Terms of service

General Terms and Conditions

This website is managed by E-comML. Throughout the site, the terms "we," "our," and "us" refer to E-comML. E-comML offers this website, including all information, tools, and services available on this site, to you, the user, on the condition that you agree to all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you participate in our "Service" and agree to be bound by the following general terms and conditions ("Service Terms," "Terms"), including those additional terms and policies referenced herein and/or available via a hyperlink. These Service Terms apply to all users of the site, including but not limited to users who are browsers, vendors, customers, sellers, and/or contributors of content. Please read these Service Terms carefully before visiting 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, you may not visit the website or use its services. If these Service Terms are considered an offer, acceptance is expressly limited to these Service Terms. Any new features or tools added to the current store are also 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 on 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.

Article 1 – Definitions

In these terms, the following definitions apply:

• Cooling-off period: The period during which the consumer can exercise their 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.

• Day: Calendar day.

• Long-term transaction: A distance contract relating to a series of production/services, where the delivery and/or acceptance obligations are spread over time.

• Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to them in such a way that future consultation and unchanged reproduction of the stored information are possible.

• Right of withdrawal: The ability for the consumer to withdraw from the distance contract within the cooling-off period.

• Entrepreneur: The natural or legal person offering products and/or services remotely to consumers.

• Distance contract: A contract where, within the framework of a system organized by the entrepreneur for remote sales of products and/or services, communication techniques are exclusively used up until the conclusion of the contract.

• Communication technique: A means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same space.

• General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Email address: Lamharfimimoun@gmail.com
Company name: E-comML
Chamber of Commerce number: 96521988
Address: Oldenbarnevelderweg 89

Article 3 – Applicability

These general terms and conditions apply to any offer made by the entrepreneur and any distance agreement or orders between the entrepreneur and consumer. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed with the entrepreneur and will be sent to the consumer free of charge upon request. If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or in another way free of charge upon request. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and the consumer may, in case of conflicting general terms and conditions, always rely on the provision that is most favorable to them. If one or more provisions in these general terms and conditions are at any time entirely or partially nullified or declared void, the agreement and these terms and conditions remain in force, and the relevant provision will be immediately replaced in mutual agreement by a provision that closely approximates the intent of the original. Situations not covered by these general terms and conditions must be assessed according to the spirit of these general terms and conditions. Uncertainties regarding the interpretation or content of one or more provisions of our terms must be explained according to the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer. The offer contains a complete and accurate description of the offered products/services. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products/services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or contract cancellation. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are related to accepting the offer. This includes in particular: the price, excluding clearance fees and import VAT. These additional costs will be the responsibility and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services concerning imports. This arrangement applies when goods are imported into the EU destination country, which is also the case here. The postal or courier service collects VAT (possibly together with clearance fees) from the recipient of the goods; any shipping costs; the manner in which the agreement will be concluded and which actions are required; whether or not the right of withdrawal applies; the method of payment, delivery, and execution of the agreement; the period for accepting the offer or the period within which the entrepreneur guarantees the price; the rate for remote communication if the costs of using the communication technique are based on something other than the regular base rate for the communication medium used; whether the agreement will be archived after its conclusion, and if so, how the consumer can access it; how the consumer, before concluding the agreement, can check the information provided by them and, if desired, correct it; any other languages in which the agreement can be concluded, besides Dutch; the codes of conduct the entrepreneur has adhered to and how the consumer can consult these codes electronically; and the minimum duration of the distance agreement in the case of a long-term transaction. Optional: available sizes, colors, material types.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set out therein. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may cancel the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations and any other factors that are relevant for responsibly entering into the distance agreement. If the entrepreneur has good reasons to refuse to enter into the agreement based on this investigation, they are entitled to refuse an order or request or impose special conditions on the execution of the agreement. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it easily on a durable data carrier:

1. The visit address of the entrepreneur's establishment where the consumer can file complaints.

2. The conditions and the method of exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

3. Information about warranties and post-purchase service.

4. The data in Article 4, paragraph 3, unless the entrepreneur has already provided these to the consumer before the execution of the agreement.

