Article 1 – Definitions

In these terms and conditions, the following terms are understood to mean:

Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person who is not acting for purposes related to their trade, business, craft, or professional activity, and specifically the natural person who uses the website of Petit Sam and the products, services, and information offered there.
Day: Calendar day.
Digital content: Data produced and delivered in digital form.
Durable data carrier: Any tool, including e-mail, that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation or use over a period aligned with the purpose for which the information is intended, and that allows for the unchanged reproduction of the stored information.
Right of withdrawal: The ability of the consumer to withdraw from the distance contract within the cooling-off period.
Model withdrawal form: The European model withdrawal form included in Annex I of these terms and conditions.
Entrepreneur: Btisam El Adlouni, operating under the trade name Petit Sam, who offers products, access to digital content, and/or services to consumers at a distance.
Agreement: An agreement in which the consumer acquires products, digital content, and/or services as a result of accepting an offer for a distance agreement regarding products, digital content, and/or services provided by the Entrepreneur or a third party based on an agreement between that third party and the Entrepreneur.
Distance agreement: An agreement that is concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, where one or more means of communication at a distance are used up until the conclusion of the agreement.
Products: Access to and use of the website, access to material products, and digital services and information, as offered by Petit Sam and its affiliated parties.
Means of communication at a distance: A medium that can be used to conclude an agreement without the consumer and the entrepreneur needing to be in the same place at the same time.

Article 2 – Identity of the Entrepreneur

Btisam El Adlouni, operating under the trade name Petit Sam
Schoutendreef 398
2542 LW, The Hague

Email: hello@petitsam.com
Chamber of Commerce number: 74772120 Haaglanden
VAT identification number: NL001721399B31

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every agreement between the entrepreneur and a consumer.
2. An Agreement is concluded at the moment the Consumer (i) indicates the type of service the Consumer chooses, and (ii) agrees digitally to these General Terms and Conditions.
   Deviations from these General Terms and Conditions are only valid if explicitly agreed upon in writing and only apply to the specific Agreement.
3. If one or more provisions of these General Terms and Conditions conflict with the provisions of the Agreement, the provisions of the Agreement take precedence.
4. These General Terms and Conditions also apply to all natural and legal persons engaged by the entrepreneur who are directly or indirectly involved in the execution of the services and/or can be held liable in any way. This is an irrevocable third-party clause in the sense of article 6:253 of the Dutch Civil Code for third parties engaged by Petit Sam and is deemed accepted once it has been made known to the third party and not immediately rejected.
5. For the purpose of these General Terms and Conditions, "Petit Sam" also refers to the third party that offers (part of) the services under these General Terms and Conditions.
6. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will inform the consumer before the distance agreement is concluded about how the general terms and conditions can be consulted and that they will be sent to the consumer free of charge as soon as possible upon request.
7. If the agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in a way that allows the consumer to store it easily on a durable data carrier. If this is reasonably not possible, the entrepreneur will indicate before the agreement is concluded how the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request.
8. In the case that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in the case of conflicting terms.

Article 4 – The Offer

1. If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the consumer to make a well-informed judgment about the offer. If the entrepreneur uses images, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. The images are taken in a photo studio with bright lighting. The colors are made as similar as possible, but may vary depending on computer settings.
4. There may also be slight differences in size and finishing of the headscarf, as it is handmade.
5. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer.

Article 5 – The Agreement

1. Each agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set for it.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the receipt of this acceptance, the consumer can cancel the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within legal frameworks, verify whether the consumer can fulfill their payment obligations, as well as any facts and factors relevant for responsibly entering into the distance agreement. If the entrepreneur has good grounds to not enter into the agreement based on this investigation, they have the right to refuse an order or request, or to impose special conditions for execution.
5. The entrepreneur will, no later than upon delivery of the product, service, or digital content to the consumer, send the following information in writing or in a way that can be easily stored by the consumer on a durable data carrier:

