CONDITIONS
RETURN POLICY in short
Return Policy for our valued customers. Our refund policy allows customers to cancel their order within 14 days of receiving their goods, and they have a further 14 days to return the items. Once the goods have been received in good order, the customer will receive a refund excluding VAT. shipping costs within 14 days. We will provide you with the necessary return labels. Please note that if you receive a refund, the return shipping costs will be deducted from your refund. Any charges will be visible when registering your return online and will be deducted from your refund. If you need assistance with your return, please do not hesitate to contact our friendly customer service team
Return Policy for our valued customers. Our refund policy allows customers to cancel their order within 14 days of receiving their goods, and they have a further 14 days to return the items. Once the goods have been received in good order, the customer will receive a refund excluding VAT. shipping costs within 14 days. We will provide you with the necessary return labels. Please note that if you receive a refund, the return shipping costs will be deducted from your refund. Any charges will be visible when registering your return online and will be deducted from your refund. If you need assistance with your return, please do not hesitate to contact our friendly customer service team
GENERAL TERMS AND CONDITIONS
Article 1 Definitions
Reflection period: the period in which the consumer can make use of his right of withdrawal;
Consumption: of natural person who does not act for purposes related to his trade, business, craft or profession;
Day: calendar day
Sustainable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that future consultation the use during a period that is tailored to the purpose information technology is best used, and the reproduction of the computer information is correct;
Right of withdrawal: the possibility of the consumer to cancel the distance contract within the reflection period; Taking into account the nature of the store/webshop, second-hand clothing.
Percolenti: The merchant of the current products, (access to) digital content and/or services in its store and/or remotely (webshop) offers to consumers;
Distance contract: a contract concluded between Percolenti and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions.
Technology for communication in this case means that can be used to conclude a contract, without the consumer and the entrepreneur having to be in the same room at the same time.
Article 2 Entrepreneur Identity
Percolenti
Laan van Waalhaven 139A,
A4862, 2497 GK Den Haag
E info@percolenti.com
KVK 89624327
Article 3 Applicability
3.1 These general terms and conditions apply to every offer from Percolenti, services provided by Percolenti, and to every agreement concluded, both remotely and in its store, between the entrepreneur and the consumer.
3.2 Before the agreement (remotely) is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Percolenti will indicate before the agreement (remotely) is concluded, how the general terms and conditions can be viewed at Percolenti and that they will be sent to the consumer free of charge upon request as soon as possible.
3.3 If the agreement is concluded remotely electronically, in deviation from the previous paragraph and before the agreement is concluded remotely, 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 medium. If this is not reasonably possible, it will be indicated before the agreement is concluded remotely where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.
3.4 In the event that, in addition to these general terms and conditions, specific product or service conditions are also applicable, the first, second, and third paragraphs of this article apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting conditions.
Artikel 4: Het Aanbod
4.1 If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
4.2 The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If Percolenti uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind Percolenti .
4.3 Each offer contains information in such a way that it is clear to the consumer what the rights and obligations are that are associated with accepting the offer.
Artikle 5: The Agreement
5.1 The agreement is concluded, subject to the provisions of sections 5.4 and 5.5, at the moment of acceptance by the consumer of the offer and compliance with the conditions stipulated therein.
5.2 If the consumer has accepted the offer electronically, Percolenti immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed by Percolenti, the consumer can dissolve the agreement.
5.3 If the agreement is concluded electronically, Percolenti takes appropriate technical and organizational measures.
Additional Rules
5.4 Within legal frameworks, Percolenti has the right to verify whether the consumer can meet their payment obligations and to examine all relevant facts and factors necessary for entering into a distance contract. If, based on this investigation, Percolenti has valid reasons not to proceed with the agreement, they are entitled to refuse an order or application or impose special conditions on the execution.
5.5 If the consumer electronically accepts the offer and chooses to pick up the product (clothing items) in the store, the purchase agreement is made with the condition that the consumer picks up the item in the store within fourteen (14) days. Failure to do so automatically dissolves the agreement, and the consumer loses any rights associated with it. Percolenti will refund the already paid (purchase) price within fourteen (14) days.
5.6 Upon delivery of the product, service, or digital content, Percolenti will provide the consumer with the following information:
The address where complaints can be submitted.
Conditions and procedure for the right of withdrawal.
Information on warranties and post-purchase service.
Price including taxes, delivery costs, and payment methods.
If applicable, the withdrawal form template.
Article 6: Right of Withdrawal
6.1 The consumer can cancel a contract for the purchase of products (clothing items) within a reflection period of up to 14 days without giving any reason.
6.2 The reflection period mentioned in clause 6.1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
If the consumer has ordered multiple products in the same order: the day on which the consumer or a third party designated by him received the last product. Percolenti may refuse an order of multiple products with different delivery times, provided this has been clearly communicated to the consumer in advance.
If the delivery of a product consists of different shipments or parts: the day on which the consumer or a third party designated by him received the last shipment or part.
