General Terms and Conditions

Table of Contents:
Article 1 - Definitions 
Article 2 - Identity of the seller 
Article 3 - Applicability 
Article 4 - The offer
Article 5 - The contract 
Article 6 - Right of withdrawal 
Article 7 - Obligations of the customer during the withdrawal period 
Article 8 - Exercising the right of withdrawal and costs involved 
Article 9 - Obligations of the seller in case of withdrawal
Article 10 - Preclusion of right of withdrawal
Article 11 - The price 
Article 12 - Contract fulfilment and additional warranty
Article 13 - Delivery and execution
Article 14 - Extended duration transactions: duration, termination and prolongation 
Article 15 - Payment 
Article 16 - Complaints procedure 
Article 17 - Disputes 
Article 18 - Additional or deviating provisions

Article 1 - Definitions

The following definitions apply:

1. Supplementary agreement: An agreement whereby a customer obtains products, digital content and/or services via a distance contract, and the seller delivers these products, digital content and/or services or a third party delivers these products, digital content and/or services following an agreement between that third party and the seller;
2. Withdrawal period: The period during which a customer can make use of his right of withdrawal;
3. Customer: A natural person whose actions are not guided by his objectives relating to his trade, profession or business;
4. Day: Calendar day;
5. Digital content: Data that are produced and supplied in digital form;
6. Extended duration contract: An agreement whereby goods, services or digital content is supplied on a regular basis over a certain period of time;
7. Durable medium: Any means (including email) that enables a customer or seller to store information that is personally addressed to them in a way that facilitates future use or consultation during a period that is in line with the objective for which the information is intended, and that facilitates the unaltered reproduction of the information;
8. Right of withdrawal: The possibility for a customer to cancel a distance contract within the withdrawal period;
9. Seller: A natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to customers from a distance;
10. Distance contract: A contract concluded between a seller and a customer within the framework of an organized system for the distance sales of products, digital content and/or services whereby the communication technique(s) until the contract is concluded are (fully or partly) distance based.
11. Right of withdrawal model form: The European Union template form for the right of withdrawal that is included in Appendix I of these Terms and Conditions;
12. Technique for distance communication: A means of communication that facilitates concluding a contract without the customer and seller necessarily being in the same place at the same time.

Article 2 - Identity of the seller 

Parfumswinkel.nl B.V.

Office address:

Het Schakelplein 12
5651 GR Eindhoven
The Netherlands 

Telephone number:

The Netherlands: +31 85 401 11 18 
Belgium: +32 08 29 17
Europe: + 31 40 30 41 436

Telephone office hours: Monday through Friday 10 AM – 5 PM. 

Email address: 

[email protected]

Chamber of Commerce number: 

69044902

VAT identification number: 

NL.857703791.B01 

Article 3 - Applicability

1. These General Terms and Conditions apply to every offer made by the seller and to every distance contract between seller and customer.
2. Prior to the conclusion of a distance contract, the text of these General Terms and Conditions will be made available to the customer. If this is not reasonably possible, the seller will, before the distance contract is concluded, offer the opportunity to inspect these General Terms and Conditions at the premises of the seller, and will offer to send them free of charge to the customer, as quickly as possible, at the customer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the customer will be provided with the text of these General Terms and Conditions electronically, in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the seller will indicate where these General Terms and Conditions can be inspected electronically and that at his request will send them to the customer free of charge, either electronically or in an alternative way.
4. In cases where specific product or service-related terms and conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply by analogy, and the customer can always invoke the applicable condition that is most favorable to him in the event of incompatible provisions.

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to certain conditions, this will be explicitly mentioned in the offer.
2. An offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. If the seller makes use of illustrations, these will be a true representation of the products and/or services being offered. The seller is not bound by obvious errors or mistakes in the offer.
3. An offer contains information that makes it clear to the customer what rights and obligations stem from the acceptance of the offer.