• The business address of the entrepreneur where the consumer can lodge complaints.
• The conditions under which and the manner in which the consumer can exercise their right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal.
• Information about guarantees and after-sales service.
• The price, including all taxes, of the product, service, or digital content; if applicable, the delivery charges; and the method of payment, delivery, or execution of the distance agreement.
• The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
• If the consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of Withdrawal

For products:

• The consumer can cancel an agreement related to the purchase of one or more products within a cooling-off period of at least 14 days without providing any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but the consumer is not obligated to provide one.
• The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, other than the carrier, receives the product, or:
  • If the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by the consumer, receives the last product. The entrepreneur may, provided that the consumer is clearly informed in advance about this in the ordering process, refuse an order for multiple products with different delivery times.
  • If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, receives the last shipment or the last part.

For services and digital content not delivered on a tangible medium:

• The consumer can cancel a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium within at least 14 days without providing any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but the consumer is not obligated to provide one.
• The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not delivered on a tangible medium when no information about the right of withdrawal is provided:

• If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period as determined in the previous sections of this article.
• If the entrepreneur provides the information referred to in the previous paragraph to the consumer within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the consumer receives this information.

Article 7 – Obligations of the Consumer During the Cooling-off Period

• During the cooling-off period, the consumer will handle the products and packaging carefully. The consumer will only unpack or use the products to the extent necessary to determine the nature, characteristics, and functioning of the product. The consumer may only handle and inspect the products as they would be allowed to do in a store.
• The consumer is liable for any depreciation of the products resulting from handling the products that goes beyond what is necessary to establish the nature, characteristics, and functioning of the product.
• The consumer is not liable for depreciation of the products if the entrepreneur has not provided the legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercising the Right of Withdrawal by the Consumer and Costs Involved

1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period using the model withdrawal form or in another unequivocal manner.
2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer returns the products, or hands them over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer is considered to have met the return deadline if they return the product before the cooling-off period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and responsibility for the correct and timely exercise of the right of withdrawal rests with the consumer.
5. The consumer bears the direct costs of returning the product, not the entrepreneur.
6. If the consumer withdraws after expressly requesting the entrepreneur to begin the delivery of products that are not fully ready for sale due to limited stock during the cooling-off period, the consumer is liable to the entrepreneur for an amount proportional to the part of the obligation that the entrepreneur has fulfilled at the time of withdrawal compared to the full fulfillment of the obligation.
7. The consumer bears no costs for the delivery of products that are not made ready for sale due to limited stock or long production time if:

• The entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the costs of withdrawal, or the model withdrawal form, or
• The consumer has not expressly requested the commencement of delivery of the products during the cooling-off period.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

1. If the entrepreneur allows the consumer to notify the withdrawal electronically, they must send an acknowledgment of receipt of this notification immediately upon receiving it.
2. The entrepreneur must reimburse all payments made by the consumer without delay, but no later than 14 days after the day the consumer has returned the products to the entrepreneur.
3. The entrepreneur uses the same payment method the consumer used for the refund unless the consumer agrees to a different method. The refund is free of charge for the consumer.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer or at least in time before the agreement is concluded:

• Products or services whose price is linked to fluctuations in the financial market that the entrepreneur has no influence over, and which can occur during the cooling-off period.
• Service agreements, after full performance of the service, but only if:
  • The performance has begun with the express prior consent of the consumer, and
  • The consumer has stated that they lose their right of withdrawal as soon as the entrepreneur has fully performed the agreement.
• Products made according to the consumer's specifications, which are not prefabricated and which are made based on the consumer's individual choice or decision, or which are clearly intended for a specific person;
• Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
• Products that, by their nature, are irrevocably mixed with other products after delivery;
• The supply of digital content not delivered on a tangible medium, but only if:
  • The performance has begun with the express prior consent of the consumer, and
  • The consumer has agreed that they lose their right of withdrawal.

