General Terms and Conditions

GENERAL TERMS AND CONDITIONS of De Specialist

These general terms and conditions apply to all offers, orders and distance contracts concluded through the webshop. The terms contain specific provisions for both consumers and business customers (B2B).

Article 1 - Definitions

In these terms the following definitions apply:

  1. Entrepreneur: the natural person or legal entity offering clothing, accessories or other retail products at a distance through the webshop, namely: De Specialist, Keesomstraat 6C, 1821BS Alkmaar, Chamber of Commerce (KvK) number: 123456789, VAT identification number: 12345678998798, telephone: 0728804400, email: info@yuluma.com
  2. Customer: any natural person or legal entity who places an order through the webshop.
  3. Consumer: the Customer who is a natural person and is not acting in the course of a profession or business.
  4. Business Customer (B2B): the Customer who acts in the course of a profession or business, or who provides a company name or VAT number when placing the order.
  5. Agreement: the sales agreement concluded at a distance through the webshop between the Entrepreneur and the Customer.
  6. Right of Withdrawal: the statutory possibility, available to Consumers only, to withdraw from the distance Agreement within the cooling-off period.

Article 2 - Applicability

  1. These general terms and conditions apply to every offer of the Entrepreneur and to every Agreement concluded.
  2. Before the Agreement is concluded, the text of these terms will be made available to the Customer electronically in a way that allows it to be easily stored.
  3. Deviations from these terms are only valid if they have been expressly agreed between the parties in writing.
  4. If one or more provisions turn out to be void or voidable, the remaining provisions of these terms will remain fully in force.

Article 3 - The Offer and Prices

  1. The offer contains an accurate description of the products offered (such as sizes, colours and materials). Obvious mistakes, printing errors or clerical errors do not bind the Entrepreneur.
  2. All prices stated are in euros and include VAT. Any shipping costs or additional costs are clearly displayed before the order is finally placed.
  3. The Entrepreneur is entitled to change prices in the meantime. Price changes do not affect orders that have already been confirmed, except in the case of obvious errors.

Article 4 - Conclusion of the Agreement

  1. The Agreement is concluded at the moment the Customer completes the ordering process, accepts these general terms and conditions and finally confirms the order.
  2. The Entrepreneur confirms receipt of the order without delay by email.
  3. The Entrepreneur reserves the right to refuse an order or to impose additional conditions if there are valid grounds to do so.

Article 5 - Business Orders (B2B)

  1. If, when ordering, the Customer enters a company name, includes a VAT number, or otherwise acts on behalf of a company or profession, the Customer is regarded as a Business Customer.
  2. Exclusion of B2B right of withdrawal: the statutory Right of Withdrawal and the 14-day cooling-off period as described in Article 6 apply exclusively to Consumers. Orders placed by Business Customers cannot be returned or cancelled, unless the Entrepreneur has expressly agreed to this in advance and in writing.
  3. B2B liability: the liability of the Entrepreneur towards Business Customers is at all times limited to a maximum of the net invoice amount of the order concerned. Liability for indirect damage, consequential damage, lost profit or business interruption is expressly excluded.

Article 6 - Right of Withdrawal (Consumers Only)

  1. A Consumer has the right to dissolve the Agreement without giving reasons during a cooling-off period of 14 days.
  2. The cooling-off period starts on the day after the product has been received by or on behalf of the Consumer.
  3. During the cooling-off period the Consumer will handle the product and its packaging with care. The product may only be tried on and inspected as is customary in a physical shop. Wearing, washing or intensively using items is not permitted.
  4. To make use of the Right of Withdrawal, the Consumer notifies this within the cooling-off period through the stated returns procedure or by email.
  5. The Consumer sends the product back as soon as possible, but no later than 14 days after the return notification, in its original condition, undamaged and with the original labels and packaging.

Article 7 - Costs and Handling of Withdrawal

  1. The direct costs of returning the products are borne by the Consumer, unless stated otherwise.
  2. If the Consumer withdraws from the entire order, the Entrepreneur will refund all payments received (including any standard shipping costs of the outbound delivery) within 14 days after receipt of the return notification.
  3. The Entrepreneur may wait with the refund until the products have been received or until the Consumer has shown that the products have been sent back.
  4. If the value of the product has been reduced because the Consumer handled the product carelessly or excessively, the Consumer is liable for this loss in value.

Article 8 - Exceptions to the Right of Withdrawal

The Right of Withdrawal is excluded for:

  1. Products that, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery (such as underwear, swimwear or cosmetics).
  2. Products that have been made to the Customer's specifications (custom-made or personalised items).

Article 9 - Delivery and Performance

  1. The place of delivery is the address that the Customer provided with the order.
  2. The Entrepreneur will carry out accepted orders with due speed, but at the latest within 30 days, unless a longer delivery period has been agreed.
  3. The risk of damage to or loss of products rests with the Entrepreneur until the moment of delivery to the Customer or a representative designated in advance.

Article 10 - Warranty and Conformity

  1. The Entrepreneur guarantees that the products comply with the Agreement, the stated specifications and the reasonable requirements of soundness.
  2. The statutory warranty applies to all products delivered to Consumers.
  3. Defects or damage must be reported to the Entrepreneur in writing or by email as soon as possible after they are discovered.

Article 11 - Payment

  1. The amounts owed by the Customer must be paid immediately when placing the order, using the payment methods offered on the webshop.
  2. The Customer is obliged to report any inaccuracies in the payment details provided or stated to the Entrepreneur without delay.

Article 12 - Complaints and Disputes

  1. Complaints about the performance of the Agreement must be submitted to the Entrepreneur within a reasonable time, fully and clearly described.
  2. Complaints submitted will be answered on their merits within 14 days after receipt.
  3. Only Dutch law applies to all agreements between the Entrepreneur and the Customer.
  4. Disputes will be submitted to the competent Dutch court in the district where the Entrepreneur is established, unless mandatory law prescribes otherwise.