General conditions

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

  • Cooling-off period: The period during which the consumer may exercise the right of withdrawal;

  • Consumer: A natural person who is not acting in the course of a professional or commercial activity and who enters into a distance contract with the entrepreneur;

  • Day: Calendar day;

  • Extended transaction: A distance contract relating to a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;

  • 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 information stored;

  • Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period;

  • Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers;

  • Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication until the conclusion of the contract;

  • Means of distance communication: Any means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same space;

  • General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Entrepreneur Identity

Address: Sint Eustatiusstraat 40, 5046 GC, Tilburg, North Brabant, The Netherlands
E-Mail: info@dupont-fashion.com

Contact form: Click here
Phone: +31616066583
Company name: Vendorra
Chamber of Commerce (KVK): 97496359
VAT number: NL005161747B75

Article 3 – Applicability

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

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated 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 to the consumer upon request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph, the text of these general terms and conditions may also be made available electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge 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 most favorable applicable provision in case of conflicting conditions.

If one or more provisions of these general terms and conditions are void or annulled, the contract and the remaining provisions will remain in force. The void provision will be replaced by a provision that comes as close as possible to the intent of the original provision, by mutual agreement.

Situations not regulated by these general terms and conditions must be assessed in the spirit of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of these general terms and conditions must also be interpreted in the spirit of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

Article 5 – Conclusion of the Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will 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 this as well.

The entrepreneur may, within the limits of the law, obtain information about the consumer’s ability to meet payment obligations, as well as all facts and factors relevant for responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has sound reasons not to enter into the contract, they are entitled to refuse an order or request or attach special conditions to execution.

The entrepreneur will provide the consumer, no later than upon delivery of the product or service, the following information in writing or in a manner that allows the consumer to store it on a durable medium:

  • The entrepreneur’s business address where complaints may be lodged;

  • The conditions under which, and the manner in which, the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

  • Information about guarantees and existing after-sales service;

  • The details referred to in Article 4(3), unless the entrepreneur has already provided these to the consumer before contract execution;

  • The requirements for terminating the contract if it has a duration of more than one year or is indefinite.

In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or termination of the contract.

Product images are a faithful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information in such a way that the consumer knows what rights and obligations are attached to accepting the offer. This includes, in particular:

  • The price, excluding import VAT and customs duties, which are the responsibility and risk of the customer. The postal or courier service will comply with specific import regulations in the destination EU country and collect VAT (possibly with customs fees) from the recipient;

  • Possible delivery costs;

  • The manner in which the contract will be concluded and the steps required;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and contract performance;

  • The period for accepting the offer or the period during which the entrepreneur guarantees the price;

  • The costs of distance communication if calculated on a basis other than the regular base rate;

  • Whether the contract will be archived after conclusion and, if so, how it can be consulted by the consumer;

  • The way in which the consumer, before concluding the contract, can check and correct information provided;

  • Any other languages in which, in addition to Dutch, the contract may be concluded;

  • The codes of conduct to which the entrepreneur is subject and how the consumer can consult them electronically;

  • The minimum duration of the distance contract in the case of an extended transaction;

  • Optional: available sizes, colors, and types of materials.

Every contract is concluded subject to sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract without giving reasons within 14 days. This cooling-off period starts the day after the consumer, or a third party designated by the consumer in advance and communicated to the entrepreneur, has received the product.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If exercising the right of withdrawal, the consumer will return the product to the entrepreneur with all supplied accessories, and – if reasonably possible – in the original condition and packaging, in accordance with the entrepreneur’s reasonable and clear instructions.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receipt of the product. This must be done via the withdrawal form template or another unambiguous statement. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove timely return, e.g., with proof of shipment.

If the deadlines in paragraphs 2 and 3 expire without the consumer notifying their intent to exercise the right of withdrawal or returning the product, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return costs are at the consumer’s expense.

