Terms & Conditions

 

General Terms and Conditions

 

Table of contents

 

Article 1 – Definitions

Article 2 – Identity of the trader

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right to cancel

Article 7 – Costs in case of cancellation

Article 8 – Exclusion of the right to cancel

Article 9 – Price

Article 10 – Quality and guarantees

Article 11 – Delivery and order fulfilment

Article 12 – Continuing performance contract: duration, termination and renewal

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or deviating provisions

 

Article 1 – Definitions

 

In these General Terms and Conditions, the following terms are defined as follows:

 

  1. Cancellation period: the period within which the consumer can exercise their right to cancel;
  2. Consumer: a natural person who is not acting in a professional or business capacity and who enters into a distance contract with the trader;
  3. Day: calendar day;
  4. Continuing performance contract: a distance contract relating to a series of products and/or services for which the supply and/or purchase obligation is spread over a longer period;
  5. Durable medium: every medium that enables the consumer or trader to store the information that is addressed to them personally, in a way that is accessible for future reference and that allows unchanged reproduction of the stored information;
  6. Right to cancel: the option available to the consumer to decide against concluding the distance contract within the cancellation period;
  7. Model cancellation form: the model cancellation form provided by the trader, to be completed by the consumer when they wish to exercise their right to cancel;
  8. Trader: the natural person or legal entity who offers products and/or services to consumers remotely;
  9. Distance contract: a contract concluded as part of the trader’s organised system for the distance selling of products and/or services, whereby the contract is concluded exclusively by using one or more distance communication means;
  10. Distance communication means: the means that can be used for concluding a contract, without the simultaneous physical presence of the trader and the consumer;
  11. General Terms and Conditions: these General Terms and Conditions of the trader.

 

Article 2 – Identity of the trader

 

Sandwich Fashion Company BV

Donauweg 10

1043 AJ Amsterdam 

Phone: +31 (0)20 2134496
Email: service@sandwichfashion.nl

 

If you have any questions, please contact our customer service department. They can be contacted from Monday – Friday between 09:30–17:30 hours.

Chamber of Commerce number: 64472175

VAT identification number: NL855680362B02

 

Article 3 – Applicability

 

  1. These General Terms and Conditions are applicable to all offers made by the trader and to all distance contracts and orders concluded between the trader and the consumer.
  2. These General Terms and Conditions will be made available to the consumer before a distance contract is concluded. If this is not reasonably possible the consumer will be informed – before the distance contract is concluded – that the General Terms and Conditions are available for inspection from the trader and that the consumer can request a copy to be sent to them as soon as possible, free of charge.
  3. Notwithstanding the previous paragraph, if the distance contract is concluded electronically the consumer can be sent the text of these General Terms and Conditions electronically before the distance contract is concluded, in such a way that the consumer can easily store the text on a durable medium. If this is not reasonably possible the consumer will be informed – before the distance contract is concluded – where the General Terms and Conditions can be accessed electronically and that the General Terms and Conditions can be sent electronically or in any other format, free of charge.
  4. In the event that specific product and/or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs will apply mutatis mutandis and, in the event of a conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to them.
  5. If any provision (or part of any provision) in these General Terms and Conditions is at any time held invalid, illegal or unenforceable, the contract and the other provisions of these General Terms and Conditions will remain fully applicable and the relevant provision will be replaced without delay, in consultation between the parties, by a provision which approximates as closely as possible the purpose and intent of the original provision.
  6. Situations that are not regulated in these General Terms and Conditions must be assessed in accordance with the spirit of these General Terms and Conditions.
  7. Any queries about the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted in the spirit of these General 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 explicitly stated in the offer.
  2. Offers are not binding. The trader is entitled to change or amend the offer.
  3. The offer includes a full and accurate description of the offered products and/or services. The description must be sufficiently detailed to allow the consumer to make a sound assessment of the offer. If the trader uses images, these are a true reflection of the products and/or services offered. Obvious mistakes and/or obvious errors in the offer are not binding on the trader.
  4. All images, specifications and data contained in the offer are indicative and can never give rise to any claim for compensation or dissolution of the contract.
  5. Images of products are a true representation of the products offered. The trader cannot guarantee that the colours in the images correspond exactly to the actual colours of the products.
  6. Each offer will contain the necessary information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This information includes at least:
  • the price including taxes;
  • any possible shipping costs;
  • the way in which the contract is concluded and which actions are required for this;
  • whether or not the right of cancellation is applicable;
  • the method of payment, delivery and contractual performance;
  • the time period for accepting the offer, or the period within which the trader guarantees the price;
  • the rate charged for distance communication if the costs of using the distance communication means are calculated on a basis other than the regular basic rate for the distance communication means being used;
  • whether the contract 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 the information provided in the framework of the contract and, if required, correct them before concluding the contract;
  • any other languages – besides in Dutch – in which the contract can be concluded;
  • the codes of conduct applicable to the trader and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the event of a continuing performance contract.

