General Terms and Conditions
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
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Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
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Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
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Day: Calendar day.
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Continuous transaction: A distance contract related to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
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Durable medium: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
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Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
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Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
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Distance contract: An agreement whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusive use is made of one or more techniques for distance communication until the conclusion of the agreement.
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Means of distance communication: A means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously present in the same place.
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General Terms and Conditions: These General Terms and Conditions of wearstyl.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without giving reasons. During the cooling-off period, the consumer shall handle the product and its packaging with care.
If the consumer exercises their right of withdrawal, they shall return the product, including all accessories provided and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable instructions provided by wearstyl.
Article 3 – Applicability
These general terms and conditions apply to every offer from wearstyl and to every distance contract and order concluded between wearstyl and the consumer.
Before a distance contract is concluded, the text of these general terms and conditions shall 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 viewed at wearstyl's premises and that they will be provided free of charge to the consumer upon request as soon as possible.
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 electronically in such a way that it can be easily stored by the consumer on a durable medium.
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, electronically or otherwise, upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in the case of conflicting terms and conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or voided, the agreement and these terms and conditions shall otherwise remain in force, and the invalid provision shall be replaced by a valid provision that approximates the original intention as closely as possible.
Situations that are not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Any ambiguities about 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 validity period or is made under certain conditions, this shall be expressly stated in the offer. The offer is non-binding. wearstyl is entitled to modify and adjust the offer.
The offer includes a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to make a proper assessment of the offer.
If wearstyl uses images, these are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind wearstyl.
All images and specifications in the offer are indicative and cannot be a reason for compensation or termination of the agreement. wearstyl cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This particularly concerns:
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Any shipping costs.
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The manner in which the agreement will be established and the necessary steps to achieve this.
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Whether or not the right of withdrawal applies.
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The method of payment, delivery, and execution of the agreement.
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The period for acceptance of the offer, or the period within which wearstyl guarantees the price.
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The amount of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the used communication medium.
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Whether the agreement, after being concluded, will be archived and, if so, in what way it can be accessed by the consumer.
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The way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided by them in the context of the agreement.
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Any other languages in which, in addition to Dutch, the agreement can be concluded.
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The codes of conduct to which wearstyl has adhered and the way the consumer can consult these codes of conduct electronically.
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The minimum duration of the distance contract in the case of a continuous 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 set therein.
If the consumer has accepted the offer electronically, wearstyl shall promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by wearstyl, the consumer may dissolve the agreement.
If the agreement is concluded electronically, wearstyl shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, wearstyl shall take appropriate security measures.
wearstyl may, within legal frameworks, obtain information about whether the consumer can fulfill their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, wearstyl has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
wearstyl shall provide the consumer with the following information, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, along with the product or service:
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The address of wearstyl’s establishment where the consumer can file complaints.
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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.
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Information about warranties and existing after-sales services.
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The information included in Article 4 paragraph 3 of these conditions, unless wearstyl has already provided this information to the consumer before the execution of the agreement.
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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 continuous transaction, the previous paragraph applies only to the first delivery. Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the possibility to dissolve the agreement without giving any reason within 30 days. This cooling-off period starts on the day after the consumer or a previously designated representative who is not the carrier, receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product.
If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to wearstyl, in accordance with the reasonable and clear instructions provided by wearstyl.
If the consumer wishes to exercise their right of withdrawal, they are required to notify wearstyl within 30 days of receiving the product. This notification must be made via a written message or email.
After the consumer has made it known that they wish to exercise their right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If the consumer has not made it known within the terms referred to in paragraphs 2 and 3 that they wish to exercise their right of withdrawal and/or has not returned the product to wearstyl, the purchase is a fact.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products are borne by the consumer.
If the consumer has made a payment, wearstyl shall refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is provided that the product has already been received by wearstyl or that conclusive proof of complete return can be provided.
Article 8 – Exclusion of Right of Withdrawal
wearstyl may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if wearstyl has clearly stated this in the offer, or at least prior to concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
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That have been created by wearstyl according to the consumer's specifications.
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That are clearly of a personal nature.
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That, by their nature, cannot be returned.
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That can spoil or age rapidly.
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Whose price is dependent on fluctuations in the financial market over which wearstyl has no influence.
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For single issues of newspapers and magazines.
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For media and video recordings and computer software where the consumer has broken the seal.
