Terms & Conditions

Article 1 – Definitions
For the purposes of these Terms and Conditions, the following definitions apply:

  • Cooling-off period: the timeframe within which the consumer may exercise their right to withdraw from the contract;

  • Consumer: an individual who is acting for purposes outside their trade, business, craft, or profession, and who enters into a distance contract with the trader;

  • Day: a calendar day;

  • Ongoing transaction: a distance contract concerning a series of products and/or services, where the delivery and/or acceptance obligations are spread over a period of time;

  • Durable medium: any means that allows the consumer or trader to store information addressed to them personally in a way that enables future reference and unaltered reproduction of that information;

  • Right of withdrawal: the consumer’s ability to cancel the distance contract within the cooling-off period;

  • Trader: a natural or legal person who offers products and/or services to consumers at a distance;

  • Distance contract: a contract concluded under a system organised by the trader for the remote sale of products and/or services, where only one or more means of distance communication are used up to and including the point of contract conclusion;

  • Means of distance communication: any method that can be used to conclude a contract without the consumer and trader being physically present together;

  • Terms and Conditions: these Terms and Conditions of the trader.

Article 2 – Identity of the Trader
Business Name: Spier Ecom
Business Address: Steilrand 3, Gemert, The Netherlands
Email: support@sijona-sydney.com
Chamber of Commerce Number (KvK): 82395055
VAT Identification Number: NL003671369B26

Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

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

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

In the event that, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs shall apply accordingly, and in case of conflicting terms, the consumer may always rely on the provision that is most favourable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and the remaining provisions of these terms and conditions shall remain in effect. The relevant provision will be promptly replaced by a provision that approximates the original intent as closely as possible through mutual consultation.

Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions shall also be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer
If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer. The offer is non-binding. The trader 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 allow the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the offered products and/or services. Apparent mistakes or obvious errors in the offer do not bind the trader. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. Product images are a true representation of the products offered. The trader cannot guarantee that the colours displayed exactly match the actual colours of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This specifically concerns:

  • the price, excluding clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services concerning import. This scheme applies if the goods are imported into the EU destination country, which is also the case here. The postal and/or courier service will collect the VAT (with or without the clearance costs charged) from the recipient of the goods;

  • any shipping costs;

  • the way in which the agreement will be concluded and what actions are required for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and performance of the agreement;

  • the period for acceptance of the offer, or the period within which the trader guarantees the price;

  • the amount of the fee for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the standard basic rate for the communication method used;

  • whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;

  • the way in which the consumer can check and, if desired, correct the information provided in the context of the agreement before concluding it;

  • any other languages in which the agreement may be concluded, in addition to Dutch;

  • the codes of conduct to which the trader has committed and how the consumer can consult these codes electronically;

  • and the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colours, and types of materials.

Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions attached to it.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.

Within the legal framework, the trader may check whether the consumer can meet their payment obligations, as well as all facts and factors relevant for responsibly entering into the distance agreement. If, based on this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.

When delivering the product or service, the trader shall provide the consumer with the following information, either in writing or in such a way that it can be stored by the consumer on a durable data carrier in an accessible manner:

  1. the visiting address of the trader’s establishment where the consumer can submit complaints;

  2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

  3. information regarding warranties and existing after-sales service;

  4. the information referred to in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the execution of the agreement;

  5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement 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 right to cancel the agreement without giving any reason within 14 days. This reflection period begins the day after the consumer, or a representative previously designated by the consumer and made known to the trader, receives the product.

During the reflection period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep it.

If the consumer exercises their right of withdrawal, they must return the product, including all delivered accessories and—where reasonably possible—in its original condition and packaging, to the trader in accordance with reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. This notification must be made in writing or via email.

After notifying the trader of their intention to withdraw, the consumer must return the product within 14 days. The consumer must provide proof that the items were returned on time, for example, by providing a shipping receipt.

If the consumer does not notify the trader within the periods mentioned in paragraphs 2 and 3, or does not return the product to the trader, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has made a payment, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is conditional on the product having been received by the online retailer, or on the consumer providing conclusive proof of a complete return.

Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.

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

  1. that have been created by the trader in accordance with the consumer’s specifications;

  2. that are clearly personalised in nature;

  3. that by their nature cannot be returned;

  4. that can spoil or expire quickly;

  5. the price of which is subject to fluctuations on the financial market over which the trader has no influence;

  6. for loose newspapers and magazines;

  7. for audio and video recordings and computer software if the consumer has broken the seal;

  8. for hygienic products if the consumer has broken the seal.

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

  1. relating to accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period;

  2. where delivery has begun with the consumer’s express consent before the end of the reflection period;

  3. relating to bets and lotteries.

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 resulting from changes in VAT rates.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market, over which the trader has no influence, at variable prices. This exposure to fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has agreed to this and:

  1. they result from statutory regulations or provisions; or

  2. the consumer has the right to terminate the agreement from the day the price increase takes effect.

The place of delivery, according to Article 5, first paragraph, of the Dutch Turnover Tax Act 1968, is the country where transport commences. In this case, delivery occurs outside the EU. Accordingly, the postal or courier service will collect import VAT or customs clearance fees from the recipient. Therefore, no VAT will be charged by the trader.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations in effect on the date the agreement is concluded.

If agreed, the trader also guarantees that the product is suitable for uses other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.

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

The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is never responsible for the final 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:

  1. The consumer has repaired or modified the delivered products themselves, or had them repaired or modified by third parties;

  2. The delivered products have been exposed to abnormal conditions, have been treated carelessly, or have been used in contradiction to the trader’s instructions and/or instructions on the packaging;

  3. The defect is wholly or partly due to regulations set or to be set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance
The trader will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these terms and conditions, the company will execute accepted orders with due expediency, but no later than 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the trader will endeavour to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being supplied.

The right of withdrawal cannot be excluded for replacement items. Any return costs will be borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

Article 12 – Long-Term Agreements: Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement concluded for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, observing the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a fixed term, which involves the regular delivery of products (including electricity) or services, at any time at the end of the agreed term, observing the agreed termination rules and a notice period of no more than one month.

The agreements referred to in the previous paragraphs may:

  • be terminated by the consumer at any time and not be restricted to termination at a specific time or during a certain period;

  • be terminated at least in the same manner in which they were entered into;

  • always be terminated with the same notice period as the trader has reserved for themselves.

Renewal
An agreement concluded for a fixed term, which involves the regular delivery of products (including electricity) or services, may not be silently extended or renewed for a fixed period.

By way of exception, an agreement concluded for a fixed term, which involves the regular delivery of daily, news, and weekly newspapers or magazines, may be silently extended for a fixed period of up to three months, provided that the consumer may terminate this extended agreement towards the end of the extension with a notice period of no more than one month.

An agreement concluded for a fixed term, which involves the regular delivery of products or services, may only be silently extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and with a notice period of no more than three months in the case of agreements involving the regular, but less than once per month, delivery of daily, news, and weekly newspapers or magazines.

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

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

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period 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 confirmation of the agreement.

The consumer is obliged to immediately inform the trader of any inaccuracies in the provided or stated payment details.

In the event of non-payment by the consumer, the trader is, subject to legal limitations, entitled to charge reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the trader within 7 days, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the trader will be responded to within 14 days from the date of receipt.

If a complaint requires a foreseeable longer processing time, the trader will, within the 14-day period, send an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the trader, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Dutch law exclusively applies to agreements between the trader and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.

Article 16 – CESOP
Due to measures being implemented and reinforced from 2024 in connection with the “Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)” and the resulting implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.