My female freedom

Algemene voorwaarden


Table of contents

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The assortment

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Consumer obligations during the cooling-off period

Article 8 - Pursuit of the right of withdrawal by the consumer and its costs

Article 9 - Obligations of the entrepreneur in the case of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Compliance and extended warranty

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, cancellation, and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or exceptional provisions

 

Article 1 - Definitions

To these conditions, the following definitions apply:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services related to a distance agreement and these matters, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Cooling-off period: the time limit within which the consumer is allowed to make use of his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes relating to his commercial, business, crafts, or professional activities;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Duration agreement: an agreement relating to the regular supply of business, services, and/or digital content for a certain period of time;
  7. Sustainable data medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended and that allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility of the consumer to waive the distance agreement within the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or remote services to consumers;
  10. Distance agreement: an agreement concluded between the entrepreneur and the consumer under an organised system for remote sales of products, digital content and/or services, using only or co-using one or more remote communication techniques until the conclusion of the contract;
  11. Standard form for withdrawal: the European standard form for withdrawal set out in Annex I to these conditions. Annex I need not be made available if the consumer has no right of withdrawal in respect of his order;
  12. Remote communication technology: means that can be used to conclude an agreement, without consumers and entrepreneurs having to meet simultaneously in the same space.

 

Article 2 - Identity of the entrepreneur

Epicurus Entertainment B.V., trade name Breastflower; Dorpsweg 7, 4223 NA Hoornaar, The Netherlands;
Phone number: +31(0)682877624 (available on weekdays from 09:00 to 17:00)
Email address: info@breastflower.com
Chamber of Commerce number: 30256442
VAT identification number: NL820542210B01

 

Article 3 - Applicability
  1. These terms and conditions apply to any offer of the entrepreneur and to any distance agreement established between the entrepreneur and the consumer.
  2. Before the distance agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded how the terms and conditions can be inspected and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance agreement is concluded electronically, by way of derogation from the previous paragraph and before the distance agreement is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the agreement is concluded remotely where the terms and conditions can be communicated by electronic means and that they will be sent by electronic means or otherwise free of charge at the consumer's request.
  4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of conflicting conditions, always invoke the applicable provision that is most favourable to him.

 

Article 4 - The offer
  1. If an offer has a limited period of validity or is made under conditions, this shall be explicitly stated in the offer.
  2. The offer contains a full and accurate description of the products offered, digital content and/or services. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
  3. Each offer shall contain such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer.

 

Article 5 - The agreement
  1. The agreement shall be concluded, subject to paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down therein.
  2. If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately confirm by electronic means receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
  3. If the agreement is made electronically, the entrepreneur will take appropriate technical and organisational measures to ensure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate security measures.
  4. The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors relevant to the responsible entry into the distance agreement. If, based on this examination, the entrepreneur has good grounds for not entering into the contract, he is entitled to refuse an order or application or to attach special conditions to the execution.
  5. The entrepreneur shall, by the latest, provide the consumer with 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:
    1. the visit address of the entrepreneur's establishment where the consumer can go with complaints;
    2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
    3. information on warranties and existing post-purchase service;
    4. the price including all loads of product, service, or digital content;
    5. to the extent applicable the cost of delivery;
    6. and the method of payment, delivery, or implementation of the distance agreement;
    7. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
    8. if the consumer has a right of withdrawal, the model form for revocation.
  6. In the case of a duration transaction, the provision in the previous paragraph shall apply only to the first delivery.

 

Article 6 - Right of withdrawal

Regarding products:

  1. The consumer may terminate an agreement relating to the purchase of a product for a minimum of 14 days without statement of reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige them to give their reason(s).
  2. The cooling-off period referred to in paragraph 1 shall begin on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
    1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party he has designated, received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with a different delivery time.
    2. if the supply of a product consists of several shipments or components: the day on which the consumer, or a third party appointed by him, received the last shipment or the last component;
    3. in the case of agreements for regular delivery of products for a specified period of time: the day on which the consumer, or a third party appointed by him, received the first product.

 

Regarding services and digital content not provided on a material carrier:

  1. The consumer may terminate a service agreement and an agreement for the supply of digital content which has not been delivered on a material carrier for at least 14 days without statement of reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but do not oblige them to give his reason(s).
  2. The cooling-off period referred to in paragraph 3 shall begin on the day following the conclusion of the agreement.

 

Extended cooling-off period for products, services and digital content not provided on a material medium when not informing about the right to withdraw:

  1. If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the registration model form, the cooling-off period shall expire 12 months after the end of the original cooling-off period set in accordance with the previous paragraphs of this Article.
  2. If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within 12 months since the effective date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received such information.

