Applicable from 1 August 2015
Article 1 Definitions
In these conditions the following terms have the following meanings:
1. Entrepreneur: the natural or legal person who offers products and / or services to consumers / customers remotely.
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a remote contract with the entrepreneur.
3. Customer: the natural person who acts in the exercise of a profession or business and who enters into a remote contract with the entrepreneur (Wholesale).
4. Remote contract: an agreement whereby, in the context of a system for remote selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the agreement, use is exclusively made of one or more communication techniques.
5. Technology for remote communication: means that can be used for the conclusion of an agreement, without the consumer/customer having come together in the same room at the same time;
6. Time for reflection: the period within which the consumer/customer can exercise his right of withdrawal;
7. Right of withdrawal: the possibility for the consumer/customer to withdraw from the remote contract within the cooling-off period;
8. Day: working day, Monday to Friday
9. Duration transaction: a remote contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
10. Durable data carrier: any means that enables the consumer/customer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
A number of conditions are attached to returning products, which are listed below. Furthermore, we ask that you handle our products with care and not damage the packaging, and return all items of clothing in the original plastic bag to prevent damage to the material.
* The return must be registered and returned within the set periods. This period is 14 days from the day of receipt. The return must therefore be received by us within these 14 days and the return must first be pre-notified via e-mail.
* The returned item is unused and must be returned unworn and in the original packaging. The article’s tags must still be attached to the product and there must be no traces that indicate that the product has been worn.
* By law, products such as briefs may be excluded from the right of return for hygienic reasons. This means that these items cannot be returned. This way, we assure all our customers that the product is new and that we handle our products with care.
* Peter Domenie does not ship briefs sealed, the law applies the rule that you as a customer can always fit / view clothes, and can break a seal for this. This means that sealing clothes (briefs) has no extra value.
The responsibility and costs for the return lie entirely on the customer. We do not take any responsibility for returns that are lost on their way back to us. If a package arrives after the 14 day return period, we have the right to refuse the return.
Legislation on the subject of remote buying has been laid down in Europe since June 13th, 2014 and our conditions have been adapted to these rules.
Article 2 Identity of the entrepreneur
Peter Domenie Fashion
3035 KA ROTTERDAM
T: +31 (0) 6 129 400 39 (Monday to Friday from 10 a.m. to 12.30 p.m. and from 1.30 p.m. to 5 p.m.)
Chamber of Commerce number: 24254200
VAT identification number: NL002048104B47
Article 3 Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every remote contract concluded between the entrepreneur and the consumer/customer.
2. Before the remote contract is concluded, the text of these general terms and conditions will be made available to the consumer/customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed and that they will be sent free of charge at the request of the consumer/customer.
3. If the remote contract is concluded electronically, notwithstanding the previous paragraph and before the remote contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer/customer in such a way that can be easily stored by the consumer/customer on a durable medium. If this is not reasonably possible, before the remote contract is concluded, it will be indicated where the general terms and conditions can viewed electronically and otherwise at the request of the consumer/customer they will be sent free of charge electronically.
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 and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer/customer. If the entrepreneur uses images, they are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer/customer what rights and obligations are involved in accepting the offer. This concerns in particular:
• the price including taxes;
• any delivery costs;
• the way in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery or implementation of the agreement;
• the period for accepting the offer, or the period for adhering to the price;
• if the agreement is filed, how it can be consulted by the consumer/customer;
• the way in which the consumer/customer can obtain information about actions he does not want before concluding the agreement,
as well as the way in which he can change these before the agreement is concluded;
• any languages in which, in addition to Dutch, the contract can be concluded;
• the codes of conduct to which the entrepreneur is subject and the way in which the consumer/customer can consult these codes of conduct electronically.
Article 5 The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer/customer accepts the offer and meets the corresponding conditions.
2. As long as the receipt of this acceptance has not been confirmed, the consumer/customer can dissolve the agreement. For the customer, an order placed after receipt by the customer is valid immediately, without confirmation. If necessary, the entrepreneur proves the date of receipt with receipt of the order received electronically.
2. If the consumer/customer has accepted the offer electronically, the entrepreneur receives an electronic confirmation that the order has been submitted. The entrepreneur will immediately, electronically confirm receipt of the order. The order and agreement is considered valid once the entrepreneur has received the order, regardless if the customer receives or reads the electronic confirmation of receipt of the order. If necessary, the entrepreneur proves the date of agreement with the date the order was submitted.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer/customer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform whether the consumer/customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote contract. 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 send the following information with the product or service to the consumer/customer, in writing or in such a way that it can be stored by the consumer/customer in an accessible manner on a durable medium:
a. the visiting address of the establishment of the entrepreneur where the consumer/customer can go with complaints;
b. the conditions under which and the manner in which the consumer/customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information on existing after-sales service and guarantees, can be found on the webpage Delivery on our website;
d. the price including all taxes on the product or service; to the extent that
apply the costs of delivery; and the method of payment, delivery or execution of the
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur has undertaken to supply a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6 Right of withdrawal consumer/customer
1. The consumer/customer can terminate an agreement with regard to the purchase of a product during a reflection period of 5 days without giving any reason. The entrepreneur may ask the consumer/customer about the reason for withdrawal, but not oblige him to state his reason (s).
