THE FOLLOWING GENERAL TERMS AND CONDITIONS APPLY
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price Article 12 - Compliance and additional warranty
Article 13 - Delivery and performance
Article 14 - Continuing performance contracts: duration, termination, and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Additional or deviating provisions
In these terms and conditions, the following definitions apply:
1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement and these goods, digital content, and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or profession;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Continuing performance contract: a contract for the regular delivery of goods, services, and/or digital content over a specified period of time;
7. Durable data carrier: any tool, including email, that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Distance contract: a contract concluded between the entrepreneur and the consumer under an organised system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
10. Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions. Appendix I does not need to be made available if the consumer does not have a right of withdrawal in respect of their order;
11. Means of distance communication: any means that can be used to conclude an agreement without the consumer and the entrepreneur having to be physically present in the same space at the same time.
Article 2 - Identity of the entrepreneur
De Parfumeur B.V.
Lange Delft 133
4331 AM Middelburg
The Netherlands
Visiting address:
Lange Delft 133
4331 AM Middelburg
The Netherlands
Telephone number: 010 413 5893 (available on working days between 8 a.m. and 5 p.m., voicemail is not checked)
Email address: [email protected]
Chamber of Commerce number: 80671128
VAT identification number: NL861757208B01
If the entrepreneur's activity is subject to a relevant licensing system: the details of the supervisory authority.
If the entrepreneur practises a regulated profession:
- the professional association or organisation 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 applicable in the Netherlands and instructions on where and how these professional rules can be accessed.
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, contrary to 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 consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur 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.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
4. The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service, or digital content.
a. the visiting address of the entrepreneur's place of business where the consumer can submit 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. information about guarantees and existing after-sales service;
d. the price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer may terminate an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s). Sale items from De Parfumeur cannot be returned. These items will not be processed and will be returned postage unpaid. If you receive your item and notice that it is defective, please report this within 24 hours via [email protected].
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, 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 may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
c. in the case of agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content that are not delivered on a tangible medium:
3. The consumer may terminate a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement. Extended cooling-off period for products, services, and digital content not delivered on a tangible medium in the event of failure to inform about the right of withdrawal: If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for any diminished value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any loss of value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period by means of the model withdrawal form, by sending an email to [email protected], or by other unambiguous means. Please note that returns are only permitted in unopened and undamaged packaging. When the consumer indicates via [email protected] that goods are being returned, the consumer will receive an automatic email with return instructions. Because this is an automated system, these return instructions may end up in your junk mail folder. In the unlikely event that the consumer does not receive return instructions, it is the consumer's responsibility to contact De parfumeur in a timely manner by other means or to return the package on their own. If this is done later, we cannot guarantee that your return shipment will be accepted if it does not fall within the specified period.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur.
3. The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The model for withdrawal + the packing slip must be included with the return shipment. Without these accessories, your return shipment cannot be processed. If this has not been done, De Parfumeur will have to conduct an investigation, for which an administration fee of 10% will be charged.
5. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. De Parfumeur recommends returning the package with a Track and Trace code and keeping the proof of shipment until your return shipment has been processed. If the package has been sent without a Track and Trace code or the proof of shipment cannot be demonstrated, no guarantee can be given for missing packages.
6. The consumer bears the direct costs of returning the product.
7. If the consumer exercises their right of withdrawal, all additional agreements are dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur enables the consumer to notify him of the withdrawal electronically, he will send a confirmation of receipt immediately after receiving this notification.
2. The consumer will be refunded using the same payment method used to make the payment, if this was made using: iDeal, PayPal, Mistercash/bancontact, Visa Mastercash, or Klarna.
3. 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 trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract:
1. Products or services whose price is dependent on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period
2. Service agreements, after full performance of the service, but only if:
a. the performance has begun with the consumer's express prior consent; and
b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
3. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
4. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
5. Products that, by their nature, have been irrevocably mixed with other products after delivery;
6. The delivery of digital content other than on a tangible medium, but only if:
a. the performance has begun with the consumer's express prior consent; and
b. the consumer has declared 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 products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
3. The prices stated in the offer of products or services include VAT.
Article 12 - Compliance with the agreement and additional warranty
1. De Parfumeur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing 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.
2. Any additional warranty provided by De Parfumeur, its supplier, manufacturer, or importer shall never limit the statutory rights and claims that the consumer can assert against De Parfumeur on the basis of the agreement if De Parfumeur has failed to fulfill its part of the agreement.
3. An additional guarantee is understood to mean any commitment by De Parfumeur, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.
Article 13 - Delivery and execution
1. De Parfumeur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to De Parfumeur. If you are absent at the place and time of delivery, PostNL has the authority to deliver your package elsewhere.
3. With due observance of the provisions of Article 4 of these general terms and conditions, The Perfumer will execute accepted orders with due speed, but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without incurring any costs and is entitled to compensation.
4. After termination 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 to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Continuing performance contracts: duration, termination, and renewal
A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month. The notice period shall not exceed three months in the case of an agreement for the regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.
Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness preclude termination before the end of the agreed duration.
Article 15 - Payment
1. Unless otherwise specified in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period shall commence on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to De Parfumeur.
4. If the consumer fails to meet his payment obligation(s) on time, after De Parfumeur has notified him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after failure to pay within this 14-day -term, the consumer will owe statutory interest on the amount still due and De Parfumeur will be entitled to charge the extrajudicial collection costs incurred by it. These collection costs will amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer.
Article 16 - Complaints procedure
1. De Parfumeur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Defects must be reported to De Parfumeur within 24 hours of the consumer receiving the goods, with a full and clear description, via [email protected]
3. Complaints submitted to De Parfumeur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, De Parfumeur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
Article 17 - Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must 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.