Terms & conditions
Welcome to the terms and conditions of ANNS. by Anne. Please read through them carefully. If you have any questions relating to these terms and conditions, please contact info@annsbyanne.com.
We may change these terms from time to time. Changes will apply to any subsequent orders received. Each time you use our website, place an order for or by using our Products, you automatically agree to and are legally bound by these Terms. If you do not agree to be bound by these Terms, please discontinue the use of the Website.
Table of contents
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes
Article 15 - Additional or different provisions
Article 1 - Definitions
The following definitions apply to these Terms.
ANNS. by Anne and/or trader: the natural or legal person who is offering products and/or services to consumers over distance mentioned under Article 2 of these Terms;
Consumer and/or customer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Day: calendar day;
Duration transaction: a distance contract 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 trader 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 within the cooling-off period;
Model form: the model form for withdrawal made available by the trader which a consumer can fill in when he wants to exercise his right of withdrawal.
Distance contract: an agreement whereby, within the framework of a system organised by the trader for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader having come together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the trader.
Article 2 - Identity of the trader
The company details are:
ANNS. by Anne
Rivierstraat 202
3016CH Rotterdam
Nederland
(please keep in mind that this is no visiting adress)
Phone: +(316) 57 588 284
E-mail: info@annsbyanne.com
KVK: 94813345
BTW: NL005111765B27
Article 3 - Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader 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 not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the trader’s premises and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, contrary to 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 it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
Situations not provided for in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The trader is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the trader.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The trader cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of shipment;
the manner in which the agreement will be concluded and which actions are necessary for that purpose;
whether or not the right of withdrawal is applicable;
the method of payment, delivery, and performance of the agreement;
the period for accepting the offer, or the period within which the trader guarantees the price;
the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion and, if so, in which way it can be consulted by the consumer;
the manner in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by him in the context of the contract;
any languages other than English in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of an extended transaction.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the terms and conditions stipulated therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as this acceptance has not been confirmed by the trader, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
The trader can — within legal frameworks — inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The trader will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
the address of the trader's office where the consumer can lodge complaints;
the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales services;
the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these data before the performance of the contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
On delivery of already made products:
When purchasing already made products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.
During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the trader with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the trader within 14 days, after receipt of the product. The consumer must make this known using the model form or by another means of communication such as e-mail. After the consumer has expressed his wish to make use of his right of withdrawal, the consumer should return the product within 14 days. The consumer has to prove that the delivered goods have been returned in time, e.g. by means of a proof of receipt.
On delivery of a custom product:
When purchasing a custom product, the consumer does not have the possibility of withdrawal. In this case, an order is customized based on the wishes of the customer. The right of withdrawal is therefore not applicable. This makes the sale final after successful payment.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, he shall bear at most the costs of return shipment.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but at the latest within 14 days after revocation. This is subject to the condition that the product has already been received back by the trader or that conclusive evidence of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly authorises a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.
The consumer cannot be held liable for depreciation of the product if the trader has not provided all legally required information on the right of withdrawal, this should be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of the right of withdrawal
The trader can exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products:
that were made by the trader in accordance with the consumer's specifications;
that are clearly personal in nature
which cannot be returned due to their nature;
which spoil or age quickly;
whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio- and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.
Article 9 - The price
During the validity period mentioned in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and on which the trader has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
they are the result of legal regulations or stipulations; or
the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
Article 10 - Compliance and warranty
The trader 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 existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader on the basis of the agreement.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 2 months of the discovery of the defect.
The trader’s guarantee period corresponds to the manufacturer's guarantee 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 guarantee does not apply if:
the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise carelessly treated or treated contrary to the instructions of the trader and/or on the packaging;
the inadequacy is wholly or partially the result of governmental regulations regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The company will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.
All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount the consumer paid as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the trader will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless explicitly agreed otherwise.
Article 12 - Payment
Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the trader.
In case of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs communicated in advance to the consumer.
Article 13 - Complaints procedure
The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the trader fully and clearly described within 2 months 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 trader will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement procedure.
Article 14 - Disputes
Agreements between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 15 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Last updated: january 8th, 2025