Terms and Conditions

GENERAL TERMS AND CONDITIONS

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

  • Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Long-term transaction: a distance contract concerning a series of products and/or services, whose delivery and/or acceptance is spread over time;

  • Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction;

  • Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

  • Distance contract: an agreement concluded within a system organized by the entrepreneur for the distance sale of products and/or services using one or more means of distance communication exclusively;

  • Means of distance communication: a method that can be used to conclude a contract without the simultaneous physical presence of the consumer and entrepreneur;

  • General terms and conditions: these general terms and conditions of the entrepreneur.

Article 2 – The Entrepreneur

Chamber of Commerce (KVK): upon request
Email: info@velvetine-fashion.com

Article 3 – Scope

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, it will be indicated before the contract is concluded that the terms are available from the entrepreneur and will be sent free of charge upon request.

If the contract is concluded electronically, the terms may be made available electronically in a way that allows them to be easily stored on a durable medium. If this is not reasonably possible, it will be indicated where the terms can be consulted electronically and that they will be sent upon request.

If specific product or service terms apply in addition to these general terms, the second and third paragraphs apply accordingly, and in the event of conflict, the consumer may invoke the most favorable provision.

If any provision of these terms is void or annulled, the remaining provisions will remain in force and the invalid provision will be replaced as closely as possible to the original intent.

Situations not expressly covered will be assessed in the spirit of these general terms.
Ambiguities in the interpretation or content of any provision will be interpreted in the spirit of these general terms.

Article 4 – Offer

If the offer has a limited validity period or is subject to conditions, this will be explicitly stated. Offers are non-binding. The entrepreneur is entitled to modify the offer.

The offer contains a complete and accurate description of the products and/or services. This description is sufficiently detailed to enable the consumer to assess it properly. If the entrepreneur uses images, they are a true representation. Obvious mistakes or errors in the offer are not binding.

All images, specifications, and data in the offer are indicative and cannot lead to compensation or contract termination.

Images of products reflect the offered products. However, color deviations cannot be guaranteed.

Each offer contains information about the rights and obligations arising from acceptance, particularly:

  • possible shipping costs;

  • how the contract is concluded and the steps involved;

  • applicability of the right of withdrawal;

  • payment, delivery, and execution method;

  • validity of the offer or price guarantee period;

  • remote communication costs, if different from standard rates;

  • contract archiving and consumer access;

  • how to check and correct entered information;

  • available languages for the contract;

  • applicable codes of conduct and how to access them;

  • minimum contract duration in long-term agreements;

  • available sizes, colors, material types (if applicable).

Article 5 – The Contract

Subject to paragraph 4, the contract is concluded when the consumer accepts the offer and meets the stipulated conditions.

If the offer is accepted electronically, the entrepreneur will confirm receipt promptly. Until receipt is confirmed, the consumer may cancel.

For electronic contracts, the entrepreneur shall take technical and organizational measures to ensure secure data transmission and secure online payment.

The entrepreneur may, within legal boundaries, verify the consumer's ability to meet payment obligations and other relevant facts. If there are justified reasons not to conclude the contract, the entrepreneur may refuse or set special conditions.

The entrepreneur will provide the consumer with the following information in writing or in a durable medium:

a. business address for complaints;
b. terms for withdrawal or an indication if withdrawal is excluded;
c. warranty and after-sales service information;
d. details from Article 4, paragraph 3, if not provided earlier;
e. termination conditions for long-term contracts.

These apply to the first delivery in a long-term transaction. Contracts are subject to product availability.

Article 6 – Right of Withdrawal

The consumer has the right to withdraw from the contract within 14 days without giving any reason, starting the day after receiving the product.

During this period, the consumer will handle the product and packaging carefully, only using it as necessary to assess whether they wish to keep it. If exercising the right of withdrawal, the product must be returned with all accessories, in original condition and packaging, following clear instructions.

To use the right of withdrawal, the consumer must notify the entrepreneur within 14 days, in writing or by email.

After notifying, the product must be returned within 14 days. The consumer must prove timely dispatch, e.g., via shipment confirmation.

Failure to meet these deadlines results in a binding purchase.

Article 7 – Costs in Case of Withdrawal

If the consumer withdraws, they bear the return shipping costs.

If payment was already made, the entrepreneur will refund as soon as possible, but no later than 14 days after withdrawal, provided the returned item is received or return is proven.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude withdrawal for products as listed in paragraphs 2 and 3, only if clearly stated before contract conclusion.

Exclusions apply to products:

a. made to consumer specifications;
b. of a clearly personal nature;
c. not suitable for return due to their nature;
d. that deteriorate or expire quickly;
e. with price fluctuations beyond the entrepreneur’s control;
f. newspapers and magazines;
g. audio/video software if packaging is unsealed;
h. hygienic products with broken seals.

And services:

a. relating to accommodation, transport, catering, or leisure on specific dates;
b. which began with consumer consent before the withdrawal period expired;
c. involving betting and lotteries.

Article 9 – Price

Prices will not be increased during the validity period, except for VAT changes.

Products/services tied to financial market fluctuations may be offered at variable prices, with this clearly stated.

Price increases within 3 months are only allowed if legally required.

Price increases after 3 months are allowed only if:

a. required by law; or
b. the consumer can terminate the contract as of the increase date.

All prices are subject to printing and typographical errors. The entrepreneur is not liable for these and not obliged to deliver at incorrect prices.

Article 10 – Compliance and Warranty

The entrepreneur ensures that products/services comply with the agreement, listed specifications, usual requirements of soundness and usability, and relevant laws. If agreed, suitability for other than normal use is also guaranteed.

Any warranty does not affect statutory consumer rights.

Defects or incorrect deliveries must be reported within 14 days in writing. Products must be returned in original condition and packaging.

Entrepreneur’s warranty period equals the manufacturer’s. The entrepreneur is not liable for final suitability or advice given.

Warranty voids if:

  • the consumer or third party modified the product;

  • the product was misused or used contrary to instructions;

  • the defect results from legal regulations affecting materials used.

Article 11 – Delivery and Execution

The entrepreneur will handle orders and deliveries with care.

Subject to Article 4, delivery will occur within 30 days unless otherwise agreed. If delayed or not fulfilled, the consumer will be informed within 30 days and may cancel for a refund.

In such cases, any payment will be refunded within 14 days.

If delivery is impossible, a substitute may be offered, clearly marked as such. The right of withdrawal applies, and return costs are borne by the entrepreneur.

The entrepreneur bears risk until delivery to the consumer or authorized representative, unless otherwise agreed.

Article 12 – Duration Contracts: Termination and Renewal

Termination:

The consumer may cancel an indefinite contract for regular delivery of products/services with one month’s notice unless agreed otherwise.

The consumer may cancel a fixed-term contract at the end with one month’s notice.

The above contracts may always be:

  • terminated at any time without a fixed term;

  • terminated in the same way as they were entered into;

  • terminated with a notice period equal to the entrepreneur's.

Renewal:

Fixed-term contracts for regular delivery may not be renewed automatically.

Exception: contracts for daily/weekly newspapers may be renewed once for up to 3 months, with one month’s notice.

Longer renewals are only allowed if they convert to indefinite with a maximum one-month notice period (three months for less frequent deliveries).

Trial or introductory subscriptions end automatically.

Duration:

Contracts longer than one year can be terminated after one year with one month's notice unless unreasonable.