General terms and conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection Period: the period during which the consumer can exercise their right of withdrawal;
Consumer: a natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous Performance Contract: a distance contract related to a series of products and/or services, with the delivery and/or purchase obligation spread over time;
Durable Data Carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future reference and unchanged reproduction of the stored information;
Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance Contract: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, using exclusively one or more means of distance communication up to the conclusion of the agreement;
Means of Distance Communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously present in the same space;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur
Business Name: Peeters horeca
Chamber of Commerce Number (KvK): 86452614
Trade Name: Trendora
VAT Number: 234577277B01

Customer Service Email: info@trendorafashion.com
Business Address: Pletterijstraat 75

Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.

Before a 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 stated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge upon request by the consumer.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier before the distance contract is concluded. If this is not reasonably possible, it will be stated where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request by the consumer.

If specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply, and the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting terms.

If one or more provisions of these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these terms will otherwise remain in effect, and the relevant provision will be replaced in mutual consultation with a provision that approximates the original intent as closely as possible.

Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of these 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 subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Images accompanying products are a truthful representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains sufficient information for the consumer to understand their rights and obligations associated with accepting the offer. This includes, in particular:

• The price, excluding customs fees and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services for imports in the EU destination country, as is the case here. The postal or courier service collects the VAT (possibly together with customs fees) from the recipient of the goods.
• Any shipping costs.
• The method by which the agreement will be concluded and the necessary actions for this.
• Whether or not the right of withdrawal applies.
• The method of payment, delivery, and execution of the agreement.
• The period for accepting the offer or the period within which the entrepreneur guarantees the price.
• The cost of distance communication if calculated differently than the standard base rate for the communication method used.
• Whether the agreement will be archived after its conclusion and, if so, how the consumer can access it.
• The way the consumer can verify and, if necessary, correct the data provided as part of the agreement before its conclusion.
• Any languages other than Dutch in which the agreement can be concluded.
• Codes of conduct to which the entrepreneur has adhered and how the consumer can consult these electronically.
• The minimum duration of a distance agreement in the case of a recurring transaction.
• Optional: available sizes, colors, types of materials.

   

Article 5 – The Agreement
The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set out in it.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the receipt of this acceptance, the consumer may cancel the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.
The entrepreneur may – within legal limits – verify whether the consumer can meet their payment obligations, as well as any facts and factors that are important for responsibly entering into the agreement remotely. If the entrepreneur has valid reasons based on this investigation not to conclude the agreement, they are entitled to refuse an order or request, or impose special conditions on its execution.
The entrepreneur shall provide the following information, either in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, with the product or service to the consumer:

• The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
• The conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
• Information about warranties and existing after-sales service;
• The information in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
• The requirements for terminating the agreement if the agreement lasts for more than one year or is of indefinite duration.
  In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
  Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to cancel the agreement without giving reasons within 14 days. This reflection period starts the day after the consumer receives the product or a representative, designated by the consumer and known to the entrepreneur.
During the reflection period, the consumer shall handle the product and its 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 must 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 required to notify the entrepreneur within 14 days after receiving the product. The notification should be made by means of a written message/email. After the consumer has communicated their intention to exercise the right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the delivered goods have been returned in time to the original place, for example, by means of proof of shipment.
If the consumer has not communicated their intention to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3, or if they have not returned the product to the entrepreneur, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products will be at the consumer's 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. The condition is that the product has already been received by the online store or conclusive evidence of the complete return can be provided.

Article 8 – Exclusion of the 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 time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

• that have been made by the entrepreneur according to the consumer’s specifications;
• that are clearly of a personal nature;
• that, by their nature, cannot be returned;
• that can spoil or age quickly;
• whose price is tied to fluctuations on the financial market which the entrepreneur cannot influence;
• for single newspapers and magazines;
• for audio and video recordings and computer software whose seal has been broken by the consumer;
• for hygienic products whose seal has been broken by the consumer.
  Exclusion of the right of withdrawal is only possible for services:
• concerning accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or within a specific period;
• for which the delivery has explicitly begun with the consumer's consent before the cooling-off period has expired;
• concerning betting and lotteries.

Article 9 – The Price
During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are tied to fluctuations in the financial market and which the entrepreneur cannot influence. This fluctuation and the fact that any mentioned prices are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

• they are the result of legal regulations or provisions; or
• the consumer has the right to terminate the agreement starting on the day the price increase takes effect.
  The place of delivery, according to Article 5, first paragraph, of the Dutch VAT Act 1968, is in the country where the transport begins. In this case, the delivery takes place outside the EU. Consequently, the post or courier service will collect import VAT and/or clearance charges from the recipient. Therefore, the entrepreneur will not charge VAT.
  All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

• Article 10 – Conformity and WarrantyThe 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 the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

• A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
  Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Returned products must be in their original packaging and in a new condition.
  The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur 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:

  • 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 otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
  • The defect is wholly or partially the result of government regulations regarding the nature or quality of the materials used.

   

• Article 11 – Delivery and Execution
  The entrepreneur will exercise the utmost care in receiving and executing orders for products.
  The delivery address is the address the consumer has communicated to the company.
  Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due 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 be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and may be entitled to compensation.
  In the event of termination in accordance with the previous paragraph, the entrepreneur will refund any amount paid by the consumer as soon as possible but no later than 14 days after termination.
  If the delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. The consumer will be informed clearly and comprehensibly that a replacement item is being delivered at the latest upon delivery. Replacement items do not exclude the right of withdrawal. 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 pre-designated representative notified to the entrepreneur unless expressly agreed otherwise.

  Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

  Termination
  The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
  The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
  The consumer may terminate the agreements referred to in the previous paragraphs:

  • At any time and not be limited to termination at a specific time or in a certain period;
  • At least in the same manner as they were entered into by the consumer;
  • Always with the same notice period that the entrepreneur has stipulated for themselves.

  Renewal
  An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
  In deviation from the previous paragraph, an agreement entered into for a fixed period and which provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
  An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month, or no more than three months in the case of agreements for 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 trial delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

  Duration
  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 prevent termination before the end of the agreed duration.

  Article 13 – Payment
  Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). 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.
  The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
  In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

  Article 14 – Complaints Procedure
  Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.
  Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment and an indication of when the consumer can expect a more detailed answer.
  If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
  If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

  Article 15 – Disputes
  Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.