Terms and Conditions


Article 1 – Definitions

In these terms and conditions, the following definitions apply:

 

  • Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

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

  • Day: calendar day.

  • Continuous 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 medium that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction.

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

  • Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same space.

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

 

 

 

Article 2 – Identity of the entrepreneur

Company name: Devyne Antwerp

Business address: Kaardijkstraat 3a, 2870 Ruisbroek

Email: devyneantwerp@gmail.com

Chamber of Commerce number: 1013686820

VAT identification number: BE1013686820

 

 

Article 3 – Applicability

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


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


If the contract is concluded electronically, the text of these terms and conditions can, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier.


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


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


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

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

Article 4 – The offer

If an offer has a limited validity period or is made under conditions, this will be expressly 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 offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.


All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors 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 the acceptance of the offer, particularly regarding:

 

  • the price (excluding customs clearance costs and import VAT, which are at the consumer’s expense and risk);

  • possible shipping costs;

  • the manner in which the agreement will be concluded;

  • the applicability of the right of withdrawal;

  • payment, delivery, and performance methods;

  • the term for accepting the offer;

  • whether the contract will be archived and how it can be accessed;

  • the means of correcting provided data before concluding the agreement;

  • available sizes, colors, and materials.

 

 

 

Article 5 – The agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the time the consumer accepts the offer and fulfills the corresponding conditions.


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


If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment.


The entrepreneur may investigate whether the consumer can meet their payment obligations, and if there are good reasons, refuse an order or attach special conditions.


The entrepreneur shall provide the consumer with the following information with the product or service, in writing or in a manner that can be stored on a durable data carrier:

 

  • the visiting address of the entrepreneur’s establishment;

  • the conditions and method of exercising the right of withdrawal;

  • warranty information and after-sales service;

  • payment, delivery, and performance details;

  • the termination requirements of contracts of more than one year.

 

 

 

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving reasons. The withdrawal period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer.


During the withdrawal period, the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it.


If the consumer exercises the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product via written statement/email. After notification, the consumer must return the product within 14 days.


If the consumer has not notified or returned the product in time, the purchase is final.

 

 

Article 7 – Costs in case of withdrawal

If the consumer makes use of the right of withdrawal, the costs of return are borne by the consumer.


If the consumer has already paid, the entrepreneur will refund the amount as soon as possible, but at the latest within 14 days after withdrawal, provided the product has been received back.

 

 

Article 8 – Exclusion of right of withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products or services as described in paragraph 2 and 3, for example:

 

  • customized products;

  • personal items;

  • perishable goods;

  • hygiene-sensitive products if the seal is broken;

  • services that have already begun with the consumer’s explicit consent before the withdrawal period has ended.

 

 

 

Article 9 – Price

Prices stated during the validity period of an offer will not be increased, except for changes due to VAT regulations.


All prices are subject to printing and typographical errors.

 

 

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, reasonable requirements of usability, and existing statutory provisions.


Warranty does not apply if:

 

  • the consumer has repaired/modified products themselves;

  • the products are exposed to abnormal conditions or handled carelessly.

 

 

 

Article 11 – Delivery and performance

The entrepreneur will take the greatest possible care in receiving and executing product orders.


Delivery address = the address provided by the consumer.

Delivery will take place within 30 days unless otherwise agreed.


The risk of damage/loss remains with the entrepreneur until delivery.

 

 

Article 12 – Continuous transactions

Contracts entered into for an indefinite period can be terminated at any time with a notice period of one month.


Fixed-term contracts cannot be tacitly extended beyond the agreed period.

 

 

Article 13 – Payment

Unless otherwise agreed, payment must be made within 7 working days.


In case of non-payment, the entrepreneur has the right to charge reasonable collection costs.

 

 

Article 14 – Complaints procedure

Complaints must be submitted within 7 days after discovery of defects.


The entrepreneur will respond within 14 days. If a complaint requires longer processing time, the consumer will receive confirmation with an indication of when they can expect a detailed response.

 

 

Article 15 – Disputes

All agreements between entrepreneur and consumer are governed by Dutch law.

 

 

Article 16 – CESOP

As of 2024, due to EU payment regulations (CESOP), payment service providers may record and report certain payment data in the European CESOP system.