Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Ongoing transaction: a distance contract related to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement where, within the framework of a system organized by the entrepreneur for the sale of products and/or services at a distance, only one or more means of remote communication are used until the conclusion of the agreement;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur meeting simultaneously in the same space;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name: On request
Chamber of Commerce number: On request
Trade name: Evernorth
VAT number: On request
Customer service email: info@evernorthfashion.com
Business address: On request

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be provided to the consumer electronically in a way that allows the consumer to easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge either electronically or in another way upon request.

In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always rely on the most favorable provision in case of conflicting conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the rest of the agreement and these conditions will remain in effect, and the relevant provision will be replaced by a provision that most closely approximates the original intent.

Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms must be explained 'in the spirit' of these general terms and conditions.

Article 4 – The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains sufficient information to make clear to the consumer what the rights and obligations are associated with accepting the offer, particularly:

The price, excluding customs duties and import VAT. These additional costs will be the customer's responsibility. The postal or courier service will collect the VAT (possibly along with customs duties) from the recipient of the goods;
Any shipping costs;
The method by which the agreement will be concluded and what actions are required for this;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and performance of the contract;
The period for accepting the offer or the period within which the entrepreneur guarantees the price;
The rate for distance communication if the cost of using the distance communication technology is calculated based on a rate other than the basic rate for the used communication method;
Whether the contract will be archived after it is concluded, and if so, in what way it can be accessed by the consumer;
The way the consumer can check and correct the data they provided before concluding the contract;
Any other languages besides Dutch in which the contract can be concluded;
The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;
The minimum duration of the distance contract in case of an ongoing transaction;
Optionally, the available sizes, colors, and materials.

Article 5 – The contract

The contract is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as any facts and factors relevant to a responsible conclusion of the distance contract. If, based on this inquiry, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request or to attach special conditions to the performance.

The entrepreneur will include the following information with the product or service to the consumer, either in writing or in a way that the consumer can store it on a durable data carrier:

The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
The conditions under which and the way the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
Information on guarantees and after-sales service;
The data mentioned in Article 4, paragraph 3, unless the entrepreneur has already provided this data to the consumer before the performance of the contract;
The requirements for terminating the agreement if the contract has a duration of more than one year or is indefinite.

In case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to dissolve the contract without giving reasons within 14 days. This cooling-off period begins on the day after the consumer or a third party appointed by the consumer, who is not the carrier, has received the product.

During the cooling-off period, the consumer will handle the product and its packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must do so by means of a written message/email. After the consumer has made known that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods were returned on time, for example, by providing proof of shipment.

If the consumer has not made known within the period specified in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are for the consumer’s account.

If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, the entrepreneur may withhold the refund until they have received the product back or the consumer has provided conclusive proof that the product has been returned, whichever comes first.

Article 8 – Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or, at least, before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

That are produced according to the consumer’s specifications;
That are clearly personal in nature;
That cannot be returned due to their nature;
That spoil or age quickly;
Whose price depends on fluctuations in the financial market that are beyond the entrepreneur’s control;
For single issues of newspapers and magazines;
For audio and video recordings and computer software where the consumer has broken the seal;
For hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

Regarding accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
Whose delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;
Regarding betting and lotteries.

Article 9 – The price

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 due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any mentioned prices are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

They are the result of statutory regulations or provisions; or
The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

The place of delivery is determined based on Article 5, first paragraph, of the Dutch VAT Act 1968 in the country where transportation begins. In this case, this delivery takes place outside the EU. Therefore, the post or courier service will collect import VAT or customs duties from the recipient. As a result, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the erroneous price.

Article 10 – Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in effect on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
The product’s defects are wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

The entrepreneur will take the utmost care in receiving and executing orders for products.

The place of delivery is the address the consumer has made known to the company.

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to dissolve the contract without costs and is entitled to any compensation.

In case of dissolution as per the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product is impossible, the entrepreneur will strive to make a replacement item available. No later than at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of a return shipment are at the entrepreneur’s expense.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and notified representative, unless otherwise expressly agreed.

Article 12 – Ongoing transactions: duration, termination, and renewal

Termination

The consumer may at any time terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may at any time terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at the end of the definite term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

At any time and not be restricted to termination at a specific time or in a specific period;
At least terminate them in the same manner as they were entered into;
Always terminate them with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period.

In deviation from the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a definite period of no more than three months if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.

An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A limited-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless the reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur has stated otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

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