 

 

Article 5 – The contract

 

  1. The contract is concluded, subject to the provision in paragraph 4, at the time the offer is accepted by the consumer and the applicable conditions have been met.
  2. If the consumer has accepted the offer electronically, the trader will immediately send an electronic confirmation of receipt of the acceptance of the offer. As long as receipt of acceptance has not been confirmed by the trader, the consumer will be entitled to cancel the contract.
  3. If the contract is concluded electronically, the trader will take the appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to pay electronically, the trader will put in place the appropriate security measures.
  4. The trader is entitled to gather information – within the legal frameworks – regarding the consumer’s ability to meet their payment obligations, as well as all the different facts and circumstances that are important for responsibly concluding a distance contract. If, on the basis of this screening, the trader has good reason not to conclude the contract, the trader is entitled to refuse an order or application stating the reasons for this refusal or to attach special conditions to the performance of the contract.
  5. Together with the product or service, the trader will send the consumer the following information in writing or in such a way that the consumer can store it in an accessible way on a durable medium:

a. the address of the trader’s branch where the consumer can go in case they wish to make a complaint;

b. the conditions and the way in which the consumer can exercise their right to cancel, or a clear statement concerning the exclusion of the right to cancel;

c. information regarding guarantees and after-sales service support that is available;

d. the information referred to in article 4(3) of these General Terms and Conditions, unless the trader has already provided the consumer with this information before the performance of the contract;

e. the prerequisite for cancelling the contract if the contract has a duration of longer than one year or is for an indefinite period.

  1. In the event of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
  2. Every contract is entered into under the suspensive conditions of sufficient availability of the relevant products.

 

Article 6 – Right to cancel

 

Delivery of products:

  1. When purchasing products, the consumer has the right to cancel the contract without giving reasons for a period of 14 days. This cancellation period starts on the day after receipt of the product by the consumer or a representative designated by the consumer and whose details have been communicated to the trader.
  2. During the cancellation period, the consumer must treat the product and its packaging with care. The consumer will only unpack or use the product to the degree necessary for the ability to assess whether they wish to keep the product. If the consumer exercises their right to cancel, they must return the product with all delivered accessories and, as much as possible, in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions issued by the trader.
  3. If the consumer wishes to exercise their right to cancel, they must notify the trader accordingly within 14 days after receipt of the product. The notification by the consumer can be made using the model cancellation form or any other form of communication, such as email. Once the consumer has informed the trader that they wish to exercise their right to cancel, they must return the product within 14 days. The consumer must be able to prove that the products have been returned in time, for example by means of a proof of dispatch.
  4. If by the end of the periods specified in paragraphs 2 and 3, the customer has not notified the trader of their intention of exercising their right to cancel or has not returned the product to the trader, the purchase is a fact.

Supply of services:

  1. When services are supplied, the consumer has the option to cancel the contract without giving reasons for a period of at least 14 days, starting on the day on which the contract was concluded.
  2. To exercise their right to cancel, the consumer must adhere to the reasonable and clear instructions provided by the trader in the offer and/or at the latest at the time of delivery.

