TERMS AND CONDITIONS

Kelly Louis General Terms and Conditions

These General Terms and Conditions (GTC) dictate the rules for all offers presented by the Entrepreneur and apply to every Distance Contract finalized with the Consumer.

Article 1 – Glossary of Terms For the purposes of these terms, the following definitions apply:

  • Cooling-off Period: The legally defined timeframe during which the Consumer can exercise their Right of Withdrawal.

  • Consumer: A natural person entering into a Distance Contract for reasons outside of their trade, craft, profession, or business activities.

  • Day: A standard calendar day.

  • Long-term Transaction: A contract structured around the continuous or periodic supply or purchase of goods/services over a specific duration.

  • Durable Medium: Any instrument enabling the Consumer or Entrepreneur to store information addressed personally to them in a way that allows future consultation and prevents alteration of the stored data.

  • Right of Withdrawal: The statutory privilege of the Consumer to cancel the Distance Contract within the Cooling-off Period without penalty.

  • Entrepreneur: The natural or legal person (Kelly Louis) providing products or services to Consumers from a distance.

  • Distance Contract: An agreement made via an organized system for remote sales, where the contract is concluded entirely using one or more Means of Remote Communication.

  • Means of Remote Communication: Any technology used to finalize an agreement without the Entrepreneur and Consumer being in the same physical space.

  • General Terms and Conditions (GTC): The present set of rules governing the agreement.

Article 2 – Entrepreneur Details

  • Company Name: Available Upon Request

  • Customer Support Email: support@kelly-louis.com

  • Trade Registry Number: Available Upon Request

  • VAT Number: Available Upon Request

Article 3 – Application and Availability These conditions are unconditionally applicable to every quotation from the Entrepreneur and all resulting Distance Contracts formed with the Consumer. Prior to finalizing any contract, the Consumer will be provided with the full text of these GTC. Should direct physical provision be impossible, the Entrepreneur will indicate where the conditions can be viewed electronically and will send a free copy upon request. For agreements concluded digitally, these terms will be supplied in an electronic format that the Consumer can easily save onto a Durable Medium. In the event of a conflict between these GTC and specific product/service rules, the condition that is most advantageous to the Consumer will prevail. If a court finds any specific clause within these terms to be invalid or unenforceable, the rest of the document will remain in full force. The invalid clause will be substituted with a valid provision that closely mirrors the original economic intent. Scenarios not expressly covered here should be interpreted in alignment with the general spirit of these terms.

Article 4 – Proposals and Offers If an offer has a limited lifespan or is bound by specific conditions, this will be explicitly stated. All proposals are provided on a non-binding basis, giving the Entrepreneur the right to alter or retract them. The Entrepreneur guarantees that product and service descriptions are highly accurate and sufficiently detailed for the Consumer to make an informed choice. While visual representations strive for accuracy, obvious typographical or photographic errors do not legally bind the Entrepreneur. Images, specs, and general data are indicative; discrepancies cannot serve as grounds for contract dissolution or compensation. Exact color representation on digital screens cannot be guaranteed. Acceptance of an offer comes with specific rights and duties, which are clearly outlined, including:

  • Pricing: Quoted prices exclude import VAT and customs duties. Because items are imported into the EU, these substantial extra charges are the recipient's responsibility and will be collected by the delivery service.

  • Applicable shipping fees.

  • The exact procedure for contract formation.

  • The applicability (or lack thereof) of the Right of Withdrawal.

  • Specifics regarding payment, delivery, and order execution.

Article 5 – Forming the Agreement A legally binding contract is established as soon as the Consumer accepts the Entrepreneur's offer and meets the stipulated conditions. When acceptance occurs electronically, the Entrepreneur must promptly send an electronic confirmation. The Consumer may dissolve the agreement at any point before this confirmation is received. The Entrepreneur is responsible for implementing strict technical and organizational safeguards to protect digital data transfers and maintain a secure payment gateway. The Entrepreneur reserves the right, within legal frameworks, to verify the Consumer's capacity to fulfill payment obligations. If this assessment yields negative results, the Entrepreneur may reject the order or attach special conditions to its execution. Upon delivery, the Entrepreneur will include essential information on a Durable Medium, such as the withdrawal procedure, warranty details, contact information for grievances, and rules for terminating long-term agreements. All contracts are formed under the suspensive condition that the requested items are sufficiently in stock.

Article 6 – Exercising the Right of Withdrawal Consumers have a 30-day reflection window to cancel the purchase without providing a reason. This period begins the day after the Consumer, or a pre-designated third party, physically receives the item. Throughout this window, the Consumer is expected to handle the goods and packaging with the utmost care, utilizing the product only to the extent required to assess its nature and characteristics. To trigger this right, the Consumer must send a written notification (via email) to the Entrepreneur before the 30-day period expires. Following this notification, the goods must be dispatched back within another 30 days. The Consumer bears the burden of proving timely dispatch. The purchase becomes final and binding if the Consumer does not notify the Entrepreneur or fails to return the goods within these designated timeframes.

