Terms & Conditions Hunkemöller B.V.
Article 1 – Definitions
The following terms bear the meaning assigned to them for the purposes of these general terms and conditions:
- Hunkemöller B.V. (hereinafter also referred to as ‘Hunkemöller’) – the legal entity which sells products to consumers at a distance;
- consumer: (hereinafter also referred to as ‘you’) – a natural person who does not act for the purposes of practising a trade or profession, or running a company, and who enters into a distance agreement with Hunkemöller;
- distance agreement – an agreement pursuant to which Hunkemöller only uses one (1) or more distance communication technologies as part of a system that it organises for the sale of products at a distance through to the conclusion of that agreement;
- distance communication technology – a means that is used for the purposes of concluding an agreement without you and Hunkemöller simultaneously coming together in the same space;
- cooling-off period – a period during which you may exercise your right of cancellation;
- right of cancellation – your entitlement to end a distance agreement within the cooling-off period;
- day – calendar day;
- supply agreement – a distance agreement covering a series of products in respect of which the duty to effect delivery and/or procurement is spread over time;
- sustainable media – any means that enables Hunkemöller to store information addressed to you personally in a manner which makes it possible to consult the stored information in the future and to reproduce it without modification.
Article 2 – Details of Hunkemöller.com
Hunkemöller.com is part of:
Having its registered office in Amsterdam, the Netherlands, and its place of business at,
1221 JS Hilversum, The Netherlands
Telephone number: +31 35 646 5412
Email address: firstname.lastname@example.org
Chamber of Commerce number: # 70913358
VAT identification number: NL 8585.08.503.B.01
Article 3 - Scope of application
- These general terms and conditions shall apply to any offer made by Hunkemöller and to any distance agreement concluded between Hunkemöller and you. If you are under the age of 18, you must have the permission of your parent or legal guardian to make purchases.
- The text of these general terms and conditions shall be disclosed to you on the Hunkemöller website before any distance agreement is concluded.
- Contrary to the foregoing clause, in the event that a distance agreement is concluded by electronic means, the text of these general terms and conditions may be provided to you in electronic form before that distance agreement is concluded in such a manner that it is possible for you to store them easily on sustainable media. Should it not be reasonably possible to do so, before a distance agreement is concluded, you will be notified as to where you may familiarise yourself with these general terms and conditions in electronic form, and that they will be sent to you free of charge by electronic means or in some other way.
- Hunkemöller at all times reserves the right to amend these general terms and conditions, subject to the proviso that the new general terms and conditions shall not apply to any agreement that has already been concluded and shall not apply before Hunkemöller publishes them on this website.
Article 4 - Offers
- In the event that an offer has a limited term of validity or is made subject to conditions, this shall be explicitly stated in that offer. All offers shall be made subject to the explicit condition that the relevant goods will only be delivered while stocks last.
- An offer shall contain a comprehensive and accurate description of the products that are offered. A description must be sufficiently detailed in order to make it possible for you to assess the relevant offer properly. Where Hunkemöller makes use of illustrations, they shall truthfully depict the products and/or services that are offered. Hunkemöller shall not be bound by any apparent mistakes or errors in an offer.
- Every offer shall contain the following information, so as to clarify what your rights and duties will be should you accept that offer. In particular, this shall include the price including any tax, any delivery costs, the manner in which the relevant agreement will be concluded and what action is required for that purpose, whether a right of cancellation applies or not, the method of payment and delivery or in which the agreement is to be executed, the deadline for acceptance of the offer or the period of time during which the price will apply, whether the agreement will be archived following its conclusion, the manner in which you may consult it, the way in which you may familiarise yourself with any action to which you object before an agreement is concluded, and also the manner in which you may remedy this before an agreement is concluded.
Article 5 - Agreements
- Subject to the provisions of Clause (4) an agreement shall be concluded at such time as you accept the relevant offer and any conditions that are stipulated in this respect are satisfied.
- In the event that you accept an offer by electronic means, Hunkemöller shall immediately confirm its receipt of your notice of acceptance of the offer by electronic means.
- In the event that an agreement is concluded by electronic means, Hunkemöller shall adopt appropriate technological and organisational measures to secure the electronic transmission of data and it shall ensure the existence of a secure web environment. Should you make payment by electronic means, Hunkemöller shall adopt appropriate security measures.
- Hunkemöller shall disclose the following information to you along with the relevant product, so as to ensure that it can be consulted and stored on sustainable media in a manner that is easily accessible on the Hunkemöller website: (a) the Hunkemöller contact details and email and postal addresses which you can use to lodge a complaint; (b) the conditions subject to and the manner in which you can exercise your right of cancellation or a clearly legible notice precluding such right of cancellation; (c) information concerning existing after-sales service and any warranty; (d) the information stipulated in Article 4(3) of these general terms and conditions, unless Hunkemöller had already provided that information to you before the relevant agreement was executed.
