Terms and Conditions

TERMS OF SERVICE

This website is operated by Smoke-Free Now. Throughout the site, the terms “we”, “us”, “our”, and “merchant” refer to Smoke-Free Now. Smoke-Free Now 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 conditions 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.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

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).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  • Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the merchant;
  • Day: 01-01-2024
  • Continuous transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
  • Durable data carrier: any means that enables the consumer or merchant to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
  • Merchant: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: an agreement whereby, within the framework of a system organized by the merchant for the distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
  • Technique for distance communication: means that can be used for concluding an agreement, without the consumer and merchant meeting simultaneously in the same space.
  • General Terms and Conditions: the present General Terms and Conditions of the merchant.

ARTICLE 2 - MERCHANT IDENTITY

  • Business name: Smoke-Free Now
  • Chamber of Commerce number: 83485597
  • Trade name: Global Commerce
  • VAT number: NL003829407B92
  • Customer service email: support@qolourwear.com
  • Business address: Opaallaan 1180, 2132LN Hoofddorp Netherlands

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to every offer of the merchant and to every distance contract and orders concluded between the merchant and the 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 viewed at the merchant’s premises and they will be sent free of charge to the consumer as soon as possible at the consumer's request.

If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s 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 can always rely on the applicable provision that is most favorable to them in case of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions at any time are wholly or partially null and void or annulled, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

ARTICLE 4 - THE OFFER

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

The offer is non-binding. The merchant is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the merchant uses images, these are a true representation of the offered products and/or services. Obvious errors or obvious mistakes in the offer do not bind the merchant.

All images, specifications, data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.

Images accompanying products are a true representation of the offered products. The merchant 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 accepting the offer. This concerns in particular:

  • The price, excluding customs clearance costs and import VAT. These additional costs will be at the customer’s expense and risk. The post or courier service will use the special scheme for post and courier services regarding importation. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The post or courier service collects the VAT (possibly together with the customs clearance costs) from the recipient of the goods;
  • Any costs of delivery;
  • The way in which the agreement will be concluded and what actions are required for this;
  • 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 merchant guarantees the price;
  • The level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the used communication method;
  • Whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
  • The manner in which the consumer can check and, if desired, rectify the data provided by them in the context of the agreement before the conclusion of the agreement;
  • The possible other languages in which, in addition to Dutch, the agreement can be concluded;
  • The codes of conduct to which the merchant is subject and the manner in which the consumer can consult these codes of conduct electronically; and
  • The minimum duration of the distance contract in the event of a duration transaction.
  • Optional: available sizes, colors, types of materials.

ARTICLE 5 - THE AGREEMENT

The agreement, subject to the provisions in paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.

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

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

The merchant may – within legal frameworks – inform themselves if the consumer can meet their payment obligations, as well as of all those facts and factors that are important for the responsible conclusion of the distance agreement. If, based on this investigation, the merchant has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.

The merchant will send the following information along with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

  • The visiting address of the merchant’s business location where the consumer can go with complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • Information about existing after-sales service and guarantees;
  • The information referred to in article 4 paragraph 3 of these Terms of Service, unless the merchant has already provided this information to the consumer before the execution of the agreement;
  • The requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.

ARTICLE 6 - RIGHT OF WITHDRAWAL

The consumer can dissolve the agreement without giving any reason within a cooling-off period of 14 days. The cooling-off period expires 14 days after the day on which the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:

  • If the consumer ordered multiple products in one order: the day on which the consumer, or a third party designated by the consumer, received the last product;
  • If the consumer ordered a product that consists of multiple lots or parts: the day on which the consumer, or a third party designated by the consumer, received the last lot or part;
  • In case of a service contract: the day on which the consumer receives confirmation of the agreement.

To exercise the right of withdrawal, the consumer must inform the merchant (Smoke-Free Now, support@qolourwear.com) of their decision to withdraw from the agreement by an unequivocal statement (e.g., a letter sent by post or email). The consumer may use the model withdrawal form available on our website, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for the consumer to send their communication concerning the exercise of the right of withdrawal before the cooling-off period has expired.

ARTICLE 7 - OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD

During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would in a physical store.

The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is necessary to establish its nature, characteristics, and functioning.

The consumer is not liable for any diminished value of the product if the merchant did not provide them with all the legally required information about the right of withdrawal before or at the conclusion of the agreement.

