Terms of service

Last updated: April 4, 2025

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 – Costs in Case of Withdrawal
Article 8 – Exclusion of Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Guarantee
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination, and Extension
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Different Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can make use of their right of withdrawal;
Consumer: the natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being together in the same space at the same time.

Article 2 – Identity of the Entrepreneur

Entrepreneur name: Demi-Doux Business address: Everocken 2A, 3271 AE Mijnsheerenland, The Netherlands Email address: shop@demi-doux.com Website: www.demi-doux.com Chamber of Commerce number: NL42 ABNA 0137 0758 39 VAT number: 154257527B04

If the entrepreneur's activity is subject to a relevant licensing regime: the information about the supervising authority applies. If the entrepreneur practices a regulated profession:

the professional association or organization to which they are affiliated;
the professional title, the place in the EU or EEA where it has been granted;
a reference to the professional rules that apply in the Netherlands and how and where these professional rules are accessible.

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement 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, it will be indicated 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 to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. 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 free of charge electronically or otherwise at the consumer’s request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made under certain conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.
This concerns in particular:

the price including taxes;
any delivery costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the used communication means;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the manner in which the consumer can check and, if desired, correct the information provided by them under the agreement before the agreement is concluded;
any other languages in which the agreement can be concluded besides Dutch;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a duration transaction.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, inform themselves as to whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the implementation.
With the product or service, the entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: a. the address of the entrepreneur’s business location where the consumer can lodge complaints; b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing after-sales service; d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without stating reasons for a period of 14 days. (During sale periods this period is 8 days). This cooling-off period starts on the day after the product is received by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. The product will only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product...

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the product will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal notification. This is subject to the condition that the product has been received back by the entrepreneur or conclusive proof of complete return has been provided. Refunds will be made using the same payment method the consumer used, unless the consumer agrees to another method. There will be no additional costs for the refund.
If the consumer has chosen a more expensive method of delivery than the standard delivery offered by the entrepreneur, the entrepreneur is not obliged to refund the additional costs for the more expensive method.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer, or at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products: a. that have been created by the entrepreneur in accordance with the consumer’s specifications; b. that are clearly of a personal nature; c. that cannot be returned due to their nature; d. that spoil or age quickly; e. whose price is subject to fluctuations in the financial market that are beyond the entrepreneur’s control; f. for single newspapers or magazines; g. for audio or video recordings and computer software of which the consumer has broken the seal; h. for hygienic products of which the seal has been broken after delivery.

Article 9 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered will 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 if these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. they result from statutory regulations or provisions; or b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with reasonable requirements of soundness and/or usability, and with the existing legal provisions and/or government regulations on the date the agreement was concluded.
An arrangement offered as a guarantee by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur under the law and/or the distance contract in respect of a shortcoming in the entrepreneur's obligations.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with reasonable requirements of soundness and/or usability, and with the existing legal provisions and/or government regulations on the date the agreement was concluded.
An arrangement offered as a guarantee by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur under the law and/or the distance contract in respect of a shortcoming in the entrepreneur's obligations.

Article 11 – Delivery and Execution

The entrepreneur will execute accepted orders with due speed, but at the latest within 30 days, unless a longer delivery period has been agreed.
If the delivery of a product or service is delayed or if an order cannot or can only partially be executed, the consumer will be informed about this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without penalty and will be entitled to a refund of any paid amount.
The risk of damage to or loss of products is borne by the entrepreneur until the moment of delivery to the consumer, unless otherwise agreed.
If the consumer has selected a specific method of delivery that is more expensive than the standard method offered by the entrepreneur, the additional cost will be borne by the consumer.

Article 12 – Duration and Termination

The consumer can terminate a distance contract that is for an indefinite period at any time, with due observance of the agreed termination conditions and a notice period of at least one month, unless otherwise agreed.
A contract that is for a definite period can be terminated by the consumer only at the end of the agreed term, unless otherwise agreed. In the event of early termination by the consumer, the consumer may be required to pay compensation, provided this has been agreed in the contract.
The entrepreneur has the right to terminate the agreement with immediate effect in the following cases: a. if the consumer fails to fulfill their obligations under the agreement or does so inadequately; b. in the event of bankruptcy, suspension of payments, or liquidation of the consumer's business; c. if the consumer fails to make timely payments.
In the event of termination, the consumer must return the products to the entrepreneur at the consumer's own expense, unless otherwise agreed.

Article 13 – Duration and Termination

The agreement has a fixed term if this is stated in the offer or agreed upon by the parties. If the agreement is for a fixed term, it will end automatically when the term expires, unless the consumer or entrepreneur has expressed the wish to renew or extend it.
The consumer can terminate the agreement at any time before the expiration of the fixed term, unless a fixed term is part of the offer and termination is prohibited by law or contract.
If the agreement is for an indefinite term, the consumer can terminate it at any time with due regard for a reasonable notice period.

Article 14 – Payment

The consumer is obligated to pay the agreed amount within the specified period in the offer, unless otherwise agreed upon in writing.
If the consumer does not pay within the set period, they will be in default by operation of law. The entrepreneur is then entitled to charge interest on the outstanding amount, in addition to any collection costs, in accordance with the applicable laws.
Payment must be made in the manner specified in the offer. If no payment method is specified, payment can be made via bank transfer or another method deemed appropriate by the entrepreneur.
In the case of non-payment or late payment by the consumer, the entrepreneur has the right to suspend the delivery of products or services until payment is received in full.

Article 15 – Retention of Title

The entrepreneur retains ownership of the delivered products until the consumer has paid the full purchase price, including any interest and costs, for those products.
As long as the ownership of the products has not yet passed to the consumer, the consumer may not sell, pledge, or otherwise dispose of the products in any way that would affect the entrepreneur's ownership rights.
If the consumer does not pay on time, the entrepreneur has the right to demand the return of the products at the consumer's expense, without any further notice of default being required.

Article 16 – Complaints Procedure

The entrepreneur has a well-publicized complaints procedure and will handle complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable period of time after the consumer has discovered the defects.
Complaints can be submitted via email or in writing. The entrepreneur will respond to the complaint within 14 days of receiving it. If a complaint requires 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.

09-04-2025