What are the general terms and conditions?

These General Terms and Conditions have been drawn up in accordance with the standards of the Dutch Consumer Association within the framework of the Self-Regulatory Coordination Group (CZ) of the Dutch Economic and Social Council (SER). They enter into force on 1 January 2012.

Index

Article 1 - Definitions
Article 2 - Identity of the contractor
Article 3 - Applicability
Article 4 - Offer
Article 5 - The contract
Article 6 - Right to cancel
Article 7 - Costs in case of cancellation
Article 8 - Exclusion of the right to cancel
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and performance
Article 12 - Transactions for an indefinite period of time
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Sectoral guarantee
Article 17 - Additional or divergent provisions
Article 18 - Amendment of general conditions

Article 1 - Definitions

These conditions are defined as follows:

1. Cooling-off period: the period within which the consumer may exercise his right to cancel;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
3. Day: calendar day;
4. Distance transaction: a distance contract for serial products and/or services, the obligation to deliver and/or purchase of which is spread over a certain period of time;
5. Computer support: any means that allows the consumer or entrepreneur to store information sent to him personally in such a way as to make possible future reference and unchanged reproduction;
6. Right to cancel: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
8. Distance contract: a contract in which, under a distance selling scheme for products and/or services organized by the trader, one or more means of distance communication are used exclusively until the conclusion of the contract;
9. Distance communication technique: means that it can be used to conclude a contract without the consumer or entrepreneur being brought together simultaneously in the same premises.

Article 2 - Identity of the contractor

Felinaworld.com is an online shop run by Tuincentrum Osdorp B.V.. The company is based in Amsterdam, NL.

- Postal address: Felinaworld.com, Rietwijkerdwarsweg 2a, 1432 JD, Aalsmeer, Netherlands.
- Telephone +31 85 4019 813. You can contact us Monday to Friday from 09.30 - 17.00
- E-mail address: service_uk@felinaworld.com
- Chamber of Commerce Number: 33237298
- Intra-Community VAT No: NL803331691B01

Article 3 - Applicability

1. These general conditions apply to each offer of the contractor and to any distance contract concluded between the contractor and the consumer.
2. Before the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed, before the conclusion of the distance contract, that the general conditions can be consulted at the premises of the contractor and that they will be sent to him at his request as soon as possible and without cost.
3. If the distance contract is concluded by electronic means, the text of these general conditions may, by way of derogation from the provisions of the preceding paragraph and before the conclusion of the distance contract, be made available to the consumer by electronic means so that the consumer can easily store it on a durable computer medium. If this is not reasonably possible, the consumer shall be informed, before the conclusion of the distance contract, of the place where he can become aware of the general conditions by electronic means and shall be informed that these conditions will be sent to him at his request as soon as possible and free of charge by electronic means or otherwise.
4. In the event that, in addition to these general conditions, specific conditions of products or services also apply, the second and third paragraphs shall apply by analogy and the consumer may always invoke, in the event of conflicting general conditions, the applicable provision which is more favourable to him.

Article 4 - Offer

1. If the offer is limited in time or condition, this is expressly stated in the offer.
2. The offer includes a complete and precise description of the products and/or services offered. The description shall be sufficiently detailed for the consumer to fully appreciate the offer. The images that the entrepreneur may use are a faithful reproduction of the products and/or services offered. The contractor is not bound by any apparent errors or mistakes in the offer.
3. Each offer shall contain information making clear to the consumer the rights and obligations associated with the acceptance of the offer. This shall include, in particular, the following:

- the price, including VAT;
- any shipping costs;
- the manner in which the contract is to be performed and the action to be taken to that end;
- the applicability or otherwise of the right to cancel;
- the methods of payment, delivery or performance of the contract;
- the time limit for acceptance of the offer, i.e. the time limit for maintaining the price;
- the amount of the distance communication fee if the costs of using the distance communication technology are calculated on a basis other than the basic fee;
- in the case of storage of the contract after its conclusion, the manner in which the consumer may consult it;
- the way in which the consumer, before the conclusion of the contract, can be informed of the acts he does not want, as well as the way in which he can repair them before the conclusion of the contract;
- the languages in which, in addition to Dutch, the contract may be concluded;
- the codes of conduct to which the contractor is subject and the arrangements for electronic access by the consumer to those codes of conduct;
- and the minimum duration of the distance contract in the case of a contract for the continuous or periodic supply of goods or services.

