General Terms and Conditions

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

Reflection period:

The period within which the consumer can exercise his right of withdrawal;

Consumer:

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

Day: calendar day:

Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time

Durable medium:

Any instrument that enables the consumer or trader to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

Right of withdrawal:

The option for the consumer to cancel the distance contract within the cooling-off period;

Entrepreneur:

The natural or legal person who offers products and/or services remotely to consumers;

Distance to:

An agreement concluded between the consumer and the trader within the framework of a system organised by the trader for the distance sale of goods and/or services, whereby up to and including the moment the agreement is concluded exclusive use is made of one or more means of distance communication.

General Terms and Conditions: the conventional general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

  • Vixenova
  • Email address: damianbranding@gmail.com
  • Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every position where a distance contract has been concluded and an order placed between the entrepreneur and the consumer.

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

In the case of a distance contract concluded electronically, these general terms and conditions will be made available to the consumer before the contract is concluded in such a way that they can be easily stored by the consumer on a durable data carrier.

If this is not reasonably possible, before concluding the agreement it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or in another way at the consumer's request.

If, in addition to these general terms and conditions, special product or service conditions also apply, paragraphs 2 and 3 may apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always rely on the application that is most inconsistent with his situation.
If one or more provisions of these Terms and Conditions are at any time null and void or annulled in whole or in part, the remainder of the agreement and these Terms and Conditions will remain in force and the relevant decisive provision will be replaced without delay, in decisive consultation, by a purport that approximates the decisive provision as closely as possible.

Situations not covered by these Terms and Conditions must be
assessed "in the spirit" of these General Terms and Conditions.

Possible ambiguities regarding the interpretation of the contents of one or
more provisions of our Terms and Conditions must be interpreted "in the spirit" of these Terms and Conditions.

Article 4 – The offer

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

2. The offer is subject to change. The entrepreneur reserves the right to modify or adjust the offer.

3. 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 properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.

4. All images, specifications, and information in the offer are indicative and cannot give rise to compensation or termination of the agreement. The products depicted are as accurate a representation as possible of the actual products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

5. Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This includes, in particular:

    • The price, excluding any import VAT and customs clearance fees. These additional costs are the customer's responsibility and risk. For deliveries within an EU country, the postal or courier service may charge VAT and customs clearance fees based on the applicable regulations. In that case, the postal or courier service will collect these costs from the recipient of the goods.
    • any shipping costs;
    • the manner in which the agreement is concluded and the actions required for this;
    • whether the right of withdrawal applies;
    • the method of payment, delivery and execution of the agreement;
    • the period for accepting the offer, or the period during which the price remains valid;
    • the rate for distance communication if this differs from the basic rate;
    • whether the agreement is archived after it has been concluded and, if so, how it can be consulted by the consumer;
    • the manner in which the consumer can check and, if necessary, correct the data provided by him before concluding the contract;
    • the languages in which the agreement can be concluded, in addition to Dutch;
    • the codes of conduct to which the entrepreneur is bound and the way in which the consumer can consult these codes electronically;
    • the minimum duration of the distance contract if it is a continuing performance contract.
    • Optionally, available sizes, colours and material types can also be indicated, if applicable to the product.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set therein.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of this acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may cancel the agreement.

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

4. The entrepreneur has the right – within legal frameworks – to obtain information about the consumer's ability to meet their payment obligations, as well as other relevant facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the contract, they are entitled to refuse an order or request or to impose special conditions on its execution.

5. The entrepreneur shall provide the consumer, at the latest upon delivery of the product or service, with the following information in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

  • the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
  • information about warranties and existing after-sales service;
  • the information as stated in Article 4, paragraph 5 of these terms and conditions, unless the entrepreneur has already provided these to the consumer prior to the execution of the agreement;
  • the conditions for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

6. In the case of a continuing performance agreement, the provisions of the previous paragraph only apply to the first delivery.

7. Each agreement is concluded under the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products through the webshop, the consumer has the right to cancel the agreement without giving reasons during a reflection period of 14 days . This cooling-off period begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, receives the product.

