General terms and conditions

wArticle 1 – Definitions

The following definitions apply to these general terms and conditions:

  • Cooling-Off Period: the period during which the consumer can exercise the right of withdrawal;

  • Consumer: a natural person acting for purposes outside their profession or business who enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Long-Term Transaction: a distance contract for a series of products and/or services supplied and/or purchased over time;

  • Durable Data Storage Device: any medium that enables the consumer or entrepreneur to store information personally addressed to them so that it can be accessed in the future and reproduced unaltered;

  • Right of Withdrawal: the consumer’s right to cancel the distance contract during the cooling-off period;

  • Contracting Party: the natural or legal person offering products and/or services to consumers at a distance;

  • Distance Contract: a contract concluded within an organized system for selling products and/or services at a distance, where one or more means of remote communication are used up to and including the time of concluding the contract;

  • Remote Communication Technology: any means that can be used to conclude a contract without the consumer and the entrepreneur meeting in person;

  • General Terms and Conditions: these current general terms and conditions.

Article 2 – Identity of the Entrepreneur

  • Company Name: Cynthia Newyork

  • Chamber of Commerce Number: 94370427

  • Trade Name: Cynthia Newyork

  • VAT Number: NL866745786B01

  • Customer Service E-Mail: info@Cynthia-Newyork.com

  • Business Address: Hof van Ra, New York

Article 3 – Applicability

These general terms and conditions apply to all offers made by the entrepreneur and to all distance contracts and orders entered into between the entrepreneur and the consumer.

Before entering into a distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before concluding the contract that the terms and conditions can be consulted at the entrepreneur’s premises and will be sent free of charge as soon as possible upon request.

For electronic distance contracts, the terms and conditions may be made available electronically so that the consumer can easily store them on a durable data medium. If that is not reasonably possible, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.

If product- or service‑specific conditions also apply, the second and third paragraphs apply mutatis mutandis, and in case of conflict, the consumer may always invoke the provision most favorable to them.

If multiple provisions of these general conditions apply, the consumer may always invoke the most favorable one.

Article 4 – The Offer

If an offer has a limited validity period or conditions, that will be explicitly stated.

The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.

The offer contains a full and accurate description of the products and/or services. The description is sufficiently detailed for the consumer to make an informed judgment. If the entrepreneur uses images, they must accurately represent what is offered. Obvious mistakes in the offer are not binding.

All images, specifications, and data in the offer are indicative and cannot lead to damages or contract termination.

Product images must be a faithful representation. The entrepreneur cannot guarantee that displayed colors match actual product colors.

Each offer must clearly spell out the associated consumer rights and obligations, including:

  • price (excluding customs duties and import VAT), which are borne by the customer;

  • shipping costs;

  • how to conclude the contract and required actions;

  • whether the right of withdrawal applies;

  • payment, delivery, and contract execution methods;

  • acceptance or price‐guarantee period;

  • communication costs if using non‑standard remote means;

  • contract archiving and consumer access;

  • how to review/correct information before concluding;

  • any additional languages in which the contract may be concluded;

  • codes of conduct the entrepreneur adheres to and how to consult them;

  • minimum contract duration for long‑term transactions.

Optional: available sizes, colors, and materials.

Article 5 – The Contract

Subject to Article 4, the contract is concluded when the consumer accepts the offer and meets its conditions.

If accepted electronically, the entrepreneur will immediately confirm receipt of the acceptance. Until that confirmation occurs, the consumer can cancel the contract.

For electronic contracts, the entrepreneur will implement appropriate technical and organizational measures to secure data transmission and create a safe web environment. If electronic payment is possible, adequate security measures will be taken.

The entrepreneur may, within legal limits, investigate the consumer’s ability to pay and other important factors. If there are valid reasons to refuse, the entrepreneur may reject the order or impose special conditions.

The entrepreneur must attach to the product or service, in writing or on a durable medium:

  • the business address where complaints can be submitted;

  • terms and conditions for exercising the right of withdrawal or explicit exclusion of that right;

  • warranty and after-sales information;

  • the information listed in Article 4(3), unless already provided before contract execution;

  • termination conditions for indefinite or contracts longer than one year.

For long‑term transactions, these requirements apply only to the first delivery.

All agreements are subject to the condition that the products are sufficiently in stock.

Article 6 – Right of Withdrawal

When purchasing products, the consumer may withdraw within 14 days of receipt, without giving reasons.

The cooling-off period starts the day after receipt by the consumer or their representative.

During this period, the consumer must handle the product and packaging carefully and may unpack/use the item only to assess whether they want to keep it.

To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or by e‑mail within 14 days of receipt, then return the product within 14 days of notification. Proof of timely return (e.g., shipping receipt) is required.

If the consumer neither withdraws within the period nor returns the item, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer withdraws, they bear the cost of returning the products.

