Terms of service

OVERVIEW

This website is operated by SORBIE. Throughout the site, the terms “we”, “us”, “our” and “the company” refer to SORBIE. SORBIE 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, 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 added to the current store shall also be subject to these 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 by posting updates and/or changes on 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 by Shopify Inc., which provides us with the online e-commerce platform that enables 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 and 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, 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 (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the 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.

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 for purposes relating to trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;

  • Day: 01-04-2024;

  • Long-term transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligations of which are spread over time;

  • Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future reference and unchanged reproduction of the stored information;

  • Right of withdrawal: the option 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: an agreement concluded within the framework of an organized system for distance selling of products and/or services, whereby up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;

  • Means of distance communication: any tool that can be used for concluding a contract without the consumer and the entrepreneur being simultaneously present in the same place;

  • General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

ARTICLE 2 – CONTACT INFORMATION

Business name: By Dong
Questions about the Terms of Service should be sent to us.
Customer service email: support@thesorbie.nl

ARTICLE 3 – APPLICABILITY

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, that the Terms and Conditions are available for inspection at the entrepreneur’s premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these Terms and Conditions may, contrary to the previous paragraph, be provided to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate where the Terms and Conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.

Where specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply correspondingly, and the consumer may always rely on the most favorable applicable provision in the event of conflicting terms.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the remaining provisions shall remain in force, and the parties shall promptly replace the invalid provision by mutual agreement with a valid one that approximates the intent of the original as closely as possible.

Situations not regulated by these Terms and Conditions shall be assessed in the spirit of these Terms.
Any ambiguity regarding the interpretation or content of one or more provisions shall likewise be interpreted in the spirit of these Terms and Conditions.

ARTICLE 4 – THE OFFER

If an offer is of limited duration or subject to conditions, this shall be explicitly stated in the offer.

All offers are non-binding. The entrepreneur reserves the right to modify or adjust the offer.

The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer shall not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer shall contain sufficient information for the consumer to understand the rights and obligations attached to acceptance of the offer, including:

  • the price (excluding customs clearance fees and import VAT, which are the responsibility of the customer);

  • any shipping costs;

  • how the agreement will be concluded and what steps are required;

  • whether the right of withdrawal applies;

  • the method of payment, delivery, and performance of the contract;

  • the period for accepting the offer and/or the period for which the price is guaranteed;

  • the rate of remote communication if higher than the basic rate;

  • whether the contract will be archived after conclusion, and if so, how it can be accessed by the consumer;

  • how the consumer can check and correct input errors before placing the order;

  • any other languages in which the agreement can be concluded;

  • any applicable codes of conduct and how the consumer can consult them electronically;

  • and the minimum duration of the distance contract, if applicable to long-term transactions.

ARTICLE 5 – THE AGREEMENT

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set forth.

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

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

The entrepreneur may, within the legal framework, verify whether the consumer can meet payment obligations and all relevant facts necessary for a sound conclusion of the distance contract. If, based on this assessment, the entrepreneur has reasonable grounds not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to its performance.

The entrepreneur shall send to the consumer, along with the product or service, written or electronic confirmation containing:

  1. the business address of the entrepreneur for complaints;

  2. conditions and procedures for exercising the right of withdrawal, or clear notice if this right is excluded;

  3. warranty and after-sales information;

  4. information referred to in Article 4(3), unless already provided before the agreement was concluded;

  5. cancellation requirements for agreements exceeding one year or of indefinite duration.

In case of a long-term transaction, the above applies only to the first delivery.
All agreements are concluded subject to sufficient availability of the products concerned.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the right to withdraw from the contract within 14 days without stating any reason. The cooling-off period begins on the day after the consumer receives the product or a representative designated by the consumer and notified to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with 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 receiptof the product by written notice or email. After notification, the consumer must return the product within 14 days. Proof of timely return, such as a shipping receipt, is required.

If the consumer has not notified their intention to withdraw or has not returned the product within the specified periods, the purchase becomes final.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

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

If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible and no later than 14 days after the withdrawal has been received. This is subject to the condition that the returned product has already been received by the merchant or that conclusive proof of return shipment can be provided.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur may exclude the consumer’s right of withdrawal for certain products or services as described in paragraphs 2 and 3.
Exclusion of the right of withdrawal is only valid if this has been clearly stated in the offer, or at least in good time before the conclusion of the contract.

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

  1. that have been produced according to the consumer’s specifications;

  2. that are clearly personal in nature;

  3. that, by their nature, cannot be returned;

  4. that can deteriorate or expire rapidly;

  5. whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control;

  6. that are individual newspapers or magazines;

  7. for audio or video recordings or computer software whose seal has been broken by the consumer;

  8. for hygienic products where the seal has been broken by the consumer.