Article 11 – The Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, unless there are price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market, which the entrepreneur has no control over. This dependency on fluctuations and the fact that any listed prices are indicative prices will be stated in the offer.
3. Price increases within 3 months after the agreement has been concluded are only allowed if they result from legal regulations or provisions.
   Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
   1. They result from legal regulations or provisions; or
   2. The consumer has the right to cancel the agreement as of the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 12 – Fulfillment of the Agreement and Additional Warranty

1. The entrepreneur guarantees that the products and/or services will meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. Any additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer does not limit the legal rights and claims that the consumer can assert under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. Additional warranty refers to any commitment by the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what is legally required in case of non-performance of their part of the agreement.

Article 13 – Delivery and Execution

1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in evaluating requests for access to or other services.
   The place of delivery is the address that the consumer has communicated to the entrepreneur.
2. In compliance with what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 14 days, unless another delivery time has been agreed upon. If delivery is delayed, or if an order can only be partially or not at all fulfilled, the consumer will be immediately notified. In such cases, the consumer has the right to cancel the agreement at no cost.
3. After cancellation as per the previous section, the entrepreneur will promptly refund the amount paid by the consumer.
   The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a designated representative of the consumer, unless expressly agreed otherwise.

Article 14 – Payment

1. Unless otherwise agreed in the agreement or additional terms, the amounts owed by the consumer must be paid before the dispatch of the products.
2. The consumer has the obligation to promptly report any inaccuracies in provided or mentioned payment details to the entrepreneur.
3. If the consumer fails to meet their payment obligations on time, they will be liable for the statutory interest on the outstanding amount after the entrepreneur has notified them of the late payment and allowed them a period of 14 days to fulfill their payment obligations. If payment is not made within this 14-day period, the entrepreneur is entitled to charge the consumer the extrajudicial collection costs incurred. These collection costs amount to a maximum of 15% on outstanding amounts up to €2,500; 10% on the following €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 15 – Complaints Procedure

1. The entrepreneur has an adequately known or directly accessible complaints procedure and will handle all complaints in accordance with this procedure.
2. Complaints about the execution of an agreement must be submitted to the entrepreneur within 14 days after the consumer has identified the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt of the complaint. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed response.
4. If the complaint is not resolved within a reasonable time or within 3 months after it was submitted, a dispute arises that is subject to the dispute resolution procedure.

Article 16 – Disputes

• Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
• Disputes between the consumer and the entrepreneur about the formation or execution of agreements concerning products and services to be delivered or delivered by the entrepreneur can, subject to the following, be submitted by either the consumer or the entrepreneur to the Webshop Dispute Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl).
• A dispute will only be handled by the Dispute Committee if the consumer has submitted their complaint to the entrepreneur in a timely manner.
  A dispute must be submitted in writing to the Dispute Committee no later than three months after the dispute arose.
• If the consumer wants to submit a dispute to the Dispute Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must indicate in writing within five weeks after a request from the entrepreneur whether they wish to proceed with the Dispute Committee or have the dispute handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
• The Dispute Committee makes a ruling under the conditions laid down in the regulations of the Dispute Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Dispute Committee are binding.
• The Dispute Committee will not handle a dispute or will suspend the handling if the entrepreneur has been granted a moratorium, has become bankrupt, or has ceased its business activities before the dispute has been handled in a hearing and a final decision has been made.

Article 18 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Appendix I: Model Withdrawal Form

Model Withdrawal Form
(Only fill out and return this form if you wish to withdraw from the agreement)

To:

[Name of the entrepreneur]

[Geographic address of the entrepreneur]

[Fax number of the entrepreneur, if available]

[Email address or electronic address of the entrepreneur]

I/We* hereby inform you that I/we* withdraw from our agreement concerning

the sale of the following products: [description of product]*

the delivery of the following digital content: [description of digital content]*

the provision of the following service: [description of service]*,

withdrawn/withdrawn*

Ordered on*/received on*

[date of order for services or receipt of products]

[Name of consumer(s)]

[Address of consumer(s)]

[Signature of consumer(s)] (only if this form is submitted on paper)

• Strike through what does not apply or fill in what is applicable.