In the case of agreements for regular delivery of products over a specified period: the day on which the consumer or a third party designated by him received the first product.
6.3 Purchased products in the (physical) store of Percolenti cannot be exchanged or returned.
Article 7: Consumer obligations during the cooling-off period
7.1 During the cooling-off period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to determine the nature, characteristics, and functioning of the product, similar to how one would in a store.
7.2 The consumer is liable for any depreciation of the product resulting from handling the product beyond what is allowed in clause 1.
Article 8: Exercise of the right of withdrawal by the consumer and costs
8.1 If the consumer wishes to exercise the right of withdrawal, this must be reported within the cooling-off period using the withdrawal form or in another clear manner to the seller.
8.2 The consumer must return the product as soon as possible and no later than 14 days after the notification, unless Percolenti has offered to collect the product.
8.3 The product must be returned, if reasonably possible, in its original condition and packaging, in accordance with the instructions provided by Percolenti.
8.4 The consumer is responsible for the correct and timely exercise of the right of withdrawal.
8.5 The consumer bears the direct costs of returning the product.
Article 9: Obligations of Percolenti in case of withdrawal
9.1 If Percolenti enables the consumer to notify the withdrawal electronically, it shall send a confirmation of receipt promptly, in any case within 5 working days after receiving this notification.
9.2 Percolenti shall reimburse all payments made by the consumer, including any delivery costs charged by Percolenti for the returned product, promptly but within 14 days following the day on which the consumer notifies Secondhand Rose of the withdrawal and returns the product in good condition. Unless Percolenti offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer demonstrates they have returned the product, whichever occurs earlier.
9.3 Percolenti will use the same payment method for the refund as the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
9.4 If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, Percolenti is not obligated to refund the additional costs for the more expensive method.
Article 10: The Price
10.1 During the validity period indicated in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.
Article 12: Fulfillment of the agreement
12.1 Percolenti guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
Article 13: Delivery and execution
13.1 Percolenti will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
13.2 The consumer's specified address to Percolenti is considered the place of delivery.
13.3 Subject to the provisions in these general terms and conditions, Percolenti will execute accepted orders promptly but no later than within 30 days, unless another delivery period has been agreed upon. If there is a delay in delivery or if an order cannot be executed, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation.
13.4 After termination according to the previous clause, Percolenti will promptly refund the amount paid by the consumer.
13.5 The risk of damage and/or loss of products rests with Percolenti until the moment of delivery to the consumer or a designated representative known to Percolenti , unless explicitly agreed otherwise.
Article 14: Payment
14.1 Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid immediately.
14.2 The consumer is obligated to promptly report any inaccuracies in the provided or stated payment details to Percolenti
14.3 If the consumer fails to meet their payment obligation(s) in a timely manner, after being notified by Percolenti of the late payment and given a 14-day grace period to fulfill the payment obligation, if payment is not made within this 14-day period, the consumer is liable for statutory interest on the outstanding amount and Secondhand Rose is entitled to charge the consumer extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500, and 5% on the following €5,000, with a minimum of €40.
Article 15: Warranty
15.1 Due to the unique nature of the products supplied by Percolenti (second-hand clothing), only limited warranty is provided by her. This means that the delivered product has no damage at the time of delivery unless explicitly stated otherwise.
Article 16: Clothing brought in and consignment
16.1 Percolenti accepts second-hand clothing for (re)sale to consumers. Products (clothing) brought in on consignment by individuals (the "consignor") are assigned a (reasonable) selling price by Secondhand Rose in consultation with the consignor.
16.2 If consigned clothing is sold, the sales proceeds belong to the consignor and Percolenti with a distribution ratio of 60/40, meaning 60% of the sale value goes to the consignor and 40% to Percolenti. The consignor verifies if clothing has been sold and if so, specifies how the due amount should be paid. For clothing sold through the online store, a minimum period of 14 days before payment can be made applies.
16.3 Clothing brought in must be clean, neat, up-to-date, and seasonal.
16.4 Consignment clothing can be displayed in the store and offered in the online shop for a maximum of 2 to 3 months. If the consigned clothing is not sold within this period, the consignor can retrieve it on agreed-upon days.
16.5 The consignor remains the owner of the products even if they are displayed in Percolenti's (web)shop. Ownership of the goods transfers from the consignor to the buyer at the moment when Secondhand Rose sells the product and delivers it to the buyer.
16.6 Percolenti is not liable for any damage, loss, or destruction of products (clothing) provided on consignment by the consignor.
Article 17: Complaints Procedure
17.1 Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has detected the defects, fully and clearly described.
17.2 Complaints submitted to Percolenti will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Secondhand Rose will reply within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
17.3 The consumer must allow Percolenti at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to dispute resolution.
Article 18: Disputes
18.1 Only Dutch law applies to agreements between Percolenti and the consumer to which these general terms and conditions apply.
Article 19: Additional or Deviating Provisions
19.1 Additional or deviating provisions from these general terms and conditions must be documented in writing by Percolenti and the consumer.
Attachment for withdrawal of the agreement: