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.  General Terms and Conditions Hunkemöller International B.V.

 

Index:

         Article 1 - Definitions 
         Article 2 - Identity of the entrepreneur
         Article 3 - Scope of Application
         Article 4 - Offers
         Article 5 - Agreements
         Article 6 - Right of cancellation where products are delivered
         Article 7 - Costs in the event of cancellation 
         Article 8 - Reclusion of right of cancellation 
         Article 9 - The price
         Article 10 - Conformity and warranty
         Article 11 - Fulfilment and delivery 
         Article 12 - Payments 
         Article 13 - Complaints Procedure 
         Article 14 - Use of personal data
         Article 15 - Disputes



Article 1 – Definitions

The following terms bear the meaning assigned to them for the purposes of these general terms and conditions:
1. Hunkemöller International B.V. (hereinafter also referred to as ‘Hunkemöller’) – the legal entity which sells products to consumers at a distance;
2. 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;
3. 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;
4. 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;
5. cooling-off period – a period during which you may exercise your right of cancellation;
6. right of cancellation – your entitlement to end a distance agreement within the cooling-off period;
7. day – calendar day;
8. 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;
9. 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 HunkemöllerUK Ltd

HunkemöllerUK Ltd is part of:

Hunkemöller International B.V.
Having its registered office in Amsterdam, the Netherlands, and its place of business at,

Liebergerweg 28
1221 JS Hilversum, Netherlands

Telephone number: +31 35 646 5412
Email address: customerservice@hunkemoller.com

Chamber of Commerce number:  # 07714378
VAT identification number: # GB243 8339 95 



Article 3 - Scope of application

1. 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.
2. The text of these general terms and conditions shall be disclosed to you on the Hunkemöller website before any distance agreement is concluded.
3. 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.
4. 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

1. 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.
2. 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.
3. 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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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 fourteen (14) 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.
3. Withdrawal
4. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
     * 14 days after the day we receive back from you any goods supplied, or
     * (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
     * if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel 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 the reimbursement.
5. 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.
6. 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.
7. If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has
been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.

 

Annex I: Withdrawal form
(Just fill in this form and return when you want to withdraw from the contract)

• On: Hunkemöller International B.V.
Business address: Liebergerweg 28 1221 JS Hilversum, Netherlands

• Email: klantenservice@hunkemoller.com


• I / We * share / share * hereby give notice that I / we on our agreement * the sale of the following products: [designation product]


* the supply of the following digital content [display digital content]


* the provision of the following service: [service designation]


* revoke / withdraw * • Ordered on * / received on * [date order with services or goods receipt at]


• [Name of consumer (s)]

• [Address of consumer (s)]

• [Signature of consumer (s)] (Only if this form is notified on paper)



* Delete if not applicable or fill in as appropriate.


** Printable Withdrawal form

 


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 - Reclusion of right of cancellation

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.
The right to cancel does not apply to the following kind of 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.


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 customerservice@hunkemoller.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

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

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, with the exception of the Vienna Sales Convention (CISG). Any dispute shall only be brought before a competent court of law in Amsterdam for adjudication.

 



 .  General Terms and Conditions Hunkemöller Membercard


A. Definitions

The capitalised terms referred to below have the following meaning:

Hunkemöller:

the private company with limited liability having its head office at Hunkemöler International Liebergerweg 28, (1221 JS) Hilversum, Netherlands;

Membercard:

the card issued by Hunkemöller under the Membercard Programme;

Hunkemöller Member:

the Membercard holder;

Membercard Programme:

The loyalty programme developed by Hunkemöller that allows customers to obtain discounts, including by accruing credits on their Membercard;

Membercard Customer Service:

the customer service set up for the Membercard

 

Shop(s):

Customer service programme; Hunkemöller’s stores and webshops in Austria, Belgium, Croatia, the Czech Republic, Denmark, Germany, Finland, France, Italy, Luxembourg, the Netherlands, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.


B. Applicability

1.   These General Terms and Conditions apply to Hunkemöller’s Membercard Programme and applications for and/or use of the Membercard under the Membercard Programme. The Membercard Programme is provided by Hunkemöller outlets and webshops in the following countries: Austria, Belgium, Croatia, the Czech Republic, Denmark, Germany, Finland, France, Italy, Luxembourg, the Netherlands, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.  


