Terms and Conditions

Article 1 – Definitions

Withdrawal period: the period during which the consumer may exercise their right of withdrawal.

Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur.

Subscription contract: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the withdrawal period.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: a contract under which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract.

Technology for distance communication: means that can be used to conclude a contract without the consumer and the entrepreneur having to be in the same place at the same time.

General terms and conditions: these general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name: de Waal
Store name: AIDA LENA
Email address: support@aidalena.com
Phone number: +31 970 10281471
Chamber of Commerce number: 86533916
VAT number: NL004262683B08

Opening hours (CET):
Monday–Friday: 08:00–18:00
Saturday and Sunday: 10:00–16:00
We try to answer your email within 24 hours.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and order placed between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge at the consumer’s request.

For electronic agreements, the terms and conditions may be made available electronically in a manner that allows them to be stored on a durable medium. If this is not possible, it shall be stated where the consumer can consult them electronically.

If, in addition to these terms and conditions, supplementary product or service terms apply, the consumer may invoke the provision most favorable to them in the event of a conflict.

If one or more provisions are or become wholly or partially void or are annulled, the agreement and these terms and conditions shall otherwise remain in force. The provision concerned shall be replaced by a provision that most closely approximates the original purpose.

Situations that are not regulated in these terms and conditions shall be assessed in accordance with the spirit of these terms and conditions.

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

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer. The offer is subject to change. The entrepreneur reserves the right to modify and adapt 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 fair assessment of the offer. 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 and specification details in the offer are indicative and cannot give rise to any compensation or dissolution of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products. Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to the price excluding customs clearance costs and import duties. These additional costs are borne and assumed by the customer. The postal and/or courier service will use the special arrangement for postal and courier services relating to imports. This regime applies when goods are imported into the Union country of destination. The postal and/or courier service collects VAT, whether or not together with the customs clearance costs, from the recipient. The following will also be stated: any shipping costs; the manner in which the agreement is concluded; whether or not the right of withdrawal exists; the method of payment, delivery and performance; the period for accepting the offer or the period of validity of the price; the rate for long-distance communication if this differs from the basic rate; whether the agreement is archived and how it can be consulted; the way in which the consumer can check and correct data; the languages in which the agreement can be concluded; the codes of conduct that apply and how they can be consulted; the minimum duration in the case of a continuing transaction; and the optionally available sizes, colors and materials.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfills the conditions set. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. Until receipt has been confirmed, the consumer may terminate the agreement. If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures. Within the limits of the law, the trader may obtain information about the consumer’s creditworthiness and all facts relevant to responsibly entering into the agreement. If this indicates reasons not to enter into the agreement, the trader may refuse an order, make a reasoned request, or attach special conditions to delivery. The trader shall provide the consumer, with the product or service, in writing or on a durable data carrier, with the following information: the visiting address where complaints can be submitted, the conditions and procedure for withdrawal or notification of its exclusion, information about guarantees and after-sales service, the details referred to in Article 4, paragraph 3, unless these have already been provided, and the conditions for termination if the agreement lasts longer than one year or is of indefinite duration. In the case of a continuing transaction, this provision applies only to the first delivery. Every agreement is concluded subject to the suspensive condition of sufficient availability of the products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 30 days. The withdrawal period begins on the day after the consumer or a previously designated representative receives the product. During the withdrawal period, the consumer shall handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product with all accessories and, if possible, in its original condition and packaging, in accordance with the trader’s reasonable instructions. If the consumer wishes to exercise their right of withdrawal, they must notify the trader of this in writing or by email within 30 days of receipt. After this notification, the product must be returned within 30 days. The consumer must be able to prove that the goods were returned on time, for example by means of a shipping receipt. If, after the aforementioned periods have expired, the consumer has not notified the trader that they wish to exercise their right of withdrawal or has not returned the product, the purchase is final.

Article 7 – Costs upon withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer, unless the return is the result of an error or shortcoming on the part of the trader. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the product having already been received back by the online retailer or conclusive proof of the complete return shipment being provided.

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. In any event, the trader has clearly stated this in the offer in good time before the agreement was concluded.

Exclusion of the right of withdrawal is only possible for products made by the trader in accordance with the consumer’s specifications, products that are clearly personal in nature, products that cannot be returned due to their nature, products that can deteriorate or age rapidly, products whose price is subject to fluctuations in the financial market over which the trader has no influence, individual newspapers and magazines, audio and video recordings and computer software whose seal has been broken by the consumer, and hygiene products whose seal has been broken by the consumer.

Excluding the right of withdrawal is permitted only for services relating to accommodation, transport, restaurant services, or leisure activities performed on a specific date or during a specific period; services whose provision has begun, with the consumer’s express consent, before the end of the cooling-off period; and services 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 resulting from changes in VAT rates. If the price is reduced, the customer is not entitled to any compensation. By making the purchase, the customer agreed to the applicable price.

By way of exception to the previous paragraph, the trader may offer products or services at variable prices where those prices are linked to fluctuations in the financial market over which the trader has no influence. These fluctuations and the fact that the stated prices are indicative will be specified in the offer.

