Terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Long-term transaction: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
- Durable data carrier: any means – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
- Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of a system for selling products and/or services remotely, in which one or more techniques for distance communication are used up to and including the moment the contract is concluded;
- Technique for distance communication: means that can be used for concluding an agreement without the consumer and the entrepreneur being in the same room simultaneously;
- General Terms and Conditions: the present general terms and conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
- Company Name: Elegant Edge
- Address: Lirestraat 18, 1060 SL, Amsterdam
- Email: Contact@piladora.com
- Chamber of Commerce Number: 90237250
- VAT Number: NL004448944B13
Article 3 – Applicability
- These general terms and conditions apply to every offer of the entrepreneur and every concluded distance contract and order 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 reasonably possible, the entrepreneur will indicate, before the contract is concluded, how the general terms and conditions can be reviewed at the entrepreneur’s premises and that they will be sent free of charge upon request.
- If the distance contract is concluded electronically, the text of these general terms and conditions can be made available electronically before the contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms can be electronically reviewed and that they will be sent electronically or in another way free of charge upon request.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly. If conflicting terms exist, the consumer may always rely on the most favorable provision.
- If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in force otherwise, and the relevant provision will be replaced by mutual agreement with a provision that approximates the original intent as much as possible.
- Situations not covered by 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 these general terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The Offer
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough for the consumer to properly assess the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or contract termination.
- Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer, including:
- The price including taxes;
- Any shipping costs;
- The way the agreement will be concluded and what actions are required;
- 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 period within which the entrepreneur guarantees the price;
- The amount of the tariff for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate;
- Whether the contract will be archived after its conclusion and how the consumer can access it;
- The way the consumer can check and, if necessary, correct the information provided in the contract before its conclusion;
- The available languages in which the contract can be concluded, in addition to Dutch;
- The codes of conduct to which the entrepreneur has submitted and how the consumer can consult them electronically;
- The minimum duration of the distance contract in case of a long-term transaction;
- Optionally: available sizes, colors, material types.
Article 5 – The Contract
- The contract is concluded at the moment of the consumer’s acceptance of the offer and compliance with the stated conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of acceptance electronically. Until this acceptance has been confirmed, the consumer may dissolve the contract.
- If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.
- The entrepreneur may, within legal frameworks, investigate whether the consumer can fulfill their payment obligations, as well as all relevant facts and factors necessary for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the contract, they are entitled to refuse an order or attach special conditions to the execution.
- The entrepreneur will include the following information with the product or service, either in writing or in a way that allows the consumer to store it on a durable data carrier:
- The physical address where the consumer can submit complaints;
- The conditions under which and how the consumer can exercise their right of withdrawal, or a clear statement if withdrawal is excluded;
- Information on guarantees and existing after-sales services;
- The data included in Article 4, paragraph 3, unless already provided before contract conclusion;
- The conditions for terminating the contract if it lasts more than one year or is indefinite.
- For long-term transactions, the previous paragraph applies only to the first delivery.
- Each agreement is entered into under the suspensive condition of sufficient availability of the respective products.
Article 6 – Right of Withdrawal
- When purchasing products, the consumer has the option to terminate the contract without providing any reason within 14 days. This cooling-off period starts the day after the consumer or a designated third party (not the carrier) receives the product.
- During the cooling-off period, the consumer shall handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If the consumer exercises the right of withdrawal, they must return the product with all supplied accessories, in its original condition and packaging, following the entrepreneur’s reasonable and clear instructions.
- If the consumer wants to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product via a written statement or email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof of timely shipment, for example, with a shipping receipt.
- If the consumer does not notify the entrepreneur within the periods mentioned in paragraphs 2 and 3, or does not return the product, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
- If the consumer exercises the right of withdrawal, they are responsible for the return shipping costs.
- If the consumer has already made a payment, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after the withdrawal notice, provided that the returned product has been received or proof of return has been supplied.
Article 8 – Exclusion of the Right of Withdrawal
- The entrepreneur may exclude the right of withdrawal for the products and services listed in paragraphs 2 and 3, only if this was clearly stated before the contract was concluded.
