Terms & Conditions
TABLE OF CONTENTS:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of revocation
Article 7 – Costs in the event of revocation
Article 8 – Exclusion of the right of revocation
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Continuing performance transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating stipulations
ARTICLE 1. DEFINITIONS
The following terms in these terms and conditions are understood to mean:
- Reconsideration period: the period of time within which the consumer may exercise his/her right of revocation;
- Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance selling agreement with the entrepreneur;
- Day: calendar day;
- Continuing performance transaction: a distance selling agreement with respect to a series of products and/or services, the delivery- and/or purchase-obligation of which is spread out in time;
- Permanent data carrier: any means that enables the consumer or the entrepreneur to store information that is addressed to him/her personally in a manner that renders future reference and the unaltered reproduction of the stored information possible.
- Right of revocation: the option on the part of the consumer to abandon the distance selling agreement within the reconsideration period;
- Entrepreneur: the natural or legal person who offers products and/or service to consumers at a distance;
- Distance selling agreement: an agreement in which within the framework of a system that is organised by the entrepreneur for the purpose of the distance selling of products and/or services, up to and including the conclusion of the agreement, use is only made of one or more technologies for distance communication;
- Technology for distance communication: means that can be used for concluding an agreement, without the consumer and the entrepreneur having to be present in the same accommodation at the same time.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Sensus S.A. trading under the name of Otentic Perfumes
Correspondence address: Route de Bastogne 19, L-9738 Pommerloch, Luxembourg
Visiting address: Route de Bastogne 19, L-9738 Pommerloch, Luxembourg
Telephone number: + (352) 126.96.36.199
E-mail address: firstname.lastname@example.org
CoC number: B184.684
VAT identification number: LU26792232
If the activity of the entrepreneur is subject to a relevant licensing system: the data concerning the supervisory authority:
If the entrepreneur exercises a regulated profession:
- the professional association or organisation to which he/she is affiliated;
- the professional title, the city or town in the EU or the European Economic Area where it was granted;
- a reference to the professional rules that apply in the Netherlands and instructions with respect to where and how these professional rules can be accessed.
ARTICLE 3 – APPLICABILITY
- These general terms and conditions apply to every offer on the part of the entrepreneur and to every distance selling agreement between the entrepreneur and the consumer that comes about.
- The text of these general terms and conditions is to be made available to the consumer prior to concluding the distance selling agreement. Should this not be reasonably possible, then it will be indicated prior to concluding the distance selling agreement that the general terms and conditions are available for inspection at the entrepreneur and that these will be sent to the consumer as soon as possible and free of charge upon request.
- In the event that the distance selling agreement is concluded electronically, then the text of these general terms and conditions, contrary to that stated in the previous section and prior to concluding the distance selling agreement, can be made available to the consumer electronically in such a way that these can be easily stored by the consumer on a permanent data carrier. Should this not be reasonably possible, then it will be indicated prior to concluding the distance selling agreement where the general terms and conditions can be examined by electronic means and that these will be sent to the consumer by electronic means or in some other way free of charge upon request.
- In the event that specific product- or service conditions apply in addition to these general terms and conditions, then the second and third section will apply by analogy and the consumer can always rely on the most advantageous provision in the event of contradictory general terms and conditions.
ARTICLE 4. THE OFFER
- If an offer has a limited term of validity or is subject to certain conditions, then this will be explicitly indicated in the offer.
- The offer includes a full and accurate description of the products and/or services offered. The description is detailed enough to allow for an adequate assessment of the offer on the part of the consumer. If the entrepreneur makes use of illustrations, then these are a truthful representation of the products and/or services offered. The entrepreneur is not bound by obvious mistakes or obvious errors in the offer.
- Each offer contains information such that the consumer is clearly aware of the rights and obligations that will apply upon accepting the offer. This particularly concerns:
- the price, including taxes;
- the costs of delivery, if any;
- the manner in which the agreement will be concluded and which actions are required to that end;
- whether or not the right of revocation applies; o the method of payment, delivery and execution of the agreement;
- the term within which the offer can be accepted, or the term within which the entrepreneur guarantees the specified price;
- how high the rate is that is charged for distance communication if the costs of the use of the technology for distance communication is calculated on a basis other than the normal basic rate for the means of communication used;
- whether or not the agreement is to be archived following its realisation, and if so, the manner in which the consumer can refer to the agreement;
- the manner in which the consumer, prior to concluding the agreement, can inspect and, if desired, correct the data that he/she has provided within the framework of the agreement;
- the other languages besides the Dutch language in which the agreement can be concluded, if applicable;
- the codes of conduct to which the entrepreneur has submitted himself and the manner in which the consumer can refer to these codes of conduct via electronic means; and
- the minimum duration of the distance selling agreement in the event of a continuing performance transaction.
ARTICLE 5 – THE AGREEMENT
- The agreement, subject to that stipulated in section 4, is to come about once the consumer has accepted the offer and has complied with the terms and conditions that apply.
- If the consumer has accepted the offer via electronic means, then the entrepreneur is to immediately confirm the receipt of the acceptance of the offer via electronic means. The consumer can dissolve the agreement so long as the entrepreneur has not yet confirmed the receipt of this acceptance.