Article 5 - The contract

1. Subject to paragraph 4, the contract is concluded when the customer accepts the offer and the conditions in the offer have been met.
2. If the customer accepts the offer electronically, the seller immediately confirms the acceptance of the offer electronically. The customer may dissolve the contract as long as this acceptance has not been confirmed by the seller.
3. If the contract is concluded electronically, the seller will take suitable technical and organizational measures to secure the electronic transfer of data, and will ensure a safe web environment. If the customer is offered electronic ways of paying, the seller will take appropriate security measures.
4. The seller may obtain information about the customer’s ability to fulfill his payment obligations, as well as facts and factors that are important for the responsible conclusion of the distance contract, within legal means. If this information gives proper ground for declining the contract, then he may reject an order or application stating his reasons, or attach special conditions.
5. The seller will send to a customer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the customer can store it on an accessible durable medium:

• The office address of the seller, where the customer can file complaints;
• The conditions under which the customer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to the exclusion from the right of withdrawal;
• Information on warranty and after-sales;
• The price, including all taxes on the product, service or digital content; the costs of delivery as applicable, and the method of payment, delivery or executing the distance contract;
• The requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
• If the customer has a right of withdrawal, the right of withdrawal model form.

6. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal 
For products

Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us:

Parfumswinkel.nl B.V.
Het Schakelplein 12
5651GR Eindhoven
The Netherlands

[email protected]
+31 40 30 41 436

of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired. Effects of cancellation If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Article 7 - Obligations of the customer during the withdrawal period

1. During the withdrawal period, the customer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the customer may only handle and inspect the product in the same way that he would be allowed in a shop.
2. The customer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in (1).
3. The customer is not liable for the product’s devaluation if the seller did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.

 Article 8 - Exercising the right of withdrawal and costs involved 

1. A customer who wants to exercise his right of withdrawal shall report this to the seller, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in (1), the customer shall return the product, or hand it over to (a representative of) the seller. This is not necessary if the seller has offered to collect the product himself. The customer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
3. The customer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the seller.
4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the customer.
5. You will have to bear the direct cost of returning the goods.
6. If the customer exercises his right of withdrawal, after first explicitly having asked that the service provided or the delivery of gas, water or electricity not prepared for sale shall be implemented in a limited volume or a given quantity during the period of withdrawal, the customer shall owe the seller a sum of money that is equivalent to that proportion of the contract that the seller has fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.
7. The customer shall bear no costs for implementing services or the supply of water, gas or electricity not prepared for sale – in a limited volume or quantity – or for delivering city central heating, if:

• The seller did not provide the customer with the statutorily obligatory information about the right of withdrawal, the costs payable in the event of withdrawal or the model form for right of withdrawal, or:
• The customer did not explicitly ask about the commencement of implementing the service or the delivery of gas, water, electricity or city central heating during the period of withdrawal.
• Prior to delivery, he did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal;
• He did not acknowledge having lost his right of withdrawal upon granting his permission; or
• The seller neglected to confirm this statement made by the customer.

9. The customer shall bear no costs for the entire or partial supply of digital content that is not supplied on a physical medium, if:
10. If a customer exercises his right of withdrawal, all supplementary agreements are legally dissolved.

Article 9 - Obligations of the seller in case of withdrawal 

1. If the seller makes it possible for a customer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
2. The seller reimburses the customer with all payments, including any delivery costs the seller charged for the returned product, immediately and in any case within 14 days after the day on which the customer declared the withdrawal. The seller may postpone refunding until he has received the product or until the customer proves he has returned the product, depending on which occurs earlier, except in cases in which the seller has offered to retrieve the product himself.
3. For any reimbursement, the seller will use the same payment method that was used by the customer, unless the customer agrees to another method. Reimbursement is free of charge for the customer.
4. If the customer chose an expensive method of delivery in preference to the cheapest standard delivery, the seller does not have to refund the additional costs of the more expensive method.

 Article 10 - Preclusion of right of withdrawal

The right to cancel does not exist for the following contracts:

• Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
• Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
• Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
• Contracts for the supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader.
• Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
• Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.

