Terms and Conditions

General Terms and Conditions DIFFERENT FOR MEN


Article 1 – Definitions

In these General Terms and Conditions the following definitions apply:

Cooling off period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a professional or commercial activity and who concludes a distance contract with the entrepreneur;

Day: calendar day;

Duration of the transaction: a distance contract for a series of products and/or services, the delivery and/or purchase obligation of which extends over a certain period of time;

Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed to them personally in such a way that future retrieval and unchanged reproduction of the stored information is possible.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;

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

Distance contract: a contract in which, within the framework of a system for the distance sale of products and/or services organized by the entrepreneur, one or more distance communication techniques are used exclusively until the conclusion of the contract;

Distance communication technology: means by which a contract can be concluded without the consumer and the entrepreneur entering at the same time



Article 2 – Identity of the entrepreneur

DIFFERENT FOR MEN
E-mail: info@differentformen.com
IBAN: NL41INGB0703180606
KVK: 91436044

DIFFERENT FOR MEN
Sandstrasse 31
46446 Emmerich am Rhein

 

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur as well as to all distance contracts and orders 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 reasonable, it will be pointed out before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and will be sent free of charge as quickly as possible at the consumer's request.

If the distance contract is concluded electronically, notwithstanding 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 a manner that the consumer can read and simply stored on a durable medium. If this is not reasonable, it will be stated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.


In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 apply accordingly and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable regulation that is most favorable to him.

If at any time one or more provisions of these General Terms and Conditions are, in whole or in part, void or declared void, the Agreement and these General Terms and Conditions will otherwise remain in force and the provision in question will be replaced without delay by a provision equivalent to the original comes as close as possible.

Situations not regulated in these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our General Terms and Conditions must 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 subject to conditions, this will be expressly stated in the offer.

The offer is subject to change. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, these represent a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to any compensation or termination of the contract.

Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.
Dies betrifft insbesondere:


The price includes taxes;

  • The manner in which the contract is concluded and what measures are required for this;
  • Whether the right of withdrawal applies or not;
  • The method of payment, delivery and execution of the contract;
  • The deadline for accepting the offer or the deadline within which the entrepreneur guarantees the price;
  • The amount of the distance communication fee if the costs for the use of the distance communication technology are calculated on a basis other than the regular basic tariff for the means of communication used;
  • Whether the contract will be archived after conclusion and, if so, how it can be viewed by the consumer;
  • The way in which the consumer can check and, if desired, restore the data provided by him under the contract before entering into the contract;
  • All other languages ​​in which the contract can be concluded other than Dutch;
  • The codes of conduct to which the trader has adhered and the way in which the consumer can consult these codes of conduct electronically; 
  • And the minimum term of the distance contract in the case of a long-term transaction.
Optional: available sizes, colors, material types.



Article 5 – The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the offer by the consumer and compliance with the conditions established.

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 entrepreneur has not confirmed receipt of this acceptance, the consumer can withdraw from the contract.
can create;

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transmission and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can, within the framework of the legal provisions, find out whether the consumer can meet his payment obligations, as well as all 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 conclude the contract, he is entitled to reject an order or request with reasons or to attach special conditions to the execution.

With the product or service, the entrepreneur provides the consumer with the following information in writing or in such a way that it can be stored on a durable medium so that it is accessible to the consumer:


1. The visiting address of the entrepreneur's branch where the consumer can lodge complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal or a clear statement excluding the right of withdrawal;
3. The information about guarantees and existing customer service;
4. The information contained in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before entering into the contract;
5. Requirements for termination of the contract if the contract has a term of more than one year or is unlimited.
In the case of a long-term transaction, the regulation in the previous paragraph only applies to the first delivery.

Every contract is concluded subject to the suspensive condition of sufficient availability of the products in question.


Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This reflection period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and communicated to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - as far as reasonably possible - in its original condition and packaging in accordance with the entrepreneur's reasonable and clear instructions.

If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receiving the goods. The consumer must communicate this by means of a written notice/e-mail. After the consumer has communicated that he wants to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in a timely manner, for example by providing proof of shipping.

If, after the expiry of the deadlines referred to in paragraphs 2 and 3, the customer has not declared that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.


Article 7 - Costs in the event of withdrawal

If the consumer exercises his right of withdrawal, the consumer will bear the costs of returning the products.

If the consumer has paid an amount, the entrepreneur will refund this amount as quickly as possible, but at the latest within 14 days of cancellation. The prerequisite for this is that the product has already been received back from the online retailer or conclusive proof of the complete return can be provided.

Hat der Kunde nach Ablauf der in den Absätzen 2 und 3 genannten Fristen nicht erklärt, dass er von seinem Widerrufsrecht Gebrauch machen möchte oder das Produkt nicht an den Unternehmer zurückgegeben hat, ist der Kauf eine Tatsache.

