Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Return Period: the period during which the consumer can exercise their right of withdrawal;
- Consumer: a natural person who does not act for purposes related to their trade, business, craft, or profession;
- Day: calendar day;
- Digital Content: data produced and delivered in digital form;
- Durable Medium: any tool, including email, allowing the consumer or webshop to store information personally addressed to them in a way that facilitates future access or use during a period tailored to the purpose for which the information is intended and allows unchanged reproduction of the stored information;
- Right of Withdrawal: the consumer’s ability to withdraw from a distance contract within the Return period;
- Webshop: the natural or legal person offering products, (access to) digital content, and/or services remotely to consumers;
- Distance Contract: an agreement concluded between the webshop and the consumer as part of an organized system for distance selling of products, digital content, and/or services, where the contract is exclusively or partially concluded using one or more means of distance communication;
- Model Withdrawal Form: the European model withdrawal form included in Appendix I to these terms;
- Means of Distance Communication: a tool that can be used to conclude a contract without the consumer and webshop being in the same place simultaneously;
Article 2 – Webshop & Applicability
Petite Muslima is a webshop registered as a sole proprietorship with the Chamber of Commerce under Chamber of Commerce number: 68533934 with VAT number NL00259507B75. The webshop is located at (2661 DC) Bergschenhoek, Weg en Land 35 J. Contact details can be found on the website’s contact page.
The webshop has an SSL certificate, ensuring the website is secure. Privacy information is provided in our Privacy Policy.
These general terms and conditions apply to every offer from the webshop and to every distance contract concluded between the webshop and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the webshop will indicate how the general terms and conditions can be inspected at the webshop before the distance contract is concluded and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically.
Article 3 – Return Period
The consumer has a return period of 30 days after purchasing a specific product through the webshop. Within this period, the consumer can terminate the contract without stating reasons.
The return period mentioned in paragraph 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: a. 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. The webshop may refuse an order for multiple products with different delivery times, provided it has informed the consumer of this in a clear manner prior to the ordering process. b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part; c. in contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, received the first product.
During the return period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for the depreciation of the product resulting from a way of handling the product beyond what is allowed in paragraph 3.
The following products are excluded from the return period: a. audio and video recordings and computer software the seal of which has been broken after delivery; b. personalized products (made to measure or with modifications made according to the consumer’s order); c. printed products; d. used items (paragraph 3); e. products that spoil or age quickly, such as food; f. individual copies of newspapers and magazines.
These products cannot be returned. In the event that the webshop sells other products that are legally excluded from the return period, this exclusion applies accordingly to the contract concluded between the webshop and the consumer.
Article 4 – Exercise of the Right of Withdrawal
If the consumer exercises their right of withdrawal, they shall notify the webshop of this within the return period through the model withdrawal form or in another unambiguous way.
As soon as possible, but within 14 days from the day following the notification mentioned in paragraph 1, the consumer returns the product or hands it over to the webshop (or an authorized representative). This is not necessary if the webshop has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the return period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the webshop. See also Article 3, paragraphs 3 and 4 of these general terms and conditions in this regard.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer. The consumer ensures that a return shipment is always properly packaged.
The consumer bears the direct costs of returning the product. Any costs can be offset against the amount to be refunded. Surcharge fees for the use of a payment method for which an additional fee is charged are not eligible for reimbursement.
If the consumer has paid an amount, the webshop will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received by the webshop or conclusive proof of complete return can be provided.
The webshop uses the same payment method that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
This article also applies in cases where the consumer refuses the shipment of the product before actual delivery (at the door).
Article 5 – The Agreement
The agreement is concluded, subject to what is stated in this article and article 6, at the moment of acceptance by the consumer of the offer and compliance with the accompanying conditions.
If the consumer has accepted the offer electronically, the webshop immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the webshop, the consumer can dissolve the agreement.
Within the legal framework, the webshop can inform itself – within the limits set by the law – whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the webshop has good reasons not to enter into the agreement, it is entitled to refuse an order or application with reasons or to attach special conditions to the execution.
At the latest upon delivery of the product, the webshop ensures that the consumer receives the following information, in writing or digitally: a. the visiting address of the establishment of the webshop where the consumer can address written complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about warranties and existing after-sales service; d. the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or implementation of the distance agreement; e. if the consumer has a right of withdrawal, the model withdrawal form.
If the consumer has provided an incorrect address for delivery, the webshop has the right to charge the consumer additional shipping costs, if and insofar as the incorrect address results in extra costs for the webshop.
If a product is never delivered, this is at the risk of the webshop. A condition for this is that DPD has completed the investigation. Parties are obliged to cooperate in an investigation.
Article 6 – The Offer
If an offer has a limited validity or is subject to conditions, this is explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. Obvious mistakes or errors in the offer do not bind the webshop.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 7 – The Price & Payment
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
The prices mentioned in the offer of products or services include VAT.
Unless otherwise agreed in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the conclusion of the agreement.
A prepayment of up to 50% can be requested from the consumer.
The consumer has the obligation to report inaccuracies in provided or stated payment details to the webshop as soon as possible.
If the consumer does not fulfill his payment obligations on time, he is in default after being reminded by the webshop of the late payment and the webshop has given the consumer a period of 14 days to still fulfill his payment obligations, after the payment is not made within this 14-day period, the consumer owes statutory interest on the still owed amount, and the webshop is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500; and 5% on the next € 5,000, with a minimum of € 40.
Article 8 – Complaints & Warranty
Complaints about the delivery must first be reported to us by phone. We will contact the relevant delivery person.
Complaints about the product itself must be reported to us in writing. The consumer must describe the complaint in as much detail as possible. This complaint can also be emailed to [email protected]. Upon receipt of the complaint, the webshop ensures that the complaint is dealt with and, where possible, resolved.
The webshop 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. If agreed, the webshop also guarantees that the product is suitable for uses other than normal use.
The webshop will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
If guarantees are included in the agreement, the following applies. The webshop guarantees that the sold item complies with the agreement, that it will function without defects, and that it is suitable for the use that the consumer intends to make of it. This guarantee applies for a period of twelve months after the consumer has received the item.
The aforementioned guarantee does not apply if the defect has arisen as a result of improper or improper use (including water, fall, and user damage) or if – without permission – the consumer or third parties have made changes or attempted to make changes or if the item has been used for purposes for which it is not intended.
A non-conforming product can be repaired or replaced free of charge if the warranty conditions are met. If it is found that the product/non-conformity is not covered by the warranty, the webshop is entitled to charge investigation and shipping costs.
Taking into account what is stated in Article 4 of these general terms and conditions, the webshop will execute accepted orders promptly but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed of this no later than 30 days after he placed the order. In this case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
The webshop is not liable for errors on the part of the consumer in assembling a personalized product.
Article 9 – Disputes
If the parties cannot reach an agreement, the parties are free to turn to the Dutch court.
The law of the Netherlands applies exclusively to agreements between the webshop and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.