General Terms and Conditions

General Terms and Conditions

 

Article 1 – Identity of the entrepreneur
PMC boutique.  Address: Beekstraat 1A, 7311 LD Apeldoorn. Email: pmcboutique@hotmail.com
VAT number: NL864856957B01. Chamber of Commerce number 89030389

Article 2 – Definitions
In these conditions, the following definitions apply:

1. Entrepreneur: the natural or legal person

2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

3. Remote communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur being physically present together, such as (but not limited to) by fax, telephone, and internet;

4. Distance contract: a contract in which, within the framework of a system organised by the seller or service provider (entrepreneur) for the remote sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more remote communication techniques;

5. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;

6. Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

7. Day: calendar day;

8. Continuous transaction: a distance contract relating to a number of products and/or services, where the delivery and/or purchase obligation is spread over a longer period;

9. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information. This information is used exclusively when processing orders to ensure proper handling.

Article 3 - Applicability

1. These general terms and conditions apply to every distance contract concluded between the entrepreneur and the consumer and to every offer made by the entrepreneur.

2. Before the distance contract is concluded, the entrepreneur will make the text of these general terms and conditions available to the consumer via the website. If it is not possible to make the general terms and conditions available in advance, the entrepreneur will, before the distance contract is concluded, indicate that the consumer can inspect the general terms and conditions and that they will be sent free of charge as soon as possible at the consumer's request. The text of these general terms and conditions can also be made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable data carrier. If this is not possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or in another way at the consumer's request.

 

 

3. If, in addition to these general terms and conditions, specific product or service conditions also apply, the second paragraph applies mutatis mutandis, and the consumer can always invoke the most favorable applicable provision if there are conflicting (general) terms and conditions.

Article 4 - The agreement

1. The agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein, with due observance of the provisions in paragraph 6 of this article.

2. The entrepreneur will immediately confirm receipt of the acceptance of the offer electronically if the consumer has accepted the offer electronically. Until the moment that receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

3. The entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data if the consumer has accepted the offer electronically. The entrepreneur will take appropriate security measures if the consumer can pay electronically. In this context, the entrepreneur will ensure a secure website environment.

4. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints; b. the conditions for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period; c. the data included in article 5 paragraph 3, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; d. information about guarantees and after-sales service; e. 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;

The right of withdrawal referred to in this article expires, among other things, when:

1       The item has been worn/washed (of course, items may be tried on).

2       The item is damaged by the consumer and/or the consumer has attempted to repair the damage/defect.

3       Items with (make-up) stains or strong odors will not be accepted.

4       The labels and/or accessories have been removed or are missing.

5       It concerns a Sale item.

5. The provision in paragraph 4 only applies to the first delivery if the entrepreneur has committed to delivering a series of products or services;

6. The entrepreneur can (naturally within the limits of the law) inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.

Article 5 - The offer

1. The entrepreneur will explicitly state if an offer has a limited validity period or is subject to conditions.

2. The offer contains a complete, accurate and detailed description of the products and/or services offered, so that the consumer can properly assess the product/service. If images are used in the offer, these must be true representations of the products and/or services offered. Obvious mistakes or errors in the offer, where it can be immediately clear to a consumer that there is a mistake or error, are not binding on the entrepreneur.

3. When making an offer, the entrepreneur must clearly state the rights and obligations of a consumer if the offer is accepted. Important in this regard are: - price including taxes; - delivery costs, if applicable; - the manner in which the agreement will be concluded and how the consumer can bring it about; - the method of delivery, payment, or performance of the agreement; - how the consumer can become aware of unintended actions before concluding the agreement, as well as how they can rectify these before the agreement is concluded; - any languages in which the agreement can be concluded, in addition to Dutch; - the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and - the minimum duration of the distance contract in the case of an agreement that involves continuous or periodic delivery of products or services. - whether or not the right of withdrawal applies; - if the agreement is archived after conclusion, how the consumer can consult it; - the amount of the remote communication tariff if the costs of using the remote communication technique are calculated on a basis other than the basic tariff; - the term for accepting the offer, or the period for honoring the price;

Article 6 - The price

1. All prices of offered products or services include VAT. The offer may not contain any hidden extra costs such as taxes (VAT), packaging, or shipping costs. If these costs apply, they must be clearly stated in the offer.

