Terms and Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

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

Consumer: a natural person not acting in the exercise of a trade or business who enters into a distance contract with the entrepreneur;

Day: calendar day;

Digital content: data produced and delivered in digital form, such as downloadable e-books;

Ongoing transaction: a distance contract for a series of products and/or services, with obligations for periodic delivery and/or acceptance spread over time;

Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally, in a way that enables future access and unchanged reproduction of the stored information.

Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

Distance contract: an agreement where, in the context of an organized system operated by the entrepreneur for distance sales of products and/or services, up to and including the conclusion of the contract, only one or more methods of distance communication are used;

Means of distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same space simultaneously.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Rosemary Hale
Email: info@rosemary-hale.com

Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is reasonably impossible, it will be indicated before the distance contract is concluded that the general terms can be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions will be made available electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is reasonably impossible, it will be indicated where the General Terms and Conditions can be read electronically and that they will be sent electronically or otherwise at the consumer's request, free of charge.
If additional specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the most favorable provision applicable to them in case of conflicting General Terms and Conditions.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or nullified, the agreement and the rest of these General Terms and Conditions will remain in effect, and the relevant provision will be replaced immediately by a provision that comes as close as possible to the original in terms of intent.

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 change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper 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 and details in the offer are indicative and cannot lead to compensation or dissolution of the contract.
Each offer includes such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer, including:
- the price, including taxes where applicable;
- any delivery costs for physical products;
- the manner in which the agreement will be concluded and what actions are required for it;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery, and performance of the contract;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- whether the contract will be archived after its conclusion, and if so, in what way it can be accessed by the consumer;
- the manner in which the consumer can check and, if necessary, correct the information they provided before concluding the contract;
- the possible languages in which, in addition to English, the contract may be concluded;
- the minimum duration of the distance contract in the case of a continuous transaction.

Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the offer by the consumer and the fulfillment of the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the 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 dissolve 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

Article 6 – Withdrawal Rights
When purchasing physical products, the consumer has the right to dissolve the agreement without stating reasons within 14 days. This reflection period starts on the day after the product has been received by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.
During the reflection 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 wish to keep the product. If they exercise their right of withdrawal, the consumer will return the product with all accessories supplied, in its original condition and packaging, if reasonably possible, in accordance with the entrepreneur's reasonable and clear instructions.
For digital content (such as downloadable e-books), the right of withdrawal expires once the download or access has begun with the consumer's express prior consent. By starting the download, the consumer acknowledges that they lose the right of withdrawal.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the physical products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will reimburse this amount as soon as possible, but no later than 14 days after the cancellation, provided that the product has already been received back by the entrepreneur or conclusive proof of 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 and services as described below. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this at the time of entering into the contract in the offer.
Exclusion of the right of withdrawal is possible for products:
1. that have been manufactured by the entrepreneur according to the consumer’s specifications;
2. that are clearly personal in nature;
3. that cannot be returned due to their nature;
4. that may spoil or age quickly;
5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings, computer software, and digital content that the consumer has unsealed or begun to download.
Exclusion of the right of withdrawal is possible for services:
1. regarding accommodation, transportation, catering, or leisure activities to be performed on a specific date or during a specific period;
2. whose delivery began with the consumer’s explicit consent before the end of the withdrawal period;
3. related to betting and lotteries.

Article 9 – Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be raised, except for price changes due to VAT rate changes.
All prices are subject to printing and typesetting errors. The entrepreneur is not liable for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and usability, and existing legal provisions and/or government regulations on the date of the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within a reasonable period after delivery. Physical products must be returned in their original packaging and in new condition.
The entrepreneur is never responsible for the ultimate suitability of the products for any individual use by the consumer, nor for advice regarding the use or application of the products.

Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care in the execution of product orders.
For digital products, delivery takes place electronically to the email address provided by the consumer, normally immediately after payment is confirmed.
For physical products, the delivery location is the address that the consumer has provided to the entrepreneur. The entrepreneur will promptly dispatch accepted orders but no later than within 30 days, unless the consumer agrees to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge.
In case of termination as described above, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after termination.
The risk of damage and/or loss of physical products lies with the entrepreneur until the time of delivery to the consumer, unless expressly agreed otherwise.

Article 12 – Payment
Unless otherwise agreed, amounts due by the consumer must be paid at the time of concluding the order. This period begins after the consumer has received confirmation of the contract.
The consumer is obligated to report inaccuracies in the payment data provided to the entrepreneur without delay.
If the consumer fails to make payment, the entrepreneur is entitled, subject to legal limitations, to charge reasonable costs as previously disclosed to the consumer.

Article 13 – Complaint Procedure
Complaints about the execution of the contract must be clearly described and communicated to the entrepreneur within a reasonable period after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably 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 answer.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

Article 14 – Disputes
For agreements between the entrepreneur and the consumer, to which these General Terms and Conditions apply, only Dutch law applies. This also applies if the consumer lives abroad.