General Terms and Conditions
General Terms and Conditions
article 1 definitions
In these terms and conditions, the following definitions apply:
Grace Period: The period within which the consumer can exercise his right of withdrawal. Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur. Day: Calendar day. Duration transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time. Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information. Right of withdrawal: The possibility for the consumer to waive the distance contract within the cooling-off period. Entrepreneur: The natural or legal person who offers distance products and/or services to consumers. Distance contract: An agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication. Technique for distance communication: Medium that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together simultaneously in the same room. General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 - Right of withdrawal
The consumer has the right to revoke the agreement within a 30-day reflection period without giving reasons. During the reflection period, the consumer will handle the product and packaging with care. If the consumer uses his right of withdrawal, he will return the product with all delivered accessories and if possible in its original state, in accordance with reasonable instructions from the entrepreneur.
Article 3 - Applicability
These general conditions apply to any offer from the entrepreneur and any distance contract and orders concluded between entrepreneur and consumer. Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon request.
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 may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions will remain in force for the rest and the provision in question will be replaced without delay in mutual consultation by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change 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 a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and can not lead to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The entrepreneur 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 the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
● The possible costs of shipment.
The way in which the agreement will be concluded and which actions are necessary for this.
Whether or not the right of withdrawal is applicable.
The method of payment, delivery and performance of the agreement.
● The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price.
● The amount of the rate of 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 means of communication used.
● Whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer.
● The way in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them.
The possible other languages in which, besides Dutch, the agreement can be concluded.
● The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically.
● The minimum duration of the distance contract in case of a duration transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The agreement
The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby set.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the
entrepreneur on the basis of this investigation has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
● The visiting address of the branch of the entrepreneur where the consumer can go with complaints.
The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
● The information on guarantees and existing after-sales service.
● The data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement.
● The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 30 days.
This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
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 assess whether he wishes to keep the product.
If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must make this known by means of a written message or e-mail.
After the consumer has expressed his desire to exercise his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered items were returned in time, for example by means of proof of shipment.
If the customer has not expressed his intention to use his right of withdrawal and/or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer uses his right of withdrawal, the costs of returning the products are for the consumer's account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive evidence of complete return can be presented.
Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
● Which have been created by the entrepreneur in accordance with the consumer's specifications.
● Which are clearly personal in nature.
Which cannot be returned due to their nature.
Which spoil or age quickly.
The price of which is subject to fluctuations in the financial market over which the trader has no influence.
● For individual newspapers and magazines.
● For media and video recordings and computer software of which the consumer has broken the seal.
For hygienic products of which the consumer has broken the seal.
Article 9 - The price
During the validity period mentioned 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.
Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within three months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
● They are the result of legal regulations or provisions.
The consumer has the power to terminate the agreement from the day on which the price increase takes effect.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Compliance and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 30 days of delivery. Return of the products must be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging.
The defectiveness is entirely or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 - Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and executing orders of products.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed of this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and the right to possible compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered.
With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be 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 previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 12 - Duration transactions: duration, termination and renewal
Termination
The consumer may contract for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time terminate in accordance with agreed termination rules and a notice of up to one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
● terminate at any time and shall not be limited to termination at a specific time or in a specific period;
● at least terminate them in the same way as they were entered into by him;
● always terminate with the same notice period as the entrepreneur has for himself stipulated.
Renewal
A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly extended for an indefinite period of time if the consumer may terminate the contract at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract is concluded for the regular delivery, but less than once a month, of daily or weekly newspapers and magazines.
A contract of limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after purchase of the trial or introductory period.
Duration
If a contract lasts more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer should be paid within seven working days after the start of the reflection period as referred to in article 6 paragraph 1.
In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in payment data provided or stated immediately to the entrepreneur.
In case of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs communicated to the consumer in advance. Article 14 – Complaints Procedure Complaints regarding the performance of the agreement must be submitted to the entrepreneur fully and clearly described within seven days after the consumer has noticed the defects. Complaints submitted to the entrepreneur will be responded to within a period of 14 days from the date of receipt.
If a complaint necessitates a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment 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 scheme.A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – DisputesDutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions pertain.Even if the consumer resides abroad.
Shipping Policy
What is the delivery time?The delivery time consists of two phases:1. Processing timeWithin 1-3 business days after placing the order, it will be checked, approved, and packaged. Then, the package will be prepared for transport.2. Delivery time[UK]: 5-10 business days
The shipment is handled by [ParcelHero]. All shipping times are exclusive of any customs delays. During busy periods such as Christmas, Black Friday, and New Year, deliveries may take longer.How much does shipping cost?We offer free premium shipping. This includes insurance in case of theft, loss, or damage of the package.Where is my package?After shipment, the customer will receive an email with a tracking number. The order can be tracked here: [Insert tracking link from your website]For logistical reasons, the order may be shipped in multiple shipments.My tracking number does not work.It may take up to 5 working days for tracking information to be updated. If the tracking still shows no information after a few days, customer service can be contacted.
Privacy Policy
This Privacy Policy describes how Kleding-Shop (the "Site" or "we") collects, uses, and discloses your Personal Information when you visit the Site or make a purchase on the Site.Collecting Personal InformationWhen you visit the site, we collect certain information about your device, your interaction with the site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information listed below) as "Personal Information". See the list below for more information about what personal information we collect and why.
Device informationExamples of collected personal information: version of web browser, IP address, time zone, cookie information, which sites or products you view, search terms, and how you interact with the site.Purpose of collection: to load the site accurately for you and to conduct analyses on site usage to optimize our site.Source of collection: automatically collected when you visit our site using cookies, log files, web beacons, tags, or pixels.Disclosure for business purposes: shared with our processor Shopify.Order informationExamples of collected personal information: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number).Purpose of collection: to deliver products or services to you.