 

Article 7 - Consumer obligations during the cooling-off period
  1. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only extract or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The basic assumption here is that the consumer is only allowed to handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer is only liable for the depreciation of the product resulting from a way of dealing with the product that goes beyond permitted in paragraph 1.
  3. The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

 

Article 8 - Pursuit of the right of withdrawal by the consumer and its costs
  1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the time limit by means of the standard form for withdrawal or otherwise unambiguously.
  2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. In any event, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
  3. The consumer shall return the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer shall bear the direct cost of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur states that he is carrying the costs himself, the consumer does not have to bear the costs of return.
  6. If the consumer withdraws after first explicitly requesting that the provision of the service or the supply of gas, water or electricity not prepared for sale be completed in a limited volume or certain quantity commences during the cooling-off period, the consumer shall owe the entrepreneur an amount commensurate with that part of the undertaking fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfilment of the commitment.
  7. The consumer shall bear no costs for the performance of services or the supply of water, gas, or electricity, which are not prepared for sale in a limited volume or quantity, or to supply district heating, if:
    1. the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the compensation for withdrawal or the standard form for withdrawal, or;
    2. the consumer has not explicitly requested the commencement of the service or supply of gas, water, electricity, or district heating during the cooling-off period.
  8. The consumer shall not bear any costs for the complete or partial supply of digital content not supplied on a material carrier, if:
    1. he did not expressly agree to commence the fulfilment of the agreement before the end of the cooling-off period prior to its delivery;
    2. he has not acknowledged losing his right of withdrawal in granting his consent; or
    3. the entrepreneur has failed to confirm this consumer's statement.
  9. If the consumer exercises his right of withdrawal, all additional agreements are legally terminated.

 

Article 9 - Obligations of the entrepreneur in the case of withdrawal
  1. If the entrepreneur makes possible the notification of withdrawal by the consumer in an electronic manner, he shall immediately send a receipt upon receipt of this notification.
  2. The entrepreneur shall reimburse all consumer payments, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days of the day on which the consumer shall notify him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to repay until he has received the product or until the consumer proves that he has returned the product, according to which occurs earlier.
  3. The entrepreneur shall use the same means of payment used by the consumer for reimbursement unless the consumer agrees to another method. The refund is free of charge to the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional costs for the more expensive method.

 

Article 10 - Exclusion of right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this at the time of the offer, at least in time for the conclusion of the contract:

  1. Products or services whose price is tied to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, headed by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements, after full implementation of the service, but only if:
    1. implementation began with the explicit prior consent of the consumer; and
    2. the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully implemented the contract;
  4. Package holidays as referred to in Article 7:500 BW and passenger transport agreements;
  5. Service agreements for provision of accommodation, if the agreement provides for a certain date or period of implementation and other than for residential purposes, freight transport, car rental services and catering;
  6. Agreements relating to leisure activities, if the agreement provides for a certain date or period of implementation thereof;
  7. Products produced according to consumer specifications, which are not prefabricated and which are manufactured based on an individual choice or consumer's decision, or which are clearly intended for a specific person;
  8. Products that spoil quickly or have a limited shelf life;
  9. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose sealing has been broken after delivery;
  10. Products which, by their very nature, are irrevocably mixed with other products after delivery;
  11. Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but whose supply can only take place after 30 days, and the actual value depends on fluctuations in the market on which the entrepreneur has no influence;
  12. Sealed audio, video recordings and computer software, the sealing of which was broken after delivery;
  13. Newspapers or magazines, with the exception of subscriptions to them;
  14. The delivery of digital content other than on a material carrier, but only if:
    1. implementation began with the express prior consent of the consumer; and
    2. the consumer has stated that this will lose his right of withdrawal.

 

Article 11 - The price
  1. During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, subject to price changes due to changes in VAT rates.
  2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and on which the entrepreneur has no influence with variable prices. This commitment to fluctuations and the fact that any prices listed are target prices are mentioned in the offer.
  3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legislation or provisions.
  4. Price increases after 3 months after the conclusion of the agreement are only permitted if the entrepreneur has negotiated it and:
    1. they are the result of legislation or provisions; or
    2. the consumer has the power to terminate the contract from the day on which the price increase starts.
  5. The prices listed in the offer of products or services include VAT.

 

Article 12 - Compliance agreement and additional guarantee
  1. The entrepreneur shall ensure that the products and/or services comply with the agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also insists that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, his subcontractor, manufacturer, or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur under the contract if the entrepreneur has failed to fulfil his part of the contract.
  3. The additional guarantee means any undertaking by the entrepreneur, his subcontractor, importer or producer in which it grants to the consumer certain rights or claims which go beyond what is legally required in the event that he has failed to comply with his part of the contract.

