Terms and Conditions

General Terms and Conditions
Table of Contents
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Products or Services
Article 17 - Contact

Article 1 - Definitions
In these terms and conditions, the following terms are used with the meanings given below:

"Withdrawal Period": the period within which the consumer can exercise their right of withdrawal.
"Consumer": a natural person who does not act in the course of their trade or profession and enters into a distance agreement with an entrepreneur.
"Day": a calendar day.
"Sustainable Agreement": a distance agreement regarding a series of products and/or services, where the delivery and/or performance obligation is spread over time.
"Sustainable Data Carrier": any tool that allows the consumer or the entrepreneur to store information personally addressed to them, such that future consultation and unchanged reproduction of the stored information is possible.
"Right of Withdrawal": the ability for the consumer to cancel the distance agreement within the withdrawal period.
"Entrepreneur": a natural or legal person who offers products and/or services at a distance to consumers.
"Distance Agreement": an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only remote communication techniques are used.
"Remote Communication Technique": a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same space at the same time.
"General Terms and Conditions": these general terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Business name: Athomly
Company Name: Athomly
Address: Etnastraat 32, 1067 TH Amsterdam, Netherlands
Company Registration Number: 773322533
Email: Info@athomly.com
Telephone: +31657525522

Article 3 - Applicability
These general terms and conditions apply to every offer made by Athomly and to every distance agreement entered into between Athomly and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Athomly will indicate how the general terms and conditions can be viewed and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that the consumer can store it easily on a sustainable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs of this article shall apply correspondingly, and in case of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions in these general terms and conditions are found to be invalid or void at any time, the agreement and these terms and conditions will otherwise remain in effect, and the relevant provision will be immediately replaced by a provision that most closely approximates the original intent.

Situations not covered by these general terms and conditions will be assessed 'in the spirit' of these terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our terms should be interpreted 'in 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 in the offer.

The offer is non-binding. Athomly is entitled to modify 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 enable the consumer to make a proper assessment of the offer. If Athomly uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind Athomly.

All images and specifications in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.

The images of the offered products are a true representation of the offered products. Athomly cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains sufficient information to make it clear to the consumer what the rights and obligations are that are attached to accepting the offer. This includes, in particular:

The price excluding any customs clearance costs and import duties. These additional costs are the responsibility and risk of the customer.
Any shipping costs.
The manner in which the agreement will be concluded and which actions are necessary.
Whether the right of withdrawal applies or not.
The method of payment, delivery, and execution of the agreement.
The period for accepting the offer or the period during which Athomly guarantees the price.
The rate for remote communication if the cost of using the communication technique is based on something other than the standard rate for the communication medium used.
Whether the agreement will be archived after the conclusion, and if so, how it can be accessed by the consumer.
The manner in which the consumer can access and correct the data they provided in relation to the agreement before the agreement is concluded.
Any other languages in which the agreement can be concluded in addition to English.

Article 5 - The Agreement
Notwithstanding the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set for it.

If the consumer has accepted the offer electronically, Athomly will immediately confirm receipt of the acceptance of the offer electronically. Until the acceptance is confirmed, the consumer may cancel the agreement.

If the agreement is concluded electronically, Athomly will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, Athomly will take appropriate security measures.

Athomly may, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as any facts or factors that are relevant for a responsible conclusion of the distance agreement. If Athomly has reasonable grounds to refuse the agreement based on this investigation, they are entitled to refuse an order or application or attach special conditions to the execution.

Athomly will, together with the product or service, provide the following information in writing or in such a way that the consumer can easily store it on a durable data carrier:

The address of Athomly’s establishment where the consumer can file 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 existing after-purchase services and warranties.
The information included in Article 4 of these terms unless Athomlyhas already provided this information to the consumer before the execution of the agreement.
The requirements for cancellation if the agreement lasts more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Each agreement is entered into under the suspensive condition that the relevant products are sufficiently available.

Article 6 - Right of Withdrawal
In the case of purchasing products, the consumer has the option to terminate the agreement without giving any reason within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer.

During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by Athomly.

If the consumer wishes to exercise their right of withdrawal, they must notify Athomly within 14 days after receiving the product. This notification must be made using the model form or through another written or electronic statement. After notifying Athomly the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example, by providing proof of shipment.

If the consumer fails to notify Athomly within the periods mentioned in paragraphs 2 and 3 or fails to return the product, the purchase becomes final.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the product are borne by the consumer.

If the consumer has made a payment, Athomly will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been returned to Athomly or conclusive proof of complete return is provided.

Article 8 - Exclusion of the Right of Withdrawal

Athomly may exclude the consumer's right of withdrawal for products mentioned in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Athomly has clearly stated this in the offer, at least before the agreement is concluded.

Exclusion of the right of withdrawal is only possible for products:

Made by Athomly according to the consumer's specifications;
Clearly personal in nature;
Which cannot be returned due to their nature;
Which can spoil or age quickly;
Whose price is linked to fluctuations in the financial market beyond Athomly's control;
For newspapers and magazines;
For audio and video recordings and computer software where the consumer has broken the seal;
For hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is also possible for services:

Related to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or within a specific period;
Where delivery has begun with the consumer's express consent before the cooling-off period has expired;
Relating to betting and lotteries.

Article 9 - Price

During the validity period of the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, Athomly may offer products or services with prices subject to fluctuations in the financial market that Athomly cannot influence, at variable prices. This dependency on fluctuations and the fact that any mentioned prices are indicative, will be stated in the offer.

