General terms and conditions
Clause 1 – Definitions
The following definitions are used in these terms and conditions:
Professional:
The legal entity that provides consumers with products and/or services at a distance;
Consumer:
The natural person who concludes a Distance Contract with the Professional and is not acting within the capacity of a job or business operations;
Distance Contract:
A contract whereby one or more Means of Distance Communication are used exclusively up to and including the moment when the contract is concluded, as part of a system organised by the Professional for the sale of products and/or services at a distance;
Means of Distance Communication
A means that can be used to conclude a contract without the need for the Consumer and Professional to be in the same room simultaneously;
Cooling-off Period:
The period during which the Consumer can exercise his/her Right of Withdrawal;
Right of Withdrawal
The option for the Consumer to withdraw from the Distance Contract within the Cooling-off Period;
Day:
Calendar day;
Sustainable Data Carrier:
Any means that enables the Consumer or Professional to store information relating to him/her personally in a manner which will enable future consultation and unchanged reproduction of the stored information.
Clause 2 - Identity of the Professional
Penninkhof Modebeheer B.V.
Diepenveenseweg 20
8120 PN OLST
Netherlands
CoC number: 38022069
VAT number: NL805486707B01
Clause 3 – Applicability
1. These General Terms and Conditions apply to all offers in the Professional's online shop and all Distance Contracts concluded by the Professional and Consumer.
2. The Consumer is provided with the text of these General Terms and Conditions before the Distance Contract is concluded.
3. In the event that the Distance Contract is concluded digitally, the text of these General Terms and Conditions can be made available to the Consumer digitally before the Distance Contract is concluded and in such a way that the Consumer is able to easily store the text on a Sustainable Data Carrier. This is contrary to the provisions of the previous paragraph. Where this is not reasonably possible, an indication of the location where the General Terms and Conditions can be consulted digitally will be given, prior to the Distance Contract being concluded, as well as an indication that the Terms and Conditions will be sent to the Consumer free of charge, digitally or otherwise, at the Consumer's request.
4. In the event that specific product or service-related terms and conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting General Terms and Conditions, the Consumer shall be able to refer to the applicable provision that is most advantageous to him/her.
Clause 4 – The offer
If the offer is only valid for a limited period or if specific terms and conditions apply to the offer, such information will be explicitly stated in the offer.
The offer shall comprise a complete, accurate description of the products and/or services on offer. The description shall be sufficiently detailed so as to enable the Consumer to make a sound assessment of the offer. Any images used by the Professional shall be a faithful representation of the products and/or services on offer. The Professional shall not be bound by any obvious mistakes or errors in the offer.
All offers will contain information to such an extent that the rights and obligations associated with acceptance of the offer will be clear to the Consumer. In particular, this relates to:
• the price including applicable taxes;
• any applicable delivery costs;
• the manner in which the contract will be concluded and which actions are required to this end;
• the applicability of the Right of Withdrawal;
• the method of payment, delivery or performance of the contract;
• the period during which the offer is to be accepted, or the period during which the price remains valid.
Clause 5 – The contract
1. Subject to the provisions of Paragraph 4, the contract shall be concluded at the point when the Consumer accepts the offer and fulfils the associated conditions.
2. In the event that the Consumer has accepted the offer digitally, the Professional shall immediately give digital confirmation of receipt of acceptance of the offer. Whilst receipt of this acceptance has not been confirmed, the Consumer shall be entitled to dissolve the contract.
3. In the event that the contract is concluded digitally, the Professional shall take appropriate technical and organisational measures to secure the digital data transfer and shall ensure that the online environment is secure. If the Consumer is offered the option to pay digitally, the Professional shall observe appropriate security measures to this end.
4. Within the limits enforced by law, the Professional is entitled to investigate whether the Consumer is able to fulfil his/her payment obligations, as well as all facts and factors that could be relevant in relation to a responsible conclusion of the Distance Contract. In the event that such investigation provides the Professional with good grounds for not concluding the contract, the Professional shall be entitled to refuse an order or request or set special terms and conditions, provided he/she states the reasons for doing so.
5. The Professional shall send the following information to the Consumer along with the product or service, either in writing or in a format that can be stored by the Consumer in an accessible manner on a Sustainable Data Carrier:
a. the visitors' address of the Professional's site where Consumers can take their complaints;
b. the terms and conditions under which and the manner in which the Consumer can exercise his/her Right of Withdrawal, or a clear statement of the fact that the Right of Withdrawal does not apply;
c. information on existing post-sale services and guarantees;
d. the information from Clause 4, Paragraph 3 of these Terms and Conditions, unless the Professional has already provided the Consumer with this information before performance of the contract.
Clause 6 - Right of Withdrawal upon delivery of products
1. When purchasing products, the Consumer shall be entitled to dissolve the contract within eight (8) calendar days without having to provide reasons for doing so. This period shall commence on the day when the product is received by or on behalf of the Consumer.
2. The Consumer shall treat the product and packaging with care during this period. He/she shall only unpack or use the product to the extent that this is necessary in order to determine whether he/she wishes to keep the product. The items can be returned provided they are unused, free from damage and in the original packaging. Items must be returned in their original packaging, or similar packaging. The Consumer shall bear the costs of return delivery. The amount already paid shall be refunded to the Consumer as quickly as possible, but within no more than thirty (30) days. Further information is available by emailing Penninkhof's customer service department at customerservice@penninkhofmode.nl.
Clause 7 - Costs in the event of withdrawal
1. In the event that the Consumer exercises his/her Right of Withdrawal, he/she shall bear the costs of the return delivery.
2. In the event that the Consumer has already paid an amount, the Professional shall refund this amount as quickly as possible but within no more than thirty (30) days of the return delivery or withdrawal.
Clause 8 – Exclusion of the Right of Withdrawal
1. Where the consumer is not entitled to exercise a Right of Withdrawal, the Professional can only exclude such right if the Professional has clearly stated such in the offer, or at least in good time before the contract was concluded.
Clause 9 – The price
1. The prices of the products and/or services on offer shall not be increased during the validity period stated in the offer, except for price changes resulting from modifications to VAT rates.
2. VAT is included in the prices listed in the offer of products and services.
Clause 10 – Conformity and guarantee
1. The Professional guarantees that the products and/or services meet the terms of the contract, the specifications listed in the offer, reasonable quality and usability requirements and the statutory provisions and/or government regulations effective on the date of conclusion of the contract.
2. Any arrangement offered by the Professional, the manufacturer or the importer as a guarantee does not diminish the rights and claims that the Consumer can assert against the Professional on the basis of statutory provisions and/or the Distance Contract, in relation to a shortcoming in the fulfilment of the Professional's obligations.
Clause 11 – Delivery and performance
1. The Professional shall take the utmost care in receiving and executing the orders for products and assessing requests for the provision of services.
2. Goods and services shall be delivered to the address that the Consumer has provided the Professional with.
3. Notwithstanding the provisions on this matter listed in Clause 4 of these General Terms and Conditions, the Professional shall execute accepted orders expeditiously and within a maximum of fifteen (15) days. In the event that delivery is delayed or an order cannot be executed or can only be executed in part, the Consumer will be notified to this effect within a maximum of fifteen (15) days of placing the order. In such cases, the Consumer shall be entitled to dissolve the contract without incurring any costs.
4. In the event of a dissolution as referred to in the previous paragraph, any amount paid by the Consumer shall be refunded by the Professional as quickly as possible, but within no more than thirty (30) days.
5. The Professional shall be liable for the risk of damage to and/or loss of products until the point of delivery to the Consumer, unless otherwise expressly agreed. The Consumer shall be liable for such risks from the moment of delivery.
Clause 12 – Payment
1. Payment shall be made upon purchase of a product, either by credit card or using iDEAL. In the event that an item is returned, the Consumer will receive the amount already paid as soon as possible but within no more than thirty (30) days, in accordance with conditions laid out above (unused, free from damage, returned in original or similar packaging).
2. The Consumer is obliged to notify the Professional immediately of any inaccuracies in the payment details issued or stated.
3. In the event that the Consumer fails to make the payment due, the Professional shall be entitled to charge the Consumer the reasonable costs incurred, as stated to the Consumer in advance and subject to statutory limitations.
Clause 13 – Complaints procedure
1. In the event of complaints, the Consumer can email Penninkhof mode's customer service department at webmaster@penninkhofmode.nl.
2. Any complaints submitted to the Professional shall be answered as quickly as possible, but in no more than two (2) working days of receipt of the complaint. In the event that a complaint requires a foreseeable longer processing time, the Professional shall respond within a period of fourteen (14) days of receipt (actual receipt of the item) of the complaint.
Clause 14 – Retention of title
1. The title to the delivered items shall transfer to the Consumer once the amount due has been paid. The risk for the items shall transfer at the time of delivery to the Consumer.
Clause 15 – Dutch law
1. The Terms and Conditions are subject to Dutch law.
