TERMS & CONDITIONS

The general terms and conditions below may be used by members of WebwinkelKeur.

Want to know if this webshop has a membership? > https://www.webwinkelkeur.nl/ledenlijst/

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Table of Contents

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 - Duration transactions: duration, termination, and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

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Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within 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;

Long-term transaction: a distance contract relating to a series of products and/or services, with the obligation to supply and/or purchase 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 option for the consumer to withdraw from the distance contract within the cooling-off period;

Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal.

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

Distance contract: an agreement in which, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;

Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same space at the same time.

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

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Article 2 - Identity of the entrepreneur

Altum Fashion;
Tortelduif 4
7827NL Emmen, Netherlands

Email address: support@altum.fashion
Chamber of Commerce number: 90782038
VAT identification number: NL004840382B14

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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 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 viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.

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

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in force for the rest, and the relevant provision will be replaced by a provision that, in mutual consultation, approximates the original intention as closely as possible.

Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

 

Article 4 - The Offer

If an offer has a limited period of validity or is made under certain 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 make a proper assessment of the offer. If the entrepreneur uses images, they 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 in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown will exactly match the actual colours of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This particularly concerns:

• the price, including taxes;

• any shipping costs;

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

• whether or not the right of withdrawal is applicable;

• 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 technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;

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

• the way in which the consumer, before concluding the agreement, can check the data provided by them under the agreement and, if desired, correct it;

• the other languages, if any, in which, in addition to Dutch, the agreement can be concluded;

• the codes of conduct to which the entrepreneur has subjected themselves and how the consumer can consult these codes of conduct electronically; and

• the minimum duration of the distance contract in the case of a long-term 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 conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur will 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 can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational 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 for this purpose.

The entrepreneur may, within the limits of the law, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, stating the reasons, or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

• 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;

• the information on guarantees and existing after-sales services;

• the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;

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

In the case of a long-term 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

For delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the product is received by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to retain the product. If they exercise their right of withdrawal, the consumer will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known using the model withdrawal form or another communication method, such as by email. After the consumer has indicated that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned in 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 made it known that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

For delivery of services:

For the delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.

To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

 

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, at most, the cost of return shipment will be at the consumer's expense.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided. The refund will be made using the same payment method that the consumer used unless the consumer explicitly agrees to a different payment method.

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

The consumer cannot be held liable for depreciation in the value of the product if the entrepreneur did not provide all legally required information about the right of withdrawal, which must be done before the purchase agreement is concluded.

 

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer, 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;

• the price of which is subject to fluctuations in the financial market that the entrepreneur has no influence over;

• for individual newspapers and magazines;

• for audio and video recordings and computer software for which the consumer has broken the seal;

• for hygiene products for which the consumer has broken the seal.

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

• relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;

• the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;

• relating to bets and lotteries.

Article 9 - The Price

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

Contrary to 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 control, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be stated in the offer.

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

Price increases from 3 months after the conclusion of 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 with effect from the day on which the price increase takes effect.

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

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

 

Article 10 - Conformity and Warranty

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

A warranty 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 the statutory warranty. The duration of the statutory warranty may vary depending on the nature of the product.

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

The warranty does not apply if:

• the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

• the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;

• the defectiveness is wholly or partially the result of regulations that the government has set or will set concerning the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.

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

Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer will be informed of this no later than 30 days after they have placed the order. In such cases, the consumer has the right to dissolve the agreement without any costs. The consumer is not entitled to compensation.

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

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of a product ordered is impossible, the entrepreneur will make every effort to make a replacement item available. The consumer will be informed in a clear and comprehensible manner at the latest upon delivery that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is at the expense of 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 - Duration 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, subject to 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 definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

• at any time and not be limited to termination at a specific time or during a specific period;

• at least terminate in the same manner as they were entered into by the consumer;

• always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

A definite period agreement that has been entered into and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Contrary to the previous paragraph, a definite period agreement that has been entered into and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of no more than three months if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.

A definite period agreement that has been entered into 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 at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A limited duration agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will 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 commencement of the cooling-off period referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

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

In the event of non-payment by the consumer, the entrepreneur is entitled, 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 publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

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

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

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

In case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and complaints that cannot be resolved in mutual consultation, the consumer must 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 there is still no solution, the consumer has the option of having their complaint handled by the independent dispute resolution committee appointed by WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree with this binding decision. Submitting a dispute to this dispute resolution committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

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 will, at their 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 apply are exclusively governed by Dutch law, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional provisions or provisions that deviate 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 the consumer can store them in an accessible manner on a durable data carrier.