- If the agreement is concluded electronically, then the entrepreneur will take appropriate technical and organisational measures further to the security of the electronic transfer of data and will ensure a secure web environment. The entrepreneur will observe appropriate security measures to that end, if the consumer has the option to make payments via electronic means.
- The entrepreneur can enquire after the ability of the consumer to meet the payment obligations – such within the sphere of the law – as well as after all of the facts and factors that are relevant if one is to responsibly enter into a distance selling agreement. If the entrepreneur has sound reasons on the basis of this investigation not to enter into the agreement, then the entrepreneur, supported by reasons, has the right to refuse an order or a request or to attach specific conditions to the execution.
- Upon supplying the product or providing a service to the consumer, the entrepreneur will include the following information, either in writing or in such a way that the information can be stored by the consumer in an accessible manner on a permanent data carrier: a. the visiting address of the branch of the entrepreneur that the consumer can contact in the event of complaints; b. the terms and conditions subject to which and the manner in which the consumer can exercise the right of revocation, or it must be expressly stated that any right of revocation is excluded; c. the information concerning guarantees and the available after-sales service; d. the information included in article 4, section 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to implementing the agreement; e. the requirements pertaining to the cancellation of the agreement if the duration of the agreement exceeds one year or applies for an indefinite period.
- The provision in the previous section only applies to the first delivery in the case of a continuing performance transaction.
ARTICLE 6 – RIGHT OF REVOCATION
Concerning the delivery of products:
- The consumer has the option further to the purchase of products to dissolve the agreement within a period of 14 days without having to state the reasons. This reconsideration period will commence on the day following the day upon which the product is received by the consumer or by a representative as appointed by the consumer and made known to the entrepreneur in advance.
- The consumer will handle the product and the packaging with due care during the reconsideration period. The consumer will only remove the packaging or use the product insofar as necessary in order to assess whether he/she wishes to keep the product. If the consumer wishes to exercise the right of revocation, then he/she will return the product to the entrepreneur with all of the accessories and – if reasonably possible – in its original state and packaging, such in accordance with the reasonable and clear instructions as provided by the entrepreneur.
Concerning the provision of services:
- The consumer has the option further to the provision of services to dissolve the agreement within a period of 14 days, starting on the day upon which the agreement is concluded, without having to state the reasons.
- Upon exercising the right of revocation, the consumer will observe the reasonable and clear instructions as provided by the entrepreneur to that end at the time of the offer and/or not later than upon delivery.
ARTICLE 7 – COSTS IN THE EVENT OF REVOCATION
- If the consumer opts to exercise the right of revocation, then he/she will at most be charged the costs of the return shipment.
- If the consumer has already made a payment, then the entrepreneur will pay this amount back as soon as possible, yet not later than within 30 days after the return shipment or revocation.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF REVOCATION
- The entrepreneur can exclude the right of revocation on the part of the consumer insofar as provided for in sections 2 and 3. The exclusion of the right of revocation only applies if the entrepreneur has explicitly stated the exclusion in the offer, or in any case, well in advance of concluding the agreement.
- The exclusion of the right of revocation is only possible for products:
- that have been realised by the entrepreneur in accordance with the specifications of the consumer;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can quickly perish or become obsolete;
- of which the price is subject to fluctuations on the financial market that the entrepreneur has no influence on;
- for individual newspapers and magazines;
- for audio- and video-recordings and computer software of which the consumer has broken the seal.
- The exclusion of the right of revocation is only possible for services:
- concerning accommodation, transportation, restaurant services or leisure time on a certain date or during a certain period;
- the provision of which commenced with the explicit approval of the consumer prior to the expiry of the reconsideration period;
- concerning bets and lotteries.
ARTICLE 9 – THE PRICE
- The prices of the products and/or services offered will not be increased during the term of validity as specified in the offer, with the exception of price changes further to changes in VAT-rates.
- Contrary to that stated in the previous section, the entrepreneur may observe variable prices for products or services of which the prices are subject to fluctuations on the financial market that the entrepreneur has no influence on. These ties to fluctuations and the fact that the prices specified concern guide prices are to be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if these are a consequence of statutory regulations or provisions.
- Price increases as from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated these and:
- these are a consequence of statutory regulations or provisions; or
- the consumer is authorised to cancel the agreement as of the day upon which the price increase applies.
- The prices specified in the offer regarding products or services are inclusive of VAT.
ARTICLE 10 – CONFORMITY AND GUARANTEE
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory regulations and/or government regulations that apply on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal.
- Any guarantee that is provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may exercise towards the entrepreneur on the basis of the agreement.
ARTICLE 11 – DELIVERY AND EXECUTION
- The entrepreneur will observe the utmost care upon receiving and upon carrying out orders for products and upon assessing requests for the provision of services.
- The address that the consumer has provided to the company will be considered the address of delivery.
- Taking into account that which is stated in this regard in article 4 of these general terms and conditions, the company will fill accepted orders with due speed yet not later than within 30 days, unless a longer term of delivery has been agreed upon. If the delivery is delayed, or of a delivery cannot be made, or only partially, then the consumer will be notified accordingly not later than 30 days after having placed the order. The consumer will in that case have the right to dissolve the agreement free of charge and without any right to compensation for damages.
