These general terms and conditions contain a number of basic rules for us as a web store and you as a consumer.
Table of contents
General Terms and Conditions of the Esterella Lingerie webshop
Article 1 Definitions ........................................................................................................................................
Article 2 Our identity .......................................................................................................................................
Article 3 Applicability ................................................................................................................................
Article 4 Information ...................................................................................................................................
Article 5 Confirmation and security ..........................................................................................................
Article 6 Right of withdrawal upon delivery of products .............................................................................
Article 7 Right of withdrawal for the supply of services and digital content that are not tangible
carrier has been delivered .....................................................................................................................................
Article 8 Exclusion of the right of withdrawal .............................................................................................................
Article 9 Termination by revocation .............................................................................................................
Article 10 The price .................................................................................................................................................
Article 11 Conformity and warranty ............................................................................................................
Article 12 Delivery and execution .............................................................................................................
Article 13 Long-term transactions: termination, extension and duration ............................................................................
Article 14 Payment ......................................................................................................................................
Article 15 Complaints procedure ........................................................................................................................
Article 16 Intellectual property .............................................................................................................................
Article 17 Personal data ..................................................................................................................................
Article 18 Applicable law and competent court ............................................................................................
Article 19 Links ..........................................................................................................................................
Article 20 Your data ........................................................................................................................................
Article 21 Additional or deviating provisions .................................................................................................
Article 1 Definitions
In these general terms and conditions we understand the following terms to mean:
1. We: the natural or legal person who offers products and/or services remotely to consumers; in this case, the online store where you made the purchase.
2.You: this is you; the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with us.
3. Distance contract: a contract whereby exclusive or partial use is made of one or more techniques for distance communication (see no. 4) for the sale of a product, service or digital content up to and including the conclusion of the contract, for example an order from an online store, but also telephone or written orders.
4. Remote communication technology: a means that can be used to conclude an agreement without you and us being in the same room at the same time; for example, telephone or internet.
5. Reflection period: the period within which you can make use of the right of withdrawal.
6. Right of withdrawal: your option to cancel the distance contract within the cooling-off period.
7.Day: calendar day.
8. Duration transaction: a distance contract for a series of products, services or digital content, the supply and/or purchase obligation of which is spread over time.
9. Durable medium: any means by which you can store information addressed personally to you, whereby that information can be consulted at a later time and which allows the unchanged reproduction of that information, e.g. a CD-ROM or a USB stick.
10. Digital content: data produced and supplied in digital form
Article 2 Our identity
Esterella Lingerie BV
Town Hall Street, 40 6411HM Heerlen Limburg Netherlands
Phone number: +31-45-5714103
Accessibility: Good
Email address: klantenservice@esterella.nl
Chamber of Commerce number: 98061232
VAT identification number: NL868342944B01
Bank account number (IBAN and BIC): NL91RABO0230935435 RABONL2U
Article 3 Applicability
1.These general terms and conditions apply to every offer from us and to every distance contract concluded between you and us.
2. These terms and conditions are available to you before you conclude the distance contract. If this is not reasonably possible, we will indicate where and how you can view the terms and conditions. If you prefer, we will send you the terms and conditions free of charge as soon as possible.
3. If the distance contract is concluded electronically, we may, other than in the previous section and even before the contract is concluded, make these general terms and conditions available to you electronically. We will do so in a way that allows you to easily store them on a durable data carrier. If this is not reasonably possible, we will indicate where and how you can view these general terms and conditions electronically. Upon your request, we will send them to you electronically as soon as possible, free of charge.
4. If, in addition to our general terms and conditions, specific product or service terms apply, paragraphs 2 and 3 also apply. If conflicting terms and conditions apply, you can rely on the provision that is most favorable to you.
Article 4 Information
1. Before you complete the purchase, we will provide you with information that will help you properly evaluate the offer, such as a description and images of the product, service, and/or digital content that accurately reflect the actual product. You will also receive clear information about your rights and obligations, such as:
1. the total price to be paid, including, for example, any disposal contribution or delivery costs;
2. the manner in which the agreement is concluded;
3.whether or not the right of withdrawal applies;
4. the method of payment, delivery or performance of the agreement;
5. the period during which the price or the option to accept the offer applies;
6. the rates you must pay if you want to contact us, if this is different from the basic rate;
7. the manner in which you become aware of actions you do not want to take before concluding the agreement, as well as the manner in which you can rectify these before the agreement is concluded;
8. any languages in which, in addition to Dutch, the agreement can be concluded;
9. the codes of conduct that we must adhere to and how you can view these codes of conduct electronically;
10. the way in which you can access the data we have stored about you; and
11. the minimum duration of the distance contract, if it concerns a long-term transaction.
