TERMS AND CONDITIONS
Contents
Article 1 – Definitions
Article 2 – Trader's identity
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Consumer obligations during the withdrawal period
Article 8 – Exercising the right of withdrawal and associated costs
Article 9 – EST'SEVEN's obligations following withdrawal
Article 10 – Exclusions from the right of withdrawal
Article 11 – Prices and payments
Article 12 – Delivery and performance
Article 13 – Statutory guarantee and conformity
Article 14 – Complaints procedure
Article 15 – Intellectual property
Article 16 – Reviews, photographs and user content
Article 17 – Force majeure
Article 18 – Liability
Article 19 – Retention of title
Article 20 – Privacy and personal data
Article 21 – Disputes and applicable law
Article 22 – Changes to the terms and conditions
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions apply:
1.1 Ancillary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract.
1.2 Withdrawal period: the period during which the consumer may exercise their right of withdrawal.
1.3 Consumer: a natural person acting for purposes outside their trade, business, craft or profession.
1.4 Day: calendar day.
1.5 Durable medium: any means that enables the consumer or trader to store information in a way that allows future reference.
1.6 Right of withdrawal: the consumer's right to withdraw from the distance contract within the statutory withdrawal period.
1.7 Trader: Shop'Est Seven B.V.
1.8 Distance contract: a contract concluded between the trader and consumer through an organised distance sales system.
1.9 Means of distance communication: a means that can be used to conclude a contract without the simultaneous physical presence of the consumer and trader.
ARTICLE 2 – TRADER'S IDENTITY
Shop'Est Seven B.V.
Raasdorperweg 185N
1175 KV Lijnden
The Netherlands
Email:
info@estseven.com
Chamber of Commerce number:
83254595
VAT number:
NL862795084B01
ARTICLE 3 – APPLICABILITY
3.1 These terms and conditions apply to every offer made by EST'SEVEN and every contract concluded between EST'SEVEN and a consumer.
3.2 The text of these terms and conditions will be made available to the consumer before the contract is concluded.
3.3 If one or more provisions of these terms and conditions are wholly or partly void or annulled, the remaining provisions will remain in full force.
3.4 Deviations from these terms and conditions are valid only if expressly agreed in writing.
ARTICLE 4 – THE OFFER
4.1 If an offer is valid for a limited period or subject to conditions, this will be expressly stated.
4.2 The offer includes a full and accurate description of the products offered.
4.3 Obvious errors, mistakes, typographical errors, pricing errors or programming errors are not binding on EST'SEVEN.
4.4 Images and product photographs represent the products offered as accurately as possible. Minor colour differences may occur due to screen settings.
ARTICLE 5 – THE CONTRACT
5.1 The contract is concluded when the consumer accepts the offer and meets the stated conditions.
5.2 After receiving the order, EST'SEVEN will send an electronic order confirmation.
5.3 EST'SEVEN reserves the right to refuse orders where there is a valid reason to do so.
5.4 EST'SEVEN takes appropriate technical and organisational measures to secure electronic data.
ARTICLE 6 – RIGHT OF WITHDRAWAL
6.1 The consumer has the right to withdraw from the contract within a withdrawal period of 14 days without giving a reason.
6.2 The withdrawal period begins on the day after the consumer, or a third party designated by them, receives the product.
6.3 To exercise the right of withdrawal, the consumer must inform EST'SEVEN unambiguously within the statutory period.
6.4 The right of withdrawal applies exclusively to consumers.
ARTICLE 7 – CONSUMER OBLIGATIONS DURING THE WITHDRAWAL PERIOD
7.1 During the withdrawal period, the consumer must handle the product and packaging with care.
7.2 The product may be used only to the extent necessary to establish its nature, characteristics and functioning, as would be possible in a physical shop.
7.3 The consumer is liable for any reduction in value resulting from use beyond what is necessary to assess the product.
7.4 Items must be returned unworn, unwashed, undamaged and with their original labels, insofar as reasonably possible.
ARTICLE 8 – EXERCISING THE RIGHT OF WITHDRAWAL AND ASSOCIATED COSTS
8.1 The consumer must notify EST'SEVEN of their withdrawal within 14 days.
8.2 The product must then be returned no later than 14 days after this notification.
8.3 The consumer bears the direct cost of returning the product.
8.4 The consumer is free to choose a carrier for the return shipment.
8.5 The consumer bears the risk of the return shipment until EST'SEVEN receives the product.
8.6 The consumer must retain sufficient proof of dispatch.
ARTICLE 9 – EST'SEVEN'S OBLIGATIONS FOLLOWING WITHDRAWAL
9.1 On receiving an electronic withdrawal notification, EST'SEVEN will acknowledge it without delay.
9.2 EST'SEVEN will reimburse all payments received from the consumer, including any standard delivery costs, no later than 14 days after the consumer has notified EST'SEVEN of their withdrawal.
9.3 EST'SEVEN may withhold reimbursement until it has received the product or the consumer has provided proof of return, whichever occurs first.
9.4 Reimbursement will be made using the same payment method used by the consumer, unless otherwise agreed.
9.5 If the consumer chose a delivery method more expensive than standard delivery, EST'SEVEN is not required to reimburse the additional cost.
ARTICLE 10 – EXCLUSIONS FROM THE RIGHT OF WITHDRAWAL
10.1 The right of withdrawal may be excluded for products made to the consumer's specifications or clearly intended for a specific person.
10.2 The right of withdrawal may be excluded for sealed products that are unsuitable for return for health protection or hygiene reasons and have been unsealed after delivery.
