Terms of Use

Article 1 - Definitions

The following definitions apply in these terms and conditions:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the course of a business or profession and concludes a distance contract with the entrepreneur;

Day: 03-09-2024

Distance contract: a distance contract relating to a range of products and/or services where the delivery and/or purchase obligation is spread over a specified period;

Durable medium: any medium that allows the consumer or entrepreneur to store information addressed to them personally in such a way that future retrieval and unchanged reproduction of the stored information is possible.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers through distance selling;

Distance contract: a contract in which, within a system organized by the entrepreneur for distance selling of goods and/or services, exclusively one or more communication techniques are used up to the conclusion of the contract;

Communication technique: means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.

General terms and conditions: the present general terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Company Name: Calm & Comfort 

Chamber of Commerce Number: 86090011

Trade Name: Calm & Comfort 

VAT Identification Number: NL004388346B32

Customer Service Email: info@mass-manager.com

Company Address: Apollolaan 171 1077 AS Amsterdam

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the conclusion of the distance contract that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be provided to the consumer electronically before the conclusion of the distance contract in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the provisions of paragraphs 2 and 3 shall apply accordingly, and in the case of conflicting general terms and conditions, the consumer may always rely on the provision most favorable to them.

Should one or more provisions of these general terms and conditions be wholly or partially invalid or void at any time, the contract and these terms and conditions shall remain in full force, and the relevant provision will be immediately replaced by a provision that comes as close as possible to the meaning of the original provision.

Situations not covered by these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make an adequate assessment of the offer. If the entrepreneur uses images, these 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, and data in the offer are indicative and may not be a reason for compensation or dissolution of the contract.

The images of the products belong to a faithful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer includes such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • the price, excluding customs duties and import VAT. These additional costs are borne and at the risk of the customer. The postal and/or courier service will apply the special rules for postal and courier services concerning imports. This applies when goods are imported into the EU destination country, which is the case here. The postal and/or courier service will charge VAT (whether or not along with customs duties) to the recipient of the goods;

  • any shipping costs;

  • the way in which the agreement is concluded and the measures required for it;

  • whether the right of withdrawal applies or not;

  • the method of payment, delivery, and fulfillment of the contract;

  • the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;

  • the amount of the communication tariffs, if the costs for using the communication technique are calculated on a basis other than the regular base rate for the communication medium used;

  • whether the contract will be archived after its conclusion and, if so, how the consumer can access it;

  • the manner in which the consumer can verify and, if desired, correct the data provided by them within the framework of the contract before the conclusion of the contract;

  • all other languages in which the contract can be concluded in addition to Dutch;

  • the codes of conduct to which the entrepreneur is subject and how the consumer can view these codes of conduct electronically; and

  • the minimum duration of the distance contract in the case of a term contract.

Optional: available sizes, colors, types of materials.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.

If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. Until the entrepreneur confirms receipt of this acceptance, the consumer may cancel the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe adequate security measures.

The entrepreneur may, within the legal framework, investigate whether the consumer can meet their payment obligations, as well as any facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons to refuse the contract based on this investigation, they are entitled to refuse an order or application or attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information in writing or in a manner that can be easily stored by the consumer on a durable medium:

  • the visiting address of the entrepreneur’s establishment where the consumer can direct their complaints;

  • the conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;

  • information on guarantees and existing after-sales service;

  • the data mentioned in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract;

  • the conditions for the termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a term contract, the provision of the previous paragraph applies only to the first delivery.

Every contract is concluded subject to the condition of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract within 14 days without giving any reason. This cooling-off period starts the day after the consumer or a third party designated by the consumer and notified to the entrepreneur receives the product.

During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur in accordance with the entrepreneur’s reasonable and clear instructions.

If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must do this in writing or by email. After the consumer has informed the entrepreneur that they wish to exercise their right of withdrawal, they must return the product to the origin address within 14 days. The consumer must prove that the delivered goods were returned in time, for example, by providing proof of shipment.

If the consumer has not expressed their intention to exercise their right of withdrawal or has not returned the product within the periods mentioned in paragraphs 2 and 3, the purchase becomes final.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is provided that the product has already been returned to the entrepreneur or sufficient proof of the complete return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products, as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only possible if the entrepreneur has clearly pointed this out in the offer, at least in time before the conclusion of the contract.

