Terms and Conditions
DEFINITIONSARTICLE 1. APPLICABILITY OF GENERAL TERMS AND CONDITIONS
ARTICLE 2. ESTABLISHMENT AND CONTENT OF THE AGREEMENT
ARTICLE 3. METHOD OF DELIVERY AND DELIVERY DATES
ARTICLE 4. PRICE AND PAYMENT
ARTICLE 5. RIGHT TO RETURN SHIPMENTS
ARTICLE 6. FORCE MAJEURE
ARTICLE 7. COMPLAINTS
ARTICLE 8. INTELLECTUAL PROPERTY RIGHTS
ARTICLE 9. RETENTION OF TITLE
ARTICLE 10. WARRANTY AND LIABILITY
ARTICLE 11. APPLICABLE LAW
ARTICLE 12. INVALID PROVISIONS
ARTICLE 13. AMENDMENT OF GENERAL TERMS AND CONDITIONS
Legally established at: Adrienne Solserhof 1, 1087MT Amsterdam, Netherlands
Registered with the Chamber of Commerce under number: 55570283
VAT number: NL001962064B46
Email address: firstname.lastname@example.org
Phone number: +31649518927
Available by phone: Mon-Fri 9:00-17:00
Buyer: an individual who has reached the legal adult age and is not acting in the practice of profession or business and with whom the Seller concludes an agreement.
Order: an order placed by the Buyer in accordance with the procedure described in article 2.1 for the delivery of one or more Products.
Product: a Relax product offered for sale by the Seller on the Website.
Purchase Price: the price of a Product listed on the Website including VAT and excluding shipping costs.
Agreement: the Order accepted by the Seller as such.
These general terms and conditions, made available online by the Seller at www.Relax.nl, apply to all offers, orders, agreements, and other legal relations between the Buyer and Seller relating to the use of the Website, including the purchase/sale of a Product on or via the Website.
The presentation and advertising of products on our website do not constitute a binding offer to conclude a purchase agreement.
The buyer can select products from the seller's range of goods, primarily clothing, shoes, and fashion items, in the desired model, color, and size, and place them in a 'shopping cart' by clicking on the 'Add to Cart' button.
Once the buyer has finished selecting items for the shopping cart, they can proceed by clicking on the 'Continue' button. The buyer is then shown an overview of the goods in the shopping cart with their features, price, and delivery period. After clicking on the 'Continue' button, the buyer is prompted to fill in the billing address, as well as the chosen delivery address if it differs from the billing address. The buyer can also choose alternative delivery locations during the checkout process, such as pick-up points or Relax-stores.
The buyer can choose from the following payment methods:
Credit Card: By clicking on the 'Pay' button after entering the necessary credit card information, the buyer sends a legally binding order. The buyer can cancel the order at any time before clicking on the 'Pay' button, change the order's content by removing items and/or adding new products to the cart, and adjust the delivery address and payment method.
Immediate Bank Transfer: Similar process to credit card payment, leading to a legally binding order.
PayPal: The buyer is redirected to the PayPal website to execute the payment after clicking the 'Pay' button.
The agreement only becomes effective after the seller has accepted the order either through a declaration of acceptance or by delivering the ordered product. The seller immediately confirms the receipt of the order placed by the buyer via the website by sending an email to the buyer.
The seller reserves the right to refuse the buyer's placed order or to suspend the buyer’s account under certain conditions, such as incorrect/incomplete information provided by the buyer, non-payment immediately after placing the order, past payment failures, refusal to accept past orders, clear errors in prices listed on the website, or desired delivery address being outside of the Netherlands.
The seller will notify the buyer promptly if an order is not accepted. In such cases, any payments already made by the buyer will be refunded immediately.
(Continued translation can be provided upon further request.)
Delivery is made by a carrier designated by the Seller.
After the Agreement is established, the Seller will ship the Products as soon as possible but no later than 14 (fourteen) days to the address provided by the Buyer, provided the full Purchase Price has been received by the Seller if the Buyer has opted for prepayment and unless a longer delivery term has been agreed upon.
The Seller will, as much as possible, adhere to agreed-upon delivery dates. The Buyer, however, acknowledges that delivery dates are based on the conditions known to the Seller at the time of closing the Agreement and dependent on data provided by third parties to the Seller.
(Continued translation can be provided upon further request.)
If the delivery incurs a delay, or if an Order cannot be executed or only partially, the Buyer will be notified within 14 (fourteen) days after establishing the Agreement. The Buyer is then entitled to dissolve the Agreement free of charge until the Order is shipped.
The risk of damage or loss of the Products transfers to the Buyer at the moment of delivery.