ARTICLE 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS

If the consumer withdraws from the agreement, the merchant will refund all payments received from the consumer, including any delivery costs charged by the merchant for the returned product, without delay and in any event no later than 14 days from the day on which the merchant is informed of the consumer’s decision to withdraw from the agreement. The merchant may withhold the refund until they have received the product back or the consumer has provided proof of return, whichever is earlier.

The merchant will use the same payment method for the refund as was used by the consumer for the initial transaction, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

If the consumer has chosen a delivery method more expensive than the standard delivery offered by the merchant, the merchant does not have to refund the additional costs of the more expensive method.

The consumer should return the product to the merchant or hand it over to (an authorized representative of) the merchant without delay, but in any event no later than 14 days from the day on which they communicated their decision to withdraw from the agreement. The deadline is met if the consumer returns the product before the period of 14 days has expired.

The direct costs of returning the product are for the consumer’s account. If the product cannot normally be returned by post, the merchant will state the cost of return in the offer or in the confirmation of the agreement.

If the consumer withdraws after first expressly requesting that the provision of the service commence during the cooling-off period, the consumer will owe the merchant an amount proportional to that part of the service that has been provided up to the point of withdrawal compared to the full coverage of the agreement.

ARTICLE 9 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The merchant may exclude the right of withdrawal for products and services as specified in article 6:230p of the Dutch Civil Code, provided this is stated in the offer at least in time for the conclusion of the agreement. The right of withdrawal is excluded in the case of:

  • Products that were created according to the consumer’s specifications, are not prefabricated and are manufactured based on an individual choice or decision by the consumer, or are clearly intended for a specific person;
  • Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
  • Products that, after delivery, are irrevocably mixed with other products;
  • Alcoholic beverages whose price was agreed upon at the conclusion of the agreement but which can only be delivered after 30 days and whose actual value depends on fluctuations in the market which are beyond the merchant’s control;
  • Sealed audio and video recordings and computer software whose seal has been broken after delivery;
  • Newspapers, periodicals, or magazines, with the exception of subscriptions to these publications.

ARTICLE 10 - 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.

By way of derogation from the previous paragraph, the merchant may offer products or services whose prices are subject to fluctuations in the financial market and over which the merchant has no influence, at variable prices. The offer will state the price and its dependence on market fluctuations.

The prices stated in the offer of products and services are inclusive of VAT.

ARTICLE 11 - CONFORMITY AND WARRANTY

The merchant guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of usability and/or durability, and the legal provisions and/or government regulations existing at the time of the conclusion of the agreement.

If the delivered product does not meet the agreement, the consumer should notify the merchant in writing within two months of discovering the defect. The merchant will then take care of repair or replacement at no cost.

ARTICLE 12 - DELIVERY AND EXECUTION

The merchant will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address provided by the consumer to the merchant.

Taking into account what is stated in article 4 of these Terms of Service, the merchant will execute accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed 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 and with the right to any compensation.

After termination of the agreement in accordance with the previous paragraph, the merchant will refund the consumer the amount paid without delay.

The risk of damage and/or loss of products rests with the merchant up to the moment of delivery to the consumer or a pre-designated representative who has been informed of the delivery, unless otherwise agreed.

ARTICLE 13 - PAYMENTS

Unless otherwise agreed, the consumer must pay the amounts due within 14 days after the start of the cooling-off period, or within 14 days of the conclusion of the agreement in case there is no cooling-off period.

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

In case of default by the consumer, the merchant has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

ARTICLE 14 - COMPLAINTS PROCEDURE

The merchant has a sufficiently notified complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the merchant in a complete and clearly described manner within two months, after the consumer has discovered the defects.

Complaints submitted to the merchant will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the merchant will respond within 14 days with a notice 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.

ARTICLE 15 - DISPUTES

Contracts between the merchant and the consumer to which these Terms of Service apply are exclusively governed by Dutch law. Even if the consumer resides abroad.

Disputes between the consumer and the merchant about the conclusion or execution of agreements with respect to the products and services offered by the merchant can be submitted to the competent court in the district where the merchant is established.

ARTICLE 16 - ADDITIONAL OR DIFFERENT TERMS

Additional or different terms to these Terms of Service may not be detrimental to the consumer and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.