- In the event of the dissolution of the agreement in accordance with the previous section, the entrepreneur will reimburse the amount paid by the consumer as soon as possible yet not later than 30 days after the dissolution.
- In the event that the delivery of an ordered product is found to be impossible, the entrepreneur will make efforts to make a substitute article available. The delivery of a substitute article will be communicated clearly and comprehensively not later than at the time of delivery. The right of revocation cannot be excluded with respect to substitute articles. The costs of a return shipment, if applicable, are at the expense of the entrepreneur.
- The risk of damages to and/or the loss of products lies with the entrepreneur up until the time of delivery to the consumer or to a representative that has been appointed by the consumer and made known to the entrepreneur in advance, unless explicitly otherwise agreed upon.
ARTICLE 12 – CONTINUING PERFORMANCE TRANSACTIONS: DURATION, CANCELLATION AND EXTENSION
- The consumer has the right to cancel an agreement that has been concluded for an indefinite period and that concerns regular deliveries of products (including electricity) or services, at any time, taking into account the cancellation regulations and a term of notice of at least one month.
- The consumer has the right to cancel an agreement that has been concluded for a definite period and that concerns regular deliveries of products (including electricity) or services, at any time before the end of the definitive period, taking into account the cancellation regulations agreed upon to that end and a term of notice of at least one month.
- With respect to the agreements described in the previous sections, the consumer may: – cancel the agreement at any time and cannot be limited to cancellation at any certain time or during any certain period;
– at least cancel these agreements in the same way as these agreements were concluded;
– at all times cancel these subject to the same term of notice that the entrepreneur has stipulated for himself;
- An agreement that has been concluded for a definitive period and that concerns the regular delivery of products (including electricity) or services, cannot be tacitly extended or renewed for a definitive period.
- Contrary to the previous section, an agreement that has been concluded for a definitive period and that concerns the regular delivery of newspapers, newsletters, journals and magazines may be tacitly renewed for a definitive period of a maximum of three months, if the consumer can cancel this renewed agreement before the end of the extension subject to a term of notice of no more than one month.
- An agreement that has been concluded for a definitive period and that concerns the regular delivery of products or services can only be tacitly renewed for an indefinite period if the consumer has the right to cancel the agreement at any time subject to a term of notice of no more than one month and a term of notice of no more than three months in the event that the agreement concerns the regular, yet with a frequency of less than once per month, delivery of newspapers, newsletters, journals and magazines.
- An agreement for a limited period concerning the regular delivery of newspapers, newsletters, journals and magazines for introductory purposes (trial- or introductory subscription) will not be tacitly renewed and will end automatically once the trial period or introductory period has ended.
- If the term of an agreement exceeds one year, then the consumer may cancel the agreement at any time after a period of one year, taking into account a term of notice of one month at most, unless the requirements of reasonableness and fairness dictate otherwise with respect to a cancellation prior to the end of the duration as agreed upon.
ARTICLE 13 – PAYMENT
- Insofar as not otherwise agreed upon, any amounts owed by the consumer are to be paid within 14 days after the reconsideration period as referred to in article 6, section 1, has commenced. This term will commence after the consumer has received a confirmation of the agreement in the case of an agreement further to the provision of a service.
- With respect to the sales of products to consumers, the general terms and conditions may not under any circumstances stipulate an advance payment of more than 50%. If advance payments have been stipulated, then the consumer cannot exercise any right further to the execution of the order or service(s) concerned until the advance payment as stipulated has been made.
- The consumer is under the obligation to immediately inform the entrepreneur of any inaccuracies in the payment particulars provided or specified.
- The entrepreneur has the right in the event of failure to pay on the part of the consumer to charge the consumer the reasonable costs as made known to the consumer in advance, such subject to statutory limitations.
ARTICLE 14 – COMPLAINTS PROCEDURE
- The entrepreneur observes a complaints procedure that has been adequately communicated and will handle any complaint in accordance with this complaints procedure.
- Complaints regarding the implementation of the agreement are to be lodged with the entrepreneur in clear and comprehensive terms within due time as soon as the consumer has discovered the shortcomings.
- Any complaints lodged with the entrepreneur will be answered within a period of 14 days starting from the date of receipt. If it can be expected that a complaint will require a longer processing period, then the entrepreneur will send confirmation of receipt within the term of 14 days, along with an indication of when the consumer can expect a more comprehensive answer.
- If the complaint cannot be solved in mutual consultation, then this will result in a dispute that is susceptible to the arbitration rules.
ARTICLE 15 – DISPUTES
- All of the agreements between the consumer and the entrepreneur to which these general terms and conditions apply are subject to Dutch law alone.
ARTICLE 16 – ADDITIONAL OR DEVIATING STIPULATIONS
Any stipulations that deviate to or are supplementary to these general terms and conditions may not be to the disadvantage of the consumer and are to be laid down in writing or laid down in such a way that these can be stored by the consumer on a permanent data carrier in an easily accessible fashion.