General Terms and Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions shall apply:

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

Consumer: the natural person who does not act for purposes relating to a trade, business, craft, or profession, and who enters into a distance contract with the trader.

Day: calendar day.

Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time.

Durable medium: any device that enables the consumer or trader to store information addressed personally to them in a way that allows future reference and unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.

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

Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment at which the contract is concluded.

Means of distance communication: any means that can be used for concluding a contract without the consumer and the trader being simultaneously present in the same place.

General Terms and Conditions: these present General Terms and Conditions of the trader.

Article 2 – Identity of the Trader

Business name: Gen Products
Trade name: Everly
Company registration number: 95006605
VAT number: NL005124181B27
Customer service email: info@everlyfashion.co.uk
Business address: Middelplaten 3, 2134WB Hoofddorp, The Netherlands (no physical shop or visiting address)

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

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

  3. If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of deviation from the previous paragraph, be provided to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

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

  5. If one or more provisions of these general terms and conditions are found to be wholly or partially void or are annulled at any time, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by mutual agreement with a provision that approximates the purpose and intent of the original provision as closely as possible.

  6. Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.

  7. Ambiguities about the interpretation or content of one or more provisions of these general terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 – The Offer

  1. If an offer is subject to a limited period of validity or is made under specific conditions, this shall be expressly stated in the offer.

  2. The offer is non-binding. The trader reserves the right to modify or amend the offer.

  3. 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 proper assessment of the offer. If the trader uses images, these shall represent the products and/or services truthfully. Apparent mistakes or manifest errors in the offer shall not bind the trader.

  4. All images, specifications, and data included in the offer are indicative and may not give rise to compensation or dissolution of the contract.

  5. Images of products are a truthful representation of the products offered. The trader cannot guarantee that the colours displayed on the consumer’s screen correspond exactly to the actual colours of the products.

  6. Each offer shall contain such information that makes it clear to the consumer what rights and obligations are attached to acceptance of the offer. This particularly concerns:

    • the price, excluding customs clearance fees and import VAT. These additional costs shall be borne by the customer. Postal and/or courier services may apply a special arrangement for postal and courier services when goods are imported into the EU country of destination;

    • any shipping costs;

    • the method by which the agreement will be concluded and what actions are required for this;

    • whether or not the right of withdrawal applies;

    • the method of payment, delivery, and performance of the contract;

    • the period for accepting the offer, or the period within which the trader guarantees the price;

    • the amount of the tariff for distance communication if the cost of using the distance communication technique is calculated on a basis other than the regular basic rate;

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

    • the manner in which the consumer, before concluding the contract, can verify and, if necessary, correct the information provided;

    • any other languages in which the contract may be concluded;

    • the codes of conduct to which the trader has subscribed and the manner in which these codes can be consulted electronically; and

    • the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 – The Agreement

  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.

  2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

  3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader shall take appropriate security measures to that end.

  4. The trader may, within legal limits, obtain information about the consumer’s ability to meet payment obligations, as well as any facts and factors relevant to the responsible conclusion of a distance contract. If, based on this investigation, the trader has legitimate grounds not to enter into the contract, they are entitled to refuse an order or request, or to attach special conditions to its execution.

  5. The trader shall send the following information to the consumer, in writing or in such a way that it can be stored on a durable medium accessible to the consumer, at the latest upon delivery of the product or service:

    • the trader’s business address where the consumer can lodge complaints;

    • the conditions under which, and the manner in which, the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

    • information on warranties and existing after-sales service;

    • the data referred to in Article 4(6), unless the trader has already provided such data to the consumer prior to the execution of the contract; and

    • the requirements for termination of the contract if it has a duration of more than one year or is of indefinite duration.

  6. In the case of a continuing performance contract, the provision in the preceding paragraph shall apply only to the first delivery.

  7. Each contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

  1. When purchasing products, the consumer has the right to dissolve the contract without giving any reason within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated by the consumer and known to the trader, has received the product.

  2. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall 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, the product shall be returned to the trader with all supplied accessories, and—if reasonably possible—in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

  3. If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days after receiving the product, via written notice or email. After this notification, the consumer must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example by means of proof of shipment.

  4. If, after the periods referred to in paragraphs 2 and 3, the consumer has not notified the trader of the wish to exercise the right of withdrawal or has not returned the product to the trader, the purchase shall be deemed final.

Article 7 – Costs in the Event of Withdrawal

If the consumer makes use of their right of withdrawal, the costs for returning the products shall be borne by the consumer.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition for this is that the product has already been received back by the webshop owner or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

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

  • that have been created by the trader in accordance with the consumer’s specifications;

  • that are clearly personal in nature;

  • that, by their nature, cannot be returned;

  • that can spoil or age quickly;

  • whose price is dependent on fluctuations in the financial market over which the trader has no influence;

  • for individual newspapers and magazines;

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

  • for hygienic products of 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 carried out on a certain date or during a specific period;

  • whose performance 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 mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the trader can offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices shall be stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

  • they are the result of statutory regulations or provisions; or

  • the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.

The place of delivery shall, pursuant to Article 5, paragraph 1, of the Turnover Tax Act 1968, be the country where the transport commences. In this case, delivery takes place outside the EU. Following this, import VAT and/or clearance fees will be collected from the customer by the postal or courier service. Therefore, the trader will not charge VAT.

All prices are subject to printing and typing errors. No liability shall be accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the trader is not obliged to deliver the product at the incorrect price.

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

Article 10 – Conformity and Warranty

The trader guarantees 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 legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.

A guarantee provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can make against the trader based on the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days after delivery. The return of the products must take place in the original packaging and in new condition.

The warranty period of the trader corresponds to the factory warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

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

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

  • The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader shall exercise the greatest possible care when receiving and executing orders for products.

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

Subject to what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be carried out, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and the right to possible compensation.

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

If delivery of an ordered product proves to be impossible, the trader shall make an effort to make a replacement article available. At the latest upon delivery, it shall be stated clearly and understandably that a replacement article is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated and announced representative, unless expressly agreed otherwise.

Article 12 – Continuing Performance Contracts: 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 with due observance of 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 definite period with due observance of 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 in a specific period;

  • at least terminate them in the same way as they were entered into by them;

  • always terminate them with the same notice period as the trader has stipulated for themselves.

Renewal

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

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

An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may at all times terminate with a notice period of no more than one month and a notice period of no more than three months in the event the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall 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 for the provision of a service, this period shall begin after the consumer has received confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the trader.

In the event of non-payment by the consumer, the trader, subject to statutory limitations, has the right to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the trader within 7 days after the consumer has discovered the defects.

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

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader shall, at their option, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law shall apply to agreements between the trader and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.