 

Article 13 - Delivery and execution
  1. The entrepreneur will take the utmost care when receiving and executing orders of products and in assessing requests for services.
  2. As a place of delivery, the address that the consumer has made known to the entrepreneur applies.
  3. Considering what is specified in Article 4 of these terms and conditions, the entrepreneur shall carry out accepted orders with competent urgency but not later than 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will receive a message no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost and the right to potential compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
  5. The risk of damage and/or disappearance of products rests with the entrepreneur until the time of delivery to the consumer or a pre-appointed representative disclosed to the entrepreneur, unless expressly otherwise agreed.

 

Article 14 - Duration transactions: duration, cancellation, and renewal

Termination:

  1. The consumer may terminate an indefinite contract which extends to the regular delivery of products (including electricity) or services, at any time subject to notice rules agreed to that end and a notice period of no more than one month.
  2. The consumer may terminate an agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed period, subject to the agreed notice rules and a notice period of no more than one month.
  3. Regarding the agreements mentioned in previous paragraphs, the consumer may:
    1. cancel these at all times and not be limited to termination at a given time or during a given period;
    2. at least cancel these in the same way as they have been contracted;
    3. always cancel these with the same notice period as the entrepreneur has negotiated for himself.

 

Extension:

  1. An agreement entered for a fixed period of time which extends regularly to the delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
  2. By way of derogation from the previous paragraph, an agreement entered into for a fixed period and which extends regularly to the regular delivery of daily news, news and weekly newspapers and magazines may be tacitly renewed for a maximum period of three months if the consumer can terminate this extended contract by the end of the extension with a notice period of no more than one month.
  3. An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed indefinitely if the consumer is allowed to cancel at any time with a notice period of no more than one month. The notice period shall not exceed three months in the event that the agreement extends to the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.
  4. An agreement with limited duration to the regular delivery of daily, news and weekly magazines and magazines (proof or introductory subscription) is not tacitly continued and automatically ends after the end of the trial or introductory period.

 

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 15 - Payment
  1. To the extent that the agreement or additional conditions are not otherwise specified, the amounts due by the consumer shall be paid within 14 days of the start of the cooling-off period, or in the absence of a cooling-off period within 14 days of the conclusion of the contract. In the case of an agreement to provide a service, this period shall begin on the day after the consumer has received confirmation of the contract.
  2. When selling products to consumers, consumers should never be required to prepayment more than 50% in terms of terms and conditions. Where prepayment has been negotiated, the consumer cannot assert any right in respect of the execution of the relevant order or service(s) before the negotiated prepayment has taken place.
  3. The consumer has a duty to report inaccuracies in payment details provided or disclosed to the entrepreneur without delay.
  4. If the consumer does not fulfil his obligation to pay in good time, after being informed by the entrepreneur of the late payment and awarding the consumer a period of 14 days to comply with his payment obligations after the absence of payment within that 14-day period, he shall be liable for the statutory interest on the amount still due and the entrepreneur is entitled to charge the out-of-court collection costs incurred by him. These collection fees are maximum: 15% on outstanding amounts up to € 2,500,=; 10% over the following € 2,500,= and 5% over the next € 5,000,= with a minimum of € 40,=. The entrepreneur may deviate from these amounts and percentages for the benefit of the consumer.

 

Article 16 - Complaints scheme
  1. The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the contract must be submitted completely and clearly to the entrepreneur within a reasonable time after the consumer has identified the deficiencies.
  3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur replies within the 14-day period with a receipt notice and an indication when the consumer can expect a more detailed answer.
  4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises which is open to the dispute settlement.

 

Article 17 - Disputes
  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these terms and conditions relate.

 

Article 18 - Additional or exceptional provisions

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

 

 

Annex I: Standard form for withdrawal

 

Standard form for withdrawal

(fill out and return this form only when you wish to revoke the agreement)

 

To:

Epicurus Entertainment B.V., Breastflower
Dorpsweg 7, 4223 NA Hoornaar
info@breastflower.com / +31(0)682877624 (available on weekdays from 09:00 to 17:00)

 

I/We* inform you hereby, that I/we* revoke our agreement regarding the sale of the following products:

 

Ordered on*/received on*

  • Name consumer:
  • Consumer address:
  • Consumer(s) signature): (only when this form is submitted on paper)

 

* Cross out what does not apply or fill out what applies.

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