If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. Refunds will be made using the same payment method as used by the consumer, unless otherwise agreed. The refund is free of charge for the consumer.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for the products described in paragraphs 2 and 3. Exclusion applies only if the entrepreneur clearly stated this in the offer, at least before conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

  • Made according to the consumer’s specifications;

  • Clearly personal in nature;

  • That cannot be returned due to their nature;

  • That are liable to deteriorate or expire quickly;

  • Whose price depends on financial market fluctuations beyond the entrepreneur’s control;

  • Newspapers and magazines (single issues);

  • Audio/video recordings or software if the consumer has broken the seal;

  • Hygienic products if the seal has been broken after delivery.

Article 9 – The Price

During the validity period stated in the offer, product/service prices will not be increased.

Notwithstanding the previous paragraph, the entrepreneur may offer variable prices for products/services if these depend on financial market fluctuations beyond the entrepreneur’s control. This dependency and the fact that target prices are offered will be stated in the offer.

Price increases within 3 months after conclusion of the contract are only permitted if based on legal provisions or regulations.

Price increases after 3 months are only permitted if stipulated by the entrepreneur and:

  • They result from legal provisions or regulations; or

  • The consumer may terminate the contract from the day the price increase takes effect.

Prices mentioned in product/service offers exclude VAT.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products/services comply with the contract, the specifications stated in the offer, reasonable requirements of usability and reliability, and legal provisions/regulations in force at the time of contract conclusion. If agreed, the entrepreneur also guarantees the product is suitable for use other than normal use.

Any additional guarantee provided by the entrepreneur, supplier, manufacturer, or importer never limits the consumer’s legal rights if the entrepreneur fails to fulfill contractual obligations.

An additional guarantee means any commitment by the entrepreneur, supplier, importer, or manufacturer granting the consumer rights or claims that exceed what they are legally obliged to provide if failing contractual obligations.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care in receiving and executing product orders and in assessing service requests.

The place of delivery is the address communicated by the consumer to the entrepreneur.

Subject to Article 4, the entrepreneur will execute accepted orders promptly, but no later than 30 days, unless another delivery period is agreed. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified no later than 30 days after ordering. In this case, the consumer has the right to terminate the contract free of charge and may be entitled to compensation.

Upon termination as described above, the entrepreneur will immediately refund any amount paid by the consumer.

The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a pre-designated representative, unless explicitly agreed otherwise.

Article 12 – Extended Transactions: Duration, Termination, and Renewal

Termination:

  • The consumer may terminate a contract of indefinite duration for regular product/service delivery at any time, subject to agreed termination rules and a maximum notice of one month.

  • The consumer may terminate a fixed-term contract for regular product/service delivery at the end of the fixed term, subject to agreed termination rules and a maximum notice of one month.

  • The consumer may terminate the contracts above:

    • At any time, without restriction to a specific time or period;

    • In the same way the contract was concluded;

    • With the same notice period that the entrepreneur has stipulated for themselves.

Renewal:

  • A fixed-term contract for regular product/service delivery may not be automatically extended or renewed for a fixed term.

  • By way of exception, a fixed-term contract for regular delivery of newspapers, weeklies, or periodicals may be automatically renewed for a maximum of 3 months, provided the consumer may terminate the extended contract with a notice of one month.

  • A fixed-term contract for regular delivery of products/services may only be renewed for an indefinite duration if the consumer may terminate at any time with one month’s notice, and three months’ notice if delivery is less frequent than once per month for newspapers, weeklies, and magazines.

  • A fixed-term contract for regular delivery of newspapers or periodicals for trial/introductory purposes (trial subscription) is not automatically extended and ends automatically after the trial period.

Duration:
If a contract has a duration of more than one year, the consumer may terminate after one year with a notice of one month, unless termination before the agreed end is unreasonable and unfair.

Article 13 – Payment

Unless otherwise stated in the contract or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period referred to in Article 6(1). In case of a service contract, this period begins after the consumer receives confirmation of the contract.

The consumer is obliged to report inaccuracies in payment details immediately to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur is entitled, within legal limits, to charge reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

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

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

Complaints submitted will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will acknowledge receipt within 14 days and indicate when the consumer can expect a more detailed response.

If the complaint cannot be resolved within a reasonable time or within three months, a dispute arises that is subject to dispute resolution procedures.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.