Terms and Conditions of Service
Terms and Conditions of Service
This website is operated by Olive & Lily Savannah. Throughout the site, the terms “we”, “us” and “our” refer to Olive & Lily Savannah. Olive & Lily Savannah offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, suppliers, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
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Reflection period: the period within which the consumer may exercise their right of withdrawal.
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Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
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Day: calendar day.
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Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time.
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Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
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Right of withdrawal: the consumer’s option to withdraw from the distance contract within the reflection period.
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Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
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Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, whereby, up to and including the conclusion of the agreement, one or more techniques for distance communication are used exclusively.
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Technique for distance communication: a means that can be used to conclude an agreement without the consumer and the entrepreneur being together in the same room at the same time.
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General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Trade name: Noah Tjin Pit Joen
Physical address: Joshof 1, 4813EX Breda, The Netherlands
Customer service email: support@olivelily-savannah.com
Company/VAT number: 97778575
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order 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 not reasonably possible, prior to the conclusion of the distance contract, it will be indicated that the General Terms and Conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, notwithstanding the previous paragraph, the text of these General Terms and Conditions may be provided electronically to the consumer in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the General Terms and Conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
If, in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs apply correspondingly, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If any provision of these Terms and Conditions is at any time wholly or partially void or annulled, the agreement and the remainder of these conditions shall remain in force, and the provision concerned shall immediately be replaced by a provision that approaches the purpose of the original as closely as possible.
Situations not provided for in these General Terms and Conditions shall be assessed in the spirit of these Terms and Conditions. Ambiguities about the interpretation or content of one or more provisions of these Terms and Conditions shall be interpreted in the spirit of these 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. The company reserves the right to change 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 the consumer to make a proper assessment of the offer. If the company uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the company.
All images, specifications, and information in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images of products are a true representation of the offered products. The company cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer, including:
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the price (excluding customs duties and import VAT, which are borne by the customer)
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any shipping costs
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how the agreement will be concluded and which actions are required for this
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whether or not the right of withdrawal applies
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method of payment, delivery, and execution of the agreement
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the period for accepting the offer or the period within which the company guarantees the price
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the rate of distance communication if calculated differently from the basic rate
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whether the agreement will be archived after conclusion and, if so, how it can be consulted by the consumer
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the manner in which the consumer, prior to concluding the agreement, can check and, if necessary, correct the information provided
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any other languages in which the agreement may be concluded, besides English
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the codes of conduct to which the company has submitted itself and how the consumer can consult them electronically
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the minimum duration of the distance agreement in the case of a long-term transaction
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available sizes, colors, and material types.
Article 5 – The Agreement
The agreement, subject to the provisions of paragraph 4, is concluded at the moment the consumer accepts the offer and fulfills the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall 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 observe appropriate security measures.
Within legal limits, the entrepreneur may obtain information on whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance agreement. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to its execution.
Together with the product or service, the entrepreneur shall send the consumer the following information, in writing or in such a way that the consumer can store it on a durable medium:
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the visiting address of the entrepreneur’s business establishment to which the consumer may address complaints;
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the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
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information about warranties and existing after-sales service;
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the information referred to in Article 4(3), unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
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the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every 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 right to dissolve the agreement without stating reasons within 14 days. This withdrawal period starts on the day after the consumer, or a representative previously designated by the consumer and notified to the entrepreneur, has received the product.
During the reflection period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise the right of withdrawal, the consumer shall return the product with all supplied 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.
If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must communicate this by means of a written statement or email. Once the consumer has communicated that they wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, by means of a shipping confirmation.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal, or has not returned the product to the company, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop, or conclusive proof of complete return can be provided.
Article 8 – Customs, Import Duties, and VAT Obligations
8.1 All goods offered and sold via this website are supplied on a Delivered Duty Unpaid (DDU) basis, as defined in Incoterms 2000. This means the customer is solely and fully responsible for all costs and obligations arising from the importation of the goods into the destination country.
8.2 Such obligations include, but are not limited to:
(a) payment of import duties, VAT, GST, or other applicable taxes at entry;
(b) customs clearance costs, including brokerage, inspection, or handling fees imposed by customs authorities, postal services, or couriers;
(c) compliance with local laws, product regulations, restrictions, and certifications required in the delivery country.
8.3 The seller (the “entrepreneur”) does not act as the registered importer for any order. Legal ownership and responsibility for the goods transfer to the customer upon dispatch. The entrepreneur is not liable for delays, seizures, rejections, or fines resulting from the customer’s non-compliance with applicable import laws or non-payment of required fees.
8.4 The entrepreneur provides necessary commercial documentation for international shipping (including, where required, a pro forma or commercial invoice, product description, and declared value). However, the entrepreneur does not guarantee that the documentation or goods meet specific regulatory or technical import requirements of the destination country. The customer is solely responsible for verifying whether the ordered goods are permitted for import, subject to restrictions, or require special permits or licenses.
