Terms & Conditions

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;

Cooling-off period: the period during which the consumer can make use of the right of withdrawal;

Consumer: the natural person who is not acting in the course of a profession, business or trade and who enters into an agreement with the trader;

Day: calendar day;

Digital content: data produced and supplied in digital form;

Ongoing transaction: an agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any tool (including email) that enables the consumer or trader to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information.

Right of withdrawal: the option for the consumer to cancel the distance agreement within the cooling-off period;

Model form: the withdrawal form made available by the trader to the consumer, which the consumer can complete when they wish to exercise their right of withdrawal;

Trader: the natural person or legal entity that offers products and/or (access to) digital content and/or services to consumers at a distance;

Distance agreement: an agreement whereby, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication with the consumer up to and including the conclusion of the agreement;

Distance communication technique: a means that can be used to conclude a distance agreement, without the consumer and trader being physically present in the same location at the same time;

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

ARTICLE 2 – IDENTITY OF THE TRADER

Trading name: VJ Macares. E-Commerce

Registered address: 4382VM Jozef Israelslaan 34, Vlissingen, (not a visitor address)

Email address: Support@relluna.com

KvK (Dutch Chamber of Commerce) number: 73980706

VAT identification number: NL002376094B41

ARTICLE 3 – APPLICABILITY

These terms and conditions apply to every offer made by the trader and to every distance agreement and order concluded between the trader and the consumer.
Before the distance agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance agreement is concluded, that the terms and conditions can be viewed at the trader's premises 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, notwithstanding the previous paragraph, the text of these terms and conditions may be made available to the consumer electronically before the distance agreement is concluded, in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the trader will indicate, before the distance agreement is concluded, where the terms and conditions can be viewed electronically and that they will be sent electronically or in another way free of charge upon the consumer's request.

Where specific product or service terms also apply in addition to these terms and conditions, paragraphs 2 and 3 apply accordingly, and in the event of conflicting provisions the consumer may always rely on the provision that is most favourable to them.
Should one or more provisions of these terms and conditions be wholly or partially void or voided at any time, the remainder of these terms and conditions will continue to apply, and the parties will promptly agree on a replacement provision that reflects the intent of the original as closely as possible.
Situations not covered by these terms and conditions must be assessed in the spirit of these terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in the spirit of these terms and conditions.

ARTICLE 4 – THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The trader's offer is without obligation. The trader is entitled to amend and adjust the offer.
The trader's offer contains a description of the products and/or services offered that is complete and accurate at all times. The offer contains sufficient detail to allow the consumer to properly assess the offer. Should the trader use images that imply the images show the product offered, these are a true representation of the products and/or services offered.

Obvious mistakes or errors in the offer do not bind the trader.

Images accompanying products are a true representation of the products offered. However, the trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and the actions required for this;
whether or not the cost of the means of distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after it is concluded, and if so, how the consumer can access it;
the minimum duration of the distance agreement in the case of an ongoing transaction;
the applicability of the right of withdrawal (or, where applicable, our Change of Mind policy);
the method of payment, delivery and performance of the agreement.

ARTICLE 5 – THE AGREEMENT

Subject to paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and satisfies the associated conditions.
If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of the acceptance of the offer. Until the trader confirms receipt of this acceptance, the consumer may terminate the agreement.

If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures accordingly.
Within the legal framework, the trader may verify whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
At the latest upon delivery of the product, service or digital content, the trader will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer on a durable medium:
the visiting address of the trader's place of business where the consumer can lodge complaints;
the conditions under which, and the manner in which, the consumer can exercise the right of withdrawal (or make use of the Change of Mind policy), or a clear notice regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service; 9. the price, including taxes, of the product, service or digital content;
the delivery costs, where applicable;
the method of payment, delivery or performance of the distance agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or an indefinite duration;
where the consumer has a right of withdrawal, the model withdrawal form.
In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 – CHANGE OF MIND & RIGHT OF WITHDRAWAL

Please note: in Australia, unlike in the EU, there is no general statutory right for consumers to cancel a purchase simply because they changed their mind. The provisions below describe our own voluntary Change of Mind policy. Separately, and regardless of this policy, you have non-excludable rights under the Australian Consumer Law if a product is faulty, not fit for purpose, or does not match its description — see Article 10.

On delivery of products:

Within 14 days of purchasing a product, the consumer has the option to cancel the agreement without giving any reason.
This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.
The warranty period offered by the intermediary is the same as the manufacturer's warranty period. However, the intermediary is never responsible for the ultimate suitability of the products for individual use by the buyer, nor for any advice regarding the use or application of the products.