2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer/customer in advance, who is not the carrier, has received the product, or:
a. if the consumer/customer has ordered several 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, if he has clearly informed the consumer/customer about this prior to the ordering process, refuse an order for several products with a different delivery time.
b. for contracts for regular delivery of products during a certain period: the day on which the customer, or a third party designated by him, has received the first product.
Article 7 Obligations of the consumer/customer during the reflection period
1. During the reflection period, the consumer/customer will handle the product and packaging with care. He will only unpack or handle the product to the extent necessary to determine the characteristics, fit, and functioning of the product. The basic principle here is that the consumer/customer may only handle and inspect the product as he should in a shop.
2. The consumer/customer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
3. The consumer/customer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 Exercise of the right of withdrawal by the consumer/customer and costs thereof
1. If the consumer/customer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the return/exchange form or in another direct manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer/customer will return the product, or hand it over to (an authorized representative of) the entrepreneur. The consumer/customer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer/customer returns the product with all accessories supplied, if reasonably possible in the original wrapping and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer/customer bears the direct costs of returning the product. Only if the entrepreneur indicates to bear the costs himself, the consumer/customer does not have to bear the costs for return.
Article 9 Obligations of the entrepreneur in case of withdrawal from the consumer
1. If the entrepreneur makes the notification of withdrawal by the consumer/customer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
2. The entrepreneur reimburses all payments from the consumer, including the initial delivery costs charged by the entrepreneur for the product shipped to the consumer, without delay, but within 14 days following the day on which the consumer/customer reports the withdrawal.
3. The entrepreneur uses the same payment method that the consumer/customer has used for initial payment, unless the consumer/customer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer/customer 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 entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Products manufactured according to specifications of the consumer/customer or customer (made to measure or made for retailer), which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer/customer, or which are clearly for a specific person or specific company.
2. Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
Article 11 Cancellation of order by the customer and costs thereof
1. When the customer cancels an order, he must pay the costs incurred with regard to the work performed up to that time. These are the costs of purchasing the material, the costs of sending the material to the workshop and the costs of labor and handling. The cancellation costs are at least 30% of the order amount, excluding VAT.
2. The entrepreneur is authorized to cancel the order if circumstances arise that are of such a nature that fulfillment of the delivery is impossible or if other circumstances arise that are of such a nature that unaltered maintenance of the order cannot reasonably be required.
3. If the order is canceled by the entrepreneur due to an attributable shortcoming in the fulfillment of the order by the customer, the customer must pay the costs incurred with regard to the work performed until then.
4 If the customer does not fulfill his obligations ensuing from the agreement and this non-compliance justifies cancellation of the order, the entrepreneur is entitled to dissolve the order immediately and with immediate effect without any obligation on his part to pay any compensation or compensation, while the customer , is obliged to pay compensation or compensation on account of default.
Article 12 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 as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can 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 link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a) they are the result of statutory regulations or stipulations; or
b) the consumer/customer has the authority to terminate the contract on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services for customers with the Netherlands include VAT.
The prices stated in the offer of products or services for customers outside the Netherlands exclude VAT.
The prices stated in the offer of products or services for consumers within the EU include VAT.
The prices stated in the offer of products or services for consumers outside the EU exclude VAT.
Article 13 Compliance and Warranty
1. 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 statutory requirements existing on the date of the conclusion of the agreement, provisions and / or government regulations.
2. An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer/customer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the entrepreneur's obligations under the law and / or the remote contract.
Article 14 Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer/customer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but within 120 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer/customer will be notified of this no later than one month after placing the order.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer/customer has paid as soon as possible, but no later than 30 days after dissolution.
5. If the manufacturing of an ordered product proves to be impossible, the entrepreneur can, in agreement with the customer, endeavor to make a replacement article available. Upon delivery, it will be stated in a clear and comprehensible manner that the agreed upon replacement item is being delivered. Right of withdrawal for replacement items cannot be excluded. The costs of return shipment for a replacement article are the responsibility of the costumer/consumer.
6. The risk of damage and / or loss of products rests with the delivery party until the moment of delivery to the consumer/customer or a pre-designated and representative announced to the entrepreneur, unless expressly agreed otherwise.
Article 15 Payment
1. When selling products to customers, general terms and conditions may stipulate an advance payment.
3. The consumer/customer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer/customer in advance.
Article 16 Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer/customer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the consumer/customer can expect a more detailed answer.
Article 17 Intellectual property
The consumer/customer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and / or with regard to the internet site rest with Peter Domenie, its suppliers or other entitled parties.
Article 18 Personal data
Article 19 Applicable law
All offers by Peter Domenie, its agreements and their implementation are exclusively governed by Dutch law. Applicability of the Vienna Sales Convention is expressly excluded.
Article 20 Links
Article 21 Your rights
You can always ask Peter Domenie what data is processed about you. You can send an e-mail for this ([email protected]). You can also ask Peter Domenie by email to make improvements, additions or other corrections. If you no longer appreciate receiving information, you can inform Peter Domenie. Information is only sent if you have provided your email address.
Article 22 Additional or different stipulations
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer/customer and must be recorded in writing or in such a way that they can be stored by the consumer/customer in an accessible manner on a durable data carrier.