8.5 The customer agrees to indemnify and hold the entrepreneur harmless from any financial consequences, claims, fines, or duties imposed by customs authorities or third parties resulting from the customer’s non-compliance with applicable import regulations.
8.6 Customers are strongly advised to contact their local customs authority or review relevant import guidelines before placing an order, to avoid unexpected duties, delays, or rejections at the border.
Article 9 – Compliance with CESOP
From 2024, payment service providers must record transaction data in the CESOP system (Central Electronic System of Payment Information) under EU regulations. We comply with these regulations, which may affect the monitoring and reporting of payments.
Article 10 – Exclusion of the Right of Withdrawal
The company may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the company has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Withdrawal may be excluded only for products:
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manufactured according to the consumer’s specifications;
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clearly personal in nature;
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which, by their nature, cannot be returned;
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which may spoil or expire quickly;
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whose price depends on fluctuations in the financial market beyond the company’s control;
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newspapers and magazines;
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audio/video recordings or computer software unsealed by the consumer;
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hygiene products unsealed by the consumer.
Withdrawal may be excluded for services:
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relating to accommodation, transport, catering, or leisure activities to be carried out on a specific date or within a specific period;
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which have begun with the consumer’s explicit consent before the withdrawal period has expired;
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relating to betting and lotteries.
Article 11 – Price
During the period stated in the offer, the prices of the products and/or services offered will not be increased, except for changes in VAT rates.
By way of exception, the company may offer products or services whose prices are tied to fluctuations in the financial market, beyond the company’s control, at variable prices. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations.
Price increases after 3 months from the conclusion of the agreement are only permitted if the company has reserved this right and:
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they are the result of statutory regulations, or
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the consumer has the right to terminate the agreement from the day the price increase takes effect.
The place of delivery, in accordance with Dutch VAT Law (1968), is the country where transport begins. In this case, delivery takes place outside the EU. Accordingly, import VAT or customs duties will be collected by the postal or courier service from the recipient. Therefore, the company does not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of errors, the company is not obliged to deliver the product at the incorrect price.
Article 12 – Conformity and Warranty
The company guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
If agreed, the company also guarantees that the product is suitable for other than normal use.
Any warranty provided by the company, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the company under the agreement.
Defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. Products must be returned in their original packaging and condition.
The company’s warranty period corresponds to the manufacturer’s warranty period. However, the company is never responsible for the ultimate suitability of the products for each individual consumer or for any advice regarding the use or application of the products.
The warranty does not apply if:
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the consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
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the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the entrepreneur’s instructions and/or instructions on the packaging;
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the defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.
Article 13 – Delivery and Execution
The company shall exercise the utmost care when receiving and executing product orders.
Subject to what is stated in Article 4, the company shall execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or only partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer is entitled to terminate the agreement at no cost and is entitled to any compensation.
In the event of termination under the preceding paragraph, the company shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the company shall endeavor to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. Return shipping costs, if applicable, shall be borne by the company.
The risk of damage and/or loss of products rests with the company until delivery to the consumer or a pre-designated representative known to the company, unless expressly agreed otherwise.
Article 14 – Long-Term Transactions: Duration, Termination, and Renewal
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 notice period of no more than one month.
The consumer may terminate a fixed-term agreement for the regular delivery of products (including electricity) or services 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 referred to above:
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at any time and not be limited to termination at a specific time or in a specific period;
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at least terminate in the same manner in which they were entered into;
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always terminate with the same notice period as the company has set for itself.
Renewal
A fixed-term agreement for the regular delivery of products or services may not be tacitly extended or renewed for a fixed term.
By way of exception, a fixed-term agreement for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months if the consumer can terminate this 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 tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and no more than three months for agreements involving the regular, but less than monthly, delivery of daily or weekly newspapers and magazines.
A limited-term agreement for the regular delivery of daily or weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) will not be tacitly extended and ends automatically after the trial or introductory period.
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 reasonableness and fairness dictate that termination before the end of the agreed duration is unacceptable.
Article 15 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6(1).
In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.
The consumer has a duty to immediately report inaccuracies in payment details provided or stated to the company.
In case of non-payment by the consumer, the company has the right, subject to statutory limitations, to charge reasonable costs previously made known to the consumer.
Article 16 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.
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 reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute settlement.
A complaint does not suspend the company’s obligations unless the company indicates otherwise in writing.
If a complaint is found to be justified by the company, the company will, at its option, either replace or repair the delivered products free of charge.
Article 17 – Disputes
Agreements between the company and the consumer to which these General Terms and Conditions relate are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
Article 18 – Contact Information
Questions about the Terms of Service should be sent to us at:
📧 support@olivelily-savannah.com