During the cooling-off period, the consumer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to determine the nature, characteristics, and functioning of the product. If the consumer wishes to exercise their right of withdrawal, they must return the product with all accessories supplied, if reasonably possible in the original condition and packaging, to the entrepreneur. The consumer must follow the reasonable and clear return instructions provided by the entrepreneur.

Return process:

  • The consumer must inform the entrepreneur of his or her wish to cancel within 14 days of receiving the product by email or in writing.
  • After this notification the product must be returned within 14 days.
  • Returns should be sent to the supplier's returns address in China , which the consumer receives after starting the return procedure.
  • The costs for return shipping are entirely borne by the consumer.
  • The consumer must provide valid proof of shipping, preferably with a clear photo of the shipping label and the track & trace code , on which all data is clearly legible.

If the consumer does not notify the withdrawal within the stated period of 14 days, or does not return the product within 14 days of notification, the right of withdrawal lapses and the purchase becomes final.

Exclusion of the right of withdrawal:

For hygiene reasons, certain items cannot be returned or exchanged. This includes (but is not limited to):

  • Underwear
  • Lingerie
  • Swimwear
  • Tights
  • Care products
    If these items have been tried on, used, or the seal has been broken, returns are not possible.

Article 7 – Costs in case of revocation

If the consumer exercises his right of withdrawal, the direct costs of returning the product will be borne by the consumer. at the consumer's expense .

Returns are shipped directly to our supplier in China , the return address of which will be provided to the consumer once the return procedure is initiated.

If the consumer has already made a payment, the entrepreneur will refund the paid amount as soon as possible, but no later than 14 days after receipt of the cancellation notice , refund. However, the refund will only be made after the returned product has actually been received by the entrepreneur or its supplier , or after the consumer has provided sufficient proof that the product has actually been returned (for example via a shipping receipt with tracking information).

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the right of withdrawal for certain products and services, provided that this is clearly stated in the offer and communicated to the consumer in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is possible for products, among others:

  • that for hygienic or health reasons Are not suitable for return and were unsealed after delivery. This includes, but is not limited to:
    • underwear ,
    • lingerie ,
    • swimwear ,
    • tights ,
    • care products ;
  • that be personal in nature or are manufactured according to consumer specifications;
  • that spoil quickly or have a limited shelf life;
  • the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence;
  • which consist of loose newspapers or magazines ;
  • for audio or video recordings or computer software , the seal of which has been broken after delivery.

For services, the right of withdrawal may be excluded if:

1. the service relates to accommodation, transport, catering or leisure activities on a specific date or during a specific period;

2. the performance has begun with the consumer's express prior consent before the cooling-off period expires.

Article 9 – The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates or other legal regulations.

Notwithstanding the above, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market – over which the entrepreneur has no control – at variable prices. In that case, this will be clearly stated in the offer, as well as the fact that the stated prices may be target prices.

Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from three months after the conclusion of the agreement are only permitted if:

  • these are the result of statutory regulations or provisions; or
  • the consumer has explicitly agreed to this and the consumer has the option to terminate the agreement with effect from the day on which the price increase takes effect.

International delivery and import charges
According to Article 5, paragraph 1, of the Turnover Tax Act 1968, the place of delivery is the country from which the product is shipped. If this is outside the EU (such as in the case of dropshipping from China), the delivery takes place outside the EU.

In that case, upon import into the country of destination (for example the Netherlands), VAT and/or customs clearance costs The postal or courier service will charge the consumer for these costs. The entrepreneur does not charge these costs and is not responsible for them.

Reservation for printing and typographical errors
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of a clear price error, the entrepreneur is not obligated to supply the product at the incorrect price.

Article 10 – Compliance and warranty

The entrepreneur guarantees that the delivered products and/or services comply with the agreement, the specifications stated in the offer, and reasonable requirements of soundness and/or usability. They also comply with the legal provisions and government regulations applicable at the time of delivery.

If expressly agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Warranty
Any additional warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer already has under the law or the agreement.

Any defects or incorrectly delivered products must be reported within 14 days after delivery must be reported to the entrepreneur in writing. Products must be returned in their original condition, with undamaged packaging, and, if reasonably possible, in unused and saleable condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period.