If payment was made, the entrepreneur will refund within 14 days of withdrawal, provided the product has been received or proof of return submitted.

Article 8 – Exclusion of Withdrawal Rights

The entrepreneur may exclude the right of withdrawal for certain products or services, provided this is clearly stated before contract conclusion.

This applies only to:

Products that:

  • are custom-made per consumer specifications;

  • are clearly personal;

  • cannot be returned due to their nature;

  • spoil quickly;

  • have prices that fluctuate in financial markets beyond the entrepreneur’s control;

  • newspapers and magazines;

  • unsealed audio/video/software;

  • unsealed hygienic products.

Services that:

  • concern accommodation, transport, catering, or leisure on a specific date;

  • have delivery begun with consumer’s explicit consent before cooling-off ends;

  • concern gambling or lotteries.

Article 9 – Price

Prices in the offer remain valid during the offer’s period, except for VAT changes.

However, variable-price items tied to financial markets may have indicative prices noted as such.

Price increases within 3 months post‑contract are allowed only if legally mandated.

Increases after 3 months are permitted only if:

  • due to legal/regulatory changes; or

  • the consumer may withdraw from the contract from the day the increase takes effect.

Place of delivery is where transport begins (per Dutch VAT Act 1968), outside the EU. Thus import VAT and duties are collected at destination; no VAT is charged by the entrepreneur.

All prices are subject to typographical errors; the entrepreneur is not liable and is not required to deliver at an incorrect price.

Article 10 – Compliance and Warranty

The entrepreneur guarantees conformity with the contract, offer specifications, legal/regulatory requirements as of contract date. If agreed, suitability for alternative use is also guaranteed.

Entrepreneur’s, manufacturer’s, or importer’s warranties do not affect the consumer’s legal rights.

Defects or incorrect deliveries must be reported in writing within 14 days of delivery, and items returned in original packaging and new condition.

The entrepreneur’s warranty period matches the manufacturer’s. However, the entrepreneur is not responsible for fitness for individual use or advice given.

Warranty is void if:

  • the consumer or third party repaired/modified the product;

  • the product was misused, neglected, or mishandled;

  • the defect arises from new regulatory requirements on materials.

Article 11 – Delivery and Fulfillment

The entrepreneur will carefully process orders.

Delivery place is the consumer’s provided address.

Orders will be fulfilled with due speed, no later than 30 days unless a longer term is agreed. If delayed or unfulfilled, the consumer will be informed within 30 days and may withdraw for free and claim damages.

On withdrawal, a refund will be issued within 14 days.

If delivery is impossible, a replacement may be offered and clearly identified at delivery. In replacement cases, withdrawal rights cannot be excluded and return costs belong to the entrepreneur.

Risk of damage or loss passes to the consumer upon delivery to them or their representative, unless agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Withdrawal, and Renewal

Withdrawal

Consumers may withdraw from open-ended supply contracts (e.g., regular delivery or services like electricity) anytime, respecting agreed notices of no more than one month.
They may withdraw from fixed-duration contracts at the end of the period with at most a one-month notice, per agreed exit terms.
Withdrawal may be:

  • at any time, not only at specific dates;

  • in the same manner as contract conclusion;

  • with the same notice period.

Renewal

Fixed-term supply contracts cannot renew automatically to another fixed term.
Exception: fixed-term subscriptions to newspapers/magazines may auto-renew for up to three months if the consumer may withdraw at term-end with notice up to one month.
Fixed-term contracts may auto-renew to indefinite status if consumers can withdraw anytime with one month’s notice (or up to three months if delivery is less than monthly of newspapers/magazines).
Trial subscriptions for periodicals do not auto-renew and end automatically at trial end.

Contract Duration

If a contract exceeds one year, the consumer may withdraw anytime after one year with a maximum one-month notice, unless early withdrawal is reasonable.

Article 13 – Payment

Unless agreed otherwise, payments are due within 7 business days from the start of the cooling-off period (Article 6.1). For service contracts, the period starts when the consumer receives contract confirmation.

The consumer must promptly report inaccuracies in payment information.

For non-payment, the entrepreneur may charge a reasonable and pre-announced fee within legal limits.

Article 14 – Complaint Procedure

Complaints about contract execution must be submitted in full and clearly within 7 days of discovering the defect.

The entrepreneur will respond within 14 days. If more time is needed, a notification will be sent within 14 days indicating when a detailed response can be expected.

If unresolved by mutual agreement, a formal dispute arises, subject to dispute resolution procedures.

Filing a complaint does not suspend entrepreneur obligations unless stated in writing.

If the entrepreneur acknowledges the complaint, they will either replace or repair the product free of charge, at their discretion.

Article 15 – Disputes

Contracts governed by these terms and conditions are exclusively subject to Dutch law, even if the consumer resides abroad.