Terms of service

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;

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

Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;

Day: calendar day;

Digital content: data produced and supplied in digital form;

Durable medium: any tool - including email - that enables the consumer or trader to store information addressed personally to them in a way that makes future consultation or use possible for a period aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;

Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partial use is made of one or more means of distance communication;

Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;

Means of distance communication: a means that can be used for concluding an agreement, without the consumer and trader having to be in the same place at the same time.

ARTICLE 2 - IDENTITY OF THE TRADER

Name of the trader: Denim Dedicated B.V.
Trading under the name: ETIQUETT ESSENTIALS

Registered address:
Konvintspaad 4
8468 BL Haskerdijken

Email address: info@etiquett-essentials.com
Availability: Monday to Friday between 9:00 AM and 5:00 PM

Chamber of Commerce number: 90537688
VAT identification number: NL865352124B01

ARTICLE 3 - APPLICABILITY

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

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

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

If, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to them.

ARTICLE 4 - THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these shall be a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

ARTICLE 5 - THE AGREEMENT

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader shall observe appropriate security measures.

Within legal limits, the trader may assess whether the consumer can meet their payment obligations, as well as all facts and factors relevant to entering into the distance contract responsibly. If, based on this investigation, the trader has valid grounds not to conclude the agreement, they are entitled to refuse an order or application, stating the reasons, or to attach special conditions to its execution.

No later than upon delivery of the product, service or digital content to the consumer, the trader shall provide the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the trader’s establishment where the consumer can lodge complaints;
b. the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content and, where applicable, the delivery costs and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model withdrawal form.

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

ARTICLE 6 - RIGHT OF WITHDRAWAL

For products:

The consumer may withdraw from an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).

The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
a. if the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. Provided that the trader has clearly informed the consumer of this before the ordering process, the trader may refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
c. in the case of agreements for the regular delivery of products during a specific period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not supplied on a tangible medium:
3. The consumer may withdraw from a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 30 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).

The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium if the consumer has not been informed about the right of withdrawal:
5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

If the trader provides the information referred to in the previous paragraph to the consumer within twelve months after the starting date of the original cooling-off period, the cooling-off period expires 30 days after the day on which the consumer received that information.

ARTICLE 7 - OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD

During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.

The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.

The consumer is not liable for any diminished value of the product if the trader has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

ARTICLE 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND THE COSTS THEREOF

If the consumer exercises their right of withdrawal, they shall notify the trader within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the trader or a person authorised by the trader. This is not required if the trader has offered to collect the product themselves. The consumer has in any case observed the return period if they send back the product before the cooling-off period has expired.

The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

Returns can be made via a return label that the customer can request by email. The return costs are €6.95 within the Netherlands and €9.95 for returns from abroad.

If the consumer withdraws after having expressly requested that the performance of the service, which has not been made ready for sale in a limited volume or specified quantity, begins during the cooling-off period, the consumer shall owe the trader an amount proportionate to the part of the obligation already performed by the trader at the moment of withdrawal, compared with full performance of the obligation.

The consumer shall bear no costs for the performance of services not made ready for sale in a limited volume or quantity if:
a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service during the cooling-off period.

The consumer shall bear no costs for the full or partial supply of digital content not supplied on a tangible medium if:
a. prior to delivery, they have not expressly agreed to the commencement of performance of the agreement before the end of the cooling-off period;
b. they have not acknowledged losing their right of withdrawal when giving their consent; or
c. the trader has failed to confirm this statement made by the consumer.

If the consumer exercises their right of withdrawal, all supplementary agreements shall be dissolved by operation of law.

ARTICLE 9 - OBLIGATIONS OF THE TRADER IN THE EVENT OF WITHDRAWAL

If the trader makes it possible for the consumer to notify withdrawal electronically, they shall send an acknowledgment of receipt without delay after receiving this notification.

The trader shall reimburse all payments within 14 days after the day on which the consumer reports the withdrawal. The trader may wait to refund until the product has been received or until the consumer demonstrates that the product has been returned, unless the trader offers to collect the product themselves. They may wait to refund until they have received the product or until the consumer demonstrates that the product has been returned, whichever occurs first.

The trader shall use the same payment method for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader is not obliged to reimburse the additional costs for the more expensive method.

