Brown™ - Multifunctional Warm Waterproof Jacket

Article 1 - Definitions

In these conditions, the following definitions apply:

Withdrawal period: the period during which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;

Day: calendar day; 01-01-2024

Duration transaction: a distance contract for a series of products and/or services whose delivery and/or purchase obligation is spread over a certain period;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in such a way that future consultation and unchanged reproduction of the stored information is possible.

Right of withdrawal: the possibility for the consumer to cancel the distance contract within the withdrawal period;

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

Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, one or more means of distance communication are used exclusively until the conclusion of the contract;

Technique for distance communication: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same room at the same time.

Article 3 - Applicability

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

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the trader's premises and they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph and prior to the conclusion of the distance contract, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most advantageous to him.

If at any time one or more provisions of these General Terms and Conditions should be wholly or partially invalid or void, the remainder of the Agreement and these General Terms and Conditions shall remain in force and the provision in question shall be replaced immediately by mutual agreement with a provision that comes as close as possible to the meaning of the original provision.
Situations that are not covered by these General Terms and Conditions shall be assessed “in the spirit” of these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted “in the spirit” of these General Terms and Conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is authorised to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a correct assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement.

The images accompanying the products are a faithful representation of the products offered. The operator cannot guarantee that the colours shown correspond exactly to the actual colours of the products.

Each offer shall contain such information that the consumer is aware of the rights and obligations associated with the acceptance of the offer. This applies in particular to:

• the price, excluding customs clearance charges and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services with regard to imports. This applies when the goods are imported into the EU country of destination, which is the case in this instance. The postal and/or courier service will collect the VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;
• whether or not the right of cancellation applies;
• the method of payment, delivery and fulfilment of the contract
• the period for acceptance of the offer or the period within which the entrepreneur guarantees the price
• the amount of the distance communication tariff if the cost of using means of distance communication is calculated on a basis other than the standard basic tariff for the means of communication used
• whether the contract is archived after its conclusion and, if so, how the consumer can access it;
• the way in which the consumer can check and, if desired, correct the data he has provided under the agreement before it is concluded
• any other languages in which the agreement may be concluded in addition to Dutch;
• the codes of conduct to which the trader has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract if it is a fixed-term contract.
• Optional: available sizes, colours, types of materials.

Article 5 - The contract

Without prejudice to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions stated therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can - within the legal framework - find out whether the consumer can fulfil his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he is authorised to refuse an order or request or to attach special conditions to the performance, stating reasons.

The entrepreneur will provide the consumer with the following information with the product or service in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

• the visiting address of the trader's establishment to which the consumer can address his complaints;
• the conditions under which and the way in which the consumer can exercise his right of withdrawal or a clear statement on the exclusion of the right of withdrawal;
• the information on guarantees and existing after-sales service;
• the data referred to in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the conclusion of the contract;
• the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
• In the case of a fixed-term contract, the provision in the previous paragraph only applies to the first delivery.

Each contract is concluded subject to the condition precedent of sufficient availability of the products concerned.

Article 6 - Right of cancellation

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 30 days. This cooling-off period starts the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.

During the cooling-off period, the consumer must handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur in accordance with the reasonable and clear instructions given by the entrepreneur.

If the consumer wishes to make use of his right of cancellation, he is obliged to inform the entrepreneur of this within 30 days after receipt of the product. The consumer must notify this in the form of a written notification/email. Once the consumer has declared that he wishes to exercise his right of cancellation, he must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, e.g. by means of a proof of despatch.

If the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.

Artikel 7 - Omkostninger i tilfælde af fortrydelse

Hvis forbrugeren gør brug af sin fortrydelsesret, skal omkostningerne ved returnering af produkterne bæres af forbrugeren.

Hvis forbrugeren har betalt et beløb, refunderer iværksætteren dette beløb så hurtigt som muligt, men senest 30 dage efter annulleringen. Betingelsen for dette er, at produktet allerede er returneret til iværksætteren, eller at der kan fremlægges afgørende bevis for fuldstændig returnering.

Artikel 8 - Udelukkelse af fortrydelsesretten

Iværksætteren kan udelukke forbrugerens fortrydelsesret for produkter som beskrevet i stk. 2 og 3. Udelukkelsen af fortrydelsesretten gælder kun, hvis iværksætteren tydeligt har angivet dette i tilbuddet, i det mindste i god tid før kontraktens indgåelse.