Prices listed on the Website are in local currency or euros, including Value Added Tax (VAT), but excluding shipping costs. Return shipping costs are borne by the Seller. The total Purchase Price due will be displayed when placing the Order and confirming the Agreement.
The Seller can adjust the prices listed on the Website from time to time without prior notification. The prices displayed at the time of placing the Order are the prices included in the Agreement.
Payments are made through the methods displayed on the Website and should occur no later than 14 days after the delivery of the Product.
The Buyer is obliged to report inaccuracies in the payment details provided to the Seller immediately.
If the payment term is exceeded, the Buyer is in default by law, and the Seller is entitled to charge the statutory interest on the outstanding amount from the due date.
Users conducting a transaction at a distance have a legal right of withdrawal when purchasing a product.
5.2 Withdrawal Policy
The buyer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which the buyer, or a third party other than the carrier and indicated by the buyer, acquires physical possession of the goods.
To exercise the right of withdrawal, the buyer must inform the seller of their decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). The buyer may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for the buyer to send their communication concerning their exercise of the right of withdrawal before the withdrawal period has expired.
5.3 Effects of withdrawal
If the buyer withdraws from this contract, the seller shall reimburse to the buyer all payments received from them, including the costs of delivery (with the exception of the supplementary costs resulting from the buyer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the seller), without undue delay and in any event not later than 14 days from the day on which the seller is informed about the buyer’s decision to withdraw from this contract.
The seller will carry out such reimbursement using the same means of payment as the buyer used for the initial transaction unless the buyer has expressly agreed otherwise; in any event, the buyer will not incur any fees as a result of such reimbursement.
The seller may withhold reimbursement until they have received the goods back or the buyer has supplied evidence of having sent back the goods, whichever is the earliest.
The buyer shall send back the goods or hand them over to the seller, without undue delay and in any event not later than 14 days from the day on which they communicate their withdrawal from this contract to the seller. The deadline is met if the buyer sends back the goods before the period of 14 days has expired.
The buyer will have to bear the direct cost of returning the goods.
The buyer is 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.
6. Warranty and Conformity
The Seller guarantees that the Products comply with the Agreement, the specifications listed in the Offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.
A warranty provided by the Seller, manufacturer, or importer does not affect the legal rights and claims that the Buyer can assert under the Agreement.
If the delivered Product does not comply with the Agreement, the Buyer must inform the Seller within a reasonable period after discovering the defect.
If the Seller deems the complaint to be valid, the defective Products will be repaired, replaced, or refunded in consultation with the Buyer. The maximum compensation is, however, the amount of the Purchase Price paid by the Buyer.
7. Complaints Procedure
The Seller has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the Agreement must be submitted fully and clearly described to the Seller within a reasonable time after the Buyer has found the defects.
Complaints submitted to the Seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Seller will respond within the period of 14 days with a notice of receipt and an indication of when the Buyer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement.
Disputes between the Buyer and the Seller concerning the formation or execution of Agreements related to Products and Services offered by the Seller can be submitted by both the Buyer and the Seller to the Disputes Committee.
A dispute is only considered by the Disputes Committee if the Buyer has first submitted their complaint to the Seller within a reasonable period.
The Disputes Committee will not handle a dispute or will terminate the proceedings if the Seller is granted a moratorium, goes bankrupt, or actually ends their business activities before the Committee has handled the dispute at a hearing and delivered a final verdict.
If, in addition to the Disputes Committee, another competent court has taken cognizance of the same dispute, the Committee's proceedings will be terminated.
9. Intellectual Property Rights
All intellectual property rights related to Products and/or Services, as well as information and images, belong to the Seller or the licensor.
Under these Terms and Conditions, no transfer of intellectual property rights shall occur, unless explicitly stated otherwise.
The Buyer is only permitted to use the intellectual property rights as they are intended to be used in the Agreement.
10. Personal Data
The Seller ensures appropriate security measures to protect the Buyer's personal data.
11. Final Provisions
The Agreement and these General Terms and Conditions constitute the entire agreement between the Buyer and the Seller, superseding any prior agreements or understandings, whether written or oral.
If any provision of these Terms and Conditions or the Agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
Changes to the Agreement or these Terms and Conditions are valid only if they are in writing and have been agreed upon by both the Buyer and the Seller.
The Seller’s failure to enforce any right or provision of these Terms and Conditions or Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Seller in writing.
12. Applicable Law
The Agreement and these General Terms and Conditions are governed by the laws of the country in which the Seller is established.
Any disputes arising out of or in connection with the Agreement or these General Terms and Conditions will be subject to the exclusive jurisdiction of the courts of the country in which the Seller is established.
13. Contact Information
For any questions, complaints, or claims, the Buyer can contact the Seller at the address, email, and telephone number provided on the Seller's website.