General Terms and Conditions

Welcome to Dolcefashion.com, managed by Dolcefashion. Please read these Terms and Conditions carefully before visiting our website or using our services. By visiting our website and using our services, you agree to the terms described in these Terms and Conditions.

Article 1 – Definitions

In these terms, the following definitions apply:

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

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

  • Day: Calendar day;

  • Continuous transaction: A distance contract regarding a series of products and/or services, for which the supply and/or purchase obligation is spread over time;

  • Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;

  • 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 remotely to consumers;

  • Distance contract: A contract concluded within the framework of an organized system for distance sales of products and/or services by the entrepreneur, using one or more techniques for remote communication until the conclusion of the contract;

  • Remote communication technique: A means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same space simultaneously;

  • Terms and Conditions: The present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Article 3 – Applicability

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

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

If the distance contract is concluded electronically, the text of these terms and conditions may be provided electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not possible, it will be stated where the terms can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly. In case of conflicting terms, the consumer may always rely on the most favorable provision.

If any provision of these terms and conditions is wholly or partially void or annulled, the agreement and the remaining conditions remain in force, and the void provision will be replaced in mutual consultation with a provision that closely aligns with the original intent.

Situations not regulated in these terms should be assessed "in the spirit" of these terms. Uncertainties about the interpretation or content of one or more provisions should also be interpreted "in the spirit" of these terms.

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 adapt the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true 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 lead to compensation or contract termination. The images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information for the consumer to understand the rights and obligations associated with acceptance, particularly:

  • The price, excluding customs duties and import VAT. These additional costs are at the customer’s risk. The postal and/or courier service will use the special arrangement for postal courier services. This applies when goods are imported into the EU destination country. The postal or courier service will collect VAT (along with any customs clearance fees) from the recipient;

  • Possible shipping costs;

  • The method by which the contract will be concluded and the necessary actions;

  • Whether the right of withdrawal applies;

  • The method of payment, delivery, and contract execution;

  • The deadline for accepting the offer or the period within which the entrepreneur guarantees the price;

  • The cost of remote communication if it differs from the standard base rate for the communication method used;

  • Whether the contract will be archived and, if so, how it can be accessed by the consumer;

  • The way in which the consumer, before concluding the contract, can check and correct their provided information;

  • Any languages, besides Dutch, in which the contract can be concluded;

  • The codes of conduct the entrepreneur adheres to and how the consumer can consult them electronically; and

  • The minimum duration of the distance contract in case of a continuous transaction.

Optional: Available sizes, colors, material types.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the specified conditions.

If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of acceptance electronically. As long as receipt has not been confirmed, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur ensures appropriate technical and organizational security measures for electronic data transfer and provides a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may—within legal frameworks—investigate whether the consumer can meet their payment obligations and assess relevant factors for responsibly entering a distance contract. If justified, the entrepreneur may refuse an order or attach special conditions to its execution.

The entrepreneur will send the following information with the product or service in a way that allows storage on a durable medium:

  1. The business address for complaints;

  2. The conditions and method for exercising the right of withdrawal, or a clear statement if withdrawal is excluded;

  3. Information on warranties and post-purchase services;

  4. The data mentioned in Article 4, paragraph 3, unless already provided before the contract;

  5. The conditions for terminating the contract if it has a duration of more than one year or is indefinite.

For continuous transactions, the above applies only to the first delivery.

Each contract is concluded under the suspensive condition of sufficient product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 14 days. This cooling-off period starts the day after the consumer or a designated representative, previously communicated to the entrepreneur, receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. Notification must be made in writing or via email. Once the consumer has notified their intent to withdraw, they must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example, by means of a shipping receipt.

If the consumer does not notify the entrepreneur of their withdrawal within the timeframes specified in paragraphs 2 and 3, or if the product is not returned to the entrepreneur, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs shall be borne by the consumer.

If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is subject to the condition that the product has already been received by the retailer, or that conclusive proof of complete return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

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

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

  1. That have been manufactured according to consumer specifications;

  2. That are clearly personal in nature;

  3. That, by their nature, cannot be returned;

  4. That can spoil or age quickly;

  5. Whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;

  6. That are individual newspapers or magazines;

  7. That are audio or video recordings or computer software whose seal has been broken by the consumer;

  8. That are hygiene products whose seal has been broken by the consumer.

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

  1. Related to lodging, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;

  2. Whose performance has begun with the explicit consent of the consumer before the cooling-off period has expired;

  3. Related to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if they are subject to fluctuations in the financial market that are beyond the entrepreneur’s control. The fact that prices may vary and that any listed prices are guide prices must be stated in the offer.

Price increases within 3 months of concluding the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after concluding the agreement are only permitted if the entrepreneur has stipulated this and:

  1. They result from statutory regulations or provisions; or

  2. The consumer has the right to terminate the agreement as of the date the price increase takes effect.

The place of delivery is determined based on Article 5(1) of the Dutch Turnover Tax Act of 1968, meaning that the delivery takes place outside the EU. As a result, the postal or courier service will charge the recipient import VAT and/or customs clearance fees. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and usability, and the existing legal provisions and/or government regulations on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert under the agreement.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. 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 ultimate suitability of the products for each individual consumer application, 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, handled carelessly, or treated contrary to the entrepreneur’s instructions and/or the packaging;

  • The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing product orders.

The delivery address shall be the address provided by the consumer to the company.

With due observance of Article 4 of these general terms and conditions, the company shall execute accepted orders promptly and 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 be fulfilled or is only partially fulfilled, the consumer shall be informed no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and may be entitled to compensation.

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

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to offer a substitute product. At the latest upon delivery, it shall be clearly and comprehensibly stated that a substitute item is being provided. In the case of substitute items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.

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

Article 12 – Ongoing Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an indefinite-term agreement for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate a fixed-term agreement for the regular delivery of products (including electricity) or services at the end of the agreed term, subject to the agreed termination rules and a maximum notice period of one month.

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

  • At any time, without being restricted to termination at a specific time or period;

  • At least in the same manner as they were entered into;

  • With the same notice period as the entrepreneur has set for itself.

Renewal

A fixed-term agreement for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

By way of exception, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a maximum of three months, provided the consumer can terminate the extended agreement at the end of the renewal period with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and no more than three months in cases where the agreement entails the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

A trial or introductory subscription for the regular delivery of daily, news, and weekly newspapers and magazines shall not be automatically renewed and shall end automatically after the trial or introductory period.

Duration

If an agreement lasts more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the agreed term ends.

Article 13 – Payment

Unless otherwise agreed, the amounts payable by the consumer must be paid within seven business days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.

In case of non-payment by the consumer, and subject to legal limitations, the entrepreneur has the right to charge reasonable costs that were communicated in advance to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within seven days after the consumer has discovered the defects. The complaint must be described fully and clearly.

The entrepreneur shall respond to complaints within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual consultation, it becomes a dispute subject to the dispute resolution procedure.

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

If a complaint is deemed justified by the entrepreneur, the entrepreneur shall, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.