Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following terms are defined as:

Cooling-off period: the period within which the consumer can exercise the right of withdrawal;

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

Day: calendar day;

Duration transaction: a distance contract regarding a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;

Durable data carrier: any medium that allows 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 withdraw from the distance contract within the cooling-off period;

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

Distance contract: a contract concluded as part of an organized system for the distance sale of products and/or services, where the agreement is concluded using one or more techniques for remote communication;

Technique for remote communication: a medium that can be used to conclude an agreement, without the consumer and entrepreneur being simultaneously present in the same space.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

L'Homme Élégant

Email address: info@lhomme-elegant.com

Article 3 – Applicability

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

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically before the distance contract is concluded, in such a way that it can be easily stored on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the consumer can access the general terms and conditions electronically, and that they will be sent to the consumer electronically or in another way, free of charge, upon request.

In case specific product or service terms and conditions also apply, the second and third paragraphs will apply correspondingly, and in case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will immediately be replaced by a provision that closely approximates the original intent.

Situations not regulated in these general terms and conditions should 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 terms should be explained "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 non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be the basis for a claim for compensation or termination of the contract.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information in such a way that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes, in particular:

  • The price including taxes;
  • The possible shipping costs;
  • The method by which the contract will be concluded and the actions required for this;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery, and execution of the agreement;
  • The period within which the offer can be accepted, or the period during which the entrepreneur guarantees the price;
  • The rate for communication via distance if the cost of using the communication technique is based on something other than the regular base rate for the communication medium;
  • Whether the agreement will be archived after it is concluded, and if so, how it can be consulted by the consumer;
  • The manner in which the consumer can check and, if desired, correct the data provided by him before concluding the agreement;
  • The possible other languages in which, in addition to Dutch, the agreement can be concluded;
  • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;
  • The minimum duration of the distance agreement in the case of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer electronically without delay. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer may cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal frameworks, verify whether the consumer can meet his payment obligations and assess all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has reasonable grounds not to enter into the agreement based on this investigation, he is entitled to refuse an order or application, or to attach special conditions to the execution.

The Entrepreneur will provide the consumer with the following information, either in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable data carrier:

  • The address of the entrepreneur’s establishment where the consumer can address complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification about the exclusion of the right of withdrawal;
  • Information about warranties and after-sales service;
  • The details included in article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the conclusion of the agreement;
  • The requirements for terminating the agreement if the agreement is for a period of more than one year or is for an indefinite duration.

In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to terminate the agreement without giving any reason within 14 days. This reflection period starts the day after the consumer has received the product or a representative designated by the consumer and made known to the entrepreneur.

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is required to notify the entrepreneur within 14 days after receiving the product. This notification should be made by the consumer through a written message/email. After the consumer has informed the entrepreneur of his intent to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned in a timely manner, for example, by providing a proof of shipment.

If the customer has not notified the entrepreneur of his intent to exercise the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase becomes final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises his right of withdrawal, the cost of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is conditional upon the product having already been received by the retailer or conclusive evidence of the complete return being provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • Created by the entrepreneur according to the consumer’s specifications;
  • Clearly personal in nature;
  • That cannot be returned due to their nature;
  • That can spoil or age quickly;
  • Whose price is linked to fluctuations in the financial market that the entrepreneur cannot influence;
  • For single newspapers and magazines;
  • For audio and video recordings and computer software if the consumer has broken the seal;
  • For hygiene products if the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • Relating to accommodation, transport, catering, or leisure activities to be provided on a specific date or within a specific period;
  • For which delivery has started with the consumer’s express consent before the reflection period has expired;
  • Regarding betting and lotteries.

Article 9 – Price

For the duration specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are linked to fluctuations in the financial market, and which the entrepreneur cannot influence, at variable prices. This link to fluctuations and the fact that any listed prices are indicative will be mentioned in the offer.

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

Price increases more than 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

  • They result from legal regulations or provisions; or
  • The consumer has the right to terminate the agreement as of the date the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. The entrepreneur is not liable for the consequences of printing and typographical errors. In case of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

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

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing 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 responsible for the final suitability of the products for any individual application by the consumer, nor for any 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 themselves or had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have been otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging instructions;
  • The defect is entirely or partially the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur will take the greatest possible care in receiving and performing orders for products.

The place of delivery is the address communicated by the consumer to the company.

Taking into account the provisions of article 4 of these general terms and conditions, the company will perform accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without any cost and is entitled to any compensation.

In the case of termination as per the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the time of delivery, it will be clearly and understandably stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of returning a replacement item are at the entrepreneur's expense.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and made known to the entrepreneur, unless otherwise agreed upon.

Article 12 – Duration Transactions: Duration, Termination, and Extension

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement that has been entered into for a definite period and that involves the regular delivery of products (including electricity) or services, at any time before the end of the agreed duration, subject to agreed termination rules and a notice period of no more than one month.

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

  • At any time, not limited to termination at a specific time or within a certain period;
  • At least in the same manner as they were entered into;
  • Always terminate with the same notice period as the entrepreneur has agreed to for themselves.

Extension

An agreement that has been entered into for a definite period and that involves the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a definite period.

In deviation from the previous paragraph, an agreement that has been entered into for a definite period and that involves the regular delivery of daily, news, and weekly newspapers, and magazines, may be automatically extended for a definite period of up to three months, provided the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.

An agreement entered into for a definite period and involving the regular delivery of products or services may only be extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, or with a notice period of no more than three months in the case of agreements for the regular but less than monthly delivery of daily, news, and weekly newspapers, and magazines.

An agreement with a limited duration for the regular trial delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not continue automatically and will end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless termination before the agreed duration is unreasonable.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the reflection period begins, as referred to in article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days in a clear and detailed manner after the consumer has discovered the defects.

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

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

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur has indicated otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.