 

Article 7 – Costs in case of cancellation

  

  1. If the consumer exercises their right to cancel, they will pay no more than the costs of returning the products.
  2. If the consumer has made a payment, the trader will refund this amount as soon as possible, but at the latest within 14 days after the cancellation. However, this is on the condition that the product has already been received by the online store or that conclusive proof of the return can be provided.Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
  3. In the event of damage to the product as a result of careless handling by the consumer, the consumer will be liable for any reduction in value of the product.
  4. The consumer cannot be held liable for any reduction in the value of the product if the trader has failed to provide all the information required by law concerning the right to cancel; this must be done prior to concluding the purchase agreement.

 

Article 8 – Exclusion of the right to cancel

 

  1. The trader can exclude the consumer’s right to cancel with respect to those products described in paragraphs 2 and 3. The right to cancel can only be validly excluded if the trader clearly stated this fact in the offer, or at least in good time prior to conclusion of the contract.
  2. The right to cancel can only be excluded for products:

a. that have been made by the trader to the consumer’s specifications;

b. that are clearly personalised;

c. that cannot be returned due to their nature;

d. that are liable to deteriorate or expire rapidly;

e. whose value is dependent on fluctuations in the financial market which cannot be controlled by the trader;

f. single newspapers and magazines;

g. that are sealed audio- and video-recordings or sealed computer software if the products have been unsealed after delivery;

h. that are personal hygiene products, from which the consumer has removed the seal.

  1. The right to cancel can only be excluded for services:

a. relating to the provision of accommodation, transport of goods, catering or services related to leisure activities on a specific date or period;

b. that with the express consent of the consumer have a supply start date before expiry of the cancellation period;

c. relating to betting and lotteries.

 

Article 9 – Price

 

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that cannot be controlled by the trader, at variable prices. The offer must clearly state this link to financial market fluctuations and the fact that any listed prices are guide prices.
  3. Price increases within 3 months after concluding the contract are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after concluding the contract are only allowed if the trader has stipulated it and:

a. they are the result of statutory regulations or provisions; or

b. the consumer is entitled to terminate the contract on the day on which the price increase takes effect.

  1. All prices for products or services that are listed in the offer are inclusive of VAT.
  2. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

 

Article 10 – Quality and guarantees

 

  1. The trader guarantees that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable demands of reliability and/or usability and the statutory provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the trader, the manufacturer or the importer does not affect the legal rights and claims that the consumer may be entitled to vis-à-vis the trader on the basis of the contract.
  3. Any defects or incorrectly delivered products must be notified in writing to the trader within 2 months of delivery. The products must be returned in their original packaging and in as-new condition.
  4. The trader’s guarantee period corresponds to the manufacturer's guarantee period. The trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
  • The consumer has repaired and/or modified the delivered products or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader’s instructions and/or are specified on the packaging;
  • The defectiveness is wholly or partially the result of regulations which the authorities have laid down or will lay down with regard to the nature or quality of the materials used.

 

Article 11 – Delivery and order fulfilment

 

  1. The trader will take the greatest possible care when receiving and fulfilling orders for products and when assessing requests for the supply of services.
  2. The place of delivery is the address that the consumer has communicated to the trader.
  3. In accordance with the provisions of paragraph 4 of this article, the trader will execute accepted orders quickly, but at most within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be filled or can only be filled in part, the consumer will be informed about this within 30 days after they have placed the order. In that case, the consumer has the right to cancel the contract free of charge but will not be entitled to any compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any named delivery dates. Exceeding the delivery period does not entitle the consumer to claim compensation.
  5. In case of a cancellation in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after cancellation.
  6. If delivery of an ordered product proves to be impossible, the trader will make an effort to provide a replacement item. The fact that a replacement item will be delivered must be stated in a clear and comprehensible manner, no later than at the time of delivery. The right to cancel cannot be excluded for replacement items. The costs of any returns are at the trader’s expense.
  7. The risk of damage and/or loss of products is borne by the trader up until the time of delivery to the consumer or a representative designated by the consumer and whose details have been communicated to the trader, unless otherwise expressly agreed.