In the event of a warranty claim, the intermediary will, at its discretion, arrange for replacement or repair. In the case of replacement, the buyer undertakes to return the replaced item to the intermediary.

The warranty does not apply if:

– the buyer has repaired and/or altered the delivered products themselves, or had them repaired and/or altered by a third party;

– the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the intermediary's instructions and/or the instructions on the packaging;

– the defect is wholly or partly the result of regulations that the government has issued or will issue regarding the type or quality of the materials used;

– Hygiene products cannot be taken back or refunded under this Change of Mind policy, particularly in light of COVID-19 measures. A (non-exhaustive) list of hygiene products that cannot be returned or refunded under this policy: underwear, swimwear, make-up, hair styling products, beauty products, etc. This exclusion applies only to Change of Mind returns — it does not apply where a hygiene product is genuinely faulty; see Article 10 for your rights in that case.

Where:

the consumer has ordered multiple products in the same order, the cooling-off period begins on the day the consumer, or a third party designated by them, receives the last product. The trader may, provided it has clearly informed the consumer of this before the ordering process, refuse an order of multiple products with different delivery times.

the delivery of a product consists of several shipments or parts, the cooling-off period begins on the day the consumer, or a third party designated by them, receives the last shipment or part;
the agreement concerns the regular delivery of products over a specified period, the cooling-off period begins on the day the consumer, or a third party designated by them, receives the first product.

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

Where a service agreement or an agreement for the supply of digital content is not supplied on a tangible medium, the consumer may cancel the agreement within fourteen days without giving any reason. This fourteen-day period begins on the day following the conclusion of the agreement.

Extended cooling-off period where the right of withdrawal has not been disclosed:

If the trader has not provided the consumer with the 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 under the previous paragraphs of this Article.
If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day the consumer received that information.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the trader within 14 days of receiving the product. The consumer must notify the trader using the model form. After notifying the trader of their wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must be able to prove that the goods were returned in time, for example by means of proof of shipment.

ARTICLE 7 – COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL

If the consumer exercises the right of withdrawal, at most the cost of returning the goods is at the consumer's expense.
The trader will refund the purchase amount as soon as possible, but no later than 14 days after the withdrawal, using the same payment method used by the consumer. Receipt of the returned goods by the trader, or conclusive proof of complete return shipment, is required for this.
Any reduction in the value of the product caused by careless handling is at the consumer's expense. This does not apply if the trader has failed to provide all legally required information regarding the right of withdrawal before the purchase agreement was concluded.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL / CHANGE OF MIND

The exclusions below apply only to our voluntary Change of Mind policy. They do not limit, exclude or affect your separate, non-excludable rights under the Australian Consumer Law where a product is faulty, not fit for purpose, or does not match its description — see Article 10.

Exclusion of the right of withdrawal / Change of Mind is only possible if the trader has clearly stated this in the offer, or in good time before the agreement is concluded, and it concerns one of the products listed in paragraphs 2 and 3.
Exclusion is only possible for the following products: 5. products made by the trader according to consumer specifications;
products that are clearly personal in nature;
products that can spoil or become outdated quickly;
products whose price is subject to fluctuations in the financial market over which the trader has no control;
individual newspapers and magazines;
audio and video recordings and computer software where the consumer has broken the seal;
hygiene products where the consumer has broken the seal. Hygiene products cannot be taken back or refunded under this Change of Mind policy, particularly in light of COVID-19 measures. A (non-exhaustive) list of hygiene products that cannot be returned or refunded under this policy: underwear, swimwear, make-up, hair styling products, beauty products, etc. As above, this exclusion applies only to Change of Mind returns, not to genuinely faulty products.

Exclusion is only possible for the following services: 13. accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period; 14. where delivery has begun with the consumer's express consent before the cooling-off period has expired;
bets and lotteries.

ARTICLE 9 – PRICE

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT/GST rates.
Notwithstanding the previous paragraph, the trader may offer products or services with variable prices where those prices are subject to fluctuations in the financial market over which the trader has no control. This dependency on fluctuations, and the fact that any prices stated are indicative, will be mentioned in the offer.
Price increases within 3 months of 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 stipulated this and:
they result from statutory regulations or provisions; or 2. the consumer has the right to cancel the agreement with effect from the day the price increase takes effect.
Prices stated in the offer of products or services include applicable taxes.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing or typing errors, the trader is not obliged to deliver the product at the incorrect price.
Any additional customs clearance costs and/or import duties are not included in the price and are at the customer's expense.

