Terms and Conditions


Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal.

Consumer: the natural person who is not acting in the exercise of a profession or business and 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 delivery and/or purchase obligation of which is spread over time.

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and 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.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.

Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.

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

 


Article 2 – Applicability

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

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

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

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

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or annulled, the agreement and these conditions will remain in force for the remainder. The relevant provision will be replaced without delay by mutual agreement with a provision that approximates the intent of the original provision as closely as possible.

Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions must also be interpreted in the spirit of these general terms and conditions.

 


Article 3 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

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

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

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

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

  • the price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal or courier service will use the special arrangement for postal and courier services regarding imports. This arrangement applies when the goods are imported into the EU country of destination, which is also the case here. The postal or courier service collects the VAT (whether or not together with the charged customs clearance costs) from the recipient of the goods;

  • any shipping costs;

  • the manner in which the agreement will be concluded and which actions are required for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the agreement;

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

  • the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate;

  • whether the agreement will be archived after conclusion and, if so, how it can be consulted by the consumer;

  • the way the consumer can check and, if necessary, correct the information provided in connection with the agreement before concluding the contract;

  • any languages in which the agreement may be concluded besides Dutch;

  • the codes of conduct to which the entrepreneur is subject and how the consumer can consult these electronically;

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

Optional: available sizes, colors, types of materials.

 


Article 4 – The Agreement

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

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

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

The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds not to conclude the agreement based on this investigation, they are entitled to refuse an order or request or attach special conditions to the execution.

The entrepreneur will provide the consumer with 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 data carrier:

  • the business address where the consumer can lodge complaints;

  • the conditions and method for exercising the right of withdrawal, or a clear statement regarding exclusion of the right of withdrawal;

  • information about warranties and existing after-sales service;

  • the data included in Article 4 paragraph 3 of these conditions unless already provided before execution;

  • the requirements for terminating the agreement if it has a duration of more than one year or is indefinite.

In the case of a duration transaction, the above provision applies only to the first delivery.

Every agreement is entered into subject to the availability of the relevant products.

 


Article 5 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 30 days. This cooling-off period begins on the day after the consumer receives the product or a representative designated by the consumer.

During the cooling-off period, the consumer will handle the product and packaging with care. The product will only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep the product.

If the consumer exercises the right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the 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 30 days after receiving the product. Notification must be made by written message or email.

After notifying the entrepreneur, the consumer must return the product within 30 days. The consumer must prove that the goods were returned on time, for example by means of proof of shipment.

If the consumer has not indicated that they wish to exercise the right of withdrawal within the periods mentioned above, or has not returned the product, the purchase becomes final.

 


Article 6 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the product has already been received back by the webshop owner or conclusive proof of return has been provided.

 


Article 7 – Exclusion of Right of Withdrawal

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

Exclusion is only possible for products:

  • created by the entrepreneur according to the consumer’s specifications;

  • that are clearly personal in nature;

  • that cannot be returned due to their nature;

  • that spoil or age quickly;

  • whose price is tied to fluctuations in the financial market beyond the entrepreneur’s control;

  • single newspapers and magazines;

  • audio and video recordings and computer software where the seal has been broken;

  • hygienic products where the seal has been broken.

Exclusion is only possible for services:

  • related to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;

  • whose delivery began with the consumer’s explicit consent before the cooling-off period expired;

  • related to betting and lotteries.

 


Article 8 – The Price

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

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market beyond the entrepreneur’s control.

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

Price increases after 3 months are only permitted if:

  • they result from legal regulations or provisions; or

  • the consumer has the right to terminate the agreement from the date the increase takes effect.

The place of delivery is determined according to Article 5 paragraph 1 of the Dutch Turnover Tax Act 1968 in the country where transport begins. In this case, the delivery takes place outside the EU. Consequently, import VAT and/or customs clearance costs will be charged to the recipient by the postal or courier service. Therefore, the entrepreneur will not charge VAT.

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

 


Article 9 – Identity of the Entrepreneur

Company name: FS Global Commerce
Business address: Korenbloem 77, 1689RX Zwaag
Email: info@everly-wear.com
Chamber of Commerce number: 42011604
VAT identification number: NL005432088B57

 


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 soundness and usability, and the legal provisions and government regulations existing at the date of the conclusion of the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery.

The warranty does not apply if:

  • the consumer repaired or modified the products themselves or had them repaired by third parties;

  • the products were exposed to abnormal conditions or handled carelessly;

  • the defect results from government regulations regarding materials used.

 


Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing product orders.

The place of delivery is the address provided by the consumer.

Accepted orders will be executed as soon as possible, but no later than 30 days, unless a longer delivery period has been agreed upon.

If delivery is delayed or cannot be fully executed, the consumer will be informed within 30 days. In that case, the consumer has the right to cancel the agreement free of charge.

The risk of damage or loss of products remains with the entrepreneur until delivery to the consumer.

 


Article 12 – Duration Transactions: Duration, Termination and Extension

The consumer may terminate an agreement concluded for an indefinite period at any time with a notice period of up to one month.

Rules regarding extension and duration apply according to applicable Dutch consumer law.

 


Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period.

The consumer must report inaccuracies in payment details immediately.

In case of non-payment, the entrepreneur may charge reasonable costs previously communicated to the consumer.

 


Article 14 – Complaints Procedure

Complaints must be submitted to the entrepreneur within 7 days after the consumer has discovered the defect.

Complaints will be answered within 30 days after receipt.

If a complaint cannot be resolved mutually, a dispute arises that may be subject to dispute resolution.

 


Article 15 – Disputes

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

 


Article 16 – CESOP

Due to measures introduced from 2024 regarding the amendment of the Dutch Turnover Tax Act 1968 (implementation of the Payment Services Directive) and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register transaction data in the European CESOP system.