Terms and Conditions
Our General Terms and Conditions have been drawn up in such a way that they comply with Dutch and European regulations and are also applicable to any product or service. When you place an order through this webshop, you automatically agree to the General Terms and Conditions.
General Terms and Conditions of Little Indians ®
In these conditions the following definitions apply:
1. Additional agreement: an agreement whereby the consumer products, digital content and/or services
acquires in connection with a distance contract and these items, digital content and/or services through the
entrepreneur or by a third party on the basis of an agreement between that third party and the
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his commercial,
business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital
content over a period of time;
7. Durable data carrier: any tool - including e-mail - that the consumer or
enables the entrepreneur to store information that is addressed to him personally in a way that
future consultation or use for a period appropriate to the purpose for which the
information is intended, and which enables unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's option to cancel the agreement within the cooling-off period
at a distance;
9. Entrepreneur: the natural or legal person who is a member of the Webshop Quality Mark and Products Foundation,
offers (access to) digital content and/or services remotely to consumers;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer
within the framework of an organized system for distance selling of products, digital content and/or
services, which are used exclusively or partly up to and including the conclusion of the agreement
one or more techniques for remote communication;
11. Model withdrawal form: the European model form included in Appendix I of these conditions
12. Remote communication technique: means that can be used to conclude a
agreement, without the consumer and entrepreneur having to be in the same room at the same time
Article 2 – Identity of the entrepreneur
Little Indians ® / November Retail BV
3036 HC Rotterdam
Chamber of Commerce: 86069578.
If the activity of the entrepreneur is subject to a relevant licensing system: the
data on the supervisory authority;
If the entrepreneur practices a regulated profession:
- the professional association or organization to which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules that apply in the Netherlands and instructions where and how they apply
professional rules are accessible.
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every agreement concluded
distance contract between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is provided to the
made available to consumers. If this is not reasonably possible, the entrepreneur will do so before the
distance contract is concluded, indicate how the general terms and conditions of the
can be viewed by the entrepreneur and that they will be free of charge as soon as possible at the request of the consumer
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before
the distance contract is concluded, the text of these general terms and conditions electronically
be made available to the consumer in such a way that it can be used by the consumer
can be easily stored on a durable data carrier. If this is reasonable
is not possible, it will be indicated where the distance contract is concluded before the distance contract is concluded
general terms and conditions can be viewed electronically and that they are available at the request of the
will be sent free of charge to the consumer electronically or otherwise.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions apply
apply, the second and third paragraphs apply mutatis mutandis and the consumer can opt out in that case
of conflicting conditions always rely on the applicable provision that is most applicable to him
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this becomes explicit
stated in the offer.
2. The offer contains a complete and accurate description of the products and digital content offered
and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the
to make it possible for consumers. If the entrepreneur uses images, these are a
true representation of the products, services and/or digital content offered. Obviously
mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are
that are linked to the acceptance of the offer.
Article 5 – The agreement
1. The agreement is concluded at the time of acceptance, subject to the provisions of paragraph 4
by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur confirms
without delay by electronic means the receipt of the acceptance of the offer. As long as the receipt of
If this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and
organizational measures to secure the electronic transfer of data and ensures a
secure web environment. If the consumer can pay electronically, the entrepreneur will make appropriate arrangements for this
observe safety measures.
4. The entrepreneur can, within legal frameworks, inform himself whether the consumer is interested
can meet payment obligations, as well as all those facts and factors that are important for a
responsibly entering into the distance contract. If, on the basis of this research, the entrepreneur
has good reasons not to enter into the agreement, he is entitled to place an order or
to refuse the application or to attach special conditions to its implementation.
5. The entrepreneur will notify the consumer no later than upon delivery of the product, service or digital content to the consumer
following information, in writing or in such a way that it is accessible to the consumer
can be stored on a durable data carrier, include:
a. the visiting address of the entrepreneur's branch where the consumer can go with complaints;
b. 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;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; as far as
apply the costs of delivery; and the method of payment, delivery or execution of the agreement
e. the requirements for termination of the agreement if the agreement has a duration of more than
is one year or of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
1. The consumer can enter into an agreement regarding the purchase of a product for a period of time
cancellation period of at least 14 days without giving reasons. The entrepreneur likes the consumer
ask for the reason for withdrawal, but do not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or an advance notice by the consumer
designated third party, who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer,
or a third party designated by him has received the last product. The entrepreneur is allowed, provided he has the
consumer has clearly informed about this prior to the ordering process, an order
refuse multiple products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the
the consumer, or a third party designated by him, has received the last shipment or the last part;
c. in the case of agreements for regular delivery of products during a certain period: the day on which
the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not supplied on a tangible medium:
3. The consumer can enter into a service agreement and an agreement for the supply of digital content
has not been delivered on a tangible medium for at least 14 days without giving reasons.