2. You will receive the following information from us no later than upon delivery of the product, service, or digital content. You will receive this information in writing or in a format that you can easily save on a durable data carrier (e.g., a CD-ROM or USB stick):
a.our visiting address, where you can file a complaint;
b. whether you have a right of withdrawal and, if you have a right of withdrawal, how you can exercise it;
c.information about existing after-sales service and guarantees;
d. the data referred to in paragraph 1 above, unless you have already received them before the agreement is executed;
e. the conditions for terminating the agreement if it lasts longer than one year or is of indefinite duration;
f. if you have a right of withdrawal, the model withdrawal form.
3. In the case of a long-term transaction, paragraph 2 only applies to the first delivery.
Article 5 Confirmation and security
1. Once you have placed an order, you will receive an electronic confirmation from us. Until this confirmation has been received, you can still cancel the purchase by terminating the agreement (see Article 9).
2. If you order online, we secure the data exchanged and the online environment. If you pay electronically, we ensure appropriate security measures are in place.
3. We may investigate whether you can meet your payment obligations and whether you can responsibly enter into the distance contract, as long as we comply with the law. For example, we may check whether you are registered with the Credit Registration Office. If we have good reason not to enter into the contract, we may refuse your order or application with a reasoned explanation or impose special conditions on its execution.
Article 6 Right of withdrawal upon delivery of products
When purchasing products, you have a reflection period of at least 14 days.
1. The cooling-off period commences on the day after you receive the product or a third party designated by you has received it; or:
a. If you ordered multiple products in a single order: the day on which you, or a third party designated by you—other than the carrier—received the last product. We may refuse an order for multiple products with different delivery times, provided we have clearly informed you of this prior to the ordering process.
b. if the delivery of a product consists of multiple shipments or parts: the day on which you or another person designated by you - other than the carrier - received the last shipment or the last part;
c. for agreements for regular delivery of products during a specific period: the day on which you received the first product from another party designated by you - other than the carrier.
2. During the cooling-off period, you may cancel the agreement (see Article 9 for how to do this).
3. During the cooling-off period, you must handle the product and its packaging with care. This means that you must only unpack or use the product to the extent necessary to assess whether you wish to keep it. If you exercise your right of withdrawal, please return the product to us with all accessories supplied and, if reasonably possible, in its original condition and packaging. We will inform you how to do this. This information must be reasonable and clear, as required by law.
4. If you exercise your right of withdrawal, you will pay at most the costs of return.
5. We will refund all other costs you have already paid, including delivery costs, as soon as possible, but no later than 14 days from the day after you notified us of your cancellation. If we do not collect the product ourselves, we may withhold reimbursement until we have received the product or until you have demonstrated that the product has been returned. We will refund you at the earliest opportunity.
Article 7 Right of withdrawal for the supply of services and digital content not supplied on a tangible medium
1. For the delivery of services and digital content not supplied on a tangible medium, you have a cooling-off period of at least 14 days. The cooling-off period begins on the day after you enter into the agreement. During the cooling-off period, you can cancel the agreement without giving a reason.
2. We will provide you with information on how to exercise your right of withdrawal in the offer, or at the latest upon delivery of the service. This information must be reasonable and clear.
3. We will refund all costs you have already paid as soon as possible, but no later than 14 days from the day after you notified us of the cancellation.