C. Purchase and Activation of Membercard

1.   When the Hunkemöller Member has purchased a card in the Shop and has registered at the counter or through the registration from, she will receive an email to complete her profile. When the Hunkemöller Member has registered online, she receives an email to confirm the registration. In the subsequent welcome email, the Hunkemöller Member receives the welcome vouchers in digital format. If the Hunkemöller Member registers from one of the countries where we only have a webshop, the Hunkemöller Member receives a 10% welcome discount for the webshop.
2.   Since 15 February 2012, the Membercard can be obtained via the Hunkemöller APP in the Netherlands and Germany. This APP-based Membercard is free of charge and digital. The Membercard number is shown in the APP by means of a QR code. Registration for the Membercard Programme is identical to that for the physical card. The APP also provides an overview of the balance of Passion Points. The APP includes a customer discount coupon.  
3.   By completing the registration referred to in C.1 and C.2, the Hunkemöller Member participates in the Membercard Programme, which is subject to these General Terms and Conditions.  
4.   By registering the Membercard, the Hunkemöller Member obtains the following advantages: exclusive online Welcome Gifts providing a discount of up to 10% on the online selection, depending on how the registration was submitted, saving for extra discounts in addition to credits, special invitations to Member Events, exclusive mailings on trends and special offers (if desired), personalised suggestions and advice, continual access to a personal account and the option to participate in the credit scheme described in articles E and F . The Membercard consists of a booklet with 3 (three) welcome vouchers: a five GBP (£5) discount on the next purchase, a 15% discount on nightwear and a tailor-made service card. The vouchers are valid for a period of 3 (three) months from the purchase date of the Membercard.  
5.   Participation in the Membercard Programme is restricted to customers with a valid home address in Austria, Belgium, Croatia, the Czech Republic, Denmark, Germany, Finland, France, Italy, Luxembourg, the Netherlands, Portugal, Slovakia, Slovenia, Spain, Sweden or the United Kingdom. The Membercard Programme is only valid in these countries.  


D. Use

1.   After having registered by means of the registration form referred to in C.2, the Hunkemöller Member can use her Membercard.  
2.   The Membercard is strictly personal and non-transferable The Membercard remains the property of Hunkemöller. Each card may be registered to only 1 (one) email address.  


E. Credit scheme

1.   Hunkemöller Members can earn Passion Points with a valid Member Card. Every ten pence (£0.10) spent is worth one Passion Point. For every 500 Passion Points collected, Hunkemöller Members receive discount rewards worth five GBP (£5*). To earn 500 Passion Points, a person must have spent at least fifty GBP (£50) within one year. The fifty GBP (£50) amount does not have to be spent on one occasion; it relates to the total amount of purchases made within a single year (starting from the effective date of the Member Card).  
2.   All purchases at the Shops (incl. the Webshops) (with the exception of purchases made with Hunkemöller gift vouchers and special offers (see G.1)) are taken into account to determine the total amount spent. The total amount spent is calculated by adding up the purchases made by the Hunkemöller Member.  
3.   The only means of keeping a record of the total amount spent is upon presentation of a valid MemberCard.  
4.   Once the amount of 500 Passion Points has been reached, the points are automatically converted into a discount reward. The Hunkemöller Member is then entitled to receive five GBP (£5*) off and will be notified of this by email and/or on the receipt.  
5.   The Hunkemöller Member has no more than 1 (one) year from the date of purchase of the Member Card to spend fifty GBP (£50), as defined under Section E.2. Any amounts spent under the fifty GBP (£50) limit will expire after that one year, or earlier in the event of termination of/or termination of participation in the Membercard Programme, as defined under Sections J. and I respectively.  
6.    Passion Points can also be earned through activities other than Store or online purchases. In such cases, the Membercard Programme awards free bonus Passion Points to the Hunkemöller Member. This occurs when the Hunkemöller Member actively engages in a Hunkemöller Facebook, Webshop or email activity. Max. 100 Passion Points per calendar month. You will only receive points for every like and/or comment on a Hunkemöller post which is public and belongs to the 5 most recent posts. You do not receive points for likes other then “like” and/or when the post is not publicly shared by Hunkemöller.
7.    A few times a year, Hunkemöller will award bonus Passion Points for specially selected items, events and promotions. Hunkemöller is the only party that can determine what these will be and will duly designate them with the Passion Points logo, clearly indicating how many bonus Passion Points can be earned.  If items that have been purchased with Passion Points are returned or exchanged, the respective Passion Points will be credited back onto the Hunkemöller Member's Membercard. Any returns or exchanges are subject to the rules of the Store in question, upon production of a valid receipt.  

*The point value in Denmark is: 450 Passion Points (450 kr.) = 45 kr. off. The point value for Sweden will be determined later in the year.


F. Converting credits into discounts

1.   Credits can be converted into discounts at all Shops upon presenting a valid and registered Membercard.  
2.   The Hunkemöller Member can see her purchases and total amount spent (credits accrued) by going to www.hunkemoller.com.  Information on the total amount spent and credits accrued can also be requested at the Shops and via the APP. The APP is only available in the Netherlands and Germany.  
3.   The credits accrued by the Hunkemöller Member can only be converted into cash discounts. When converting the credit, the discount granted to the Hunkemöller Member can therefore never exceed the purchase amount of the product to which it is applied.  
4.   Accrued credits cannot be used to purchase gift vouchers such as the Hunkemöller Lingeriecard. Accrued credits cannot be used to pay for the cost of alterations or shipping costs. Since prosthetics and prosthetic bras are not part of Hunkemöller’s standard selection, purchases of these products do not qualify for credits on the Membercard.  


G. Special offers

1.   A registered Hunkemöller Member can make use of Hunkemöller’s special offers. These offers are compiled by Hunkemöller. Such offers are only valid during the offer period and for as long as stocks last.  


