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In these terms and conditions, the following terms, whether used in the singular or plural, have the following meanings, unless the context indicates otherwise:
Cooling-off Period: The period within which the Consumer can exercise their right of withdrawal.
Consumer: The natural person who is not acting for purposes related to their trade, business, craft, or profession with whom Memories & Scents has concluded or intends to conclude an Agreement.
Agreement/Order: Any agreement established between Memories & Scents and the Consumer, in which Memories & Scents commits to delivering goods at an agreed price.
Parties: Memories & Scents, registered trademark of PetitParfums B.V. - hereafter Memories & Scents - and the Consumer collectively.
Memories & Scents: Memories & Scents, registered trademark of PetitParfums B.V., registered in the Commercial Register of the Chamber of Commerce under number 93638515, Contact information: info@petitparfums.nl // support@memoriesandscents.com
Written: Communication in writing, via email, fax, or any other method of communication that can be equated with these based on current technology and social norms.
These terms and conditions apply to every offer from Memories & Scents and every Agreement concluded. By entering into an Agreement with Memories & Scents, the Consumer agrees to these terms and conditions.
Deviations from these terms and conditions can only be made expressly and in writing.
In case of conflict between the terms and conditions of Memories & Scents and the Agreement, the terms of the Agreement prevail.
Memories & Scents reserves the right to change and/or supplement these terms and conditions at any time. Changes will be announced via email or the Memories & Scents website and will take effect seven (7) days after the announcement. The most current terms and conditions are available on the Memories & Scents website. If the Consumer places a new order after changes and/or supplements to these terms and conditions, they irrevocably accept the modified and/or supplemented terms and conditions.
The invalidity or nullity of any provision of these terms and conditions does not affect the validity of the remaining provisions. The Parties are obligated to replace any invalid provision with a valid one that closely approximates the purpose and intent of the original provision.
Every offer from Memories & Scents is non-binding, even if a period for acceptance is stated. Memories & Scents is never obligated to accept an order or deliver goods.
The Consumer cannot derive any rights from an offer from Memories & Scents that contains an apparent error or mistake.
An offer from Memories & Scents does not automatically apply to subsequent Agreements. However, these terms and conditions apply to subsequent Agreements unless Memories & Scents modifies them without needing to provide them again to the Consumer.
Every Agreement is concluded when one Party accepts the offer from the other Party. If acceptance deviates from the offer, the Agreement is not concluded according to the deviating acceptance unless the Parties agree otherwise.
The Agreement is, notwithstanding the foregoing, considered concluded if Memories & Scents starts the execution of the work with the Consumer's consent. Memories & Scents reserves the right to conclude the Agreement based on the Consumer signing a quote prepared by Memories & Scents.
If the Consumer concludes the Agreement (partly) on behalf of another natural person, they declare to be authorized to do so. The Consumer is jointly and severally liable for fulfilling the obligations from the Agreement.
Memories & Scents commits to deliver within the specified delivery times in the Agreement. The delivery time depends on the delivery location (domestic or international) and supplier availability. Stated delivery times are never strict deadlines.
If delivery is delayed, the Consumer must notify Memories & Scents in writing and allow a reasonable time to fulfill the delivery obligation.
Memories & Scents is never liable for damages resulting from delayed delivery.
Goods delivered by Memories & Scents remain the property of Memories & Scents until the Consumer has fulfilled all obligations under the Agreement, including any obligations arising from non-compliance.
If the Consumer fails to meet their obligations or if there is a justified fear that they will not do so, Memories & Scents is entitled to retrieve or have retrieved the goods subject to retention of title from the Consumer or third parties holding the goods for the Consumer. The Consumer must cooperate fully, under penalty of a fine of 10% of the amount owed per day, without prejudice to Memories & Scents' right to claim full compensation.
The Consumer can withdraw from an Agreement regarding the purchase of a product within a 14-day cooling-off period without giving any reason. Memories & Scents may ask the Consumer for the reason for withdrawal, but cannot require them to state their reason(s).