The entrepreneur may ask the consumer the reason for withdrawal, but not to state this
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that is not delivered on a tangible medium
inform about right of withdrawal:
5. If the entrepreneur provides the consumer with the legally required information about the right of withdrawal or the
has not provided the model withdrawal form, the cooling-off period will expire twelve months after the end of the period
original reflection period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within
twelve months after the commencement date of the original reflection period, the reflection period expires 14 days later
the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
1. During the reflection period, the consumer will handle the product and packaging with care. He will
Only unpack or use the product to the extent necessary to determine its nature, characteristics and operation
of the product. The basic principle here is that the consumer may only handle the product
and inspect as he might do in a shop.
2. The consumer is only liable for any reduction in value of the product that is the result of a
way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur does not inform him of this
or has all legally required information about the right of withdrawal when concluding the contract
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he must report this within the cooling-off period by email
of the model withdrawal form or in another unambiguous manner to the entrepreneur.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the
consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary
if the entrepreneur has offered to collect the product himself. The consumer has already completed the return period
in any case if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in original
condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur does not
has reported that the consumer must bear these costs or if the entrepreneur indicates that he will pay the costs himself
the consumer does not have to bear the costs for return.
6. If the consumer withdraws after having first expressly requested that the performance of the service or
the supply of gas, water or electricity that is not prepared for sale in a limited volume or
a certain amount starts during the cooling-off period, the consumer owes the entrepreneur an amount
owed that is proportional to that part of the obligation that has been fulfilled by the entrepreneur
the moment of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity,
that are not prepared for sale in a limited volume or quantity, or for delivery of
district heating, if:
a. the entrepreneur provides the consumer with the legally required information about the right of withdrawal, the
reimbursement of costs in the event of withdrawal or has not provided the model withdrawal form, or;
b. the consumer does not expressly request the start of the performance of the service or delivery of gas, water,
electricity or district heating during the cooling-off period.
8. The consumer does not bear any costs for the full or partial delivery of goods that are not on a tangible medium
digital content supplied, if:
a. he has not expressly agreed to commence performance prior to delivery
of the agreement before the end of the reflection period;
b. he has not acknowledged that he loses his right of withdrawal when granting his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all additional agreements will be cancelled
Article 9 - Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur enables the notification of withdrawal by the consumer electronically,
he will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs incurred by the consumer
entrepreneur will be charged for the returned product, immediately but within 14 days
on the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to deliver the product himself
he may wait to pay back until he has received the product or until the consumer proves it
that he has returned the product, whichever is the earlier.
3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the
consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest
standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method
Article 10 – Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if:
the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement:
1. Products or services whose price is subject to fluctuations in the financial market on which the
entrepreneur has no influence and that may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction is defined as:
a sales method in which products, digital content and/or services are sold by the entrepreneur
offered to the consumer who is present in person or is given the opportunity to be present in person
are at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to the
to purchase products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the execution has started with the express prior consent of the consumer; and
b. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur terminates the agreement
has fully implemented;
4. Service agreements for the provision of accommodation, if specified in the agreement
date or period of execution is provided and other than for residential purposes, freight transport,
car rental services and catering;
5. Agreements regarding leisure activities, if the agreement specifies a specific date or period
implementation thereof is provided for;
6. Products manufactured according to consumer specifications, which are not prefabricated and which are
manufactured on the basis of an individual choice or decision of the consumer, or which is clearly for a
specific person intended;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for use for reasons of health protection or hygiene
are returned and the seal has been broken after delivery;
9. Products that are irrevocably mixed with other products after delivery due to their nature;
10. Alcoholic drinks the price of which was agreed upon at the conclusion of the agreement, but of which
delivery can only take place after 30 days, the actual value of which depends on fluctuations
market developments over which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, which are sealed after delivery
12. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
13. The supply of digital content other than on a tangible medium, but only if:
a. the execution has started with the express prior consent of the consumer; and
b. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 – The price
1. During the period of validity stated in the offer, the prices of the offered products and/or
or services will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur can provide products or services whose prices are subject to
fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices
to offer. This liability to fluctuations and the fact that any prices stated are target prices,
are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if
they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the
entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the
price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 12 – Compliance with agreement and additional warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the terms and conditions stated in it
specifications stated in the offer, meet the reasonable requirements of reliability and/or usability and the specifications stated on the
date of conclusion of the agreement, existing legal provisions and/or
government regulations. If agreed, the entrepreneur also guarantees that the product
is suitable for other than normal use.