H. Changes

1.   Hunkemöller reserves the right to revoke or change the special offers referred to in G.1 or to make new offers, and can do so at any time and under any circumstances.  
2.   Hunkemöller also reserves the right to make changes to the discount rewards awarded to the Hunkemöller Member for every fifty GBP(£50) spent.  
3.   Hunkemöller Members will be informed in advance about any changes, by email or on the website www.hunkemoller.com.  
4.   If the Hunkemöller Member wishes to change, make additions to or remove data which have become known to Hunkemöller under the Membercard Programme, she can submit her enquiries via her account on www.hunkemoller.com. If all personal data of the Hunkemöller Member have been removed, her credit can longer be converted.  


I. Termination of participation

1.   Hunkemöller Members can terminate their participation in the Membercard Programme at any time.  
2.   To terminate the participation in the Membercard Programme, the Hunkemöller Member has to go to the “deregister” page on www.hunkemoller.com.  
3.   Once the participation has been terminated, the Membercard is no longer valid. Any credits the Hunkemöller Member has accrued can only be converted into purchase discounts prior to termination. Once the participation has been terminated, it is no longer possible to accrue or convert any credits with the Membercard.  
4.   If the Hunkemöller Member commits fraud, provides incomplete or incorrect information, acts in breach of these General Terms and Conditions of Hunkemöller, abuses the rights granted to her, or commits any other acts as a result of which Hunkemöller and/or its Shops incur damage, Hunkemöller is entitled, without prejudice to any of its rights, to revoke the Membercard with immediate effect and cancel any credits accrued.  


J. Termination of programme

1.   Hunkemöller reserves the right to terminate the Membercard Programme at any time. The Hunkemöller Member will be informed about the termination no later than 3 (three) months in advance. Until the termination date, the Hunkemöller Member can keep accruing and converting credits. Once the Membercard has been terminated by virtue of this article, no credits can be accrued or converted.  


K. Loss, theft or malfunctioning of Membercard

1.   If the Membercard is lost or stolen or does not function properly, the Hunkemöller Member must inform Hunkemöller about this as soon as possible, where upon Hunkemöller will block the Membercard and will send her a new Membercard free of charge as soon as possible. For a new Membercard, please call the following number: +31 (0) 35 6465412 (customer service in Hilversum), or go to a Hunkemöller shop. Any credit accrued on your old Membercard will be transferred to your new Membercard.  
2.   Until you have received your new Membercard, you can keep accruing credit by quoting your postcode and address each time you purchase products. Credits accrued in this way will be recorded on your new Membercard.  


L. Privacy

1.   The Membercard Programme involves the processing of the personal and other data entered by the Hunkemöller Member in the registration window. These data are processed so as to be able to correctly process the application and any changes there to, and answer questions about the Membercard. In addition, personal data may be used to provide information to those Hunkemöller Members who have agreed to this about offers, products and deals of Hunkemöller and/or one or more of its affiliates. If the Hunkemöller Member subsequently decides that she does not want to receive this information, she can indicate this on her account on www.hunkemoller.com. As a final point, please note that the purchase data of Hunkemöller Members are stored. These data are used to perform analyses by linking sales/purchasing data to customer data. This enables Hunkemöller to optimise its selections and offers, so that it can cater more closely to the wishes of the Hunkemöller Member.  
2.   The registration of personal data as referred to above in clause 1 has been reported to the Dutch Data Protection Authority. A copy of the registration form is stored at Hunkemöller and is available for inspection. None of the registered personal data will be made available to third parties, except if permitted by the Personal Data Protection Act, if this is stated in the registration form, or if this is necessary to enable the issuance and/or the use of the card and/or the related settlement of amounts.  
3.   The Hunkemöller Member has the right to inspect her data and has the right to submit a request to have her data changed and/or removed. To submit such a request, please contact:

Hunkemöller Int., Membercard Customer Service,

Antwoordnummer 1085, 1200 WB Hilversum, the Netherlands.  

4.   See also our Privacy Statement

   

     

Country (EN)   Servicenummer  

Austria                       0800-102306  
Belgium                     0800-39038  
Croatia                      8009602  
Czech republic          800701587  
Denmark                   80251286  
Finland                      0800-177711  
France                      0800-940607  
Italy                           0800-123568  
Luxembourg              8002 6454  
Netherlands              088-2255888  
Poland                      8001124513  
Portugal                    800787778  
Slovenia                    80080324  
Spain                        900 828982  
Sweden                    020 796151  
UK                            0800-3680351    


M. Liability

1.   Hunkemöller is not liable for any unauthorised use of the Membercard or fraudulent conversion of credit by the Hunkemöller Member or by any third parties.  

N. Other stipulations

1.   Hunkemöller reserves the right to revise these General Terms and Conditions From the effective date of any such revision, the present and all the previous versions of these General Terms and Conditions will no longer be in force.  
2.   These General Terms and Conditions and the Membercard Programme are governed by Dutch law.  
3.   Any disputes may be submitted only to the competent court in Amsterdam.  

 

Version: January 9th 2017