Terms & Conditions
TERMS AND CONDITIONS
Article 1: Definitions
- Entrepreneur: The natural or legal person who offers products and / or services to clients.
- Client: The (legal) person who acts in the exercise of his profession or business and enters into an agreement with the entrepreneur and places an order at a distance.
- These terms and conditions apply to every offer from the entrepreneur and to every agreement concluded at a distance between the user and the other party from purchase to sale of Holland Underwear, established in Bleiswijk, hereinafter referred to as "the entrepreneur".
- The buyer and / or the client will hereinafter be referred to as "the client". If in the following a provision specifically concerns the situation in which the client is a natural person who does not act in the exercise of a profession or business, this will be referred to as "the consumer".
- Before the agreement is concluded, the text of these general terms and conditions is made available to the other party. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the client's request.
- If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the client electronically in such a way that it is can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent electronically or otherwise free of charge at the user's request.
- In these general terms and conditions, 'written' is also understood to mean: by e-mail, contact form via the website or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.
- Accepting and retaining a quotation or order confirmation, on which reference is made to these terms and conditions, by the client without comment, constitutes acceptance of their application.
Article 2: Identity
Name of entrepreneur: Holland Underwear
Location and visiting address: Kwartsweg 42, 2665NN in Bleiswijk
Email address: [email protected]
Telephone number: 0619039091
Chamber of Commerce number: 27347660
VAT number: NL241634842B01
Article 3: Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every agreement concluded between the entrepreneur and client.
- Models, photos and descriptions shown and / or provided are as accurate as possible, but are only indicative. No rights can be derived from this, unless the parties have explicitly agreed otherwise in writing.
Article 4: The offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the client. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the client what rights and obligations are attached to accepting the offer. This concerns in particular:
- The price excluding taxes
- The possible costs of delivery
4. The way in which the agreement will be concluded and which actions are required for this:
- Whether or not the right of withdrawal is applicable
- The method of payment, delivery and implementation of the agreement
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price
- The level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used.
Article 5: The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the time the client accepts the offer and meets the corresponding conditions.
- If the client has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the client can terminate the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the client can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within the law - inform himself if the client can meet his payment obligations, as well as of all those facts and factors that are important for a sound 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 or to attach special conditions to the implementation.
- The entrepreneur will send the following information with the product or service to the client, in writing or in such a way that it can be stored by the client in an accessible manner on a durable medium:
- the visiting address of the establishment of the entrepreneur where the client can go with complaints;
- the conditions under which and the manner in which the client can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about existing after-sales service and guarantees;
- the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the client before the performance of the agreement;
- the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- If the trader has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6: Delivery, delivery times
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the client has made known to the company.
- The company will execute the accepted orders with due speed but at the latest within 30 days. If the delivery is delayed, or if an order cannot or only partially be executed, the client will be notified of this no later than 30 days after he has placed the order. In that case the client has the right to terminate the agreement without costs.
- If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available.
- With partial deliveries, each delivery and / or phase is considered a separate transaction and the client can invoice for each transaction.
- The risk regarding the delivered goods is transferred to the client at the time of delivery.
- Shipping and / or transport of the ordered goods takes place in a manner to be determined by the client, but at the expense and risk of the client. The entrepreneur is not liable for damage, of whatever nature and form, that is related to the shipment and / or transport, whether or not suffered from the goods. All this, unless the parties have explicitly agreed otherwise in writing.
- With regard to the fulfillment of the client's financial obligations, the entrepreneur is entitled to demand payment in advance or security by means of a proof of payment before delivery is made.
- The entrepreneur cannot be obliged to start the delivery of the goods until all the necessary information is in his possession.
Article 7: Return shipments
- The client is obliged to inspect the goods immediately upon receipt. If the client finds visible defects, incorrect delivery, errors and / or defects, this must be reported within two working days after receipt.
- If the above is not made known to the entrepreneur within the stipulated period, the goods will be deemed to have been received in good condition.
- Minor deviations with regard to specified sizes, colors and the like do not count as a shortcoming on the part of the entrepreneur.
- The entrepreneur must be given the opportunity to investigate the complaint. If a return shipment is necessary for the investigation of the complaint, this shall be at the expense and risk of the client if the latter has thereby given his explicit written consent in advance.
- In all cases, return shipments will be made in a manner to be determined by the entrepreneur and in the original packaging and / or packaging.
Article 8: Payment
- Unless otherwise agreed, the amounts owed by the client must be paid in advance of delivery.
Article 9: Complaints
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within the appropriate time, after the consumer has found the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.
Article 10: Shipping
- The entrepreneur is able to charge costs for shipping the products.
- These costs depend on a third party. There are different amounts that can be charged for this. The costs depend on the shipping address. See shipping costs.