2. An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer is never limited
the legal rights and claims that the consumer has against the consumer under the agreement
entrepreneur can assert if the entrepreneur has failed to fulfill his part of the
3. Additional warranty means any obligation of the entrepreneur, his supplier, importer or
producer in which it grants the consumer certain rights or claims that go further than what is true
to the extent that he is legally obliged in the event that he has failed to fulfill his part of the agreement.
Article 13 – Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and shipping
execution of orders for products and in the assessment of requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the entrepreneur.
3. Taking into account what is stated in Article 4 of these general terms and conditions, the
entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless
a different delivery period has been agreed. If delivery is delayed, or if a
order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30
days after placing the order. In that case, the consumer has the right to transfer
agreement without costs and the right to possible compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery
delivery to the consumer or a pre-designated and announced to the entrepreneur
representative, unless expressly agreed otherwise.
Article 14 – Duration transactions: duration, cancellation and extension
1. The consumer can enter into an agreement that has been entered into for an indefinite period and that extends to settlement
delivery of products (including electricity) or services, cancel at any time with
taking into account agreed cancellation rules and a notice period of no more than one
2. The consumer can enter into an agreement that has been entered into for a definite period and that extends to settlement
delivery of products (including electricity) or services, at any time towards the end of the
can cancel for a certain period, taking into account agreed cancellation rules and a noticer
mine for a maximum of one month.
3. The consumer can cancel the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or in a specific time
period of time;
- at least cancel in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has agreed for himself.
4. An agreement entered into for a fixed period and which extends to the regular delivery of products
(including electricity) or services, may not be tacitly extended or renewed for a
5. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to:
regular delivery of daily news and weekly newspapers and magazines will be tacitly extended for a period of one year
fixed term of up to three months, if the consumer extends this agreement towards the end
may cancel the extension with a notice period of no more than one month.
6. An agreement entered into for a fixed period and which extends to the regular delivery of products
or services, may only be tacitly extended for an indefinite period if the consumer at all
may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three
months in case the agreement extends to regular, but less than once a month, delivery
of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily and news items for the purpose of introduction
weeklies and magazines (trial or introductory subscription) is not tacitly continued and ends
automatically after the trial or introductory period.
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement after one year
Cancel at any time with a notice period of no more than one month, unless reasonable and fair
oppose termination before the end of the agreed duration.
Article 15 – Payment
1. Unless otherwise stated in the agreement or additional terms and conditions, the
Amounts owed by the consumer must be paid within 14 days after the commencement date
reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the
agreement. In the case of an agreement to provide a service, this period commences on the
day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer is never obliged to do so in general terms and conditions
be required to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot
only assert rights regarding the execution of the relevant order or service(s), before the
stipulated advance payment has been made.
3. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated
entrepreneur to report.
4. If the consumer does not fulfill his payment obligation(s) on time, he will be
the entrepreneur has been informed of the late payment and the entrepreneur has given the consumer a period of 14 days
granted to still meet its payment obligations, after failure to pay within these
14-day period, the entrepreneur owes statutory interest on the amount still owed
entitled to charge the extrajudicial collection costs incurred by him. This
collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the
subsequent € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur
may deviate from the stated amounts and percentages to the benefit of the consumer.
Article 16 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint
in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted within a reasonable time after the consumer has received the complaint
defects have been found, must be submitted fully and clearly described to the entrepreneur.
3. Complaints submitted to the entrepreneur will be processed within a period of 14 days from the date
answered upon receipt. If a complaint requires a foreseeably longer processing time, the
entrepreneur responded within 14 days with an acknowledgment of receipt and an indication
when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be submitted via a
complaints form on the consumer page of the Webshop Keurmerk website
The complaint will then be sent to both the entrepreneur in question and to the Webshop Keurmerk Foundation.