ARTICLE 10 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

Products or services whose price is linked to fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period;

Agreements concluded during a public auction. A public auction is defined as a sales method whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;

Service agreements, after full performance of the service, but only if:
a. performance has begun with the consumer’s express prior consent; and
b. the consumer has declared that they lose their right of withdrawal as soon as the trader has fully performed the agreement;

Service agreements for the supply of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;

Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;

Products made to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

Products that spoil quickly or have a limited shelf life;

Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

Products which, after delivery, are by their nature irreversibly mixed with other products;

Alcoholic beverages, the price of which was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no control;

Sealed audio, video recordings and computer software, whose seal has been broken after delivery;

Newspapers, periodicals or magazines, with the exception of subscriptions thereto;

The supply of digital content other than on a tangible medium, but only if:
a. performance has begun with the consumer’s express prior consent; and
b. the consumer has declared that, by doing so, they lose their right of withdrawal.

ARTICLE 11 - 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 trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no control, at variable prices. This link to fluctuations and the fact that any stated prices are indicative prices shall be stated 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 from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
a. they result from legal regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

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

ARTICLE 12 - PERFORMANCE OF THE AGREEMENT AND ADDITIONAL GUARANTEE

The trader guarantees 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 existing on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

An additional guarantee provided by the trader, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to fulfil their part of the agreement.

An additional guarantee means any commitment by the trader, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event they have failed to fulfil their part of the agreement.

ARTICLE 13 - DELIVERY AND PERFORMANCE

The trader shall exercise the utmost care when receiving and performing orders for products and when assessing applications for the provision of services.

The place of delivery shall be the address made known by the consumer to the trader.

With due observance of what is stated in Article 4 of these terms and conditions, the trader shall execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, the trader shall immediately refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

ARTICLE 14 - CONTINUING AGREEMENTS: DURATION, TERMINATION AND RENEWAL

Termination:

The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a fixed period and which extends to the regular delivery of products or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or during a specific period;
at least in the same manner as they were entered into by them;
always with the same notice period as the trader has stipulated for themselves.

Renewal:

An agreement concluded for a fixed period and which extends to the regular delivery of products or services may not be tacitly renewed or extended for a fixed period.

By way of derogation from the previous paragraph, an agreement concluded for a fixed period and which extends to the regular delivery of daily newspapers, news papers, weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can terminate this renewed agreement towards the end of the renewal with a notice period of no more than one month.

An agreement concluded for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period shall be no more than three months if the agreement extends to the regular, but less than monthly, delivery of daily newspapers, news papers, weekly newspapers and magazines.

An agreement of limited duration for the regular introductory delivery of daily newspapers, news papers, weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically 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 reasonableness and fairness oppose termination before the end of the agreed term.

ARTICLE 15 - PAYMENT

Unless otherwise provided in the agreement or additional conditions, amounts owed by the consumer must be paid within 30 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 30 days after conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement.

In the sale of products to consumers, the consumer may never be obliged under general terms and conditions to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

The consumer is obliged to report inaccuracies in provided or stated payment details to the trader without delay.

If the consumer fails to fulfil their payment obligation(s) on time, after having been informed by the trader of the late payment and after the trader has granted the consumer a period of 30 days to still fulfil their payment obligations, and if payment is not made within this 30-day period, the consumer shall owe statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500, 10% on the next €2,500 and 5% on the following €5,000, with a minimum of €40. The trader may deviate from the said amounts and percentages in favour of the consumer.

ARTICLE 16 - COMPLAINTS PROCEDURE

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the trader within a reasonable time after the consumer has discovered the defects, fully and clearly described.

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

If the complaint cannot be resolved in mutual consultation within a reasonable time or within 3 months after the complaint has been submitted, a dispute arises that is subject to the dispute resolution procedure.

ARTICLE 17 - DISPUTES

Agreements between the trader and the consumer to which these terms and conditions apply are governed exclusively by Dutch law.

ARTICLE 18 - ADDITIONAL OR DEVIATING PROVISIONS

Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

ARTICLE 19 - SMS MARKETING

By signing up for our SMS service, you agree to receive text messages from us regarding products, offers, promotions or updates. You will receive these messages on the phone number you provided.

Message frequency: We send messages from time to time, depending on product launches or promotions. We aim not to send you more than 10 messages per month.

Costs: Your mobile provider may charge standard messaging and data fees. We are not responsible for any additional charges.

Unsubscribe: You can unsubscribe at any time by replying “STOP” to a message you have received. After unsubscribing, you will no longer receive SMS messages from us.

Privacy: Your data will be used solely for sending SMS messages as described above. We use Klaviyo as an external service provider for sending SMS messages. Klaviyo processes data on our behalf and in accordance with applicable privacy laws. More information about how we process your data can be found in our privacy policy.