ARTICLE 1 – DEFINITIONS
In these Terms and Conditions, the following definitions apply:
Reflection period:
the period within which the consumer can make use of their right of withdrawal;
Consumer:
the natural person who is not acting for purposes related to their trade, business, craft or profession, and who enters into a distance contract with the trader;
Term 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 medium:
any instrument that enables the consumer or trader to store information addressed personally to them in a way that allows future reference and unaltered reproduction of the stored information.
Right of withdrawal:
the option for the consumer to withdraw from the distance contract within the reflection period;
Trader:
the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract:
a contract concluded, within the framework of a system organised by the trader for the distance selling of products and/or services, in which exclusive use is made of one or more techniques for distance communication up to and including the moment the contract is concluded;
Distance communication technology:
means that can be used to conclude a contract without the consumer and trader being together in the same place at the same time.
Terms and Conditions:
these terms and conditions of the trader.
ARTICLE 2 – IDENTITY OF THE TRADER
Company name: E-Com Sealiti, Published under the name Driftly
Address: Elzenhove 4, Kwinstheul, South-Holland, 2295RL, the Netherlands
Email address: support@driftly.uk
Phone number: +31 6 14116040
Or contact us via the contact form
KVK (chamber of commerce): 99982358
VAT number: NL869213465B01
Opening hours
Monday-Friday: 08:00-18:00
Saturday and Sunday: 10:00-16:00
We try to respond to your email within 24 hours.
ARTICLE 3 – APPLICABILITY
These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between trader and consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the terms and conditions can be reviewed at the trader's premises and will be sent free of charge as quickly as possible at the consumer's request.
If the distance contract is concluded electronically, then notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
In the event that, in addition to these terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.
If one or more provisions of these Terms and Conditions are at any time wholly or partly null and void or are annulled, the Agreement and these Terms and Conditions will otherwise remain in force, and the provision in question will be replaced without delay by a provision that comes as close as possible to the intent of the original.
Situations not covered by these Terms and Conditions must be assessed 'in the spirit' of these Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our Terms and Conditions must be interpreted 'in the spirit' of these Terms and Conditions.
ARTICLE 4 – THE OFFER
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The trader has the right to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.
If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
All images and specifications in the offer are indicative and cannot give rise to any compensation or termination of the contract.
Images of products are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This applies in particular to:
• The price, excluding customs clearance costs and import duties. These additional costs are for the account and risk of the customer. The postal and/or courier service will benefit from the special scheme for postal and courier services regarding imports. This regime applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the invoiced customs clearance costs) from the recipient of the goods;
• Any shipping costs;
• The manner in which the contract will be concluded and which actions are necessary for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery and performance of the contract;
• The period for acceptance of the offer, or the period within which the trader guarantees the price;
• The amount of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication means used;
• Whether the contract will be archived after it is concluded and, if so, how the consumer can access it;
• The manner in which the consumer can check, and if necessary correct, the data they provided under the contract before the contract is concluded;
• Any other languages in which the contract can be concluded besides Dutch;
• The codes of conduct to which the trader is subject, and how the consumer can consult these codes of conduct electronically;
• The minimum duration of the distance contract in case of a continuing performance contract.
Optional: available sizes, colours, material types.
ARTICLE 5 – THE CONTRACT
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the corresponding conditions.
If the consumer has accepted the offer electronically, the trader 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 trader, the consumer may terminate the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader may, within legal limits, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reason not to enter into the contract, the trader is entitled to refuse an order, to make a justified request, or to attach special conditions to the performance.
The trader will send the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
• the visiting address of the trader's place of business where the consumer can lodge complaints;
• the conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about guarantees and existing customer service;
• the information included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before performance of the contract;
• the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Every contract is concluded subject to the condition of sufficient availability of the relevant products.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the option of terminating the contract without giving reasons for 30 days. This reflection period begins on the day after the consumer, or a representative designated by the consumer in advance and made known to the trader, receives the product.
During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 30 days of receiving the goods. The consumer must indicate this by means of a written notice/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 30 days.
The consumer must prove that the delivered goods were returned in time, for example by providing proof of shipment.
If, after the periods mentioned in paragraphs 2 and 3 have elapsed, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer, unless the return is the result of an error or shortcoming on the part of the trader.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 14 days after withdrawal, provided that the product has already been received back by the online retailer or conclusive proof of complete return shipment can be provided.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3.
The trader has clearly stated this in the offer in good time before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:
• produced by the trader according to consumer specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or deteriorate quickly;
• whose price is subject to fluctuations in the financial market over which the trader 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 hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
• relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
• the delivery of which has begun with the consumer's express consent before the end of the reflection period;
• relating to bets and lotteries.
ARTICLE 9 – PRICE
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
If the price is reduced, the customer is not entitled to any compensation. The customer agreed to the applicable price at the time of purchase.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that the prices quoted are indicative are stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
• they result from statutory regulations or provisions; or
• the consumer has the right to cancel the contract with effect from the day on which the price increase takes effect.
The place of delivery is based on Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, in the country where transport begins. In this case, delivery takes place outside the EU. The postal or courier service then collects the import duty or customs clearance costs from the customer. No VAT is therefore charged to the trader.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the trader is not obliged to deliver the product at the incorrect price.
ARTICLE 10 – COMPLIANCE AND WARRANTY
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded.
If agreed, the trader also guarantees that the product is suitable for use other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. The products must be returned in their original packaging and in new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for any individual application by the consumer, or for any advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired and/or processed the delivered products themselves, or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in conflict with the trader's instructions, and/or have been mishandled with regard to the packaging;
the inadequacy is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
ARTICLE 11 – DELIVERY AND PERFORMANCE
The trader will exercise the greatest possible care when accepting and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to the provisions of Article 4 of these terms and conditions, the company will process accepted orders with due speed but no later than within 14 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 receive notice of this no later than 14 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge and is entitled to compensation.
In the event of termination in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after the termination.
If delivery of an ordered product proves impossible, the trader will make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensively stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment in the case of a replacement item are 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 expressly agreed otherwise.
ARTICLE 12 – TERM TRANSACTIONS: DURATION, TERMINATION AND RENEWAL
Termination
The consumer may terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs at any time and is not restricted to termination at a specific time or within a specific period; termination must at least be possible in the same way as the contract was concluded; the consumer may always terminate with the same notice period that the trader has