ARTICLE 10 – WARRANTY, CONFORMITY, AND YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. These rights apply regardless of any exclusion, exception, or time limit described elsewhere in these terms and conditions (including Articles 6–8), and regardless of whether packaging or a seal has been opened. There is no fixed time limit for these rights; they apply for a reasonable time depending on the nature and price of the product.

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in existence on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for uses other than normal use.

A guarantee 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. This includes any commitment by the trader, its supplier, importer or manufacturer whereby the consumer is granted certain rights or claims that go beyond what is legally required in the event of a shortcoming in the performance of its part of the agreement.

Any defects or incorrectly delivered products should be reported to the trader in writing within a reasonable time of delivery. Products returned under this Article should be returned in their original packaging and in new condition where reasonably possible; this does not apply to the extent it would be inconsistent with your rights under the Australian Consumer Law referred to above.

This warranty (as distinct from your Australian Consumer Law rights above) 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; 6. the delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or contrary to the trader's instructions and/or the instructions on the packaging;
the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Hygiene products cannot be taken back or refunded under this Article (as opposed to under the Australian Consumer Law), particularly in light of COVID-19 measures. A (non-exhaustive) list of such hygiene products: underwear, swimwear, make-up, hair styling products, beauty products, etc.

ARTICLE 11 – DELIVERY AND PERFORMANCE

The trader will exercise the greatest possible care when receiving and executing orders for products, and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
Subject to paragraph 4 of this Article, the company 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 executed in full or in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from stated periods. Exceeding a period does not entitle the consumer to compensation.
In the event of termination under paragraph 3 of this Article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.
If delivery of an ordered product proves impossible, the trader will make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal / Change of Mind cannot be excluded for replacement items. The cost of any return shipment is at the trader's expense.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

ARTICLE 12 – ONGOING TRANSACTIONS: DURATION, TERMINATION AND RENEWAL

Termination

The consumer may terminate at any time an agreement entered into for an indefinite period that involves the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period that involves the regular delivery of products (including electricity) or services at any time before the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
With respect to the agreements referred to in the previous paragraphs, the consumer may: 1. terminate at any time and is not restricted to termination at a specific time or during a specific period;
terminate at least in the same manner as they entered into the agreement;
always terminate with the same notice period that the trader has stipulated for itself.

Renewal

An agreement entered into for a fixed period that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, an agreement entered into for a fixed period that involves the regular delivery of daily, weekly or other periodicals and magazines may be tacitly extended for a fixed period of up to three months, provided 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 entered into for a fixed period that involves the regular delivery of products or services may be tacitly extended for an indefinite period, provided the consumer may terminate at any time with a notice period of no more than one month, and no more than three months in the case of an agreement for the regular, but less than monthly, delivery of daily, weekly or other periodicals and magazines.
An agreement of limited duration for the regular trial or introductory delivery of daily, weekly or other periodicals and magazines is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

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

ARTICLE 13 – PAYMENT

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has a duty to promptly report any inaccuracies in payment details provided or stated to the trader. 3. In the event of non-payment by the consumer, the trader has, subject to statutory limitations, the right to charge reasonable costs previously disclosed to the consumer.
The consumer may pay using the payment methods made available at checkout, which include credit and debit card payments (such as Visa, Mastercard and American Express), and may also include other payment options made available from time to time through our payment provider, as shown at checkout.

ARTICLE 14 – COMPLAINTS PROCEDURE

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure below. If you are not satisfied with our response, you also have the right to lodge a complaint with the Office of the Australian Information Commissioner (for privacy-related matters) or with your local consumer affairs body or the Australian Competition and Consumer Commission (ACCC) for matters concerning your consumer rights.

ARTICLE 15 – DISPUTES

Australian law applies exclusively to agreements between the trader and the consumer to which these terms and conditions relate.

MODEL WITHDRAWAL FORM

Only complete and return this form if you wish to withdraw from the agreement

— To:

Company name

Address

Postcode

Phone number

— I/We (*) hereby give notice that I/we (*) withdraw (*) from our agreement relating to the sale of the following goods/the supply of the following service (*):

— Ordered on (DD-MM-YYYY):

— Order number:

— Received on (DD-MM-YYYY):

— Name(s) of consumer(s):

— Address of consumer(s):

— Bank account number:

— Signature of consumer(s) (only if this form is submitted on paper):

— Date (DD-MM-YYYY):

(*) Delete as applicable.