10.3 EST'SEVEN will clearly state any exclusion from the right of withdrawal before the contract is concluded.
ARTICLE 11 – PRICES AND PAYMENTS
11.1 All prices stated on the website include VAT, unless otherwise indicated.
11.2 Current shipping costs and any conditions for free shipping are stated on the website.
11.3 Obvious errors or mistakes in prices, offers or product information are not binding on EST'SEVEN.
11.4 EST'SEVEN offers only the payment methods stated on the website.
11.5 The consumer must notify EST'SEVEN immediately of any errors in payment details.
11.6 If a consumer fails to meet their payment obligations on time, EST'SEVEN is entitled to charge statutory interest and collection costs in accordance with applicable law.
ARTICLE 12 – DELIVERY AND PERFORMANCE
12.1 EST'SEVEN will process orders with the utmost care.
12.2 The delivery address is the address provided by the consumer.
12.3 Orders placed on working days before 15:00 are normally processed for delivery within 1 to 2 working days. This period is indicative and is not a binding deadline.
12.4 If delivery is delayed, the consumer will be informed as soon as possible.
12.5 If an order cannot be fulfilled, or can only be fulfilled in part, the consumer is entitled to a refund for the unavailable portion.
12.6 EST'SEVEN bears the risk of damage to or loss of products until delivery to the consumer or a third party designated in advance.
ARTICLE 13 – STATUTORY GUARANTEE AND CONFORMITY
13.1 All products are covered by the statutory guarantee.
13.2 This means that a product must meet the consumer's reasonable expectations.
13.3 If a product does not conform to the contract, the consumer must notify EST'SEVEN within a reasonable period.
13.4 Normal wear and tear, damage caused by misuse, improper care, accidents, negligence or alterations to the product are not covered by the guarantee.
13.5 Any additional guarantee from a manufacturer or supplier does not affect the consumer's statutory rights.
ARTICLE 14 – COMPLAINTS PROCEDURE
14.1 Complaints about the performance of the contract must be submitted with a full and clear description within a reasonable period after discovering the defect, via info@estseven.com.
14.2 EST'SEVEN will respond to complaints within 14 days of receipt.
14.3 If a complaint requires more time, the consumer will receive a message within this period indicating the expected time for resolution.
14.4 The consumer must allow EST'SEVEN a reasonable period to resolve a complaint.
ARTICLE 15 – INTELLECTUAL PROPERTY
15.1 All intellectual property rights relating to the website, products, photographs, designs, images, texts, logos, trade names and other content belong to EST'SEVEN or its licensors.
15.2 It is prohibited to copy, distribute, publish or commercially use all or part of the website's content without EST'SEVEN's prior written permission.
15.3 Unauthorised use of intellectual property rights may result in legal action.
ARTICLE 16 – REVIEWS, PHOTOGRAPHS AND USER CONTENT
16.1 By posting a review, the consumer grants EST'SEVEN a non-exclusive right to use that review for commercial and promotional purposes.
16.2 If a consumer submits photographs, videos or other content to EST'SEVEN, or makes it available through social media with permission for use, the consumer grants EST'SEVEN the right to use that content for marketing, promotional and commercial purposes.
16.3 EST'SEVEN reserves the right to refuse or remove reviews or user content that is unlawful, offensive or misleading.
ARTICLE 17 – FORCE MAJEURE
17.1 EST'SEVEN is not required to fulfil its obligations if prevented from doing so by force majeure.
17.2 Force majeure includes carrier disruptions, strikes, war, government measures, pandemics, natural disasters, internet disruptions, power failures and other circumstances beyond EST'SEVEN's reasonable control.
17.3 EST'SEVEN's obligations are suspended during a situation of force majeure.
17.4 If the force majeure situation continues for more than 30 days, either party has the right to terminate the contract.
ARTICLE 18 – LIABILITY
18.1 EST'SEVEN is liable only for direct damage resulting from intent or deliberate recklessness on the part of EST'SEVEN.
18.2 To the extent permitted by law, all liability for indirect damage is excluded.
18.3 Indirect damage includes consequential loss, loss of profit, lost savings and loss of data.
18.4 Nothing in these terms and conditions limits liability where its exclusion is prohibited by law.
ARTICLE 19 – RETENTION OF TITLE
19.1 All products supplied remain the property of EST'SEVEN until the consumer has fully met all payment obligations.
19.2 The risk associated with the products passes to the consumer upon delivery.
ARTICLE 20 – PRIVACY AND PERSONAL DATA
20.1 EST'SEVEN processes personal data in accordance with applicable privacy law, including the General Data Protection Regulation (GDPR).
20.2 EST'SEVEN's privacy policy applies to the processing of personal data.
20.3 The privacy policy is available on the EST'SEVEN website.
ARTICLE 21 – DISPUTES AND APPLICABLE LAW
21.1 All contracts between EST'SEVEN and the consumer are governed exclusively by Dutch law.
21.2 Disputes will be submitted to the competent court in the Netherlands, unless mandatory legal provisions dictate otherwise.
21.3 The United Nations Convention on Contracts for the International Sale of Goods is excluded.
ARTICLE 22 – CHANGES TO THE TERMS AND CONDITIONS
22.1 EST'SEVEN reserves the right to amend these terms and conditions.
22.2 Changes take effect upon publication on the website, unless otherwise indicated.
22.3 Contracts already concluded remain subject to the version in force when the contract was concluded, unless the law provides otherwise.