Article 5 - The contract

1. Subject to the provisions of paragraph 4, the contract shall be concluded when the consumer accepts the offer and the conditions laid down therein are fulfilled.
2. If the consumer has accepted the offer by electronic means, the contractor must promptly confirm receipt of acceptance of the offer by electronic means. Until receipt of such acceptance has been confirmed, the consumer may withdraw from the contract.
3. If the contract is performed electronically, the contractor shall take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay by electronic means, the contractor shall take appropriate security measures to that end.
4. The entrepreneur may inquire, within the legal framework, whether the consumer can fulfil his payment obligations and all facts and factors relevant to conclude the distance contract in a justified manner. If on the basis of this research, the contractor has good reasons not to conclude the contract, he has the right to refuse a reasoned order or request or to link it to the fulfilment of the special conditions.
5. 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 in an accessible manner on a durable computer medium:

a. the address of the policyholder's establishment where the consumer may lodge a complaint;
b. the conditions and procedures for the exercise of the right to cancel by the consumer are a clear indication that the right to cancel is excluded;
c. information on existing after-sales service and guarantees;
d. the data referred to in Article 4(3) of these conditions, unless the policyholder has already provided such data to the consumer prior to the performance of the contract;
e. the conditions for terminating the contract if the duration of the contract exceeds 12 months or if the contract is for an indefinite period.

6. If the contractor has undertaken to supply goods or services in series, the provision of the preceding paragraph shall apply only to the first delivery.

Article 6 - Right to cancel

In the case of delivery of products:

1. In the case of the purchase of products, the consumer may withdraw from the contract without giving reasons for a period of 30 days. This cooling-off period shall begin on the day following that on which the product is received by the consumer or by a designated representative and communicated in advance by the consumer to the trader. To meet the cancellation deadline, it is sufficient for the customer to send his communication concerning the exercise of the right to cancel before the period has expired.
2. During this period, the consumer shall treat the product and its packaging with care. Unpack or use the product only to the extent necessary to assess whether he wishes to keep the product. If you exercise your right to cancel, you will return the product to the contractor with all accessories, if possible in the original condition and packaging, in accordance with the reasonable and clear instructions of the contractor.
3. In order to exercise the right to cancel, the consumer must inform the contractor: Felinaworld.com, Rietwijkerdwarsweg 2a, 1432 JD, Aalsmeer, Netherlands, service_uk@felinaworld.com, +31 85 4019 813 of his decision to cancel this contract by a clear statement (e.g. an e-mail) and follow the clear and reasonable instructions given by the contractor at the time of the offer and/or, at the latest, at the time of the conclusion of the contract.

Article 7 - Costs in case of cancellation

1. If the consumer exercises his right to cancel, the contractor will reimburse all payments received from the consumer, except the costs of delivery, without undue delay and in any event not later than 14 days from the day on which he has been informed about the decision to cancel this contract.
2. The contractor will make the reimbursement using the same means of payment as used by the consumer for the initial transaction, unless they have expressly agreed otherwise; in any event, the contrator will not incur any fees as a result of such reimbursement. The contractor may withhold reimbursement until he has received the goods back or the consumer has supplied evidence of having sent back the goods, whichever is the earliest. The consumer shall send back the goods or hand them over to the contractor, without undue delay and in any event not later than 14 days from the day on which they communicate their right to cancel from this contract. The deadline is met if the consumer sends back the goods before the period of 14 days has expired. The consumer will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Article 8 - Exclusion of the right to cancel

1. The contractor may exclude the consumer's right to cancel, provided that this is provided for in paragraphs 2 and 3. The exclusion of the right to cancel shall apply only if the contractor has clearly indicated this in the offer, at least sufficiently in advance of the conclusion of the contract.
2. The exclusion of the right to cancel is only possible for products:

(a) that the contractor has performed the services in accordance with the consumer's specifications;
(b) which are clearly of a personal nature;
(c) which by their nature cannot be returned;
(d) which may rot or age rapidly;
(e) the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

As well as for:

(f) newspapers and magazines sold by issue;
(g) audio and video recordings and computer software the seals of which have been broken by the consumer;

Article 9 - The price

1. During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, unless the prices change as a result of changes in VAT rates.
2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that the entrepreneur cannot influence, in the face of variable prices. This dependence on fluctuations and the fact that the prices mentioned are indicative prices are mentioned in the offer.
3. Price increases within three months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases starting three months after the conclusion of the contract are only permitted if the policyholder has concluded them, and

(a) result from legal rules or provisions, or
(b) the consumer has the right to withdraw from the contract on the day on which the price increase takes effect.

5. The prices indicated in the offer of products and services shall include VAT.

Article 10 - Compliance and warranty

1. The Contractor guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, meet the requirements of reasonable quality and/or usefulness and comply with legal provisions and/or government requirements. If this has been agreed, the contractor also guarantees that the product is suitable for a purpose other than the normal one.
2. A regulation offered as a guarantee by the contractor, manufacturer or importer does not eliminate any rights and claims that the consumer may have against the contractor under the law and/or the distance contract in the event of a breach of the obligations of the contractor.

