Terms & Conditions
This website is operated by The Butterfly Talks. Throughout the site, the terms “entrepreneur”, “we”, “us” and “our” refer to The Butterfly Talks. The Butterfly Talks offers this website, including all information, tools and services available from this site to you, the “consumer”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 Definitions
Section 2 The entrepreneur’s identity
Section 3 Applicability
Section 4 The offer
Section 5 The agreement
Section 6 Right of withdrawal
Section 7 Consumer’s obligations during the reflection period
Section 8 Exercising the consumer’s right of withdrawal and the costs
Section 9 Entrepreneur’s obligations in case of withdrawal
Section 10 The price
Section 11 Compliance and extra guaranty
Section 12 Delivery and execution
Section 13 Payment
Section 14 Complaints procedure
Section 15 Disputes
Section 16 Additional or varying provisions
Section 17 Disputes
Section 18 Additional or varying provisions
SECTION 1 DEFINITIONS
In these Terms and Conditions, the following terms shall have the following meanings:
- Reflection period:
the period during which the Consumer may use his right of withdrawal;
the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- Continuing performance contract:
a contract serving to deliver goods, services and/or digital content in a given period;
- Sustainable data carrier:
any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined, and which makes unaltered reproduction of the stored information possible;
- Right of withdrawal:
the consumer’s option not to proceed with the distance agreement within the determined period;
the natural of legal person who provides products;
- Distance contract:
a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
- Technology for distance communication:
a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
SECTION 2 THE ENTREPRENEUR'S IDENTITY
Name: The Butterfly Talks
Address: Doctor Colijnstraat 83 - 3904 ER - The Netherlands
Chamber of Commerce: 78176913
You can reach The Butterfly Talks from 12.00 – 20.00 from Monday to Saturday (CEST UTC + 2h).
SECTION 3 APPLICABILITY
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
- Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
- If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
- In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favorable to him/her.
SECTION 4 THE OFFER
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
- All images, specifications, data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
- Images of the products are a true representation of the products offered. We cannot guarantee that the displayed colors exactly match the real colors of the products.
- We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accept the offer. This concerns in particular:
- the price including taxes;
- the possible costs of shipment;
- the method of payment, delivery and implementation of the agreement;
SECTION 5 THE AGREEMENT
- Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
- If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
- The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfill his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Before delivering the product, the Entrepreneur shall send the following information along with the product:
- the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact with any complaints;
- the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
- the price including all taxes of the product, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
- the standard form for withdrawal if the Consumer has the right of withdrawal.
SECTION 6 RIGHT OF WITHDRAWAL
- The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection with a maximum of 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
- The reflection period referred to in sub-clause 1 starts on the day the product is
received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
- if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
- in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
- in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.
SECTION 7 CONSUMER'S OBLIGATIONS DURING THE REFLECTION PERIOD
- During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
- The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
- In the event of damage to the product due to improper handling by the consumer himself, the consumer is liable for any depreciation of the product.
- The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.
SECTION 8 EXERCISING THE CONSUMER'S RIGHT OF WITHDRAWAL AND THE COSTS
- If the Consumer exercises his right of withdrawal, he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the period of reflection.
- The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 30 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
- The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
- The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
- If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.
SECTION 9 ENTREPRENEUR'S OBLIGATIONS IN CASE OF WITHDRAWAL
- If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
- The Entrepreneur shall reimburse all payments made by the Consumer, excluding any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
- The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
SECTION 10 THE PRICE
- The prices of the products provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
- All prices indicated in the provision of products or services are including VAT.
- All prices are subject to print and type errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
SECTION 11 COMPLIANCE AND EXTRA GUARANTY
- The Entrepreneur guarantees that the products comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
- Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
SECTION 12 DELIVERY AND EXECUTION
- The Entrepreneur shall exercise the best possible care when booking orders and executing product orders.
- The place of delivery is at the address given by the Consumer to the Entrepreneur.
- With due observance of the stipulations in Section 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with no right to possible compensation.
- After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 14 days after repudiation.
- The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
SECTION 13 PAYMENT
- Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
- The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
- In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs.
SECTION 14 COMPLIANTS PROCEDURE
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaint’s procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must at least give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period a dispute will arise that is subject to the dispute settlement procedure.
SECTION 15 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 16 PERSONAL INFORMATION
SECTION 17 DISPUTES
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
SECTION 18 ADDITIONAL OR VARYING PROVISIONS
Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.