Article 8 Exclusion of right of withdrawal
In some cases, you do not have a right of withdrawal. In such cases, we must clearly state this before the agreement is concluded. This applies to:
1. Products or services whose price is subject to fluctuations in the financial market over which we have no influence and which fluctuations may occur within the withdrawal period;
2. Agreements concluded during a public auction. By a public auction, we mean a sales method in which we offer products, services, and/or digital content to you while you are present in person or are given the opportunity to be present in person at the auction, under the supervision of an auctioneer, and in which the successful bidder is obligated to purchase the products, services, and/or digital content;
3. Service agreements, after full performance of the service, but only if:
a.the performance has begun with your express prior consent and
you have stated that you will lose your right of withdrawal once we have fully performed the agreement;
4. Service agreements for the provision of accommodation, if the agreement specifies a specific date or period of performance and is other than for residential purposes, the transport of goods, car rental services and catering;
5. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
6. Agreements on leisure activities, if the agreement specifies a specific date or period of performance;
7. Products manufactured to your specifications, which are not prefabricated and which are manufactured on the basis of your individual choice or decision, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products which are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
10. Products which after delivery are irreversibly mixed with other products by their nature;
11.Alcoholic beverages, the price of which was agreed upon at the time the contract was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which we have no influence;
12. Sealed audio, video recordings and computer software of which you have broken the seal;
13. Individual Newspapers and Magazines with the exception of subscriptions thereto;
14.The supply of digital content other than on a tangible medium, but only if:
a. the performance has begun with your express prior consent; and
you have stated that you thereby lose your right of withdrawal.
Article 9 Termination by revocation
1. You can cancel the agreement free of charge within the cooling-off period and even if you have not yet received the order (see Article 6 for products, Article 7 for services and/or digital content and Article 8 for possible exceptions).
2. To exercise your right of withdrawal, you must notify us of your withdrawal. This can be done using the model withdrawal form or in another unambiguous manner.
3. If we enable you to notify us of your revocation electronically, we will send you an acknowledgement of receipt immediately after receiving this notification.
4. We may ask you for the reason for your cancellation, but you are not obliged to provide it.
5. You must return the product to us as soon as possible, but within 14 days from the day following the notification referred to in paragraph 2, or hand it over to us (or an authorized representative of us). This is not necessary if we have offered to collect the product ourselves. You have met the return deadline if you return the product before the cooling-off period has expired.
6. You return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by us.
7. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with you.
8. You will pay the direct costs of returning the product. If we haven't informed you that you will bear these costs, or if we indicate that you will bear the costs yourself, you will not be required to pay the return costs.
9. If you revoke after having first expressly requested that the performance of the service begin during the cooling-off period, you owe us an amount which is in proportion to the part of the service we have performed up to the time of revocation compared with the full performance of the service.
10. You will not bear any costs for the performance of services if:
a.we have not provided you with the legally required information about the right of withdrawal, the costs incurred in the event of withdrawal or the model withdrawal form, or;
but you have not expressly requested that the performance of the service commence during the cooling-off period.
11. You shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:.
if, prior to delivery, you have not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
but you have not acknowledged that you lose your right of withdrawal by giving your consent; or .
c.We Have Failed to Confirm This Statement From You.
12. If you exercise your right of withdrawal, all additional agreements will be terminated by operation of law.
13. We will use the same payment method you originally used for the refund, unless you agree otherwise. The refund is free of charge for you.
14. If you have chosen a more expensive delivery method than the cheapest standard delivery, we are not required to refund the additional costs for the more expensive method.
Article 10 The price
1. We may not increase the price of the offered service or product during the validity period stated in the offer, except as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, we may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which we have no control. In such cases, we will state in the offer this subject to fluctuations and the fact that any prices stated are target prices.
3.We may only increase the price within 3 months after the conclusion of the agreement if the increase is the result of statutory regulations or provisions.
4.We may only increase the price from 3 months after the conclusion of the agreement if we have agreed to this prior to concluding the agreement and:
a. the price increase is the result of statutory regulations or provisions; or
but you can cancel the agreement on the day on which the price increase takes effect.
- All prices include VAT.
Article 11 Conformity and warranty
1. We guarantee that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. We also guarantee that the products and/or services will be used for purposes other than normal, if you have agreed to this with us.
2. We, a manufacturer, or an importer may offer you a warranty. This warranty does not affect your rights and claims in the event of a breach of our obligations under the law and/or the distance contract.
Article 12 Delivery and execution
1.We take the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. We consider the address you provide to us as the place of delivery.
3. We will execute accepted orders expeditiously, at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, you will receive notification of this no later than one month after the order was placed.
placing the order. In that case, you have the right to cancel the agreement without charge and are entitled to any compensation.