 

Article 8 – Exclusion of the

Right of withdrawal The entrepreneur may exclude the consumer's right of withdrawal for products in accordance with paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has at least clearly stated this in the offer in good time before concluding the contract.

An exclusion of the right of withdrawal is only possible for products:

1. that were created by the entrepreneur according to the consumer's specifications;
2. Which are clearly personal in nature;
3. which cannot be returned due to their nature;
4. This can spoil or age quickly;
5. the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
6. For loose newspapers and magazines;
7. For audio and video recordings as well as computer software whose seal has been opened by the consumer.
8. For hygiene products whose seal has been opened by the consumer.


    An exclusion of the right of withdrawal is only possible for services:

    1. which relate to accommodation, transport, catering or leisure activities and are provided on a specific date or within a specific period of time;
    2. the delivery of which began with the consumer's express consent before the cancellation period expired;
    3. Regarding betting and lotteries.

       
      Article 9 – The price

      During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.

      Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability for fluctuations and the fact that the prices given are guide prices are expressly pointed out in the offer.

      Price increases within 3 months of the conclusion of the contract are only permitted if they are based on legal provisions or regulations.

      Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:

      They result from legal provisions or regulations; or
      The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
      The prices stated 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 or typing errors. In the event of printing or typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.


      Article 10 – Conformity and guarantee

      The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the date on which the contract was concluded, legal provisions and /or official regulations. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than usual.

      A guarantee from the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

      Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

      The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is not liable for the final suitability of the products for each individual application by the consumer nor for any information regarding the use or application of the products.

      The warranty does not apply if:

      The consumer repairs and/or processes the delivered products himself or has them repaired and/or serviced by third parties;

      The products delivered were subjected to abnormal conditions or were otherwise treated negligently or contrary to the instructions given by the entrepreneur and/or on the packaging;

      The defect is due, in whole or in part, to regulations which the Government has issued or will issue regarding the type or quality of the materials used.

      Any special additional customs clearance costs and/or import duties are not included in the price and are the responsibility of the customer.


      Article 11 – Delivery and execution

      The entrepreneur shall exercise the greatest care when receiving and executing product orders.

      The delivery location is the address that the consumer has provided to the company.

      Taking into account the provisions of Article 4 of these General Terms and Conditions, the Company will execute accepted orders expeditiously, but no later than within 30 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation.

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

       

      If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return will be borne by you.


      The risk of damage and/or loss of the products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and communicated to the entrepreneur, unless expressly agreed otherwise.

      Any special additional customs clearance costs and/or import duties are not included in the price and are the responsibility of the customer.


      Article 12 - Permanent transactions: duration, termination and extension

      Termination
      The consumer may terminate a contract concluded for an indefinite period and which extends to the regular supply of products (including electricity) or services at any time, taking into account the agreed termination rules and a maximum notice period one month.

      The consumer may terminate a contract concluded for a specific period, which extends to the regular supply of products (including electricity) or services, at any time at the end of the specified term, taking into account the agreed termination rules and giving a notice period of at least a maximum of one month.

      The Consumer may:

      Terminate the agreements referred to in the preceding paragraphs at any time and is not limited to termination at a specific time or in a specific period;

      At least terminate in the same manner as agreed upon by him;

      Always cancel with the same notice period that the entrepreneur agreed for himself.

      Extension

      A contract concluded for a specific period and covering the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.

      Notwithstanding the preceding paragraph, a contract concluded for a specific period, which extends to the regular delivery of daily news and weekly newspapers and magazines, may be tacitly renewed for a fixed period of up to three months if the consumer refuses to accept this renewed agreement . You can cancel the extension with a maximum of one month's notice.

      A contract concluded for a specific period and extending to the regular supply of products or services can only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of not more than one month and a notice period of not more than three months if the agreement extends to the regular delivery of daily, news and weekly newspapers and magazines, but less than once a month.

      A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines to get you started (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period has ended.

      Duration

      If a contract has a term of more than one year, the consumer can terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

       
      Article 13 – Payment

      Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the contract.

      The consumer is obliged to immediately report any inaccuracies in the payment data transmitted or communicated to the entrepreneur.

      If the consumer does not pay, the entrepreneur is entitled, subject to legal restrictions, to invoice the reasonable costs communicated to the consumer in advance.

       
      Article 14 - Complaints procedure

      Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days of the consumer discovering the defects, fully and clearly described.

      Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint is expected to require a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

      If the complaint cannot be resolved amicably, a dispute arises which is subject to the dispute resolution process.

      A complaint does not invalidate the entrepreneur's obligations, unless the entrepreneur states otherwise in writing.

      If the entrepreneur finds a complaint to be justified, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

       

      Article 15 – Disputes

      Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

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