Terms and conditions
Table of Contents
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 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Reflection period: the period within which the consumer can make use of their right of withdrawal; Read all about the reflection period
Consumer: the natural person who is not acting in the exercise of their 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, for which the delivery and/or purchase obligation is spread over time;
Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to waive the distance contract within the reflection period;
Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill in when they wish to make use of their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, one or more techniques for distance communication are used exclusively up to and including the conclusion of the agreement;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same space at the same time.
General Terms and Conditions: these current General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Luxury Fragrances
In Rotterdam, The Netherlands
Email: luxuryfragrancesnl@gmail.com
Chamber of Commerce number: 58471936
VAT number: NL002205651B70
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 general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then, 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 by electronic means in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge by electronic or other means upon request.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced by mutual consultation without delay by a provision that approximates the intent of the original as closely as possible.
Situations not regulated in these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should 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 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 representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot 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.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
any costs of delivery;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of 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 technology for distance communication are calculated on a basis other than the regular basic rate for the communication means used;
whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has adhered and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a long-term transaction.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may – within legal frameworks – inform themselves whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to the execution with motivation.
The entrepreneur will send 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 manner on a durable data carrier:
the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the data included in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer 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 long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
Upon delivery of products:
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 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 the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form or by means of another communication medium such as by email. After the consumer has made known that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not made known that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Upon delivery of services:
When delivering services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, commencing on the day of entering into the agreement.
To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery regarding this matter.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of return shipment will be at most at their expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. A condition for this is that the product has already been received back by the web store or conclusive proof of complete return can be provided. Refund will take place via the same payment method used by the consumer unless the consumer explicitly consents to another payment method.
In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation in value of the product.
The consumer cannot be held liable for depreciation in value of the product when the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software for which the consumer has broken the seal;
for hygienic products for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period;
whose delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.
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 as a result of changes in VAT rates.
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, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and warranty
The entrepreneur 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.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Return of the products must be in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application 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 modified the delivered products themselves or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
the defect is wholly 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 execution
The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with competent speed 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 only partially be executed, the consumer will receive notification of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not give the consumer the right to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, termination and extension
Termination
The consumer may at any time terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules agreed for this purpose and a notice period of at most one month.
The consumer may at any time terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at the end of the definite period with due observance of the termination rules agreed for this purpose and a notice period of at most one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least terminate in the same manner as they were entered into by him;
always terminate with the same notice period as the trader has stipulated for himself.
Extension
An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
By way of derogation from the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of at most three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may after one year terminate the agreement at any time with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the trader.
In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.
Article 14 - Complaints procedure
The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the trader within 2 months, after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
In case of complaints, a consumer must first turn to the trader. If the webshop is affiliated with Stichting WebwinkelKeur and for complaints that cannot be resolved by mutual consultation, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the possibility to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the ruling of which is binding and both the trader and the consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee in question. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the trader, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at its option, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions relate. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the disadvantage of the consumer and must be recorded in writing or in such a way that these can be stored by the consumer in an accessible manner on a durable data carrier.