Article 7 – Financial Implications of Withdrawal Should the Consumer choose to use their Right of Withdrawal, they are fully responsible for all shipping costs associated with returning the item. The Entrepreneur is obligated to reimburse the original purchase amount as quickly as possible. This refund will be issued no later than 14 days post-withdrawal, provided the returned goods have been received or the Consumer has supplied verifiable proof of return shipment.

Article 8 – Exceptions to the Right of Withdrawal The Entrepreneur retains the right to exclude specific goods or services from the Right of Withdrawal, provided this is clearly stated in the initial offer prior to purchase. Common exclusions include items that are:

  • Custom-made to the Consumer's exact specifications.

  • Highly personalized or unsuitable for return due to hygiene and health protection standards (if unsealed post-delivery).

  • Subject to rapid decay or have a limited shelf life.

  • Tied to financial market fluctuations that the Entrepreneur cannot control.

Article 9 – Pricing Policy Prices will not fluctuate during the validity period mentioned in the offer, with the exception of changes driven by statutory VAT rate modifications. Products heavily dependent on volatile financial markets may be offered at variable prices, provided the offer clearly mentions this market dependency. Post-contract price hikes are prohibited unless mandated by law, or if the Consumer is granted the immediate right to terminate the contract upon the price increase. All displayed prices exclude import duties and standard VAT. Since goods are shipped from outside the EU, the courier will mandate the payment of these import costs upon delivery. The Entrepreneur is not obligated to honor incorrectly displayed prices resulting from obvious printing or system errors.

Article 10 – Product Conformity and Guarantees The Entrepreneur ensures that all delivered goods match the contract descriptions, meet reasonable standards of reliability and utility, and comply with existing laws at the time of purchase. Any supplementary commercial guarantees provided by the Entrepreneur do not limit the Consumer's statutory rights under the law. Consumers must report defective items or incorrect deliveries in writing within 30 days of receipt. Returned goods must be in pristine condition and housed in their original packaging. Warranties become entirely void if the goods have been modified, repaired by unauthorized third parties, or subjected to improper use contrary to the provided guidelines.

Article 11 – Order Fulfillment and Delivery The Entrepreneur commits to executing all orders with maximum diligence, delivering to the exact address specified by the Consumer. Standard fulfillment occurs promptly and generally within 30 days, unless a different timeline was mutually agreed upon. If a delay occurs or an order cannot be fulfilled, the Entrepreneur will inform the Consumer within 30 days. The Consumer then has the right to dissolve the agreement without penalty and may seek compensation. In the event of such a dissolution, the Entrepreneur will process a full refund within 14 days. The Entrepreneur bears the risk of loss or damage to the goods until the exact moment they are physically handed over to the Consumer.

Article 12 – Managing Long-Term Contracts

  • Cancellation: Contracts established for an indefinite timeframe (or fixed contracts rolling over) can be canceled by the Consumer with a maximum notice period of one month.

  • Renewals: Fixed-term agreements for regular deliveries cannot be automatically extended for another fixed duration. They may only convert to indefinite contracts if the Consumer retains the right to cancel at any time with a one-month notice period.

  • Length: For contracts lasting longer than twelve months, the Consumer may terminate them at any point after the first year with a notice period not exceeding one month, assuming reasonableness permits.

Article 13 – Payment Guidelines Unless otherwise negotiated, the Consumer must settle all payments within 7 working days following the start of the standard reflection period. Consumers are strictly obligated to immediately notify the Entrepreneur of any errors found in the provided payment details. If payments are delayed, the Entrepreneur is legally permitted to apply reasonable administrative and collection fees, provided the Consumer was previously informed of these charges.

Article 14 – Handling Complaints Any complaints regarding the fulfillment of the contract must be submitted to the Entrepreneur with a clear, comprehensive description within 7 days of identifying the issue. The Entrepreneur will acknowledge and respond to complaints within 14 days of receiving them. Should an investigation require more time, the Consumer will be notified of the delay and given an estimated timeline for a substantive response. Filing a complaint does not pause or waive the Entrepreneur's primary obligations. If a grievance is justified, the Entrepreneur will choose to either replace or repair the defective items at no additional cost.

Article 15 – Jurisdiction and Applicable Law All agreements between the Consumer and the Entrepreneur governed by these GTC are strictly subject to the laws of the Netherlands, irrespective of the Consumer's country of residence.