The warranty does not apply in the following cases:

  • The consumer has repaired or modified the delivered products himself, or has had them repaired or modified by third parties;
  • The products have been exposed to abnormal conditions or have been treated carelessly or contrary to the entrepreneur's instructions for use;
  • The defects are wholly or partly the result of regulations established by the government with regard to the nature or quality of the materials used.

The entrepreneur is not responsible for the ultimate suitability of the products for an individual or specific purpose of the consumer, nor for any advice regarding the use or application of the products.

Article 11 – Delivery and execution

The entrepreneur will take the utmost care when receiving orders and executing them.

The place of delivery is the address that the consumer provided to the entrepreneur when placing the order.

Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will process accepted orders expeditiously, but no later than 30 days , unless a longer delivery period has been agreed with the consumer.

If delivery is delayed or if an order cannot be fulfilled, or can only be partially fulfilled, the consumer will be notified of this within 30 days of placing the order. In that case, the consumer has the right to terminate the agreement. to cancel free of charge and, where applicable, the right to reimbursement or compensation.

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

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to equivalent replacement article to offer. It will be clearly communicated at the latest upon delivery that this is a replacement item.

In case of replacement items the consumer retains the right right of withdrawal , unless it concerns excluded products (such as hygiene articles) as stated in article 8. The Return costs for replacement items are borne by the entrepreneur , unless otherwise agreed.

The risk of damage or loss of products rests with the entrepreneur until the moment of delivery to the consumer, or to a third party designated by the consumer, unless expressly agreed otherwise.

Article 12 – Duration, termination and extension

Termination by the consumer

1. Agreement for an indefinite period
The consumer may cancel an agreement for an indefinite period, aimed at the regular delivery of products or services (including electricity), at any time, subject to a notice period of maximum one month , unless otherwise agreed in writing.

2. Fixed-term agreement
The consumer can cancel a fixed-term contract aimed at regular delivery of products or services at the end of the fixed term with a notice period of maximum one month , unless otherwise agreed.

3. Method of termination
The consumer may cancel any form of agreement in the same manner in which it was entered into. Cancellation must free of charge can happen, and with a notice period that is equal to or less than that of the entrepreneur.

Extension

4. A fixed-term contract aimed at the regular delivery of products or services may not be tacitly extended or renewed for a fixed period, unless expressly stated.

5. Notwithstanding the foregoing, an agreement for the delivery of daily, news, weekly or periodical newspapers may be tacitly extended for a certain period of up to three months , provided that the consumer can cancel this agreement at the end of the extension with a notice period of no more than one month.

6. A fixed-term contract that is tacitly extended for an indefinite period may be terminated by the consumer at any time with a notice period of no more than one month . In the case of an agreement for the periodic delivery of daily or weekly newspapers that are published less than once a month, a notice period of up to three months .

7. Trial or introductory subscriptions to daily and weekly newspapers are not automatically renewed. and end automatically after the agreed trial period.

Long-term contracts longer than one year

8. If an agreement has a term of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of up to one month , unless this would be unacceptable on the basis of reasonableness and fairness.

Article 13 – Payment

Unless otherwise agreed, the consumer must pay the amount due within 7 working days to be paid, calculated from the beginning of the withdrawal period referred to in Article 6, paragraph 1.

In the case of an agreement concerning the provision of a service, this period commences from the moment the consumer has received confirmation of the agreement.

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

In the event of non-payment, the entrepreneur reserves the right, within the legal framework, to charge all collection costs and statutory interest known to the consumer.

Article 14 – Complaints

Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly in writing or by e-mail, within 7 days after discovery of the defect or deficiency.

The entrepreneur will within 14 days respond after receiving the complaint. If a complaint requires more time to be processed, the entrepreneur will send an acknowledgement of receipt within this period, indicating when the consumer can expect a substantive response.

If the complaint is not resolved by mutual agreement, the consumer can submit the matter to a dispute committee or another designated body.

Filing a complaint does not negate the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified, the entrepreneur will, at his own discretion, repair, replace or credit the delivered product free of charge.

Article 15 – Disputes

All agreements to which these general terms and conditions apply are exclusively subject to the Dutch law applicable, even if the consumer lives abroad.