- You can return or exchange your purchase within 14 days. Any costs of the return costs will be on your account. When in doubt, we advise you to view the size chart for the correct measurements. [so that you are aware of what you are buying]. If it is not to your liking you can always contact us, we will provide a solution.
- The sizing is normal/loose fit, please use the size chart as a guideline.
- If the products are not in stock, you will receive an indication about delivery by e-mail to avoid disappointment.
- Washing instructions [30 degrees, wash inside out, do not tumble dry, do not iron over the logo].
Our general terms and conditions are in accordance with the guidelines of the Netherlands Authority for Consumers and Markets (ACM). The rights of the consumer are therefore safeguarded.
Artikel 1. The identity of the entrepreneur
1.1 The identity of the entrepreneur:
Prêt à Partager
Jan Steenstraat 101
2023 AM Haarlem
Article 2. Applicability
2.1 These general terms and conditions (hereinafter referred to as: “General Terms and Conditions”) apply to all offers, orders and agreements of Prêt à Partager via the webshop.
Both Prêt à Partager and the consumer recognize the legal validity of electronic communication, as also stipulated in European regulations. The consumer cannot derive any rights from future orders from any agreed deviations.
2.2 Accepting an offer or placing an order means that the consumer accepts the applicability of these terms and conditions.
2.3 Any deviations from in the mentioned terms and conditions can only be done in writing, in which case the other conditions will remain in full force and effect.
Article 3. Offers / agreements
3.1 All offers and quotations from Prêt à Partager are without obligation. Prêt à Partager reserves the right to change prices, in particular but not exclusively when this is necessary on grounds of (legal) regulations.
3.2 Samples and models shown and/or provided, as well as statements of colours, sizes and other descriptions in brochures, promotional material, websites or social media of Prêt à Partager are as accurate as possible, but are only indicative. No rights can be derived from this, unless the parties have expressly agreed otherwise in writing.
3.3 An agreement is only concluded after acceptance of the consumer’s order by Prêt à Partager. As long as Prêt à Partager has not confirmed the order to the consumer, no agreement has been concluded. If the consumer’s acceptance deviates from the offer of Prêt à Partager, Prêt à Partager is not bound by this. In that case, no agreement has been concluded, unless the parties have expressly agreed otherwise in writing.
3.4 Prêt à Partager reserves the right to refuse orders. The consumer will be informed of such a refusal, with or without reason. In that case, any payment already made will of course be refunded to the account of the bank or credit card company from which this payment originates.
3.5 By ordering from us – via the website or by e-mail – a legally valid purchase agreement is created, which must be followed by (advance) payment.
Article 4. Prices / shipping costs / payment / reservation of ownership / non-payment
4.1 The stated prices for the products and services offered are in euros including VAT, unless explicitly stated otherwise.
4.2 For letterbox parcels within the Netherlands, with the exception of the Caribbean Netherlands, Prêt à Partager will charge a maximum of € 6 without track & trace. For parcels within the Netherlands, with the exception of the Caribbean Netherlands, Prêt à Partager will charge a maximum of € 10,- without track & trace. For consumers from countries other than the Netherlands, the contribution to the shipping costs depends on the country and the amount of the order. Prêt à Partager reserves the right to conform this amount to the most current rates for these services by DHL Parcel or an equivalent provider of parcel services.
4.3 Prêt à Partager works in principle by means of prepayment (online or in advance by bank transfer). After placing an order, the consumer will receive a confirmation by e-mail with the total costs, including shipping costs. No additional costs are charged for online payments. After receiving full payment, Prêt à Partager will ship the consumer’s order. All articles remain the property of Prêt à Partager until full payment has been received.
4.4 The consumer can pay for her/his order afterwards by e-mail (firstname.lastname@example.org) upon request. Prêt à Partager may reject this request if it has a valid reason for doing so.
4.5 There is non-payment if 21 days after the conclusion of the agreement the invoice amount has not been paid or has not yet been paid in full. The consumer will then be ordered in writing to pay the entire amount or the remaining amount immediately. If the amount has not been paid within 14 days of receipt of the reminder, Prêt à Partager is entitled to collect the amount or have the amount to be claimed, increased by at least € 40, in accordance with the Decree on compensation for extrajudicial collection costs, or to dissolve the agreement.
Article 5. Delivery
5.1 Prêt à Partager sends all orders in principle within 3-10 working days after receipt of the order via DHL Parcel (or an equivalent parcel service) to the delivery address indicated with the order. If for any reason we should deviate from this, the consumer will be informed by e-mail. If the consumer is not at home at the time of delivery, the consumer can pick up the package at a nearby DHL Parcel Shop/Parcel Station. If the package is not picked up within 3 weeks, the package will be returned to us. Prêt à Partager will refund the purchase price minus the shipping costs to the consumer.
5.2 When terms are mentioned in working days, this means all days from Monday to Friday, excluding legal holidays.
5.3 The indicated delivery times are indicative only. Exceeding the agreed delivery times does not give the consumer the right to compensation, termination of the agreement or non-compliance with any obligation which may arise for the consumer from this or any other related agreement.
5.4 The product must be delivered to the consumer no later than 30 days after ordering. If this does not happen, the consumer can immediately cancel the purchase. The foregoing does not apply if the parties have agreed on a different delivery period, if there is a case of force majeure on the part of Prêt à Partager or the third party (parties) it has involved.
5.5 Prêt à Partager strives to deliver the order in one shipment, but can also decide to deliver the order in parts.
5.6 We do our best to keep the website as up-to-date as possible. However, it may happen that an article is no longer available. In that case Prêt à Partager will contact the consumer as soon as possible.
