General Terms and Conditions
General Terms and Conditions of Secret Dynamics, part of The Denim Family BV (Webshop)
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Obligations of the Consumer During the Cooling-Off Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated Costs
Article 9 - Obligations of the Entrepreneur in the Event of Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Performance and Additional Warranty
Article 13 - Delivery and Execution
Article 14 - Ongoing Transactions: Duration, Termination, and Renewal
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Supplementary Agreement: An agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.
- Cooling-Off Period: The period during which the consumer may exercise their right of withdrawal.
- Consumer: A natural person who does not act for purposes related to their trade, business, craft, or profession.
- Day: A calendar day.
- Digital Content: Data produced and supplied in digital form.
- Ongoing Agreement: An agreement aimed at the regular delivery of goods, services, and/or digital content over a specified period.
- Durable Medium: Any tool—including email—that allows the consumer or entrepreneur to store information directed personally to them in a way that enables future consultation or use for a period suited to the purpose of the information, and that allows unaltered reproduction of the stored information.
- Right of Withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period.
- Entrepreneur: The natural or legal person who offers products, (access to) digital content, and/or services remotely to consumers.
- Distance Contract: A contract concluded between the entrepreneur and the consumer as part of an organized system for the remote sale of products, digital content, and/or services, in which one or more means of distance communication are used exclusively or partly up to and including the conclusion of the contract.
- Model Withdrawal Form: The European model withdrawal form included in Annex I of these terms and conditions.
- Means of Distance Communication: A method that can be used to conclude a contract without the need for the consumer and entrepreneur to be present in the same physical space simultaneously.
Article 2 - Identity of the Entrepreneur
Secret Dynamics
The Denim Family BV
Langstraat 3-4, 5595 AA Leende
Phone number: +31 6 169 80 467 (Monday to Friday, 9:00 AM - 12:00 PM)
Email: alex@thedenimfamily.com
Chamber of Commerce (KvK) Number: 82508909
VAT Identification Number: NL862497838B01
Article 3 - Applicability
- These general terms and conditions apply to every offer made by 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 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 accessed and that they will be provided to the consumer free of charge upon request.
If the distance contract is concluded electronically, then, notwithstanding the previous clause and before the contract is finalized, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, the consumer will be informed, prior to concluding the contract, where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge, either electronically or by other means, upon request.
If, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs shall apply accordingly. In the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.
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 includes a complete and accurate description of the products, digital content, and/or services being offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these must be a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer includes sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer.
Article 5 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and meets the specified conditions, subject to the provisions of paragraph 4.
If the consumer accepts the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance electronically. As long as this confirmation has not been received, the consumer has the right to terminate the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe online environment. If the consumer has the option to pay electronically, the entrepreneur shall implement appropriate security measures.
Within legal boundaries, the entrepreneur may assess whether the consumer can meet their payment obligations, as well as any other factors relevant to responsibly entering into a distance contract. If, based on this assessment, the entrepreneur has valid reasons not to proceed with the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to its execution.
No later than at the time of delivery of the product, service, or digital content, the entrepreneur shall provide the consumer with the following information, either in writing or in a manner that allows it to be stored accessibly on a durable data carrier:
- The business address of the entrepreneur’s establishment where the consumer can submit complaints.
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded.
- Information about warranties and available after-sales services.
- The price of the product, service, or digital content, including all taxes; if applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract.
- The requirements for terminating the agreement if the contract has a duration of more than one year or is of indefinite duration.
- If the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provisions in the previous paragraph apply only to the first delivery.
Article 6 – Right of Withdrawal
The consumer may terminate a contract for the purchase of a product within a cooling-off period of at least 14 days without providing any reason. The entrepreneur may ask the consumer for the reason for withdrawal but may not require them to disclose it.
The cooling-off period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
- If the consumer has ordered multiple products in a single order: the day on which the consumer or their designated third party receives the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided they clearly inform the consumer of this before the ordering process.
- If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or the final part.
- For agreements involving regular delivery of products over a specific period: the day on which the consumer, or a designated third party, receives the first product.
Article 7 – Consumer’s Obligations During the Cooling-Off Period
During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine its nature, characteristics, and functionality. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a physical store.
The consumer is liable for any depreciation in the product’s value resulting from handling that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any depreciation in value if the entrepreneur has not provided all legally required information regarding the right of withdrawal before or at the time of concluding the agreement.
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period by means of the model withdrawal form or by any other unequivocal statement.
As soon as possible, but no later than 14 days after the day of the notification referred to in paragraph 1, the consumer must return the product or hand it over to the entrepreneur (or an authorized representative). This is not required if the entrepreneur has offered to collect the product themselves. The consumer meets the return deadline if they send back the product before the cooling-off period expires.
The consumer must return the product with all accessories supplied, in its original condition and packaging if reasonably possible, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer shall bear the direct costs of returning the product. If the entrepreneur has not informed the consumer that they must bear these costs, or if the entrepreneur indicates that they will cover the costs, the consumer is not required to pay for the return shipment.
If the consumer withdraws from the contract after explicitly requesting that the performance of a service—or a product not prefabricated and produced in a limited volume or quantity—commence during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to the part of the obligation that has already been fulfilled at the time of withdrawal, compared to the full performance of the contract.
The consumer shall not bear any costs for the performance of services that are not prefabricated and produced in a limited volume or quantity if:
- The entrepreneur has failed to provide the legally required information regarding the right of withdrawal, the cost reimbursement in case of withdrawal, or the model withdrawal form, or;
- The consumer did not explicitly request the commencement of the service during the cooling-off period.