 Article 11 - Price

1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for changes as a result of changes in VAT-tariffs.
2. Contrary to the previous paragraph, the seller may offer products or services at variable prices if these prices are subject to fluctuations in the financial market over which the seller has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
4. Price increases more than 3 months after the contract was concluded are only permitted if the seller stipulated as much and:

• They are the result of statutory regulations or stipulations; or
• The customer is authorized to terminate the contract on the day on which the price increase takes effect.

5. Prices stated in offers of products or services include VAT.

 Article 12 - Contract fulfilment and additional warranty

1. The seller guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the seller also guarantees that the product is suited for other than normal designation.
2. An extra warranty arrangement offered by the seller, manufacturer or importer can never affect the statutory rights and claims that a customer can enforce against the seller on the grounds of the contract if the seller failed to fulfil his part in the contract.
3. An extra warranty is defined as every commitment of a seller, his supplier, importer or manufacturer that grants a customer rights or claims in excess of those provided by law, for the event that he fails to fulfil his part in the contract.

 Article 13 - Delivery and execution

1. The seller will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is deemed to be the address that the customer makes known to the company.
3. Taking into consideration that which is stated in article 4 of these General Terms and Conditions, the company will execute orders that were accepted expediently, and at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot, or only partially be executed, the customer must be informed about this 30 days after the order was placed at the latest. In this case, the customer has a right to dissolve the contract free of charge and a right to possible damages.
4. Following dissolution in accordance with the previous paragraph, the seller refunds the customer immediately the sum he had paid.
5. The risk of damage and/or loss of products rests upon the seller up to the moment of delivery to the customer or a representative previous designated by the customer and announced to the seller, unless this has explicitly been agreed otherwise.

 Article 14 - Extended duration transactions: duration, termination and prolongation 

Termination

1. The customer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.
2. The customer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
3. With respect to contracts as described in the first two paragraphs, the customer may:

• Terminate them at all times and not be limited to termination at a specific time or during a specific period;
• Terminate them in the same way as that in which they were concluded;
• Always terminate them subject to the same period of notice as that stipulated for the seller.

Prolongation

4. A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.
5. In departure from that which is stated in the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three months, if the customer is at liberty to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the customer has at all times the right to terminate, with a period of notice that does not exceed one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period that does not exceed three months.
7. A fixed term contract for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will automatically terminate at the end of the trial period or introductory period.

Duration

8. If the fixed-term of a contract exceeds one year, then after one year the customer has at all times a right to terminate, with a period of notice that does not exceed one month, unless premature termination of the contract would be unreasonable or unfair.

 Article 15 - Payment

1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the customer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this 14-day period starts on the day after the customer received confirmation of the contract.
2. When selling products to customers, the General Terms and Conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the customer cannot invoke any rights whatsoever in relation to the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The customer is obliged to report immediately to the seller any inaccuracies in payment data provided or stated.
4. If a customer fails to fulfil his payment obligation(s) in good time, after the seller has informed the customer about the late payment, the customer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and the seller has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The seller can make departures from these sums and percentages that are favorable to the customer.

 Article 16 - Complaints procedure

1. The seller provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint accordingly.
2. A customer who has discovered shortcomings in the execution of a contract must submit any complaints to the seller without delay, in full and with clear descriptions.
3. A reply to complaints submitted to the seller will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the seller will reply within 14 days, confirming receipt and indicating when the customer can expect a more elaborate reply.
4. A complaint that cannot be solved in joint consultation within a reasonable period of time, or within 3 months after it was submitted, becomes a dispute that is subject to the disputes settlement scheme.

 Article 17 - Disputes

1. Contracts entered into between a seller and a customer and which are subject to these General Terms and Conditions are subject only to Dutch law. 

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/. We do not intend to participate in dispute settlement proceeding

Article 18 - Additional or deviating provisions

Additional provisions or provisions that differ from these General Terms and Conditions cannot be detrimental to the customer and should be recorded in writing, or in such a way that customers can store them in a readily accessible manner on a durable medium.

Download Appendix I, the model form for right of withdrawal.

Additional provisions Parfumswinkel.nl

Article 1 - Post-pay

If you opt for post-pay using Billink or Klarna, Billink's or Klarna payment terms also apply to this agreement.