Article 12 - Duration transactions: duration, cancellation and extension
Article 14 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these conditions, the following are understood to be:
Reflection period: the period within which the consumer can use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance agreement with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to waive the distance agreement within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement for which, in the context of a system organised by the entrepreneur for distance selling of products and/or services up to and including the conclusion of the agreement, use is made exclusively of one or more techniques for distance communication;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.
Article 2 – Identity of the entrepreneur
FreshCotton Retail BV;
Achtergracht 15, 1017 WL Amsterdam;
Telephone number: 0204285917 (available during office hours)
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is 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 may be viewed at the entrepreneur, and they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, in derogation of 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 it can be stored by the consumer in a simple way 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 may be accessed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions the consumer may always invoke the applicable provision that is most favourable to him.
Article 4 - The offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in 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 uses images, these are an accurate representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price including taxes;
any costs of delivery;
the manner in which the agreement will be concluded and which actions are required for that purpose;
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 basic 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 verify and, if desired, restore the data provided by him within the framework of the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;
and the minimum duration of the distance agreement in the case of a continuing performance contract.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate 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 he will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may—within the confines of the law— make inquiries as to whether the consumer is able to meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he shall be entitled to refuse an order or request or to attach special conditions to the execution of the agreement.
With the product or service to the consumer, the entrepreneur will include 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:
the visiting address of the establishment of the entrepreneur to which the consumer may address any complaints;
the conditions under which and the way in which the consumer may exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing service after purchase;
the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data to the consumer prior to the execution of the agreement;
the requirements for cancelling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of an continuing performance contract, the provision in the previous paragraph shall apply only to the first delivery.
Article 6 – Right of withdrawal
When delivering products: When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 30 days. This reflection period starts on the day following receipt of the product by the consumer or a representative, designated in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and—if reasonably possible—in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. See Article 7 for specific explanation of the right of withdrawal.
Article 7 - Returns
Every product ordered on the website may be returned within 30 days after it has been delivered to the buyer, without stating a reason (note the above exception: if the product has been delivered defective or incomplete, the buyer must send an email to the FRESHCOTTON support team, and wait for further instructions).
The right to return the product only applies if the product and the packaging can be returned in the same condition as when it was delivered. The buyer is only permitted to open the package or use the product to be able to decide whether he/she wishes to keep the product.
The buyer is responsible for the return of the order and bears all risks related to the shipment. FRESHCOTTON advises the buyer to return the product with the enclosed return form. The costs to return the order are for the buyer. In case an insured return goes missing, is damaged, or the delivery is refused (for example, if a valid signature for receipt cannot be presented by the carrier), the buyer has the option to hold the carrier responsible. In this case, as the sender of the return shipment, the buyer must initiate a complaints procedure with the transport company that he or she has used for the return shipment. The buyer must keep the proof of shipment, including the track & trace details of the insured return shipment, so that he/she can hold the carrier liable if the return shipment is missing or damaged or if receipt of the return shipment is disputed.
When delivering services: When delivering services, the consumer has the option of dissolving the agreement without giving any reason for at least thirty days, starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been established 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 depends on 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.
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 certain date or during a certain period;
the delivery of which has begun with the express consent of the consumer before the reflection period has expired;
concerning betting 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 as a result of changes in VAT rates.
In deviation of the previous paragraph, the entrepreneur can offer products or services of which the prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link with fluctuations and the fact that any stated prices are target prices are stated in the offer.
Discount codes cannot be used in combination with current promotions or offers, unless excepted by FRESHCOTTON. Codes cannot be used on previously placed orders and are not transferable or redeemable for cash or credit. To use a discount code, it must be entered before the order is completed.
Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement effective from the day on which the price increase takes effect.
The prices stated in the range of products or services are inclusive of VAT.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, the entrepreneur also guarantees 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 is able to assert against the entrepreneur under the agreement.
Article 11 - Delivery and execution
When delivering the order, the entrepreneur does not charge shipping costs, provided that this order exceeds 75.00 euros. Orders under 75.00 euros are sent at an additional amount of 3.50 euros.
The entrepreneur will take the greatest possible care when receiving and implementing 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. To prevent problems concerning the delivery (incorrectly entered addresses, no persons present at shipping address, etc.), a buyer must enter the address details correctly. In the case of incorrect or incorrectly entered address details, FRESHCOTTON is not liable for the delayed delivery time of the order.
With due observance of what is stated about this in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to possible compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
In the event that the order is delivered incomplete or defective, the buyer must notify FRESHCOTTON immediately by telephone or email as soon as possible (within 24 hours after the order has been received). Subsequently, FRESHCOTTON will handle the case; the buyer must always inform FRESHCOTTON and wait for instructions. A buyer who returns the product at his own expense, without informing FRESHCOTTON and waiting for instructions from FRESHCOTTON, cannot claim any reimbursement of costs incurred by the buyer, nor hold FRESHCOTTON responsible for the return shipment.
In the event that a buyer receives a product that he/she has not ordered, the buyer must inform FRESHCOTTON as soon as possible (within 24 hours after the order has been delivered). The buyer must arrange for the product to be returned after he or she has received instructions from FRESHCOTTON. FRESHCOTTON will then bear the costs of the return shipment and will have a new product sent to the buyer, if these are in stock.
Article 12 – Extended transactions: duration, cancellation, and extension
The consumer may at all times terminate an agreement that has been entered into for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of at most one month.
The consumer may at all times terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a cancellation period of one month at most.
With respect to the agreements referred to in the previous paragraphs, the consumer may:
- cancel them at any time and not be limited to cancellation at a specific time or in a specific period;
- at least cancel them in the same way as they have been entered into by him;
- always cancel them with the same notice period as the entrepreneur has stipulated for himself.
An agreement that has been entered into for a definite period of time and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific duration.
By way of derogation from the previous paragraph, an agreement that has been entered into for a definite period of time and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a specific duration of a maximum of three months, if the consumer may cancel this extended agreement at the end of the extension with a notice period of at most one month.
An agreement for a definite period, which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may cancel at any time with notice of one month and a notice of up three months if the agreement is about regularly, but less than once a month, delivering daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a cancellation period of at most one month, unless reasonableness and fairness preclude cancellation before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s), before the advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
In the event of default on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints procedure
The entrepreneur has a well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted promptly, fully and clearly described to the entrepreneur, after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
Warranty and repair
FRESHCOTTON offers a guarantee period of 30 days. The 30-day warranty guarantees the buyer that the product meets requirements of usability, reliability, and durability. The warranty does not apply to the following cases:
- The product has been damaged by inattention or improper use by the buyer.
- Damage caused by a repair or modification by a third party without the consent of FRESHCOTTON.
- Breakage or damage caused by water or fire.
- External changes due to normal use of the product.
In case of questions about warranty, the buyer can always contact the FRESHCOTTON Support team: [email protected]
FRESHCOTTON is not liable for damage or other compensation in connection with defects of the agreement due to events that cannot be attributed to FRESHCOTTON. Non-liability applies, among others, to cases of government intervention, new/modified legislation, war, fire, flood, strikes, prohibition, sabotage, weather conditions, defects in the delivery of suppliers and impediment by criminal activities.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
Article 15 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, shall exclusively be governed by the laws of the Netherlands.
Article 16 - Additional or deviating provisions
Additional or deviating provisions 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 in an accessible manner on a durable data carrier.