Exclusion of the right of cancellation is only possible for products

• which the entrepreneur manufactures according to the consumer's specifications;
• which are clearly of a personalised nature;
• which cannot be returned due to their nature;
• which can spoil or age quickly;
• whose price is subject to fluctuations in the financial market over which the trader has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software whose seal has been broken by the consumer.
• for hygiene products whose seal has been broken by the consumer.

Exclusion of the right of cancellation is only possible for services

• relating to accommodation, transport, restaurant visits or leisure activities to be performed on a specific date or during a specific period;
• if the delivery has commenced with the consumer's express consent before the expiry of the cancellation period;
• On betting and lotteries.

Article 9 - Price

During the validity period stated in the offer, the prices of the offered products and / or services will not be increased, except in the event of price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the control of the entrepreneur, with variable prices. This connection to fluctuations and the fact that the stated prices are target prices is indicated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal provisions or regulations.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has accepted them and

• they follow from statutory provisions or regulations, or the consumer has the option to terminate the contract from the day on which the price increase takes effect.

According to Section 5(1) of the Turnover Tax Act 1968, the place of supply is the country where the transport begins. In this case, the delivery takes place outside the EU. As a result, the postal or courier service will collect the import VAT or customs clearance fees from the customer. Therefore, no VAT will be charged to the entrepreneur.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications in the offer, the reasonable requirements for suitability and / or usability and the legal provisions and / or government regulations that exist at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee from the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Defective or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never liable for the ultimate suitability of the products for each individual use by the consumer or for advice regarding the use or application of the products.

The warranty does not apply if:

• The Consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;
• The delivered products have been exposed to abnormal conditions or otherwise handled negligently or contrary to the instructions of the Entrepreneur and/or on the packaging;
• The defect is wholly or partly the result of regulations issued or to be issued by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and fulfilment

The Entrepreneur will take the greatest possible care when receiving and executing orders for Products.

The place of delivery is the address that the Consumer has brought to the attention of the Company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the Company will fulfil accepted orders as soon as possible, but no later than within 30 days, unless the Consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed of this within 30 days after the order was placed. In that case, the consumer has the right to cancel the contract free of charge and the right to possible compensation.

In the event of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

If delivery of an ordered product proves impossible, the entrepreneur will endeavour to deliver a replacement product. At the latest upon delivery, it will be communicated in a clear and understandable manner that a replacement item will be delivered. The right of cancellation cannot be excluded for replacement goods. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Fixed-term transactions: duration, termination and renewal

Cancellation

The consumer may terminate an open-ended contract concluded for the regular supply of products (including electricity) or services at any time, subject to the agreed cancellation rules and a maximum notice period of one month.

The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the term. The agreed cancellation rules and a maximum notice period of one month apply.

The consumer can change the agreements mentioned in the previous paragraphs:

• terminate them at any time and not be limited to termination at a specific time or for a specific period;
• terminate them at least as they were concluded by him;
• always terminate with the same notice period that the entrepreneur has set for himself.

Extension

A fixed-term contract for the regular supply of goods (including electricity) or services cannot be tacitly extended or renewed for a fixed term.

Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months if the consumer can terminate this renewed contract at the end of the renewal period with a maximum notice period of one month.

A fixed-term contract for the regular supply of goods or services may only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a maximum notice period of one month and with a maximum notice period of three months if the contract concerns the regular, but less than monthly, supply of daily or weekly magazines.

A fixed-term agreement for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and automatically terminates at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period not exceeding one month, unless fairness and justice prevent termination before the end of the agreed period.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the beginning of the withdrawal period referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts after the consumer has received a confirmation of the contract.

The consumer is obliged to immediately report any inaccuracies in the payment information provided or mentioned to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs that have been notified to the consumer in advance.

Article 14 - Complaints procedure

Complaints about the fulfilment of the contract must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the Operator's obligations unless the Operator indicates otherwise in writing.

If a complaint is found justified by the Operator, the Operator will, at its discretion, either replace or repair the Products supplied free of charge.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.

Article 16 - CESOP

Due to the measures introduced and tightened from 2024 with regard to the ‘Act amending the Value Added Tax Act 1968 (Act implementing the Payment Service Providers Directive)’ and thus the introduction of the Central Electronic Payment Information System (CESOP), payment service providers can register data in the European CESOP system.