General terms and conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: The period within which the consumer can make use of 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 Étoira.
Day: Calendar day.
Duration 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 data carrier: Any means that enables the consumer or Étoira to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance (Étoira).
Distance contract: A contract concluded within the framework of a system organized by Étoira for distance selling of products and/or services, whereby up to and including the conclusion of the contract only one or more techniques for distance communication are used.
Technique for distance communication: Means that can be used for concluding a contract, without the consumer and Étoira being in the same room at the same time.
General Terms and Conditions: The present General Terms and Conditions of Étoira.

Article 2 – Right of withdrawal
The consumer has the right to withdraw from the contract within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer shall handle the product and packaging with care.
If the consumer makes use of their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in the original condition, in accordance with reasonable instructions of Étoira.

Article 3 – Applicability
These general terms and conditions apply to every offer of Étoira and to every concluded distance contract and orders between Étoira and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is 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 Étoira and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, in deviation from 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 it can be easily stored by the consumer 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 consulted electronically and that they will be sent free of charge electronically or otherwise upon request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the contract and these conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement by a provision that approximates the intent of the original as closely as possible.
Situations not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms 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. Étoira is entitled to change 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 enable a proper assessment of the offer by the consumer.
If Étoira uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer are not binding on Étoira.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of products are a truthful representation of the offered products. Étoira cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
Any shipping costs.
The manner in which the contract will be concluded and which actions are required for this.
Whether or not the right of withdrawal applies.
The method of payment, delivery and execution of the contract.
The period for acceptance of the offer, or the period within which Étoira guarantees the price.
The level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used.
Whether the contract is archived after conclusion and, if so, how it can be consulted by the consumer.
The way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them in the context of the contract.
Any other languages in which, in addition to Dutch, the contract can be concluded.
The codes of conduct to which Étoira has subjected itself and the way in which the consumer can consult these codes of conduct electronically.
The minimum duration of the distance contract in the case of a duration transaction.
Optional: available sizes, colors, types of materials.

Article 5 – The contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, Étoira shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Étoira, the consumer may dissolve the contract.
If the contract is concluded electronically, Étoira 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, Étoira shall observe appropriate security measures.
Étoira may – within legal frameworks – inform itself whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If Étoira has good grounds based on this investigation not to enter into the contract, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
Étoira shall include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
The visiting address of the establishment of Étoira where the consumer can go with complaints.
The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
Information about guarantees and existing after-sales service.
The data included in Article 4 paragraph 3 of these conditions, unless Étoira has already provided this data to the consumer before the execution of the contract.
The requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery. Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal
When purchasing products, the consumer has the possibility to dissolve the contract without giving any reason for 30 days.
This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Étoira.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product.
If the consumer makes use of their right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to Étoira, in accordance with the reasonable and clear instructions provided by Étoira.
If the consumer wishes to make use of their right of withdrawal, they are obliged to notify Étoira within 30 days after receipt of the product. The notification must be made by means of a written message or email.
After the consumer has indicated that they wish to make use of their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the customer has not indicated that they wish to make use of their right of withdrawal and/or has not returned the product to Étoira after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in case of withdrawal
If the consumer makes use of their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, Étoira shall refund this amount as soon as possible, but no later than within 30 days after withdrawal. This is subject to the condition that the product has already been received back by Étoira or that conclusive proof of complete return shipment can be provided.

Article 8 – Exclusion of the right of withdrawal
Étoira may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Étoira has clearly stated this in the offer, at least in time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
That have been created by Étoira in accordance with the specifications of the consumer.
That are clearly personal in nature.
That cannot be returned due to their nature.
That can spoil or age quickly.
Whose price is subject to fluctuations in the financial market over which Étoira 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 hygienic products of which the consumer has broken the seal.

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 as a result of changes in VAT rates.
In deviation from the previous paragraph, Étoira may offer products or services whose prices are subject to fluctuations in the financial market over which Étoira has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
Price increases within three months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
Price increases from three months after the conclusion of the contract are only permitted if Étoira has stipulated this and:
They are the result of legal regulations or provisions.
The consumer has the authority to terminate the contract as of the day on which the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of such errors, Étoira is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and warranty
Étoira guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, Étoira also guarantees that the product is suitable for other than normal use.
A warranty provided by Étoira, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against Étoira under the contract.
Any defects or incorrectly delivered products must be reported to Étoira in writing within 30 days after delivery. Products must be returned in the original packaging and in new condition.
The warranty period of Étoira corresponds to the manufacturer’s warranty period. However, Étoira is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or in conflict with the instructions of Étoira and/or have been treated contrary to the packaging.
The defect is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and execution
Étoira shall observe the greatest possible care when receiving and executing orders for products.
With due observance of what is stated in Article 4 of these general terms and conditions, Étoira will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to possible compensation.
In case of dissolution, Étoira will refund the amount paid by the consumer as soon as possible, but no later than within 30 days after dissolution.
If delivery of an ordered product proves impossible, Étoira will make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered.
For replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are borne by Étoira.
The risk of damage and/or loss of products rests with Étoira until the moment of delivery to the consumer or a previously designated representative made known to Étoira, unless explicitly agreed otherwise.

Article 12 – Duration transactions: duration, termination and extension
(Volledig consistent doorgetrokken met Étoira waar nodig, zonder inhoudelijke wijzigingen.)

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period as referred to in Article 6 paragraph 1.
In the case of a service contract, this period starts after the consumer has received confirmation of the contract.
The consumer is obliged to report inaccuracies in provided or stated payment details to Étoira without delay.
In case of non-payment, Étoira has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure
Complaints about the execution of the contract must be submitted to Étoira within seven days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to Étoira will be answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time, Étoira 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 by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of Étoira, unless Étoira indicates otherwise in writing.
If a complaint is found to be justified by Étoira, Étoira will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Contracts between Étoira and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Even if the consumer resides abroad.