Article 11 - Delivery and performance

1. The Contractor shall take the utmost care in receiving and executing orders for products and in assessing requests for services.
2. The place of delivery is the address that the consumer has given to the company.
3. Observing the provisions of article 4 of these general conditions, the company will execute the accepted orders promptly but within thirty days, unless a longer delivery time has been agreed upon. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed at the latest one month after the placing of the order. In this case, the consumer has the right to terminate the contract of sale.
4. In the event of termination in accordance with the preceding paragraph, the contractor will refund the amount paid by the consumer as soon as possible and no later than thirty days after the termination of the contract.
5. If delivery of an ordered product is not possible, the contractor will make every effort to make available a product to replace the ordered product. At the latest at the time of delivery is clearly and understandably indicated that it is being delivered a replacement item. In the case of replacement items, the right to cancel cannot be excluded. The costs of return shall be borne by the Contractor.
6. The contractor assumes the risk of damage and/or loss of products until delivery to the consumer, unless otherwise expressly agreed. To this end in an appropriate manner, it is understood that, in the event of changes made during the period during which the offer is being made, the provision which is most advantageous to the consumer shall prevail.

Article 12 - Transactions for an indefinite period of time

1. The consumer may withdraw at any time from a contract concluded for an indefinite period, subject to the rules of termination agreed for this purpose and for a period not exceeding one month.
2. The duration of a given contract may not exceed two years. If it has been agreed that the distance contract will be tacitly extended in the event of the consumer's silence, the contract will continue as an open-ended contract and the period of termination after the continuation of the contract will be a maximum of one month.

Article 13 - Payment

1. Unless otherwise agreed, amounts due from the consumer shall be paid within 14 days of the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of services, this period shall begin after the consumer has received confirmation of the contract.
2. When selling products to consumers, the advance payment to be provided for in the general conditions may never exceed 50%. Where an advance payment has been agreed, the consumer may not assert any right relating to the execution of the order or to the provision of the service(s) until the anticipated advance payment has been made.
3. The consumer is obliged to inform the entrepreneur immediately of any errors in the payment data provided or mentioned.
4. In the event of non-payment by the consumer, the contractor, subject to legal restrictions, has the right to charge the consumer reasonable expenses that he has previously communicated to the consumer.

Payment methods

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Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

• Get first. Pay later (14 days): The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. The complete terms and conditions you can find here.
• Slice it: With the financing service from Klarna you can pay your purchase in flexible monthly instalments of at least 1/24 of the total amount (at least 6.95 €) or else according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice it including terms and conditions and Standard European Consumer Credit Information you can find here.

In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.

Article 14 - Complaints

1. The policyholder shall have a complaint handling procedure with sufficient notice. It shall examine the complaint in accordance with that complaint procedure.
2. Complaints concerning the performance of the contract shall be submitted to the contractor in full and in detail within a reasonable time after the consumer has discovered the defects.
3. Requests for compensation submitted to the policyholder shall be answered within fourteen days of receipt. If it is foreseeable that the examination of a complaint will take longer, the policyholder shall reply within 14 days with an acknowledgement of receipt, indicating when the consumer can expect a wider response.
4. If the parties are unable to agree on a solution to the complaint, there will be a dispute subject to resolution of the dispute.

Article 15 - Disputes

1. Contracts concluded between the entrepreneur and the consumer to whom these general terms and conditions refer shall be governed exclusively by Dutch law.
2. Dispute resolution within the European Commission. The European Commission shall provide an online dispute resolution platform, available at the following address: http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to resolve their disputes. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.
3. A dispute will only be examined by the Dispute Committee if the consumer has submitted his complaint to the contractor within a reasonable time.
4. The dispute must be submitted in writing to the Dispute Commission within three months of the dispute arising.
5. When the consumer wishes to submit a dispute to the Dispute Commission, the contractor shall be bound by this choice. If the entrepreneur so wishes, the consumer must give his opinion in writing within five weeks of the entrepreneur's written request to that effect, if he also wishes to do so or if he wishes to submit the dispute to the court having jurisdiction to that end. If the contractor is not informed of the consumer's choice within five weeks, the contractor has the right to refer the dispute to the competent court.
6. The Dispute Committee shall decide in accordance with the conditions laid down in the Rules of Procedure of the Dispute Committee. The decisions of the Dispute Committee shall be adopted by binding opinion.
7. The Dispute Commission shall not examine a dispute or complete the examination if the contractor has been declared to be in a state of suspension of payments, bankruptcy or has effectively ceased trading before the Commission examines the dispute at a hearing and a final decision has been taken.

Article 16 - Additional or divergent provisions

Additional provisions or derogations from these general conditions may not be detrimental to the consumer. They must be recorded in writing or in such a way that they can be stored in an accessible form on a durable computer medium.

Article 17 - Amendment of general conditions

Amendments to these general terms and conditions shall come into force only after they have been published for this purpose in an appropriate manner, it being understood that in the event of amendments made during the period of an offer the provision most advantageous to the consumer shall prevail.

The Dutch version of these general terms and conditions of business shall be the sole basis for the interpretation of these general terms and conditions of business.