Price increases within 3 months after the agreement is concluded are only permitted if they result from statutory regulations or provisions. Price increases after 3 months are only permitted if Athomly has agreed upon this and:

The price increase is due to legal regulations or provisions; or
The consumer has the right to terminate the agreement by the date the price increase takes effect.

The place of delivery is the country where the shipping begins. In this case, delivery takes place outside the EU, after which the postal or courier company will charge the customer for import taxes or duties. Therefore, Athomly will not charge VAT.

All prices are subject to typographical and printing errors. Athomly is not liable for the consequences of such errors. In the event of typographical or printing errors, Athomly is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

Athomly guarantees that the products and/or services conform to the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed upon, Athomly also guarantees that the product is suitable for other than normal use.

Any warranty provided by Athomly, the manufacturer, or the importer does not affect the consumer's legal rights or claims against Athomly based on the agreement.

Any defects or incorrectly delivered products must be reported in writing to Athomly within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The warranty period of Athomly corresponds to the warranty period of the manufacturer. However, Athomly is never responsible for the final suitability of the products for any 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 altered the delivered products themselves or had them repaired and/or altered by third parties;
The delivered products have been exposed to abnormal conditions or treated carelessly or in violation of Athomly’s instructions and/or packaging;
The defect is wholly or partially the result of government regulations regarding the nature or quality of the applied materials.

Article 11 - Delivery and Execution

Athomly will take the greatest care in receiving and executing orders for products.

The delivery address is the address that the consumer has provided to Athomly.

With due regard for the provisions of Article 4, Athomly 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 be fulfilled, or can only be partially fulfilled, the consumer will be notified within 30 days of placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to compensation for any damages.

In the case of cancellation according to the previous paragraph, Athomly will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

If delivery of an ordered product proves to be impossible, Athomly will make efforts to provide a substitute product. The consumer will be informed clearly and understandably at the time of delivery that a substitute product is being delivered. For substitute items, the right of withdrawal cannot be excluded. Return shipping costs will be borne by Athomly.

The risk of damage and/or loss of products remains with Athomly until the moment of delivery to the consumer or a representative appointed by the consumer and known to Athomly, unless otherwise agreed upon.

Article 12 - Duration Transactions: Duration, Termination, and Extension

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, observing the agreed-upon termination rules and a maximum notice period of one month.

The consumer can terminate an agreement entered into for a fixed period, which provides for the regular delivery of products (including electricity) or services, at any time before the end of the fixed term, observing the agreed-upon termination rules and a maximum notice period of one month.

Extension

An agreement entered into for a fixed period, which provides for the regular delivery of products (including electricity) or services, cannot be automatically extended or renewed.

An agreement entered into for a fixed period, which provides for the regular delivery of daily, news, and weekly newspapers and magazines, may be automatically extended for a fixed period of up to three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed period, which provides for the regular delivery of products or services, may only be extended automatically for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement concerns regular delivery of daily, news, and weekly newspapers and magazines less than once a month.

A limited duration agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not continue automatically and will end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed in the agreement or additional terms, the amounts due 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 an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer is obligated to immediately inform Athomly of any inaccuracies in provided or listed payment details.

If the consumer does not timely fulfill their payment obligations, they will owe statutory interest on the outstanding amount after Athomly has pointed out the late payment and allowed a term of 14 days for the consumer to fulfill the payment obligations. After the expiration of this term, Athomly is entitled to charge extrajudicial collection costs. These costs amount to a maximum of: 15% of outstanding amounts up to €2,500; 10% of the next €2,500; and 5% of the following €5,000, with a minimum of €40. Athomly may deviate from these amounts and percentages in favor of the consumer.

Article 14 - Complaints Procedure

Complaints about the execution of the agreement must be submitted within a reasonable time, fully and clearly described, to Athomly after the consumer has discovered the defects.

Complaints submitted to Athomly will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Athomly 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, it will lead to a dispute that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of Athomly, unless Athomly has indicated otherwise in writing.

If a complaint is deemed justified by Athomly, they will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Hong Kong law applies exclusively to agreements between Athomly and the consumer to which these terms and conditions apply, even if the consumer resides abroad.

Article 16 - Products or Services

Some products or services may only be available online via the website. These products or services may only be available in limited quantities and can only be returned or exchanged in accordance with our return policy.

We have made every effort to accurately display the colors and images of our products in the store. However, we cannot guarantee that the colors displayed on your computer screen are accurate.

We reserve the right, but are not obligated, to limit the sale of our products or services to certain individuals, geographic regions, or countries. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of products or services offered. All product descriptions or prices are subject to change at our discretion without prior notice. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.

We do not guarantee that the quality of the products, services, information, or other materials you purchase or obtain will meet your expectations, or that any errors in service will be corrected.

While we strive to minimize size differences through quality control, there may be a size difference of 3-7 cm for clothing and 1 cm for shoes.

Delivery

If you place an order and do not pick it up before it is returned to us (after about 14 days), we will charge you 50% of the purchase price for our processing of the order.

If tracking indicates that the package was delivered but you did not receive it, you must first contact the postal service or other carrier to inquire about the whereabouts of your package. If the postal service or other carrier reports the package as lost during transport, you must request an official confirmation that the package was lost and send it to us.

Right of Return

Return requests must be submitted within 14 days of receiving your order.

Note: Underwear, masks, and beauty products cannot be returned.

Our return address is located in China.

Article 17 - Contact

For more information about our privacy policy, if you have any questions, or wish to file a complaint, please contact us via email: Info@athomly.com.