TERMS AND CONDITIONS
1 – Identity of the entrepreneur
E-mail address: firstname.lastname@example.org
Phone number: +31 6 15 43 77 80
Chamber of Commerce number: 64238423
VAT identification number: NL002267314B40
2 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly 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 enable a good 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 errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:
- the price including taxes;
- the possible 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 amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication 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 the data provided by him in the context of the agreement and, if desired, restore it;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a long-term transaction.
3 – The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
- The entrepreneur can - 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 contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
4 – Right of withdrawal
- When delivering products:
- When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. With the exception of discounted items, sunglasses, jewelry and the conditions of returns as stated below.
- The items must be unused, undamaged and unwashed. The items must not contain any signs of wear, such as sweat, smoke, perfume or cooking odors. The items must be neatly in the original (undamaged) packaging with all tags still attached. Items that contain make-up or deodorant stains after fitting will not be accepted for return. Jewelry, sunglasses and discounted items may not be returned. If the product does not meet the above conditions, empathicstyle.com has the right to refuse the return and the product will be returned.
- During the cooling-off 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 the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The consumer is legally obliged to take care of the items until empathicstyle.com has received the items back. empathicstyle.com cannot be held liable for a damaged or lost shipment.
- If the agreement is terminated, the consumer is obliged to return the products in question within 14 days of receipt.
- When providing services:
- When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
- To exercise his 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.
5 – Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
- If the consumer has paid an amount, the entrepreneur will refund the purchase price of the item in question as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.
6 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal to the extent provided 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 time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. which have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
7 – The price
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.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
8 – 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 existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- Product and/or delivery errors must be reported to the entrepreneur within 24 hours of delivery with a description. The product must be unused and in new condition except for the defect.
- No warranty claim can be made as a result of normal wear and tear, incorrect washing, damage, loosening of decorative decorations, fall and/or impact damage, intent and/or negligence.
9 – Delivery and execution
- The entrepreneur will exercise the utmost 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 provided to the company.
- Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 14 days, unless a longer 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 14 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
- 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.
10 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period 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 confirmation of the agreement.
- When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
- The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
11 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 24 hours of receipt, after the consumer has discovered the defects.
- Product and/or delivery errors must be reported to the entrepreneur within 24 hours of delivery with a description.
- Complaints submitted to the entrepreneur will be answered within a period of 7 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 7 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
12 – Additional or deviating provisions
Additional or deviating provisions 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.