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Terms and Conditions

Article 1 – Definitions

Article 2 – Identity of the Entrepreneur

Article 3 – Applicability

Article 4 – The Offer

Article 5 – The Agreement

Article 6 – Right of Withdrawal

Article 7 – Costs in Case of Withdrawal

Article 8 – Exclusion of the Right of Withdrawal

Article 9 – The Price

Article 10 – Conformity and Warranty

Article 11 – Delivery and Execution

Article 12 – Continuing Transactions: 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 terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuing transaction: a distance contract concerning 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 that is personally addressed to him in a manner that allows future consultation and unaltered reproduction of the stored information.

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

Model form: the model form for withdrawal made available by the entrepreneur which a consumer can fill in when he wishes to exercise his right of withdrawal.

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

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

Means of distance communication: a method that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously present in the same space.

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

Article 2 – Identity of the Entrepreneur

FetishElites

Telephone number: +31 623 032 160

E-mail address: info@fetishelites.net

Chamber of Commerce number: 341562573

VAT identification number: PL9671304708

Article 3 – Applicability

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

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, that the general terms and conditions are available for inspection at the entrepreneur’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, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general 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 data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, at his request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions the consumer may always rely on the applicable provision that is most favorable to him.

If one or more provisions of these general terms and conditions are null and void or annulled at any time in whole or in part, the agreement and these conditions shall remain in force for the rest, and the relevant provision shall be replaced without delay, in mutual consultation, by a provision that approximates the purpose of the original provision as closely as possible.

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

Ambiguities about the interpretation or content of one or more provisions of these terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

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

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

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur makes use of images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

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

Images of products are a true 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 including taxes;
any shipping costs;
the way in which the agreement will be concluded and what actions are necessary 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 means of distance communication are calculated on a basis other than the basic rate for the means of communication used;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the information provided by him in the context of the agreement and, if desired, correct it;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a continuing transaction.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.

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

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

The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

The entrepreneur shall send 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, along with the product or service to the consumer:

the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the information included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

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

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

Delivery of products:

When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons within 14 days. This cooling-off period commences on the day after the consumer receives the product, or a representative previously designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he makes use of his right of withdrawal, he shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receipt of the product. Notification shall be made by means of the model form or by another means of communication such as e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Delivery of services:

When services are provided, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, commencing on the day of concluding the agreement.

To make use of his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

Article 7 – Costs in Case of Withdrawal

The consumer shall bear the direct costs of returning the product.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition is that the product has already been received back by the online retailer or conclusive evidence of complete return shipment can be provided. Repayment shall be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.

In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.

The consumer cannot be held liable for depreciation in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price 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 of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.

Article 9 – The Price

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

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.

Price increases within 3 months after concluding the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after concluding the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement as of the day the price increase takes effect.

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

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

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with reasonable requirements of reliability and/or usability, and with existing statutory provisions and/or government regulations on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

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 based on the agreement.

All products are subject to statutory warranty. The duration of the statutory warranty may differ depending on the nature of the product.

Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 2 months after discovery.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or on the packaging;
the defectiveness is wholly or partly the result of regulations set or to be set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and in assessing applications for the provision of services.

The place of delivery shall be the address that the consumer has made known to the company.

Subject to what is stated in paragraph 4 of this Article, the company shall execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be notified 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. The consumer is not entitled to any compensation.

All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.

In case of dissolution in accordance with paragraph 3 of this Article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

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

Article 12 – Continuing Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed duration, with due observance of 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 restricted to termination at a specific time or during a specific period;
at least in the same way as they were entered into by him;
always with the same notice period as the entrepreneur has stipulated for himself.

Renewal

An agreement entered into 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 duration.

In deviation from the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into 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 and a notice period of no more than three months in the event the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement with limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end 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 duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.

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

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

In the event of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have his complaint handled by the independent dispute commission appointed by WebwinkelKeur, whose decision is binding and both entrepreneur and consumer agree to this binding decision. The submission of a dispute to this dispute commission involves costs which the consumer must pay to the commission.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at his discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.