle applies to all address and delivery information and other details provided by the consumer.

The shop fulfills its delivery obligation when the goods from Little Magic Room are offered to the customer. For home deliveries, the carrier’s report, which includes the refusal of acceptance, serves as conclusive proof of the delivery offer, unless evidence to the contrary is provided.

In the event of rejected goods, the buyer bears the responsibility for return freight and storage costs, as well as the risk of damage or loss of the declined items unless the buyer legitimately invokes the right to cancel the purchase or replace the goods.

Article 14 – Payment

Unless otherwise agreed, consumer payments must be made within 14 days after the invoice date or, in the case of a service agreement, within 14 days after receiving confirmation.

If the consumer exercises the statutory right of withdrawal, payments are due within 14 days of the cooling-off period. Failure to make payment within the agreed period puts the consumer in default, incurring interest of 1% per month on the outstanding amount and reminder costs. 

In case of (extra)judicial measures due to non-payment, the associated costs are borne by the consumer.

Article 15 – Applicable Law and Competent Court

Agreements governed by these general terms and conditions are exclusively subject to Dutch law. 

Disputes are under the jurisdiction of the judge in the shop’s place of business unless the subdistrict court has jurisdiction. 

Both the shop and the consumer retain the right to submit the dispute to the competent court as per the law.

Parties will only approach the court after making every effort to settle disputes mutually.

Contact Information

For inquiries regarding these terms and conditions, contact us at info@littlemagicroom.nl.

Updates

The shop reserves the right to update these terms and conditions. Check the modification date at the bottom of the page for the latest version.

Last Updated: 24.01.2024