The consumer shall not bear any costs for the full or partial delivery of digital content that is not supplied on a physical medium if:
- They did not explicitly consent to the commencement of the contract's performance before the end of the cooling-off period;
- They did not acknowledge that they would lose their right of withdrawal upon giving their consent; or
- The entrepreneur failed to confirm this declaration from the consumer.
If the consumer exercises their right of withdrawal, all supplementary agreements are automatically terminated by operation of law.
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
If the entrepreneur allows the consumer to submit a withdrawal notice electronically, they must promptly confirm receipt of this notice.
The entrepreneur shall refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and no later than 14 days after the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold the refund until they have received the product or until the consumer provides proof that they have returned it, whichever occurs first.
The entrepreneur shall use the same payment method for the refund as the consumer used, unless the consumer agrees to a different method. The refund shall be free of charge for the consumer.
If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs associated with the more expensive method.
Article 10 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if this has been clearly stated in the offer or at least before the agreement is concluded:
- Products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control, which may occur within the withdrawal period.
- Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to consumers who are personally present or have the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obligated to purchase the products, digital content, and/or services.
- Service contracts after full performance of the service, but only if:
- The service was started with the consumer’s explicit prior consent; and
- The consumer acknowledged that they would lose their right of withdrawal once the entrepreneur had fully performed the contract.
- Package travel as defined in Article 7:500 of the Dutch Civil Code and contracts for passenger transport.
- Service contracts for accommodation, if the contract specifies a particular date or period of performance and is not intended for residential purposes, goods transport, car rental services, or catering.
- Contracts related to leisure activities, if the contract specifies a particular date or period of performance.
- Products manufactured according to consumer specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or products that are clearly intended for a specific person.
- Products that deteriorate quickly or have a limited shelf life.
- Sealed products that are unsuitable for return for health protection or hygiene reasons and whose seal has been broken after delivery.
- Products that, by their nature, become inseparably mixed with other products after delivery.
- Alcoholic beverages whose price was agreed upon at the time of contract conclusion but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur's control.
- Sealed audio or video recordings and computer software whose seal has been broken after delivery.
- Newspapers, periodicals, or magazines, except for subscriptions to them.
- The supply of digital content not delivered on a tangible medium, but only if:
- The execution has started with the consumer’s explicit prior consent; and
- The consumer has acknowledged that they thereby lose their right of withdrawal.
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Article 11 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and beyond the entrepreneur's control. The dependency on fluctuations and the fact that any listed prices are indicative prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from statutory regulations or provisions.
Price increases occurring more than 3 months after the contract is concluded are only permitted if the entrepreneur has stipulated this and:
- They result from statutory regulations or provisions; or
- The consumer has the right to terminate the contract from the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 12 – Performance of the Contract and Additional Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date the contract was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur fails to fulfill their part of the contract.
An "additional warranty" refers to any commitment made by the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obligated to provide in the event of a failure to fulfill their part of the agreement.
Article 13 – Delivery and Performance
The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products and when evaluating requests for services.
The delivery address is the one the consumer has provided to the entrepreneur.
In accordance with what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly, but no later than within 30 days, unless another delivery period has been agreed upon. If there is a delay in delivery, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement without any costs and is entitled to possible compensation.
After cancellation according to the previous paragraph, the entrepreneur will promptly refund the amount the consumer has paid.
The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless otherwise explicitly agreed upon.
Article 14 – Ongoing Transactions: Duration, Termination, and Extension
Termination:
The consumer may terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed-upon termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, at any time before the end of the fixed term, subject to the agreed-upon termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- At any time and is not limited to termination at a specific time or within a specific period;
- At least terminate in the same way as the agreement was entered into by them;
- Always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Extension:
An agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed duration.Notwithstanding the previous paragraph, an agreement entered into for a fixed period, which involves the regular delivery of daily, weekly newspapers, and magazines, may be tacitly extended for a fixed period of up to three months, provided that the consumer can terminate this extended agreement before the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed term, which involves the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer is always allowed to terminate with a notice period of no more than one month. The notice period may be up to three months if the agreement involves the regular, but less than once per month, delivery of daily, weekly newspapers, and magazines.
An agreement of limited duration for the regular delivery of daily, weekly newspapers, and magazines for trial or introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically terminate at the end of 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 prevent termination before the agreed duration ends.
Article 15 - Payment Unless otherwise agreed in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. In the case of an agreement for the provision of a service, this period starts the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer may never be required to pay more than 50% in advance as part of the general terms and conditions. If advance payment is agreed, the consumer may not assert any rights regarding the performance of the relevant order or service(s) until the agreed advance payment has been made.
The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.
If the consumer fails to meet their payment obligations on time, they are, after being notified by the entrepreneur of the late payment and after being granted a period of 14 days to fulfill their payment obligations, liable for statutory interest on the outstanding amount if payment is not made within this 14-day period. Additionally, the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of:
- 15% on outstanding amounts up to €2,500;
- 10% on the next €2,500;
- 5% on the next €5,000, with a minimum of €40.
The entrepreneur may deviate from these amounts and percentages to the benefit of the consumer.
Article 16 - Complaints Procedure
The entrepreneur has a sufficiently well-known complaints procedure and will handle the complaint in accordance with this procedure.
Complaints regarding the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has detected the defects, and must be described fully and clearly.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably 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.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.Article 17 - Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.Article 18 - 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 the consumer can store them in an accessible manner on a durable data carrier.