5. If the complaint is not submitted within a reasonable period or within 3 months after submitting the complaint
can be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Article 17 – Disputes
1. To agreements between the entrepreneur and the consumer to which these general terms and conditions apply
have, only Dutch law applies.
2. Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements
with regard to products and services to be delivered or delivered by this entrepreneur, can, with
in compliance with the provisions below, will be submitted by both the consumer and the entrepreneur
the Webshop Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes Committee if the consumer is
first submitted the complaint to the entrepreneur within a reasonable time.
4. The dispute must be submitted in writing to the Disputes Committee no later than twelve months after the dispute arose
to be brought forward.
5. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is responsible for this
choice bound. If the entrepreneur wants to do this, the consumer will have to do so within five weeks
request made in writing by the entrepreneur, must state in writing whether he wishes this
would like to have the dispute handled by the competent court. The entrepreneur is informed of the choice
of the consumer within the period of five weeks, then the entrepreneur is entitled to settle the dispute
to the competent court.
6. The Disputes Committee will make a decision under the conditions set out in the regulations
of the Disputes Committee (http://www.degeschilcommissie.nl/over-ons/de-commissies/2701/webshop).
The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not handle a dispute or will stop handling it if it is the responsibility of the entrepreneur
suspension of payments has been granted, it has become bankrupt or its business activities are de facto
has ended before a dispute has been dealt with by the committee at the hearing and a final decision has been reached
8. If, in addition to the Webshop Disputes Committee, another recognized or at the Dispute Committees Foundation
for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid).
Disputes Committee is competent for disputes relating mainly to the method of sale or
remote services, the Disputes Committee of the Webshop Quality Mark Foundation is preferably competent. For
all other disputes the other recognized dispute committee affiliated with SGC or Kifid.
Article 18 – Industry Guarantee
1. Stichting Webshop Keurmerk guarantees compliance with the binding advice of the
Stichting Webshop Keurmerk Disputes Committee by its members, unless the member decides on the binding advice
to be submitted to the court for review within two months of its dispatch. This guarantee
revives if the binding advice has been upheld after review by the court and the judgment from which this
appears to have become final and binding. Up to a maximum amount of €10,000 per binding advice
this amount is paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10,000
€10,000 will be paid out per binding advice. The Webshop Keurmerk Foundation has one for this
obligation to ensure that the member complies with the binding advice.
2. To apply this guarantee, the consumer must submit a written appeal to the Foundation
Webshop Keurmerk and that he transfers his claim against the entrepreneur to the Webshop Keurmerk Foundation.
If the claim against the entrepreneur amounts to more than €10,000, the consumer will be offered
to transfer the claim insofar as it exceeds the amount of €10,000 to Stichting Webshop
Quality mark, after which this organization will legally request payment thereof in its own name and costs
satisfaction to the consumer.
Article 19 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the
are consumers and must be recorded in writing or in such a way that it can be recognized by the
consumer can be stored in an accessible manner on a durable data carrier.
Article 20 – Changes to the general terms and conditions of Stichting Webshop Keurmerk
1. Stichting Webshop Keurmerk will not change these general terms and conditions without consultation with the Consumer
2. Changes to these conditions will only take effect after they have been made in an appropriate manner
published, with the understanding that in the event of applicable changes during the term of an offer, the
provision most favorable to the consumer will prevail.
Address of the Webshop Quality Mark Foundation:
Willemsparkweg 193, 1071 HA Amsterdam
Appendix I: Model withdrawal form
Model withdrawal form
(only complete and return this form if you wish to withdraw from the agreement)
- To: [name of entrepreneur]
[entrepreneur's geographical address]
[entrepreneur's fax number, if available]
[e-mail address or electronic address of entrepreneur]
- I/We* hereby inform you that I/We* agree with you regarding our agreement
the sale of the following products: [product designation]*
the supply of the following digital content: [digital content designation]*
the provision of the following service: [service designation]*,
- Ordered on*/received on* [date of order for services or receipt for products]
- [Name of consumer(s)]
- [Consumer(s) address]
- [Signature of consumer(s)] (only when this form is submitted on paper)
* Delete what is not applicable or fill in what is applicable.