4. In the event of termination on the basis of the previous paragraph, we will immediately refund the amount you have paid.
5. The risk of damage and/or loss of products remains with us until the moment of delivery to you or a previously designated representative known to us, unless expressly agreed otherwise.
Article 13 Long-term transactions: termination, extension and duration
Cancellation:
1. You can cancel an agreement for an indefinite period that concerns a long-term transaction at any time, as long as you adhere to the agreed cancellation rules and with a notice period of no more than one month.
2. You can cancel a fixed-term contract that concerns a long-term transaction at any time towards the end of the fixed term, as long as you adhere to the agreed cancellation rules and with a notice period of no more than one month.
3.You can terminate the agreements in paragraphs 1 and 2 of this article:
-cancel at any time and not be limited to termination at a specific time or during a specific period;
-at least cancel in the same manner as you entered into the agreement;
-always cancel with the same notice period as we have indicated for ourselves.
Extension:
4.A fixed-term contract that constitutes a long-term transaction may not be tacitly extended or renewed for a fixed period.
5. Notwithstanding the previous paragraph, a fixed-term agreement concerning long-term transactions for daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months, provided that you can cancel this extended agreement at the end of the extension period with a notice period of no more than one month.
6. A fixed-term agreement that constitutes a long-term transaction may only be tacitly extended for an indefinite period if you can cancel it at any time with a notice period of no more than one month. The notice period is a maximum of three months for an agreement for the delivery of daily, news, and weekly newspapers, which are delivered less than once a month.
7. An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines for trial purposes (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period.
Duration:
8. If an agreement lasts longer than one year, you may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 14 Payment
- Unless otherwise agreed, you must pay the amounts due within 14 days from the day after the cooling-off period begins. If different products from a single order are delivered at different times, the payment period begins after the last product is delivered. In the case of a service agreement, you must pay within 14 days of receiving our confirmation of the agreement. If you do not have a cooling-off period, you must pay within 14 days from the day after the agreement was concluded.
- In the case of a distance purchase, the general terms and conditions may never request an advance payment of more than 50% and, unless otherwise agreed, you must pay (the remainder of) the purchase price upon delivery of the order or after the service has been provided.
- You have a duty to immediately report any inaccuracies in payment details provided or stated to us.
- If you fail to pay (on time), we reserve the right to charge reasonable extrajudicial collection costs, which we have previously notified you of. The amount of these costs is legally capped. We may deviate from this limit to your advantage.
- You must be at least 18 years old to use BNBL deferred payment with Klarna. Paying on time prevents additional charges and ensures you can use Klarna's services again in the future. By continuing, you accept the Terms and Conditions and confirm that you you have read the Privacy Statement and Cookie Statement.
Article 15 Complaints procedure
1.We have a complaints procedure that is sufficiently well-known and we will handle your complaint as described in this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to us fully and clearly described within a reasonable time after you have discovered the defects.
3. Complaints submitted will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, we will respond within 14 days with an acknowledgement of receipt and an indication of when you can expect a more detailed response.
4. If you have a complaint, you can always register it with the European ODR platform via http://ec.europa.eu/odr
Article 16 Intellectual property
As a consumer, you expressly acknowledge that all intellectual property rights to the information, communications, or other expressions displayed regarding the products and/or the website belong to us, our suppliers, or other rights holders.
Article 17 Personal data
We process your data solely in accordance with our privacy policy, complying with applicable regulations.
Article 18 Applicable law and competent court
All our offers, the agreements between you and us, and the execution thereof are exclusively governed by Dutch law.
Article 19 Links
Our website may contain third-party advertisements or links to other sites. We have no control over the privacy policies of these third parties or their sites, and we are not responsible for them.
Article 20 Your data
You can always email us to ask us which of your data we are processing. You can also email us to request improvements, additions, or other corrections, which we will process as quickly as possible. If you no longer wish to receive information, please let us know. Information will only be sent if you have provided your email address.
Article 21 Additional or deviating provisions
Additional provisions or provisions that deviate from these terms and conditions may not disadvantage you. These provisions must be recorded in writing or be available in such a way that you can store them in an accessible manner on a durable medium.