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For hygienic products where the consumer has broken the seal.
Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, wearstyl may offer products or services whose prices are subject to fluctuations in the financial market and over which wearstyl has no influence, at variable prices. This dependency on fluctuations and the fact that any prices listed are indicative prices shall be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only allowed if wearstyl has stipulated this and:
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They are the result of statutory regulations or provisions.
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The consumer has the right to terminate the agreement from the day on which the price increase takes effect.
All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, wearstyl is not obligated to deliver the product at the erroneous price.
Article 10 – Conformity and Warranty
wearstyl guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in force on the date of the conclusion of the agreement.
If agreed, wearstyl also guarantees that the product is suitable for other than normal use.
Any warranty provided by wearstyl, the manufacturer, or the importer does not affect the legal rights and claims the consumer may assert against wearstyl under the agreement.
Any defects or incorrectly delivered products must be reported to wearstyl in writing within 30 days of delivery. The return of products must be carried out in the original packaging and in new condition.
The warranty period provided by wearstyl corresponds to the manufacturer's warranty period. However, wearstyl is never responsible for the ultimate 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:
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The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties.
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The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or treated contrary to the instructions of wearstyl and/or as stated on the packaging.
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The defect is wholly or partially the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.
Article 11 – Delivery and Execution
wearstyl shall exercise the utmost care when receiving and executing orders for products.
With due observance of what is stated in Article 4 of these general terms and conditions, wearstyl shall execute accepted orders with reasonable speed but no later than 30 days, unless the consumer has agreed to a longer delivery period.
If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In the event of dissolution according to the previous paragraph, wearstyl shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of a product proves impossible, wearstyl shall make an effort to provide a replacement product. At the latest, at the time of delivery, it shall be clearly and comprehensibly communicated that a replacement item is being delivered.
For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of wearstyl.
The risk of damage and/or loss of products rests with wearstyl until the moment of delivery to the consumer or a previously designated and known representative of wearstyl, unless expressly agreed otherwise.
Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal
Termination
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The consumer may terminate an agreement that has been entered into for an indefinite period and which includes the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
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The consumer may terminate an agreement that has been entered into for a fixed period and which includes the regular delivery of products (including electricity) or services, at any time at the end of the fixed duration, with due observance of the agreed termination rules and a notice period of no more than one month.
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The consumer may terminate the agreements mentioned in the previous paragraphs:
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At any time and shall not be restricted to termination at a specific time or within a specific period.
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At least in the same manner as they were entered into by the consumer.
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Always with the same notice period as wearstyl has stipulated for themselves.
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Renewal
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A fixed-term agreement that includes the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
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Contrary to the previous paragraph, a fixed-term agreement that includes the regular delivery of daily newspapers, news, and weekly magazines may be tacitly renewed for a fixed period of no more than three months if the consumer can terminate the extended agreement at the end of the renewal with a notice period of no more than one month.
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A fixed-term agreement that includes the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, or a maximum of three months if the agreement involves the regular, but less than once per month, delivery of daily newspapers, news, and weekly magazines.
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A limited-term agreement for the regular delivery of daily newspapers, news, and weekly magazines for introductory or trial purposes (trial or introductory subscription) shall not be tacitly renewed and will end automatically after the trial or introductory period.
Duration
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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 reasonableness and fairness dictate otherwise, preventing termination before the end of the agreed duration.
Article 13 – Payment
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Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the commencement of the cooling-off period as referred to in Article 6 paragraph 1.
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In the case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
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The consumer is obligated to promptly report any inaccuracies in the payment details provided or mentioned to wearstyl.
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In case of non-payment by the consumer, wearstyl, subject to legal restrictions, has the right to charge the consumer any reasonable costs previously communicated to them.
Article 14 – Complaints Procedure
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Complaints about the execution of the agreement must be submitted to wearstyl fully and clearly described within seven days after the consumer has discovered the defects.
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Complaints submitted to wearstyl will be responded to within 14 days from the date of receipt.
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If a complaint requires a foreseeable longer processing time, wearstyl shall reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
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If a complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
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A complaint does not suspend wearstyl’s obligations unless wearstyl indicates otherwise in writing.
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If a complaint is found to be justified by wearstyl, wearstyl will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
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Only Dutch law applies to agreements between wearstyl and the consumer to which these general terms and conditions apply.
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This also applies if the consumer resides abroad.
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