Article 1 – Definitions

The following definitions apply to these general terms and conditions:

Cancellation period: the period during which the consumer may exercise their right of cancellation.

Consumer: a natural person who is acting outside their professional or business activities and enters into a distance contract with the seller.

Continuous agreement: a distance agreement covering a series of products and/or services where the delivery and/or purchase obligations are spread over time.

Durable medium: any means that enables the consumer or trader to store information addressed personally to them, so that it can be consulted in the future and reproduced unchanged.

Right of withdrawal: the consumer's option to cancel the distance contract within the withdrawal period.

Seller (or trader): a natural or legal person who offers products and/or services to consumers at a distance.

Distance sales contract: a contract concluded under an organized distance sales scheme for goods and/or services, without the parties being physically present at the same time, and using one or more means of distance communication.

Means of distance communication: any means that can be used to conclude a contract without the consumer and the seller being in the same place.

General terms and conditions: these terms and conditions that apply to the agreement between the seller and the consumer.

Article 2 – Identity of the seller

Company name: Emma Toronto

Organization number: 90155890

VAT registration number: NL004792068B86

Customer service email: info@emmatoronto.com

Business address: Indrapoerastraat 80, Rotterdam

Article 3 – Application

These terms and conditions apply to all offers made by Emma Toronto and to all distance contracts concluded between the seller and the consumer.

The text will be made available before the contract is concluded. If this is not possible, it will be stated how it can be obtained and that it will be sent free of charge upon request.

In the case of electronic agreements, the terms and conditions may be delivered on a durable medium.

In the event of a conflict between specific terms and conditions and these general terms and conditions, the provisions most favorable to the consumer shall always apply.

If one clause is invalid, the other terms and conditions remain valid.

Unregulated situations shall be interpreted in accordance with the spirit of these terms and conditions.

Article 4 – Offers

Offers are not binding and are subject to change. Product descriptions and images are accurate but not binding in the event of obvious errors or visual discrepancies. Offers contain information about:

Prices (excluding import VAT and customs duties for deliveries outside the EU).

Shipping costs.

Procedure for concluding a contract.

Application of the right of withdrawal.

Payment, delivery, and performance conditions.

Validity period of the offer.

Communication costs, if applicable.

Available languages.

Contract period for ongoing contracts.

Article 5 – The Contract

The contract is considered concluded when the consumer accepts the offer and fulfills the conditions. Upon acceptance online, a confirmation is sent by email. If no confirmation is received, the consumer may cancel the order. Security measures are taken for electronic transactions. The seller may check payment security and reject orders with justification. After the contract has been concluded, the following information is provided:

Address for any complaints.

Information about the right of withdrawal.

Warranty and customer service.

Terms and conditions for termination of the agreement.

Article 6 – Right of withdrawal

The consumer has the right to withdraw from the purchase within 30 days of receiving the product.

The product must be returned in its original condition and, if possible, in its original packaging with accessories.

Notification of the right of withdrawal must be made in writing (including by email) within the deadline. Products must be returned within 30 days of notification.

Returns can be sent to our warehouse in the Netherlands or directly to the supplier in China (proof of shipment required).

Article 7 – Return costs

Shipping costs for returns, including international returns, are paid by the customer.

Refunds will be made within 30 days of receipt of the return or proof of return.

Article 8 – Exceptions to the right of withdrawal

The right of withdrawal does not apply to:

Customized or personalized products.

Sealed goods for hygiene reasons, if they have been opened.

Products that cannot be returned due to their nature or that have a short shelf life.

Article 9 – Prices

Prices are fixed during the validity period of the offer, except for changes in VAT or exchange rates.

For orders outside the EU, customs duties and import VAT may be added and paid by the customer.

Obvious pricing errors are not binding.

Article 10 – Conformity and warranty

The products must comply with the agreement, be reasonably usable, and comply with the law. The manufacturer's warranty does not limit the consumer's statutory rights. Defects must be reported within 30 days. Products must be returned in their original condition and packaging.

The warranty does not apply in the following cases:

Incorrect use or modification of the product.

Failure to follow instructions.

Changes in legislation.

Article 11 – Delivery and performance

Delivery will be made to the address provided. The maximum delivery time is 30 days, unless otherwise agreed. Any delays will be notified. If delivery exceeds the agreed time, the consumer may cancel the purchase. If the product is sold out, a replacement product may be offered. Returns are then free of charge. The risk is transferred to the consumer upon delivery.

Article 12 – Ongoing agreements: duration and termination

Ongoing agreements can be terminated with one month's notice. Agreements with a fixed term can be terminated at the end of the term. Extensions of more than one year can be terminated with one month's notice.

Article 13 – Payment

Unless otherwise agreed, payment must be made within 7 working days. Errors on invoices must be reported immediately. In the event of non-payment, reasonable collection costs may be incurred.

Article 14 – Complaints

Complaints must be reported within 7 days of the problem being discovered. A response will be provided within 30 days. If more time is needed, the customer will be informed. If the problem is not resolved, the case may be referred to mediation. A justified complaint may result in the replacement or repair of the product.

Article 15 – Disputes

Canadian law applies exclusively to these terms and conditions and all agreements with Emma Toronto, including for international customers.