The exclusion of the right of withdrawal applies only to products:

  • that the entrepreneur manufactures according to the consumer’s specifications;

  • that are clearly personal in nature;

  • that cannot be returned due to their nature;

  • that may spoil or deteriorate quickly;

  • whose price fluctuates on the financial market, which the entrepreneur has no control over;

  • for single newspapers and magazines;

  • for audio and video recordings and computer software whose seal was broken by the consumer;

  • for hygiene products whose seal was broken by the consumer.

The exclusion of the right of withdrawal applies only to services:

  • regarding accommodation, transport, restaurant visits, or leisure activities that are to take place on a specific date or during a specific period;

  • with whose delivery the consumer has expressly consented before the cooling-off period has expired;

  • concerning gambling and lotteries.

Article 9 - The Price

The prices of the offered products and/or services are fixed for the duration stated in the offer, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, which are beyond the control of the entrepreneur, at variable prices. These fluctuations and the fact that the stated prices are indicative will be indicated in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.

Price increases after 3 months following the conclusion of the contract are only allowed if agreed upon by the entrepreneur and:

  • they result from legal regulations or provisions; or

  • the consumer has the option to cancel the contract from the date the price increase takes effect.

According to Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where the transport begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will collect the import VAT or customs fees from the customer. As a result, no VAT will be charged by the entrepreneur.

All prices are subject to typographical and printing errors. The entrepreneur does not accept liability for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the contract, the specifications mentioned in the offer, the reasonable requirements of fitness and/or usability, and the legal provisions and/or governmental regulations in force at the time of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for a purpose other than normal use.

A warranty 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 contract.

Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the warranty period of the manufacturer. However, the entrepreneur is never responsible for the final suitability of the products for any particular 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 modified the delivered products themselves or has had them repaired and/or modified by third parties;

  • The delivered products have been exposed to abnormal conditions or otherwise negligently handled contrary to the entrepreneur's instructions and/or the packaging;

  • The defect is wholly or partially the result of regulations imposed by the government regarding the type or quality of materials used.

Article 11 - Delivery and Performance

The entrepreneur will exercise the utmost care in accepting and executing orders for products.

The place of delivery is the address provided by the consumer to the company.

Subject to the provisions in Article 4 of these terms and conditions, the company will execute accepted orders as quickly as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be fully or partially executed, the consumer will be informed no later than 30 days after the order. In this case, the consumer has the right to dissolve the contract without charge and to claim any damages.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to deliver a replacement item. Upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The entrepreneur will bear the cost of any return shipping.

The risk of damage and/or loss of products is with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and communicated to the entrepreneur, unless otherwise agreed upon.

Article 12 - Term Contracts: Duration, Termination, and Renewal

Termination

The consumer can terminate an indefinite contract for the regular supply of products (including electricity) or services at any time by observing the agreed termination rules and a notice period of no more than one month.

The consumer can terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may amend the agreements mentioned in the previous paragraphs:

  • always end them and not be restricted to termination at a specific time or period;

  • terminate them at least as they were concluded by the consumer;

  • terminate them always with the same notice period the entrepreneur has set for themselves.

Extension

A contract concluded for a fixed period, which relates to the regular supply of products (including electricity) or services, cannot be automatically extended or renewed for a specific period.

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be automatically extended for a fixed period of up to three months, provided the consumer can cancel the extended contract at the end of the extension period with a notice period of no more than one month.

A fixed-term contract for the regular delivery of goods or services can only be automatically extended for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month and with a maximum notice period of three months if the contract concerns regular, but less than once a month delivery of daily or weekly newspapers and magazines.

A fixed-term contract for the regular supply of daily or weekly newspapers and magazines under a subscription (trial or introductory subscription) will not be automatically continued and will end at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer can terminate the contract at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the agreed period ends.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period mentioned in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obligated to notify the entrepreneur of inaccuracies in the provided or mentioned payment details without delay.

If the consumer fails to make payment, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs, which have been communicated to the consumer in advance.

Article 14 - Complaint Procedure

Complaints about the fulfillment of the contract must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute will arise, which is subject to dispute resolution.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur has stated otherwise in writing.

If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer, to which these general terms and conditions apply, shall be governed exclusively by Dutch law. Even if the consumer resides abroad.

Article 16 - CESOP

Due to the introduced and stricter measures regarding the 'Amendment to the Turnover Tax Act 1968 (Payment Service Providers Directive Implementation Act)' and the introduction of the Central Electronic Payment Information System (CESOP) starting in 2024, payment service providers may register data in the European CESOP system.

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