Terms & Conditions
Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection Period: The period during which the consumer can exercise their right of withdrawal.
Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Long-term Transaction: A distance contract concerning a series of products and/or services, the delivery and/or acceptance of which is spread over time.
Durable Data Carrier: Any means that enables the consumer or entrepreneur 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 possibility for the consumer to cancel a distance contract within the reflection period.
Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers, in this case Kelsey & Stacy.
Distance Contract: A contract concluded within the framework of a system organized by the entrepreneur for selling products and/or services remotely, without the consumer and entrepreneur being simultaneously present in the same location.
Remote Communication Technique: A means that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time.
Terms and Conditions: These Terms and Conditions of Kelsey & Stacy.
Article 2 – Right of Withdrawal
The consumer has the right to cancel the contract within 30 days without giving any reason. During the reflection period, the consumer must handle the product and its packaging with care.
If the consumer exercises the right of withdrawal, they must return the product with all supplied accessories and, if possible, in its original condition, following reasonable instructions provided by Kelsey & Stacy.
Article 3 – Applicability
These terms and conditions apply to every offer from Kelsey & Stacy and to every distance contract and order between Kelsey & Stacy and the consumer.
Before concluding the distance contract, the text of these terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated where the terms can be inspected and they will be sent free of charge upon request.
If the distance contract is concluded electronically, the terms and conditions can be made available electronically in such a way that they can be easily stored on a durable data carrier. If this is not possible, the consumer will be informed where they can consult the terms and conditions electronically and that they will be sent free of charge.
If specific product or service conditions also apply, these terms’ provisions apply accordingly, and in case of conflicting terms, the consumer may always rely on the provision most favorable to them.
If any provision of these terms and conditions is invalid or nullified, the remaining provisions and the contract remain in force, and the invalid provision will be replaced by a provision as close as possible to the original intent.
Situations not covered should be assessed “in the spirit” of these terms. Ambiguities shall also be interpreted in accordance with the spirit of these terms.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated. The offer is non-binding. Kelsey & Stacy may modify or adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services, sufficiently detailed for the consumer to assess the offer.
Images used are truthful representations. Obvious errors do not bind Kelsey & Stacy.
All images and specifications are indicative and do not give rise to compensation or contract annulment.
Each offer contains information clarifying the consumer’s rights and obligations, including:
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Shipping costs, if any.
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How the contract will be concluded.
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Applicability of the right of withdrawal.
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Method of payment, delivery, and execution.
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Acceptance period or price guarantee period.
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Communication costs if different from standard rates.
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Archiving of the contract and access by the consumer.
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Checking and correcting personal data before concluding the contract.
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Other languages available for the contract.
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Codes of conduct and how to consult them.
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Minimum contract duration for long-term transactions.
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Optional: sizes, colors, and materials.
Article 5 – The Contract
The contract is concluded when the consumer accepts the offer and meets all conditions.
Electronic acceptances are confirmed immediately by Kelsey & Stacy. Until confirmation, the consumer may dissolve the contract.
Kelsey & Stacy ensures secure electronic data transfer and a safe web environment. Security measures are applied for electronic payments.
Kelsey & Stacy may assess the consumer’s ability to pay and other relevant factors. Orders may be refused or special conditions applied if necessary.
Information provided with products or services includes:
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Address for complaints.
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Conditions and method for withdrawal.
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Warranty and after-sales service information.
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Data from Article 4, paragraph 3, unless already provided.
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Termination conditions for long-term agreements.
For long-term transactions, this applies only to the first delivery.
Article 6 – Right of Withdrawal
Consumers may cancel products within 30 days without reason.
The reflection period starts the day after receipt by the consumer or a designated representative.
During this period, the product must be handled carefully and only unpacked to the extent necessary to evaluate it.
Returned products must include all accessories and, if reasonably possible, be in original condition and packaging, following Kelsey & Stacy’s instructions.
The consumer must notify Kelsey & Stacy within 30 days of exercising the right of withdrawal and return the product within 30 days, providing proof of timely shipment.
If these deadlines are not met, the purchase is considered final.
Article 7 – Costs in Case of Withdrawal
Return shipping costs are borne by the consumer.
Refunds will be processed within 30 days, provided the product has been received or proof of return is provided.
Article 8 – Exclusion of Withdrawal
Withdrawal may be excluded for products:
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Made to consumer specifications.
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Clearly personal in nature.
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That cannot be returned due to their nature.
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Perishable or subject to quick aging.
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Price dependent on financial market fluctuations beyond Kelsey & Stacy’s control.
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Newspapers, magazines, media, video recordings, or software with broken seals.
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Hygiene products with broken seals.
Article 9 – Price
Prices are fixed during the offer period unless VAT or legal changes apply.
Variable prices may apply to products affected by financial market fluctuations.
Price increases within 3 months of the contract are allowed only by law; after 3 months, increases are permitted if agreed and allow the consumer to cancel from the effective date.
All prices are subject to typographical errors; Kelsey & Stacy is not liable for such errors.
Article 10 – Conformity and Warranty
Kelsey & Stacy guarantees products/services meet the contract, offer specifications, reasonable standards, and legal requirements.
Manufacturer warranties do not affect statutory consumer rights.
Defects or wrong deliveries must be reported within 30 days. Products must be returned in original packaging and condition.
Kelsey & Stacy’s warranty matches the manufacturer’s; suitability for individual use or advice on application is not guaranteed.
Warranty is void if:
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Products are repaired/modified by the consumer or third parties.
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Products are exposed to abnormal conditions or handled improperly.
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Defects arise from government regulations regarding material quality.
Article 11 – Delivery and Execution
Kelsey & Stacy handles orders with utmost care.
Orders are delivered within 30 days unless a longer period is agreed.
Delays or partial deliveries will be communicated; the consumer may cancel without cost and claim damages.
If a product cannot be delivered, a replacement will be offered, and the right of withdrawal applies to replacements.
Risk of damage or loss remains with Kelsey & Stacy until delivery to the consumer or designated representative unless agreed otherwise.
Article 12 – Long-term Transactions: Duration, Termination, and Extension
Termination: Contracts for indefinite or fixed periods may be terminated by the consumer with a maximum one-month notice.
Extension: Fixed-term contracts for regular delivery may not be extended automatically, except short-term magazine/newspaper trials (max 3 months). Automatic extension of long-term contracts is only allowed if the consumer may terminate at any time with proper notice.
Duration: For contracts exceeding one year, the consumer may terminate after one year with a maximum one-month notice unless fairness dictates otherwise.
Article 13 – Payment
Unless agreed otherwise, amounts due must be paid within 7 days after the reflection period starts.
For service contracts, the period starts after confirmation of the contract.
Consumers must report incorrect payment details immediately.
In case of default, reasonable costs may be charged by Kelsey & Stacy.
Article 14 – Complaints Procedure
Complaints about contract performance must be submitted within 7 days after identifying defects.
Complaints are answered within 14 days.
If more time is needed, an acknowledgment with expected response time will be sent.
If unresolved, the dispute may enter a dispute resolution procedure.
A justified complaint may result in replacement or repair free of charge.
Article 15 – Disputes
Dutch law exclusively governs contracts between Kelsey & Stacy and the consumer.
This applies even if the consumer resides abroad.