Article 7 – Payment

1. The amounts owed by the consumer must be paid prior to delivery of the goods.

2. In case of non-payment or default by the consumer, the entrepreneur may, unless legally restricted, charge reasonably incurred costs to the consumer, provided that this has been communicated to the consumer in advance.

3. Any inaccuracies in the payment details provided or stated must be communicated to the entrepreneur by the consumer immediately.

4. In general terms and conditions, a down payment of more than 50% may never be stipulated for the sale of products to consumers. A down payment of more than 50% may be agreed upon. If a down payment has been stipulated, the consumer cannot assert any rights regarding the performance of the relevant order or service until the agreed down payment has been made.

Article 8 - Right of withdrawal upon delivery of products

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days, starting from the day of receipt of the product by or on behalf of the consumer. 

2. If the consumer wishes to exercise the right of withdrawal, they should only unpack the product to the extent necessary to assess whether the consumer wishes to keep the product. During this period, the consumer will handle the product and packaging with care. The consumer will return the product with all supplied accessories and, as far as possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 9 - Right of withdrawal for service delivery

1. Not applicable.

Article 10 - Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, the maximum cost of return will be borne by the consumer.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after return or withdrawal.

Article 11 - Exclusion of the right of withdrawal

1. The right of withdrawal can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer and in a timely manner before the conclusion of the agreement.

2. The exclusion of the right of withdrawal is only possible for products: a) that can spoil or age quickly; b) that cannot be returned due to their nature; c) for audio and video recordings and computer software of which the consumer has broken the seal. d) for loose newspapers and magazines; e) that have been produced by the entrepreneur according to the consumer's specifications; f) whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; g) that are clearly personal in nature;

3. Exclusion of the right of withdrawal for services is possible: c) for bets and lotteries. b) for services whose performance has begun with the express consent of the consumer before the cooling-off period has expired; c) pertaining to transport, accommodation, catering or leisure activities to be performed on a specific date or during a specific period;

Article 12 - Continuous transactions not applicable.

Article 13 - Delivery and execution

1. When receiving and executing orders for products, as well as when assessing requests for the provision of services, the entrepreneur will exercise the greatest possible care. 

2. The entrepreneur acknowledges electronic communication and will not deny its validity or legal effect solely on the grounds that the communication is electronic.

3. If delivery of an ordered product proves to be permanently impossible, the entrepreneur will endeavor to make a comparable substitute item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a substitute item is being delivered. For substitute items, the right of withdrawal cannot be excluded and the consumer is free to dissolve the agreement, with the costs of any return shipment being borne by the entrepreneur.

4. Unless expressly agreed otherwise, the risk of loss and/or damage to products until the moment of delivery to the consumer rests with the entrepreneur.

5. The address communicated by the consumer to the entrepreneur shall be considered the place of delivery. 5. The entrepreneur will execute accepted orders promptly, but no later than within 30 days, unless a longer delivery period has been agreed upon, taking into account the provisions of Article 5. If there is a delay in delivery, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than one month after placing the order. In such a case, a consumer has the right to dissolve the agreement without costs and a right to any compensation.

6. In case of dissolution on the grounds of the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

Article 14 – Warranty 

A scheme offered as a guarantee by the entrepreneur, manufacturer, or importer cannot limit or set aside the rights and claims that the consumer has with regard to a shortcoming in the fulfillment of the entrepreneur's obligations towards the consumer on the basis of the law and/or the distance contract.

Article 15 –Conformity 

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of usability and/or reliability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.

3. The entrepreneur will handle and respond to submitted complaints as soon as possible, but in any case within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

Article 17 - Additional or differing provisions

Additional provisions or provisions deviating 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.

Article 18 - Amendment of the general terms and conditions 

PMC boutique has the right to revise and amend these general terms and conditions from time to time. The consumer is bound by the policy and general terms and conditions in force at the time the products are ordered, unless a change to this policy is required by law or governmental authority, in which case the change will also apply to orders previously placed by the consumer.

Article 19 – Applicable Law

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.