5. The requirements for terminating the agreement if the agreement lasts more than one year or is indefinite.
   In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. Each agreement is concluded under the suspensive condition of the availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to cancel the agreement without providing a reason within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer, known to the entrepreneur. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If the consumer exercises their right of withdrawal, they will return the product, with all delivered accessories, and, if reasonably possible, in its original

Article 7 – Right of Withdrawal (continued)

In case the consumer has made use of their right of withdrawal, the consumer will return the product to the entrepreneur without delay, but at the latest within 14 days from the day of withdrawal. The consumer will bear the cost of returning the product, unless the entrepreneur has agreed to bear these costs. If the consumer has paid for the product, the entrepreneur will refund the amount paid as soon as possible, and in any case within 14 days of receiving the returned product, unless otherwise agreed. The entrepreneur may withhold the refund until the product is returned or until the consumer has provided proof of returning the product, whichever comes first.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for the following products and services:

• Products or services whose price depends on fluctuations in the financial market, which the entrepreneur cannot influence.

• Products that are manufactured according to the consumer's specifications, such as custom-made items or products that are clearly personal in nature.

• Sealed products that cannot be returned for health or hygiene reasons if the seal has been broken after delivery.

• Products that, after delivery, are by their nature inseparably mixed with other products.

• Alcoholic beverages, the price of which was agreed upon at the time of concluding the contract, but the delivery of which can only take place after 30 days, and whose actual value depends on market fluctuations.

Article 9 – The Price

The price of the products and services offered will not be increased during the validity period stated in the offer, except for price changes resulting from changes in VAT rates or other statutory regulations. The prices mentioned in the offers are inclusive of VAT and exclusive of shipping costs, unless otherwise stated. The entrepreneur may modify or update the prices as they deem fit, and such changes will not affect orders already confirmed.

Article 10 – Compliance and Guarantee

The entrepreneur guarantees that the products and services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of reliability and/or usability that the consumer can reasonably expect. The entrepreneur will also guarantee that the products comply with all statutory requirements and regulations that apply at the time of the delivery.

Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products. Taking into account the provisions in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this within 30 days after placing the order. In such a case, the consumer has the right to cancel the agreement at no cost and is entitled to any compensation. In the event of cancellation as per the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation. If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a substitute item. At the latest upon delivery, it will be clearly and understandably stated that a substitute item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of a possible return shipment are the responsibility of the entrepreneur. The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a pre-designated and known representative of the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Cancellation, and Renewal
Cancellation: The consumer can cancel an agreement that has been entered into for an indefinite period and involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed cancellation rules and a notice period of no more than one month. The consumer can also cancel an agreement that has been entered into for a fixed period and involves the regular delivery of products (including electricity) or services, at any time, by the end of the fixed term, subject to the agreed cancellation rules and a notice period of no more than one month. The consumer may cancel the agreements mentioned in the previous paragraphs:

• at any time, and is not limited to cancellation at a specific time or during a specific period;

• at least in the same manner as they were entered into by the consumer;

• always with the same notice period as the entrepreneur has stipulated for themselves.
  Renewal: An agreement entered into for a fixed term and involving the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed period. However, in deviation from the previous paragraph, an agreement for the fixed term involving the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a maximum period of three months, provided the consumer can cancel the extended agreement by the end of the renewal period with a notice period of no more than one month. An agreement entered into for a fixed term and involving the regular delivery of products or services may only be extended for an indefinite period if the consumer can always cancel with a notice period of no more than one month, and no more than three months for agreements involving the regular delivery of daily, news, or weekly newspapers and magazines less frequently than once a month. An agreement with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and will end at the conclusion of the trial or introductory period.
  Duration: If an agreement lasts more than a year, the consumer may cancel the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness prevent cancellation before the end of the agreed term.

Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the start of the reflection period as referred to in Article 6(1). In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement. The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided or indicated payment details. In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs that have been made known in advance to the consumer.

Article 14 – Complaints Procedure
Complaints regarding the performance of the agreement must be submitted to the entrepreneur within 7 days, clearly and fully described, 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 foreseeable 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 through mutual agreement, a dispute arises that is subject to the dispute resolution procedure. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur has indicated 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
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.

Article 16 – Contact Information
Questions about the Terms of Service can be sent to us via Lamharfimimoun@gmail.com