Terms and Conditions

Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

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

  • Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with Alofa or ByAlofa;

  • Day: calendar day;

  • Long-term transaction: a distance contract relating to a series of products and/or services, for which the supply and/or purchase obligation is spread over time;

  • Durable medium: any means that enables the consumer or Alofa or ByAlofa to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.

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

  • Alofa or ByAlofa: the natural or legal person who offers products and/or services to consumers remotely;

  • Distance contract: an agreement concluded within the framework of a system organised by Alofa or ByAlofa for the remote sale of products and/or services, whereby one or more means of remote communication are exclusively used up to and including the moment the contract is concluded;

  • Remote communication technology: a means that can be used for concluding an agreement without the consumer and Alofa or ByAlofa simultaneously meeting in the same space.

  • Terms and Conditions: these general terms and conditions of Alofa or ByAlofa.

Article 2 – Identity of ByAlofa
Company name: ByAlofa
Business address: Sportweg 14, 1775 AJ, NL
Chamber of Commerce number: 94146160
VAT identification number: NL866653089B01

Article 3 – Applicability
These general terms and conditions apply to every offer made by Alofa or ByAlofa and to every distance contract and order concluded between Alofa or ByAlofa 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at Alofa or ByAlofa’s premises and that they will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s 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 always invoke the applicable provision that is most favourable to them in case of conflicting general conditions.
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 conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general 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 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. Alofa or ByAlofa is entitled to modify 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 a proper assessment of the offer by the consumer. If Alofa or ByAlofa uses images, these will be a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind Alofa or ByAlofa.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.
Images accompanying products are a true representation of the offered products. Alofa or ByAlofa cannot guarantee that the displayed colours precisely match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This includes in particular:

  • The price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special scheme for postal and courier services for importation into the EU country of destination, which is also applicable in this case. The postal and/or courier service collects VAT (possibly along with any charged clearance costs) from the recipient of the goods;

  • Any shipping costs;

  • The way the agreement will be concluded and what actions are required for this;

  • 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 Alofa or ByAlofa guarantees the price;

  • The rate for remote communication if the costs of using the remote communication technology are calculated on a basis other than the regular basic rate for the used means of communication;

  • Whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;

  • The way the consumer can check and, if necessary, correct the information provided under the agreement before concluding it;

  • Any other languages in which, in addition to English, the agreement may be concluded;

  • The codes of conduct to which Alofa or ByAlofa has submitted and the way the consumer can consult these codes of conduct electronically;

  • The minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colours, types of materials.

Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, 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 ensure a secure online environment. If the consumer is able to make payments electronically, the entrepreneur will take appropriate security measures in this regard.
The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as any facts and factors that are relevant for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds to refuse the agreement, they are entitled to refuse an order or application, or to attach special conditions to its execution.
The entrepreneur will provide the following information to the consumer with the product or service, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

  1. The physical address of the entrepreneur’s establishment where the consumer can submit complaints;

  2. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear indication that the right of withdrawal is excluded;

  3. Information on warranties and after-sales service;

  4. The information in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the conclusion of the agreement;

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

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to cancel the agreement without providing any reason within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise the right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The notification must be made through a written message or email. Once the consumer has communicated their intention to exercise the right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the goods were returned in time, for example, through proof of dispatch.
If the consumer has not notified their intention to exercise the right of withdrawal or has not returned the product within the timelines mentioned in paragraphs 2 and 3, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the cost of returning the products will be borne by the consumer.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided the product has been returned or conclusive proof of its return is provided.

Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly mentioned this in the offer, or at least in a timely manner before the agreement is concluded.
The right of withdrawal can only be excluded for products that:

  1. Have been created by the entrepreneur in accordance with the consumer’s specifications;

  2. Are clearly personal in nature;

  3. By their nature cannot be returned;

  4. Can spoil or age quickly;

  5. Have a price that is tied to fluctuations in the financial market beyond the entrepreneur’s control;

  6. Are single newspapers and magazines;

  7. Are audio or video recordings and computer software, where the consumer has broken the seal;

  8. Are hygiene products where the consumer has broken the seal.
    The right of withdrawal can also be excluded for services that:

  9. Relate to accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period;

  10. The delivery of which has started with the explicit consent of the consumer before the cooling-off period has expired;

  11. Relate to gambling and lotteries.

Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with prices tied to fluctuations in the financial market, over which the entrepreneur has no control, at variable prices. The dependency on fluctuations and that any stated prices are indicative will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  1. They result from legal regulations or provisions; or

  2. The consumer has the right to terminate the agreement as of the day the price increase takes effect.
    The place of delivery, in accordance with Article 5, paragraph 1, of the VAT Act 1968, is the country where the transportation starts. In this case, delivery occurs outside the EU. As a result, the consumer will be charged import VAT or clearance fees by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.
    All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for consequences arising from printing or typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged 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 agreement, the specifications mentioned in the offer, the reasonable requirements of quality and/or usability, and the applicable legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The warranty period of the entrepreneur matches the manufacturer's warranty period. However, the entrepreneur is never responsible for the 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:

  1. The consumer has repaired or altered the delivered products themselves or had them repaired or altered by third parties;

  2. The delivered products have been exposed to abnormal conditions, are handled carelessly, or are not in compliance with the entrepreneur’s instructions or the packaging;

  3. The defect is entirely or partly the result of government-imposed regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance
The entrepreneur will exercise the utmost care in receiving and executing product orders.
The place of delivery will be the address the consumer has provided to the entrepreneur.
Subject to the provisions in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed or if an order cannot be fully or partially executed, the consumer will be informed no later than 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 case of cancellation according to the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, the entrepreneur will strive to provide a substitute product. A clear and understandable notification will be given to the consumer upon delivery that a substitute product is being delivered. In the case of substitute products, the right of withdrawal cannot be excluded. The cost of any return shipment is the responsibility of the entrepreneur.
The risk of damage or loss of products rests with the entrepreneur until delivery to the consumer or a representative designated by the consumer and notified to the entrepreneur, unless otherwise agreed upon.

Article 12 – Duration Transactions: Duration, Termination, and Extension
Termination
The consumer may terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a maximum notice period of one month.
The consumer may terminate an agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, at any time, at the end of the fixed period, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs at any time and is not restricted to termination at a specific time or during a specific period;
Termination must occur at least in the same manner as the consumer entered into the agreement;
The consumer may always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension
An agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a certain period.
However, a fixed-term agreement involving the regular delivery of daily, weekly, or periodicals, such as newspapers and magazines, may be automatically extended for up to three months if the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of products or services may only be extended indefinitely if the consumer can terminate it at any time with a notice period of no more than one month and with a notice period of no more than three months if the agreement relates to the regular delivery of daily, weekly, or periodicals that are less than monthly.
An agreement for a limited duration for the regular delivery of day newspapers, weekly newspapers, or periodicals (trial or introductory subscription) does not continue automatically and ends when the trial or introductory period ends.

Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6, paragraph 1 begins. In the case of an agreement for the provision of a service, this period starts once the consumer has received confirmation of the agreement.

The consumer has the obligation to promptly notify Alofa of any inaccuracies in the provided or stated payment details.

In the event of non-payment by the consumer, Alofa, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to Alofa fully and clearly within 7 days after the consumer has discovered the defects.

Complaints submitted to Alofa will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Alofa will respond within 14 days 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 Alofa’s obligations unless Alofa indicates otherwise in writing.

If a complaint is found to be justified by Alofa, Alofa will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to agreements between Alofa and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures being introduced and strengthened from 2024 in connection with the "Act amending the Turnover Tax Act 1968 (Act for the implementation of the Payment Services Directive)" and the implementation of the central electronic system for payment information (CESOP), payment service providers may register data in the European CESOP system.