Service Policy

Service Policy
General Terms and Conditions
  • Article 1 - Definitions
  • Article 2 - Identity of the Trader
  • Article 3 - Scope of Application
  • Article 4 - The Offer
  • Article 5 - The Agreement
  • Article 6 - Right of Withdrawal
  • Article 7 - Obligations of the Consumer During the Reflection Period
  • Article 8 - Exceptions to the Right of Withdrawal
  • Article 9 - Prices
  • Article 10 - Compliance of the Agreement and Additional Warranty
  • Article 11 - Delivery and Execution
  • Article 12 - Continuing Performance Contracts: Duration, Termination, and Renewal
  • Article 13 - Payment
  • Article 14 - Complaints Procedure
  • Article 15 - Disputes
  • Article 16 - Amendment of the General Terms and Conditions
Article 1 - Definitions

In these terms and conditions, the following terms shall have the meanings ascribed below:

  1. Supplementary Agreement: An agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these products, digital content, and/or services are delivered by the trader or by a third party based on an arrangement between that third party and the trader.
  2. Reflection Period: The period within which the consumer can exercise their right of withdrawal.
  3. Consumer: The natural person who is not acting for purposes related to their trade, business, craft, or profession.
  4. Day: Calendar day.
  5. Digital Content: Data produced and delivered in digital form.
  6. Continuing Performance Contract: A contract aimed at the regular delivery of products, services, and/or digital content during a specified period.
  7. Durable Medium: Any instrument, including email, which enables the consumer or trader to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the stored information.
  8. Right of Withdrawal: The possibility for the consumer to waive the distance contract within the reflection period.
  9. Trader: The natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance.
  10. Distance Contract: A contract concluded between the trader and the consumer within the framework of an organized system for distance sale of products, digital content, and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.
  11. Model Withdrawal Form: The European model withdrawal form included in Annex I of these terms.
  12. Technique for Distance Communication: Any means which, without the simultaneous physical presence of the trader and the consumer, may be used for the conclusion of a contract between those parties.
Article 2 - Identity of the Trader

PerfumeBYCHA
Chamber of Commerce Number (KvK): 84021373
VAT Identification Number: NL003901685B72

If the activity of the trader is subject to a relevant licensing scheme, the information about the supervisory authority will be provided. If the trader exercises a regulated profession, the following will be stated:

  • The professional association or organization with which they are registered.
  • The professional title and the place where it was granted within the EU or EEA.
  • A reference to the professional rules applicable in the Netherlands and instructions on how and where to access them.
Article 3 - Scope of Application
  1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer free of charge and as soon as possible.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions can be made available electronically in such a way that it can be easily stored by the consumer.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, those specific conditions shall also apply, and the consumer may always rely on the applicable provision that is most favorable to them in case of conflicting conditions.
Article 4 - The Offer
  1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content, and/or services offered.
  3. The images used must be a true representation of the products and services offered. Obvious slips or errors in the offer do not bind the trader.
Article 5 - The Agreement
  1. The agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set therein.
  2. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically.
  3. The trader shall take appropriate technical and organizational measures to secure the electronic transfer of data.
  4. The trader may investigate whether the consumer can meet their payment obligations before accepting the order.
  5. At the latest upon delivery of the product or service, the trader shall send the following information to the consumer:
  • The visiting address of the trader's business where the consumer can lodge complaints.
  • The conditions under which and the manner in which the right of withdrawal can be exercised.
  • Information on warranties and existing after-sales service.
  • The price including all taxes and delivery costs.
  • The requirements for terminating the contract, if applicable.
  • The model withdrawal form if the consumer has a right of withdrawal.
  1. In the case of a continuing performance contract, the information mentioned in the previous paragraph applies only to the first delivery.
Article 6 - Right of Withdrawal
  1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 7 days without giving reasons.
  2. The reflection period starts on the day after the consumer, or a third party designated by the consumer, receives the product.

During this period:

  • The consumer shall handle the product and the packaging with care.
  • They shall only unpack the product to the extent necessary to establish its nature and characteristics.
Article 7 - Obligations of the Consumer During the Reflection Period
  1. The consumer shall only handle and inspect the product in the same manner as they would be allowed to do in a shop.
  2. The consumer is liable for any reduction in the value of the product resulting from handling that goes beyond what is permitted in the paragraph above.
  3. The consumer is not liable for any reduction in value if the trader has not provided all legally required information about the right of withdrawal.
Article 8 - Exceptions to the Right of Withdrawal

The trader can exclude certain products and services from the right of withdrawal, provided this is clearly stated in the offer, including:

  • Products whose price is dependent on fluctuations in the financial market.
  • Agreements concluded during a public auction.
  • Services fully performed with the consumer's prior explicit consent.
  • Service contracts for accommodation, transport, car rental, or catering.
  • Leisure activities to be provided on a specific date or period.
  • Products manufactured according to the consumer's specifications.
  • Products that spoil quickly or have a limited shelf life.
  • Sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • Products which are, after delivery, inseparably mixed with other items.
  • Alcoholic beverages whose price fluctuates.
  • Sealed audio, video recordings, or computer software unsealed after delivery.
  • Newspapers, periodicals, or magazines, with the exception of subscription contracts.
  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior explicit consent.
Article 9 - Prices
  1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
  2. Products or services whose prices are subject to fluctuations in the financial market may be offered with variable prices.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  4. The prices stated in the offer of products or services include VAT.
Article 10 - Compliance of the Agreement and Additional Warranty
  1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and legal requirements.
  2. An additional warranty provided by the trader shall never limit the legal rights and claims that the consumer can assert against the trader under the agreement.
  3. An additional warranty means any obligation of the trader in which they grant the consumer rights or claims that go beyond what is legally required.
Article 11 - Delivery and Execution
  1. The trader shall take the greatest possible care when receiving and executing orders for products.
  2. The place of delivery is the address that the consumer has made known to the trader.
  3. The trader shall execute accepted orders expeditiously, but at the latest within 30 days, unless a different delivery period has been agreed.
  4. If delivery is delayed or cannot be executed, the consumer has the right to dissolve the contract without costs and is entitled to a full refund.
  5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer.
Article 12 - Continuing Performance Contracts: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period at any time, subject to an agreed notice period of no more than one month.

Renewal

A contract concluded for a definite period may not be automatically extended or renewed for a fixed duration, except for certain newspaper or magazine subscriptions under specific conditions.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month.

Article 13 - Payment
  1. Unless otherwise stipulated in the agreement, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period or after the conclusion of the contract.
  2. The consumer may never be obliged to pay more than 50% in advance in general terms and conditions for the sale of products.
  3. The consumer has the duty to inform the trader immediately of inaccuracies in payment details provided or stated.
  4. If the consumer fails to meet their payment obligations on time, the trader is authorized to charge legal interest and collecting costs within statutory limits.
Article 14 - Complaints Procedure and Disputes

Contracts between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 - Amendment of the General Terms and Conditions
  1. Amendments to these terms and conditions shall only become effective after consultation with the Consumers' Association.
  2. Amendments to these terms and conditions shall only enter into force after they have been published in an appropriate manner, on the understanding that in the event of amendments during the term of an offer, the provision most favorable to the consumer shall prevail.