- In the event that Hunkemöller undertakes to supply a series of products or services, the provisions of the foregoing clause shall only apply to the first delivery.
Article 6 – Right of cancellation where products are delivered
1. In the event that you purchase a product, you shall be entitled to cancel the relevant agreement without citing any grounds for doing so within no less than forty (40) days. This period shall commence on the day after the relevant product is received by you or on your behalf.
2. You will treat the product and its packaging carefully throughout this period of time. You may only unpack and use the product in so far as is necessary for the purposes of assessing whether you would like to keep it or not. In the event that you exercise your right of cancellation, you will return the product and any accessories that have been supplied to Hunkemöller in its or their original condition and packaging – if it is reasonably possible to do so – in accordance with any reasonable and clearly legible instructions issued by Hunkemöller.
Article 7 – Costs in the event of cancellation
1. In the event that you exercise your right of cancellation, you shall only be liable for the costs of return.
2. In the event that you have already paid an amount, Hunkemöller shall refund it as soon as possible but by no later than within the fourteen (14) days following the return or cancellation.
Article 8 – Preclusion of right of cancellation
1. Where you do not have a right of cancellation, Hunkemöller shall clearly state this in the relevant offer or at any rate before an agreement is concluded.
Article 9 – The price
1. The price of any product that is offered shall not be raised during the term of validity mentioned in that offer subject to any price increase due to a change in the VAT rates.
2. Any price increase which occurs within three (3) months after an agreement has been concluded shall only be permitted if it is due to any legally stipulated procedure or provisions.
3. Any price mentioned in an offer of a product shall be inclusive of VAT.
Article 10 – Conformity and warranty
1. Hunkemöller warrants that the relevant product will comply with the agreement concerned, the specifications stipulated in the offer in question, any reasonable requirements of proper workmanship and/or usability, and/or the relevant legal provisions and/or government regulations applicable on the date on which the agreement is concluded.
2. Any arrangement presented by way of a warranty by Hunkemöller, the manufacturer or importer shall not affect the rights and duties that you may enforce in relation to Hunkemöller under the law and/or pursuant to the relevant distance agreement in respect of any failure on the part of Hunkemöller to comply with its duties.
Article 11 – Fulfilment and delivery
1. Hunkemöller shall exercise the greatest possible care when an order is fulfilled and receipt is taken of a product.
2. The address that you disclose to Hunkemöller shall be deemed to constitute the place of delivery.
3. Subject to what is stipulated in this respect in Article 4 of these general terms and conditions, Hunkemöller shall fulfil any order that it accepts expeditiously but by no later than within thirty (30) days. In the event that delivery is delayed or it is impossible to fulfil an order or only part of it, you shall be notified of this by no later than within thirty (30) days after you have placed that order. In such a case you shall be entitled to cancel the relevant agreement without incurring any costs.
4. In the event of cancellation in accordance with the foregoing clause, Hunkemöller shall refund the amount that you have paid as soon as possible but by no later than within thirty (30) days following such cancellation.
5. Hunkemöller shall bear the risk of any product being damaged and/or lost until such time as it is delivered to you.
Article 12 – Payment
1. In so far as is not otherwise agreed, you shall be required to pay any amount due from you by means of a credit card or online bank transfer, before Hunkemöller accepts your order.
2. You shall have a duty to notify Hunkemöller of any inaccuracy in any payment details that are supplied or mentioned.
Article 13 – Complaints procedure
1. Hunkemöller has a complaints procedure that has been adequately disclosed and shall deal with any complaint in accordance with that complaints procedure as set out on its website.
2. Any complaint concerning the execution of an agreement must be comprehensively and clearly stated and must be submitted to Hunkemöller by email or in writing in due time after you notice any defect. The relevant contact details are mentioned on the website and in Article 2 of these general terms and conditions.
3. A reply shall be provided to any complaint that is submitted to email@example.com as soon as possible but by no later than within a period of fourteen (14) days as of the date on which it is received. Where it can be foreseen that a longer period of time will be required to deal with a complaint, Hunkemöller shall reply to it within a period of fourteen (14) days notifying you of its receipt and providing you with an indication as to when you may expect a more detailed answer.
Article 14 – Use of personal data
1. Hunkemöller shall only use any personal data that you provide to it for the purposes of a transaction to execute the relevant agreement. Subject to your explicit consent, Hunkemöller shall not use such data for any commercial purposes other than for the aforementioned purpose and to present similar offers.
Article 15 – Disputes
1. Any agreement between Hunkemöller and you which is governed by these general terms and conditions shall be solely governed by and construed in accordance with the law of the Netherlands. Any dispute shall only be brought before a competent court of law in Amsterdam for adjudication.