 

Article 12 – Continuing performance contract: duration, termination and renewal

 

Termination

  1. The consumer is entitled to terminate a contract that has been concluded for an indefinite period for the regular delivery of products (including the supply of electricity) or services, at any time in accordance with the applicable regulations regarding termination and a notice period not exceeding one month.
  2. The consumer is entitled to terminate a contract that has been concluded for a fixed period for the regular delivery of products (including the supply of electricity) or services, with effect of the end of the fixed period in accordance with the applicable regulations regarding termination and a notice period not exceeding one month.
  3. In respect of the contracts referred to in the previous paragraphs, the consumer is entitled to:
  • terminate the contract at any time without being restricted to the necessity of giving notice of termination at a specific time or during a specific period;
  • terminate the contracts in the same manner as they were concluded;
  • terminate the contracts with the same notice period as the trader has stipulated for itself.

Renewal

  1. A fixed-term contract that has been concluded for the regular delivery of products (including the supply of electricity) or services may not be tacitly extended or renewed for a fixed period of time.
  2. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers or magazines can be tacitly extended for a maximum of three months, provided the consumer is able to terminate the extended contract towards the end of the extension with a period of notice that does not exceed one month.
  3. A fixed-term contract that has been concluded for the regular supply of products or services can only be tacitly renewed for an indefinite period provided the consumer has the right at all times to termination the contract, with a notice period that does not exceed one month and a notice period that does not exceed three months if the purpose of the contract is to regularly, but less than once a month, supply daily or weekly newspapers or magazines.
  4. A contract with a limited term for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends at the end of the trial or introductory period.

Duration

  1. If a contract has been concluded for a duration of more than one year, after one year the consumer can terminate this contract at any time with due observance of a notice period of up to one month, unless the standards of reasonableness and fairness oppose a termination before the end of the agreed term.

 

Article 13 – Payment

 

  1. Unless otherwise agreed, the amounts payable by the consumer must be paid within 7 working days after the start of the cancellation period, as referred to in article 6, paragraph 1. In case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
  2. The consumer is obliged to notify the trader without delay of any inaccuracies in the payment details that have been provided or stated.
  3. In case of non-payment on the part of the consumer, subject to legal restrictions, the trader is entitled to charge the consumer for any reasonable costs which have been communicated to the consumer in advance.

 

Article 14 – Complaints procedure

 

  1. The trader has a well-publicised complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about order fulfilment together with a clear and comprehensive description, must be submitted to the trader within two months of the consumer having identified the defects.
  3. Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If it is clear that a complaint requires a longer processing time, the trader will send a confirmation of receipt and an indication of when the consumer can expect a more detailed answer within the period of 14 days.
  4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
  5. In case of complaints, a consumer must first contact the trader. It is also possible to submit a complaint via the European ODR platform (http://ec.europa.eu/odr).
  6. Submitting a complaint does not suspend the trader’s obligations, unless the trader has stated otherwise in writing.
  7. If the trader finds a complaint to be justified, the trader will, at its discretion, either replace or repair the delivered products free of charge.

 

Article 15 – Disputes

 

  1. Contracts between the trader and the consumer to which these General Terms and Conditions apply are governed exclusively by the law of the Netherlands, even if the consumer lives outside the Netherlands.
  2. The provisions of the Vienna Convention ('the United Nations Convention on Contracts for the International Sale of Goods (CISG)’ do not apply.

 

Article 16 – Additional or deviating provisions

 

Additional provisions or provisions that deviate from these General Terms and Conditions cannot 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.

 

Model cancellation form

(only complete and return this form if you want to cancel the contract)

 

—    To Modexpress

—    Attn. Sandwich Fashion B.V.
Vossenbeemd 11G

—    5705 CL Helmond
service@sandwichfashion.nl
+31 (0)20 2105042

 

– I/We (*) hereby inform you that I/we (*) wish to cancel our contract for the sale of the following products/services: 

 

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