Price increases within 3 months of the conclusion of the agreement are permitted only if they are based on statutory rules or provisions. Price increases from 3 months after the conclusion of the agreement are permitted only if the trader has agreed to them and they result from statutory rules or provisions, or if the consumer has the right to terminate the agreement on the day the price increase takes effect.

The place of delivery is based on Article 5(1) of the 1968 Turnover Tax Act in the country where transport begins. In this case, the delivery takes place outside the EU. The postal or courier service will then collect import tax or customs clearance fees from the customer. No VAT is charged to the trader.

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

Article 10 – Compliance and guarantee

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 applicable at the time the agreement is concluded. Where agreed, the trader also warrants that the product is suitable for uses other than normal use.

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

Any defects or incorrectly delivered products must be reported to the business in writing within 30 days of delivery. The products must be returned in their original packaging and in new condition.

The business’s warranty period corresponds to the manufacturer’s warranty period. However, the business is never responsible for the products’ ultimate suitability for each individual application by the consumer or 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; if the delivered products have been exposed to abnormal conditions or handled negligently; or if they have been used or handled contrary to the business’s instructions. The warranty likewise does not apply if the inadequacy is wholly or partly the result of government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and performance

The business shall exercise the utmost care when accepting and fulfilling orders for products. The delivery address shall be the address notified to the business by the consumer. Subject to the provisions of Article 4 of these general terms and conditions, the business shall fulfill accepted orders with due haste and no later than within 14 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 fulfilled in part, the consumer shall be notified no later than 14 days after placing the order. In that case, the consumer has the right to terminate the agreement without charge and to compensation. In the event of termination in accordance with the preceding paragraph, the business shall refund the amount paid by the consumer as soon as possible, and no later than within 14 days after termination. If delivery of an ordered product proves impossible, the business shall endeavor to provide a replacement item. No later than upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal may not be excluded for replacement items. Any return shipping costs in the case of a replacement item shall be borne by the business. The risk of damage to and/or loss of products shall remain with the business until the time of delivery to the consumer or a representative notified to the business, unless expressly agreed otherwise.

Article 12 – Term contracts: duration, termination and extension

The consumer may terminate an agreement concluded for an indefinite period and providing for the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month. The consumer may terminate an agreement concluded for a specified period and providing for the regular delivery of products or services at any time with effect from the end of the specified period, subject to the agreed termination rules and a notice period of no more than one month. The consumer may terminate the aforementioned agreements at any time and is not limited to termination at a particular time or during a particular period. The consumer may always terminate the agreement in the same manner as that offered by the trader and with the same notice period that the trader applies to itself.

An agreement concluded for a specified period and providing for the regular delivery of products or services may not be tacitly extended or renewed for a specified period.

By way of derogation, an agreement for the regular delivery of daily, news and weekly newspapers and periodicals may be tacitly extended for a specified period of no more than three months, provided that the consumer may terminate the extended agreement at the end of the extension period with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time with a notice period of no more than one month. If it concerns daily, news and weekly newspapers and periodicals delivered less than once a month, a notice period of no more than three months applies.

A fixed-term agreement for the regular delivery, on a trial or introductory basis, of daily, news and weekly newspapers and periodicals will not be tacitly renewed and will end automatically after the trial or introductory period.

If an agreement has a duration of more than one year, the consumer may terminate the agreement after one year with a notice period of no more than one month, unless reasonableness and fairness oppose this.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the cooling-off period referred to in Article 6, paragraph 1, begins. For an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement. The consumer is obliged to report any inaccuracies in the payment details provided to the trader without delay. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs previously disclosed to the consumer.

Article 14 – Complaints procedure

Complaints about the performance of the agreement must be submitted to the trader within 7 days after the consumer has identified the defects, in a complete and clearly described manner. Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the consumer will receive an acknowledgment of receipt within 14 days and an indication of when they can expect a more detailed response. If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution. A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing. If the trader considers a complaint justified, they will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

These Terms of Service and any separate agreements under which we provide you with services shall be governed by and construed in accordance with the laws of the United Kingdom.

Article 16 – SMS marketing

By opting in to Thirty-eight's SMS marketing at checkout, when starting a purchase, or by signing up through our registration tools, you agree to receive recurring SMS messages, including messages about your order, abandoned purchase reminders, SMS marketing offers, and transactional texts, including requests to submit reviews, even if your mobile phone number is registered on a do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you no longer wish to receive SMS marketing messages and notifications, reply STOP to any mobile message we send or use the unsubscribe link provided in each of our messages. You understand and agree that alternative requests or other words will not be considered valid opt-outs. We do not charge for the service, but you are responsible for any charges your mobile provider may impose. Message and data rates may apply.

If you have questions, text HELP to the number from which you receive the messages. You can also contact us via the contact form.

We reserve the right to change the phone numbers or short codes we use to provide the service at any time. In that case, you will be notified. You agree that messages you send to a changed number or short code, including STOP or HELP requests, may not be received, and that we are not responsible for fulfilling such requests.

To the extent permitted by law, you agree that we are not responsible for any failures, delays, or errors in the delivery of information through the service, nor for any errors in such information or actions you take based on information received or not received.

Your right to data protection is important to us. You can read about how we collect and use your personal data in our privacy policy.

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