Terms of Service

Overview

This website is operated by Atelier Lily. Throughout the site, the terms “we”, “us”, “our”, and “entrepreneur” refer to Atelier Lily. Atelier Lily offers this website, including all information, tools, and services available on 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 engage in our “Service” and agree to be bound by the following terms and conditions (“Service Terms”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Service Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Service Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Service Terms. If you do not agree to all the terms of this agreement, then you may not access the website or use any services. If these Service Terms are considered an offer, acceptance is expressly limited to these Service Terms.

All new features or tools added to the current store shall also be subject to the Service Terms. You can review the most current version of the Service Terms at any time on this page. We reserve the right to update, change or replace any part of these Service Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Service Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and (a) involve transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 1 - DEFINITIONS

In these terms and conditions:

  • Cooling-off period: the period during which the consumer can make use of his right of withdrawal;
  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  • Continuing transaction: an agreement at a distance 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 that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
  • Right of withdrawal: the possibility for the consumer to waive the distance contract during the cooling-off period;
  • Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
  • Distance contract: a contract concluded as part of a system for selling products and/or services remotely, up to and including the conclusion of the contract, exclusively using one or more communication techniques at a distance;
  • Communication technique at a distance: means that can be used to conclude a contract, without the consumer and trader being together at the same time in the same room;
  • General Conditions: these General Terms and Conditions of the entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

  • Email address: contact@atelierlily-kids.com
  • Chamber of Commerce:87003007
  • Establishment no: 3825CM Amersfoort
  • Address: Kamerdalseberg 11, 3825CM Amersfoort
  • VAT Number:1750.32.725.B

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is entered into that the general terms and conditions are available for inspection at the entrepreneur and they will be sent free of charge as soon as possible at the consumer's request. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it 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 consulted electronically and that they will be sent to the consumer free of charge in electronic form or in another way upon request. In addition to these general terms and conditions, if specific product or service conditions also apply, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the most favourable provision for him. If one or more provisions in these general terms and conditions are declared void or annulled in whole or in part at any time, the agreement and these terms and conditions will remain in effect for the rest and the particular provision will be replaced by mutual agreement as soon as possible. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Uncertainties as to the interpretation or content of one or more provisions of our terms and conditions are to be explained 'in the spirit' of our terms and conditions.

ARTICLE 4 - THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled 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 make a proper assessment of the offer possible by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. All images, specifications, data in the offer are indicative and cannot lead to compensation or termination of the agreement. Images of products are true representations of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Every offer contains such information that it is clear to the consumer what the rights and obligations are attached to accepting the offer. This concerns in particular:

  • the price, excluding customs and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services with regard to importation. This arrangement applies when goods are imported outside an EU destination country, which is also the case here. The postal and courier service collects VAT (whether or not together with the invoiced customs clearance costs) from the recipient of the goods;
  • any shipping costs;
  • how the agreement will come about and what actions are required for this;
  • the application or otherwise of the right of withdrawal;
  • the method of payment, delivery and performance of the agreement;
  • the period for acceptance of the offer, as well as the period within which the entrepreneur guarantees the price;
  • the rate for communication at a distance if the costs of using the distance communication access are based on a basis other than the regular basic rate for the used communication medium;
  • whether the agreement will be archived after conclusion, and if so, how the consumer can consult it;
  • the way in which the consumer, before concluding the agreement, can verify the data provided by him in the context of the agreement and, if desired, correct them;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance agreement in the case of a durable transaction. Optional: available sizes, colors, types of materials.

ARTICLE 5 - THE AGREEMENT 

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein. If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm by electronic means receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take adequate security measures for this. Within the framework of legal frameworks, the entrepreneur may inform the consumer of the consumer's solvency as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to associate special conditions with the implementation of the agreement. The entrepreneur will provide the consumer with the following information, in writing, at the time of delivery of the product or service, or in such a way that it can be easily stored by the consumer on a durable data carrier:

  1. the visit address of the entrepreneur's establishment where the consumer can address complaints;
  2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. information about warranties and after-sales service;
  4. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
  5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a continuing transaction, the provision in the previous paragraph is only applicable to the first delivery. Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

ARTICLE 6 - RIGHT OF WITHDRAWAL

In the purchase of products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer receives the product or a previously designated representative announced to the entrepreneur. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine if he wishes to keep the product. If he wishes to make use of his right of withdrawal, he must notify the entrepreneur within 14 days of receiving the product. The consumer must do this by means of a written message/email. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered have been returned in a timely manner, for example by means of a proof of shipment. If the customer has not returned the product within 14 days, the purchase is final.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

If the consumer makes use of his right of withdrawal, the costs for returning the products are at the consumer's expense. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after withdrawal. It is a condition that the product has already been received back by the webshop or that compelling evidence of complete return can be provided.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies when the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract. The exclusion of the right of withdrawal is only possible for products:

  1. made by the entrepreneur in accordance with the consumer's specifications;
  2. that are clearly personal in nature;
  3. that cannot be returned by their nature;
  4. that can quickly spoil or age;
  5. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
  6. for loose newspapers and magazines;
  7. for audio and video recordings and computer software whose seal has been broken by the consumer.
  8. for hygienic products whose seal has been broken by the consumer. The exclusion of the right of withdrawal is only possible for services:
  9. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
  10. during which the supply with the express consent of the consumer has started before the cooling-off period has expired;
  11. concerning bets and lotteries.

ARTICLE 9 - THE PRICE

I reserve the right to change the prices of the products and/or services offered during the validity of the offer, also due to changes in VAT rates. In deviation from the previous paragraph, the entrepreneur can offer products or services, the prices of which are subject to fluctuations on the financial market and over which the entrepreneur has no influence, at variable prices. These fluctuations binding and the fact that any prices mentioned are target prices, will be indicated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:

  1. these are the result of legal regulations or provisions; or
  2. the consumer is entitled to terminate the agreement from the day the price increase takes effect. The place of delivery is based on article 5, paragraph 1, Sales Tax Act 1968 in the country where the shipment begins. In this case, delivery takes place outside the EU. Consequently, the goods will be subject to import VAT or customs clearance fees collected by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

ARTICLE 10 - CONFORMITY AND WARRANTY

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in the original packaging and in new condition. The entrepreneur's warranty period is the same as the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:

  • The consumer has repaired and/or altered the delivered products himself or has had them repaired and/or altered by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's and/or packaging's instructions;
  • The defect is wholly or partly the result of regulations that the government has or will issue regarding the nature or quality of the materials used.

ARTICLE 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our privacy policy.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time, including after you have placed your order. We are not obliged to update, modify, or clarify information in the Service or on any related website, including but not limited to price information, except as required by law. No specific update or refresh date should apply in the Service or on any related website, to indicate that all information in the Service or on any related website has been changed or updated.