Article 6. Right of withdrawal / return / warranty
6.1 Upon receipt by the consumer of the ordered items via our webshop or by e-mail, the consumer has a reflection period as described in Article 6.3.
6.2 The article must be checked upon receipt for any errors, imperfections or damage. These should be reported by e-mail within 14 days after receipt by the consumer. Articles with a defect, imperfection or damage that are returned without a report within 14 days after receipt by the consumer, can not be accepted. Please note; everything is double checked in before the shipment.
6.3 If the consumer is not satisfied with the order via our webshop or by email, the consumer can contact Prêt à Partager; please note; we do not have a standard return policy. The consumer can also invoke the right of withdrawal by means of an unequivocal statement. If discussed, the consumer will send the package to Prêt à Partager and the consumer will bear the cost of the return shipment.
6.4 The right of withdrawal does not apply to hygienically sensitive articles.
6.5 Once the consumer has returned the ordered items, the consumer may exchange them for another size or receive a refund of the purchase price including the shipping costs paid to Prêt à Partager, subject to the provisions of Article 6.6. If the consumer keeps a part of the order, the consumer will only get back the purchase amount of the returned items, not the shipping costs.
6.6 We will, within 14 days of receipt of the returned items, instruct the bank or credit card company used during the placement of the original order to return the amount already paid (excluding standard shipping costs) to the consumer. Shipping costs higher than the costs of the original shipment from Prêt à Partager to the consumer, chose by the consumer, than the least expensive way of standard delivery offered by Prêt à Partager, will not be reimbursed by Prêt à Partager.
6.7 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. The condition for actually exercising the right of withdrawal is that the articles concerned are properly packed, complete, undamaged, unused and returned in the undamaged and original packaging together with the packing slip. If damage has occurred due to inadequate packaging or if the postage is insufficient, Prêt à Partager reserves the right to refuse a return.
6.8 Based on the law, the consumer has the right to a sound product, which must meet the expectations that the consumer may reasonably have of it. We will solve any problem with the soundness of the product as soon as possible. If the solution does not meet the expectations of the consumer then the consumer can cancel the order, without additional costs.
6.9 The warranty referred to in this article and the right of withdrawal will lapse if, among other things:
- The article is worn and / or washed (this does not mean the fitting of the clothing);
- The article has been damaged by the consumer and/or the consumer has tried to repair the damage or defect;
- The label(s) and/or accessories have been removed or are missing;
- The consumer has not followed the instructions for use and/or instructions for use; and/or
- The item has been manufactured according to the specification(s) provided by the consumer.
Article 7. Force Majeure
7.1 In the event of force majeure, Prêt à Partager has the right, at its discretion, to suspend the execution of the order, or to dissolve the agreement without judicial intervention, by communicating this in writing and without Prêt à Partager being obliged to pay any compensation, unless in the given circumstances this would be unacceptable according to standards of reasonableness and fairness.
7.2 Force majeure means any shortcoming which cannot be attributed to Prêt à Partager, because it is not due to any fault on its part and is not for its account, neither by virtue of the law, legal act nor generally accepted practice.
Article 8. Liability
8.1 Prêt à Partager is not liable for indirect damage. Prêt à Partager will only invoke this exclusion of liability if and as far as this is permitted by law.
Article 9. Miscellaneous
9.1 If the consumer provides Prêt à Partager with an address in writing, Prêt à Partager is entitled to send all orders to that address, unless the consumer provides Prêt à Partager with another address in writing, to which the orders should be sent.
9.2 In case Prêt à Partager for a short or longer period of time silently or unintentionally allows deviations from these General Terms and Conditions, this does not affect its right to demand direct and strict compliance with these General Terms and Conditions. The consumer can never assert any right based on the fact that Prêt à Partager applies these General Terms and Conditions flexibly.
9.3 If one or more of the provisions of these General Terms and Conditions or any other agreement with Prêt à Partager is/are contrary to any applicable statutory regulation, the provision in question will lapse and will be replaced by a new comparable provision to be determined by Prêt à Partager.
9.4 Prêt à Partager is authorized to make use of third parties in the execution of the order(s).
Article 10. Complaints
10.1 Prêt à Partager has a sufficiently publicised complaints procedure and will deal with the complaint in accordance with this complaints procedure.
10.2 Complaints about the execution of the agreement must be fully and clearly described and submitted to Prêt à Partager within 7 days, after the consumer has found the defects.
10.3 Complaints submitted to Prêt à Partager will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, Prêt à Partager will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
10.4 The consumer gives Prêt à Partager at least 4 weeks to resolve the complaint in mutual consultation. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure, as described in article 10.5.
10.5 In the event of complaints, a consumer should first of all contact Prêt à Partager (email@example.com). Prêt à Partager will handle the complaints as described in article 10.3. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. If there is still no solution, the consumer has the possibility to let his complaint be handled by the independent dispute commission appointed by Stichting WebwinkelKeur, the decision of which is binding and both Prêt à Partager and consumer agree to this binding decision. To submit a dispute to this dispute committee is a cost that the consumer must pay to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
10.6 A complaint does not suspend the obligations of the consumer, unless Prêt à Partager indicates otherwise in writing.
10.7 If a complaint is found to be justified by Prêt à Partager, Prêt à Partager will, at its discretion, either replace, repair or refund the delivered products free of charge.
Article 11. Applicable law
11.1 Dutch law applies exclusively to all rights, obligations, offers, orders and agreements to which these conditions apply. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.