Terms and conditions

Terms and Conditions

This website is operated by Capetownbloom&bare. Throughout the site, the terms “we”, “us” and “our” refer to Capetownbloom&bare. Capetownbloom&bare offers this website, including all information, tools and services available from this site to you, the user, 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 (“Terms of Service”, “Terms”), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
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.
If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service 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.

Article 1 – Definitions

In these terms, the following definitions apply:

  • Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
  • Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  • Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
  • Technique for distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur being in the same place at the same time;
  • General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Email address: info@capetownbloomandbare.co.za
  • Company name: Tijn products
  • Chamber of Commerce number: 88220982
  • Address: Ghistelkerke 40, Breskens, Netherlands.

Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer.

Before the 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

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

In the event that specific product or service conditions 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 case of conflicting conditions.

If one or more provisions in these terms are at any time wholly or partially void or annulled, the agreement and these terms shall otherwise remain in force, and the relevant provision shall be replaced by mutual agreement with a provision that approximates the original intent as closely as possible.

Situations not covered by these terms must be assessed in accordance with the spirit of these terms.

Ambiguities regarding the interpretation or content of one or more provisions shall be interpreted in accordance with the spirit of these terms.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change 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 a proper assessment of the offer by the consumer.

If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

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

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

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs are at the customer’s expense and risk. Postal and/or courier services will use the special scheme for postal and courier services. This scheme applies if goods are imported into the EU country of destination, which is also the case here. The postal or courier service collects VAT (whether or not together with clearance costs) from the recipient of the goods;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are required;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the agreement;
  • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • the rate for distance communication if costs are calculated on a basis other than the regular basic rate;
  • whether the agreement is archived after conclusion and, if so, how it can be accessed by the consumer;
  • the way in which the consumer can check and, if desired, correct the data provided before concluding the agreement;
  • any other languages in which the agreement may be concluded;
  • codes of conduct to which the entrepreneur is subject and how the consumer can consult these electronically;
  • the minimum duration of the distance contract in the case of a duration transaction.

Optional: available sizes, colors, 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 complies with the conditions set.

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

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

Within legal frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance contract. If the entrepreneur has valid grounds not to enter into the agreement, they are entitled to refuse an order or request or attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information in writing or in a manner that can be stored on a durable data carrier:

  1. the visiting address of the entrepreneur where the consumer can lodge complaints;
  2. the conditions and method of exercising the right of withdrawal, or a clear statement if excluded;
  3. information about guarantees and after-sales service;
  4. the data included in Article 4 paragraph 3, unless already provided;
  5. the requirements for terminating the agreement if it has a duration of more than one year or is indefinite.

In the case of a duration transaction, the above provision applies only to the first delivery.

Every agreement is concluded subject to the condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, has received the product.

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

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. This notification must be made in writing or by email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by means of proof of shipment.

If the consumer has not expressed their intention to exercise the right of withdrawal within the periods mentioned above, or has not returned the product, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop owner or that conclusive proof of complete return shipment can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur 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 entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.

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

  1. that have been created by the entrepreneur in accordance with the consumer’s specifications;
  2. that are clearly personal in nature;
  3. that cannot be returned due to their nature;
  4. that can spoil or age quickly;
  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
  6. for individual 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 carried out on a specific date or during a specific period;
  2. where delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;
  3. relating to betting and lotteries.

Article 9 – The Price

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

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no control. This dependency on 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 are the result of statutory regulations or provisions.

Price increases after 3 months from the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  1. they are the result of 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, pursuant to Article 5(1) of the Dutch Turnover Tax Act 1968, is the country where the transport begins. In this case, delivery takes place outside the EU. As a result, import VAT and/or customs clearance costs will be collected from the recipient by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.

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

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement was concluded.

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

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

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

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

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

  • the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
  • the defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing orders for products.

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed 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 free of charge and is entitled to possible compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur 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 entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly stated that a replacement item is being delivered.

The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a previously designated and disclosed representative, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination and Renewal

Termination

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

The consumer may terminate a fixed-term agreement, which extends to the regular delivery of products or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned above:

  • at any time and not be limited to termination at a specific time or during a specific period;
  • at least in the same manner as they were entered into;
  • always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement for the regular delivery of products or services may not be tacitly renewed or extended for a fixed period.

By way of exception, a fixed-term agreement for the regular delivery of daily, news, or weekly newspapers and magazines may be tacitly extended for a maximum period of three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it 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 relates to delivery less than once per month.

A limited-duration agreement for the regular introductory delivery of newspapers or magazines (trial subscription) will not be automatically renewed and will end automatically after the trial 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 fairness and reasonableness prevent termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1.

In the case of a service agreement, this period starts after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

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

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

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

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

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 – Contact Information

Questions about the Terms of Service can be sent to us at:
info@capetownbloomandbare.co.za