The cooling-off period mentioned in paragraph 1 starts the day after the Consumer or a third party designated by the Consumer receives the product, or if the Consumer orders multiple products in one order: the day the Consumer or a third party designated by the Consumer receives the last product. Memories & Scents may, provided it has informed the Consumer clearly before the ordering process, refuse an order of multiple products with different delivery times.
Products made to the Consumer's specifications, which are not prefabricated and made based on individual choices or decisions of the Consumer, or that are clearly intended for a specific person, are excluded from the right of withdrawal.
During the cooling-off period, the Consumer must handle the product and packaging with care. They should only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The principle is that the Consumer may handle and inspect the product only as they would in a store.
The Consumer is liable for any reduction in value of the product resulting from handling the product beyond what is permitted in paragraph 1.
If the Consumer exercises their right of withdrawal, they must notify Memories & Scents in writing within the cooling-off period. This written notification must include at least: the Consumer's (contact) details, the product(s) to which the withdrawal applies, the order date, and the receipt date.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Consumer must return the product or hand it over to (a representative of) Memories & Scents. The return period is met if the Consumer returns the product before the cooling-off period has expired.
The Consumer must return the product with all supplied accessories, if reasonably possible in original condition and packaging, and following the reasonable and clear instructions provided by Memories & Scents.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the Consumer.
The Consumer bears the direct costs of returning the product. If Memories & Scents has not informed the Consumer that they must bear these costs, or if Memories & Scents indicates it will bear the costs, the Consumer does not need to bear the return costs.
The Consumer bears 20% of the restocking costs for the product. If Memories & Scents has not informed the Consumer that they must bear these costs, or if Memories & Scents indicates it will bear the costs, the Consumer does not need to bear the restocking costs.
If Memories & Scents enables the Consumer to notify the withdrawal electronically, it will promptly send a confirmation of receipt after receiving this notification.
Memories & Scents will reimburse all payments made by the Consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but within fourteen (14) days following the day on which the Consumer notifies Memories & Scents of the withdrawal. Unless Memories & Scents offers to collect the product itself, it may wait with the refund until it has received the product or until the Consumer proves that they have returned the product, whichever occurs first.
Memories & Scents uses the same payment method for reimbursement that the Consumer used, unless the Consumer agrees to a different method. The reimbursement is free of charge for the Consumer.
If the Consumer chose a more expensive delivery method than the cheapest standard delivery, Memories & Scents does not need to refund the additional costs for the more expensive method.
All amounts mentioned by Memories & Scents include VAT unless expressly stated otherwise.
Memories & Scents is not obliged to fulfill the Agreement further as long as the Consumer is in default with any payment obligation to Memories & Scents.
Payment must be made according to the payment methods offered by Memories & Scents and within the term indicated by Memories & Scents.
If the Consumer becomes bankrupt, applies for (provisional) suspension of payments, is subject to the Debt Restructuring Natural Persons Act, or has requested guardianship, if any attachment is placed on the Consumer's assets and/or claims, enters liquidation or is dissolved, the Consumer must immediately inform Memories & Scents and all Memories & Scents' claims on the Consumer become immediately due and payable.
Memories & Scents is entitled to provide invoices only by email to the Consumer.
If timely payment is not made, the Consumer is in default by operation of law. From the day the default starts, the Consumer owes interest of 2% per month on the outstanding amount, with part of a month being counted as a full month.
All reasonable costs, including legal, extrajudicial, and enforcement costs, incurred to obtain the amounts owed by the Consumer, are for the Consumer's account. These costs amount to 15% of the amount owed, with a minimum of ā¬100.
The Consumer must inspect the purchased items upon delivery. The Consumer must check whether the delivered goods comply with the Agreement
Article 11. Applicable Law and Jurisdiction
These terms and conditions, as well as any Agreements concluded with Memories & Scents, shall be governed by and construed in accordance with the laws of The Netherlands.
Any disputes arising from or related to these terms and conditions or the Agreement shall be submitted to the competent court in TheĀ Netherlands.