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

  1. relating to accommodation, transport, restaurant or leisure activities to be carried out on a specific date or during a specific period;

  2. where performance has begun with the consumer’s explicit consent before the cooling-off period has expired;

  3. relating to betting or lotteries.

ARTICLE 9 – PRICES

We reserve the right to change the prices of our products and/or services at any time during the validity period of the offer, including as a result of changes in VAT rates.

In deviation from the above, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market (and beyond the entrepreneur’s control) at variable prices. This dependency and the fact that quoted prices are indicative will be stated in the offer.

Price increases within three months after the conclusion of the contract are only permitted if they are the result of statutory provisions or regulations.

Price increases after three months are only permitted if the entrepreneur has stipulated this and:

  1. they result from statutory provisions or regulations; or

  2. the consumer has the right to terminate the agreement as of the date the price increase takes effect.

The place of supply is determined under Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, as the country where the transport begins. In this case, delivery takes place outside the EU. Therefore, import VAT and customs clearance fees will be charged to the recipient by the postal or courier service. The entrepreneur will not charge VAT on the invoice.

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

ARTICLE 10 – CONFORMITY AND WARRANTY

The entrepreneur guarantees that the products and/or services conform to the contract, the specifications stated in the offer, reasonable standards of usability and soundness, and existing legal provisions and/or government regulations at the time the contract was concluded. Where agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

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

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

The warranty period provided by the entrepreneur corresponds to that of the manufacturer’s warranty. However, the entrepreneur is never responsible for the ultimate suitability of the products for individual applications 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 altered the delivered products themselves or had them repaired and/or altered by third parties;

  • The delivered products have been exposed to abnormal conditions or handled carelessly or contrary to the entrepreneur’s instructions or those on the packaging;

  • The defect results wholly or partly from government regulations regarding the nature or quality of materials used.

ARTICLE 11 – DELIVERY AND PERFORMANCE

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

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

Subject to the provisions in Article 4 of these Terms and Conditions, the company shall execute accepted orders promptly and 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 shall be informed within 30 days after placing the order. In such cases, the consumer has the right to terminate the contract without costs and to claim any applicable compensation.

In the event of termination as described above, the entrepreneur shall refund any amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur shall make reasonable efforts to provide a replacement product.
At the latest upon delivery, it shall be clearly stated that a replacement product is being supplied. For replacement products, the right of withdrawal cannot be excluded. Return shipping costs in such cases are borne by the entrepreneur.

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

ARTICLE 12 – LONG-TERM TRANSACTIONS: DURATION, TERMINATION, AND RENEWAL

Termination

The consumer may terminate a contract concluded for an indefinite period, which involves the regular delivery of products (including electricity) 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 a fixed-term contract for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may:

  • terminate the contracts mentioned above at any time and not be restricted to termination at a specific time or in a specific period;

  • terminate the contract in the same way as it was entered into;

  • always terminate the contract with the same notice period as the entrepreneur has stipulated for itself.

Renewal

A fixed-term contract for the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed period.

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

A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or three months in the case of delivery of daily, news, or weekly newspapers and magazines less than once a month.

A limited-term contract for the regular delivery of newspapers and magazines for introductory purposes (trial or introductory subscriptions) shall not be tacitly renewed and shall automatically end after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless early termination before the end of the agreed term would be unreasonable or unfair.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, any amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of a service agreement, this period begins once the consumer has received confirmation of the contract.

The consumer is responsible for promptly notifying the entrepreneur of any inaccuracies in the provided or stated payment details.

In the event of non-payment by the consumer, the entrepreneur is entitled—subject to legal limitations—to charge any reasonable costs previously communicated to the consumer.

ARTICLE 14 – COMPLAINTS PROCEDURE

Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days after the consumer has identified the defect(s). Complaints must be complete and clearly described.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will send an acknowledgment of receipt within 14 days and indicate when the consumer can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, it becomes a dispute that is subject to the dispute-resolution procedure.

Filing a complaint does not suspend the consumer’s obligations unless the entrepreneur states otherwise in writing.

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

ARTICLE 15 – DISPUTES

Contracts between the entrepreneur and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

ARTICLE 16 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.
You can review our Privacy Policy for more details on how we collect, use, and protect your data.

ARTICLE 17 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have placed your order).

We are under no obligation to update, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.

ARTICLE 18 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and/or changes on our website.
It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

ARTICLE 19 – CESOP

Due to the measures introduced in 2024 under the “Amendment to the Turnover Tax Act 1968 (Implementation of the Payment Services Providers Directive)”, and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may be required to record and share certain transaction data within the European CESOP system.