General terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form, for example video, audio, applications, digital games and any other software; services that enable the creation, processing or storage of data in digital form, when provided by the consumer; services that enable data sharing and any other interaction with data in digital form provided by other users of the service;
Durable medium: any tool – including e-mail – which enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
Right of withdrawal: the possibility of the consumer to waive the distance contract within the cooling-off period of 14 days;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby until the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 – Identity of the entrepreneur.
Stalpaert van de wielestraat 12, 5344VR, Oss, Netherlands
E-mail address: firstname.lastname@example.org
Registration number: 81700504
Article 3 – Applicability
These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between entrepreneur and consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in another way.
In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may in case of conflicting conditions always rely on the applicable provision that is most favorable to him.
Article 4 – Exclusive delivery to consumers.
The entrepreneur offers his services exclusively to consumers (see definition ‘consumer’ in article 1). Delivery to companies, professionals and influencers is no longer allowed. Before the offer is accepted by the consumer, the consumer declares not to be an influencer or a company. If this turns out to be the case, the entrepreneur will not deliver.
Article 5 – The offer.
If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 6 – The agreement.
The agreement comes into effect, subject to the provisions in paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – inform the consumer about his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
The visiting address of the trader’s business establishment where the consumer can lodge complaints;
the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information on guarantees and existing service after purchase;
the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract.
Article 7 – Reflection period and right of withdrawal.
Due to the nature of the service, consisting of the production and direct delivery of likes and followers on Instagram, the consumer’s cooling-off period and right of withdrawal are excluded. The consumer, when entering into the agreement with the entrepreneur, explicitly stated:
Agree to immediate delivery of the service, thus before the expiration of the cooling-off period;
thereby to lose his or her right of withdrawal, as soon as the entrepreneur has completely fulfilled the agreement.
Article 8 – The price.
During the validity period mentioned in the offer, the prices of the products and / or services are not increased, except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
they are the result of statutory regulations or stipulations; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are exclusive of VAT.
Article 9 – Fulfillment agreement and additional guarantee
The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the agreement.
Article 10 – Delivery and implementation.
The entrepreneur will take the utmost care in receiving and carrying out orders of products and in assessing applications for the provision of services.
The place of delivery is the consumer’s Instagram account.
Subject to what is stated in Article 4 of these general conditions, the entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer the amount paid without delay.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 11 – Payment
Insofar as not otherwise specified in the agreement or additional conditions, the amounts due by the consumer should be paid within 14 days after the conclusion of the agreement. In case of a contract to provide a service, this period shall commence on the day after the consumer has received confirmation of the contract.
When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any rights regarding the implementation of the relevant order or service (s) before the stipulated prepayment has taken place.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
If the consumer does not meet his payment obligation(s) on time, he will, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to meet his payment obligations, after the failure to pay within this 14-day period, owe the statutory interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% on the following € 2500 and 5% on the following € 5000, with a minimum of € 40. The proprietor may deviate from the aforementioned amounts and percentages for the benefit of the consumer.
Article 12 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has found the defects.
Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
The consumer should in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is susceptible to the dispute resolution procedure.
Article 13 – Liability
The entrepreneur is not liable for any actions of Instagram, such as, but not limited to, the removal of posts of the consumer by Instagram.
Article 14 – Unilateral Amendment.
The entrepreneur may unilaterally change these terms and conditions at any time. At the bottom of the conditions, the date of the last amendment will be mentioned.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by United Kingdom law.
These conditions were last amended on 28 April 2021.