Terms and Conditions
Article 1 - DefinitionsThe following definitions apply under these Terms:Cancellation period: the period within which the consumer can exercise his right of cancellation;Consumer: the natural person who does not act in the exercise of a profession or trade and who enters into a distance contract with the entrepreneur;Day: calendar day;Company term: a distance contract which relates to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period of time;Permanent data carrier: any means that enables the consumer or entrepreneur to save personal information in such a way that future query and unaltered reproduction of stored information is possible.Right of withdrawal: possibility for the consumer to terminate the distance sales agreement within the reflection period;Entrepreneur: the natural or legal person who offers distance sales of products and/or services to consumers;Distance sales contract: a contract in which one or more distance communication techniques are used as part of a system organized by the entrepreneur for the distance sale of goods and/or services until the conclusion of the contract;Remote communication technology: means that it can be used to conclude a contract without consumers and entrepreneurs being in the same room at the same time.General conditions: these general sales conditions for the entrepreneur.Article 2 - Identity of the entrepreneurCompany name: aarhus-mode.dkArticle 3 - ApplicationThese general conditions apply to every offer from the entrepreneur and to every distance contract and to every order placed between the entrepreneur and the consumer.Before entering into the distance sales agreement, the text of these general conditions is made available to the consumer. If this is not reasonably possible, it is clarified before the conclusion of the distance contract that the general conditions can be consulted at the entrepreneur's commercial premises and they will be sent to the consumer free of charge as soon as possible upon request.If the distance sales agreement is entered into electronically, the text of these general conditions can be made available to the consumer electronically regardless of the preceding paragraph and before the conclusion of the distance sale agreement, which the consumer can easily record on a durable medium. If this is not reasonably possible, it will be stated before the conclusion of the distance sales agreement that where the general conditions can be consulted electronically and they can be sent electronically or otherwise free of charge at the request of the consumer.In the event that specific product or service conditions apply in addition to these general conditions, subsection 2 and 3 corresponding application, and in case of conflicting general conditions, the consumer can always count on the provision being more favorable to him.If one or more provisions of these general terms and conditions are wholly or partially ineffective or invalid at any time, the contract and these general terms and conditions shall remain in force and the corresponding provision shall be immediately replaced by a mutually agreed provision, this as close as possible on the meaning of the original provision.Situations not covered by these terms and conditions must be assessed "in the spirit" of these terms and conditions.Uncertainties regarding the interpretation or content of one or more provisions of our Terms and Conditions shall be interpreted "within the meaning" of these Terms and Conditions.Article 4 - The offerIf an offer has a limited validity period or is subject to conditions, this is expressly stated in the offer.Offer subject to change. The entrepreneur has the right to change and adapt the offer.The offer contains a complete and precise description of the products and/or services offered. The description is sufficiently detailed for the consumer to assess the offer adequately. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious mistakes in the offer do not bind the entrepreneur.All images, specifications and data offered are indicative and cannot be the basis for compensation or termination of the contract.The images belonging to the products are a true representation of the products offered. The operator cannot guarantee that the colors shown correspond exactly to the actual colors of the products.Each offer contains information so that it is clear to the consumer which rights and obligations are associated with the acceptance of the offer. This applies in particular to:the price, excluding customs fees and import turnover tax. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services with regard to imports. This rule applies when the goods are imported into the EU country of destination, which is the case in this case. The postal and/or courier service collects VAT (whether with customs processing fees charged or not) from the recipient of the goods;all shipping costs;the manner in which the agreement is entered into and the measures necessary for this purpose;whether or not the right of withdrawal applies;the manner in which the contract is paid for, delivered and fulfilled;the deadline for acceptance of the tender or the deadline within which the contractor guarantees the price;the amount of the long-distance communication tariff, if the costs of using the means of long-distance communication are calculated on a basis other than the ordinary basic tariff for the means of communication used;if the contract is archived after its conclusion and, if so, how the consumer can access it;the way in which the consumer can examine and, if desired, correct the data that he has provided under the contract before entering into the contract;all other languages in which the contract can be concluded with Dutch;the codes of conduct posted by the professional and how the consumer can consult those codes of conduct electronically; Andthe minimum duration of the distance selling contract in the case of a forward transaction.Optional: available sizes, colors, material types.Article 5 - The AgreementSubject to the provisions of subsection 4, the contract is entered into at the time when the consumer accepts the offer and fulfills the conditions stated therein.If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed the receipt of this hypothesis, the consumer can terminate the contract.If the contract is concluded electronically, the contractor takes appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures into account.The entrepreneur can - within the legal framework - know whether the consumer can fulfill his payment obligations, as well as all these facts and factors, this is important for the responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the contract on the basis of this investigation, he has the right to reject an order or request or attach performance to special conditions with reasons.The entrepreneur must provide the consumer with the following information in writing or in such a way that the product or service is used, whether it can be stored by the consumer in an accessible way on a durable medium:the visiting address of the retailer's branch to which the consumer can send his complaints;the conditions under which and how the consumer can exercise his right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;warranty and existing customer service information;the data referred to in Article 4 (3) of these conditions, unless the entrepreneur has already provided the consumer with this data before the conclusion of the contract;the conditions for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.In the case of a forward transaction, the provision in the previous paragraph only applies to the first delivery.Each contract is entered into on the condition precedent of sufficient availability of the products in question.Article 6 - Right of withdrawalWhen purchasing products, the consumer has the option of terminating the contract for 14 days without giving a reason. This reflection period begins the day after receipt of the product by the consumer or a representative previously appointed by the consumer and notified to the entrepreneur.During the reflection period, the consumer will carefully treat the product and its packaging. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he makes use of his right of withdrawal, he returns the product to the contractor with all the accompanying accessories and - if reasonably possible - in its original condition and packaging according to the contractor's appropriate and clear instructions. 'entrepreneur.If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receiving the product. The consumer must give it in the form of a written message/e-mail. After the consumer has declared that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.If the customer has not expressed his desire to exercise his right of withdrawal or has not returned the product to the entrepreneur after the deadlines specified in subsection 2 and 3, the purchase is a fact.Article 7 - Costs in case of withdrawalIf the consumer exercises his right of withdrawal, the costs of returning the products are 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 14 days after revocation. The prerequisite is that the product has already been returned to the contractor, or that decisive proof of full return can be presented.Article 8 - Exclusion of the right of withdrawalThe entrepreneur can exclude the consumer's right of withdrawal for products as described in subsection 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least well in advance of the conclusion of the contract.The right of withdrawal is only possible for products:that the entrepreneur produces according to the consumer's requirements;they are personal in nature;which cannot be returned due to their nature;it can quickly destroy or age;the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;for individual newspapers and magazines;for audio and video recordings and computer software whose seal has been broken by the consumer.for hygiene products whose seals have been broken by the consumer.The right of withdrawal can only be excluded for services:in respect of accommodation, transport, restaurant visits or leisure activities to be completed on a particular date or for a particular period of time;if delivery began with the express consent of the consumer before the end of the reflection period;About betting and lotteries.Article 9 - The priceDuring the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.As an exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that escape the entrepreneur's control at variable prices. This commitment to fluctuations and the fact that the stated prices are indicative prices are stated in the offer.Price increases within 3 months of the conclusion of the contract are only permitted if they follow from regulations or legal provisions.Price increases from 3 months after the conclusion of the contract are only permitted if the contractor has agreed and:they result from statutory provisions or regulations; Orthe consumer has the option of terminating the contract from the day the price increase takes effect.According to subsection 5(1) of the Sales Tax Act 1968, the place of delivery is in the country where the carriage begins. In this case, this delivery takes place outside the EU. The postal or courier service will then charge the customer import sales tax or handling fees. As a result, the entrepreneur does not charge VAT.All prices are subject to printing and composition errors. No responsibility is assumed for the consequences of printing and composition errors. In the event of printing and composition errors, the entrepreneur is not obliged to deliver the product at an incorrect price.Article 10 - Compliance and WarrantyThe Contractor warrants that the products and/or services comply with the Contract, the specifications set out in the Offer, appropriate suitability requirements and/or ease of use and existing legal provisions and/or official regulations at the time of entering into the contract. If agreed, the contractor also guarantees that the product is suitable for use other than normal.A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.Defective or incorrectly delivered products must be reported in writing to the Contractor within 14 days of delivery. Products must be returned in their original packaging and in new condition.The contractor's warranty period is the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual use by the consumer, nor for any advice regarding the use or use of the products.Warranty does not apply if:The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;The delivered products have been exposed to abnormal or otherwise negligent conditions or processed contrary to the contractor's instructions and/or processed on the packaging;This deficiency is due in whole or in part to regulations issued by the government regarding the type or quality of the materials used.Article 11 - Delivery and performanceThe entrepreneur will exercise the greatest possible care when accepting and fulfilling product orders.The place of delivery is the address that the consumer has provided to the company.Subject to the provisions of Article 4 of these General Conditions, the company will fulfill the accepted orders as soon as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed or an order cannot be fulfilled or can only be fulfilled partially, the consumer will be informed no later than 30 days after the order. In this case, the consumer has the right to terminate the contract free of charge and the right to any compensation.In the event of dissolution in accordance with the previous section, the entrepreneur refunds the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.If delivery of an ordered product proves impossible, the contractor attempts to deliver a replacement product. At the latest on delivery, it is clearly and comprehensibly announced that a replacement product will be delivered. The right of withdrawal cannot be excluded for replacement articles. The entrepreneur bears the costs of any return.The risk of damage and/or loss of products lies with the entrepreneur until the time of delivery to the consumer or a previously appointed representative who has been notified to the entrepreneur, unless otherwise expressly agreed.Article 16 - CESOPDue to measures introduced and strengthened from 2024 in relation to the Payment Service Provider Directive Implementation Act 1968, with the introduction of the Central Payment Information System Electronics (CESOP), payment service providers could register data in the European CESOP system.