- The right of withdrawal may be excluded for:
a. Products made to the consumer's specifications;
b. Products that are clearly personal in nature;
c. Products that cannot be returned due to their nature;
d. Products that can spoil or age quickly;
e. Products subject to price fluctuations in the financial market that are beyond the entrepreneur’s control;
f. Newspapers and magazines sold individually;
g. Audio/video recordings and computer software where the consumer has broken the seal;
h. Hygiene products if the seal has been broken. - The right of withdrawal may be excluded for services that:
a. Involve accommodation, transport, restaurant services, or leisure activities for a specific date or period;
b. Have already started with the consumer’s consent before the cooling-off period ended;
c. Involve gambling or lotteries.
Article 9 – Pricing
- During the validity period of the offer, prices for the offered products/services will not increase, except for VAT rate changes or other legal regulations.
- The entrepreneur may offer variable prices for products/services subject to financial market fluctuations beyond their control. This will be clearly stated in the offer.
- Price increases within 3 months after the contract was concluded are only allowed due to legal regulations or provisions.
- Price increases after 3 months of contract conclusion are only allowed if:
a. They result from legal regulations or provisions; or
b. The consumer has the right to cancel the contract on the date the price increase takes effect. - The prices listed in the offer include VAT.
- Typing and printing errors in prices do not bind the entrepreneur. If an incorrect price is published, the entrepreneur is not obligated to supply the product at that price.
Article 10 – Compliance and Warranty
- The entrepreneur guarantees that the products/services comply with the contract, the specifications in the offer, and legal requirements at the time of contract conclusion.
- Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights.
- The consumer must report defects or incorrect deliveries to the entrepreneur within 14 days of delivery. The product must be returned in its original packaging and condition.
- The entrepreneur’s warranty period matches the manufacturer’s warranty period. However, the entrepreneur is not responsible for the suitability of the product for individual use, nor for any recommendations regarding its use.
- The warranty does not apply if:
a. The consumer repairs or modifies the product themselves;
b. The product is subjected to abnormal conditions or mishandled;
c. The defect is caused by government regulations regarding product materials or quality.
Article 11 – Delivery and Execution
- The entrepreneur will handle orders with great care.
- The delivery address is the address provided by the consumer.
- Orders will be delivered within 30 days, unless the consumer agrees to a longer delivery time. If delivery is delayed, or if an order cannot be fulfilled, the consumer will be notified within 30 days. They can then cancel the contract and receive a full refund within 14 days.
- If a replacement product is offered, the consumer will be informed before delivery. If they return the replacement product, the entrepreneur will bear the return costs.
- The entrepreneur is responsible for damage or loss of products until delivery to the consumer.
Article 12 – Long-Term Transactions: Duration, Termination, and Renewal
Termination
- A contract of indefinite duration can be terminated at any time with a maximum notice period of one month.
- A contract of fixed duration can be terminated at the end of the term with a maximum notice period of one month.
- The consumer can terminate agreements:
a. At any time, not limited to specific periods;
b. In the same way they were concluded;
c. With the same notice period the entrepreneur uses for termination.
Renewal
- A fixed-term contract for regular product/service delivery cannot be automatically renewed.
- A fixed-term contract for newspapers/magazines may be renewed for up to 3 months, with a one-month cancellation period.
- An indefinite renewal is allowed if the consumer can cancel at any time with a one-month notice (or three months for less frequent deliveries).
- Trial or introductory subscriptions are not automatically renewed.
Duration
- If a contract lasts more than one year, the consumer may cancel it after one year with a one-month notice period, unless fairness dictates otherwise.
Article 13 – Payment
- Unless otherwise agreed, the consumer must pay within 7 days of the cooling-off period (for products) or contract confirmation (for services).
- The consumer must report errors in payment details immediately.
- If the consumer fails to pay, the entrepreneur may charge reasonable collection costs.
Article 14 – Complaints Procedure
- Complaints must be reported within 7 days after discovery and described clearly.
- The entrepreneur will respond within 14 days. If more time is needed, the consumer will receive an acknowledgment and timeframe.
- If the complaint is not resolved, it becomes a dispute subject to legal procedures.
- A complaint does not suspend obligations unless agreed upon.
- If a complaint is valid, the entrepreneur may replace or repair the product free of charge.
Article 15 – Disputes
- Dutch law applies to all contracts, even if the consumer resides abroad.