General Terms and Conditions

Definitions

In these terms and conditions the following terms shall have the following meanings:

• Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur; Reflection period: the period within which the consumer can make use of his right of withdrawal;
• Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
• Day: calendar day;
• Digital content: data produced and supplied in digital form;
• Duration agreement: an agreement that provides for the regular delivery of goods, services and/or digital content during a specific period;
• Durable medium: any instrument - including email - that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purpose for which the information is intended and which allows for the unchanged reproduction of the stored information;
• Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services remotely to consumers;
• Distance contract: an agreement concluded between the entrepreneur 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 agreement exclusive or additional 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 terms and conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
• Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur having to be in the same place at the same time.

Identity of the entrepreneur

Entrepreneur's name: SUITE702. Trading under the name(s): SUITE702 BV. Office and visiting address: Elementenstraat 5, 1014 AR Amsterdam. Telephone number: +31 (0)20-73 70 652
Accessibility: Monday to Friday from 9:30 am to 5:30 pm
Email address: service@SUITE702.com
Chamber of Commerce number: 83336885
VAT identification number: NL862834235B01

Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded 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, the entrepreneur will indicate before the distance contract is concluded in what way the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them 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 consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

The offer

If an offer has a limited period of validity or is made subject to conditions, this will be 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 the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

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

The entrepreneur may, within the legal framework, inquire 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 contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:

• The visiting address of the entrepreneur's establishment where the consumer can go with complaints; 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;
• The information about guarantees and existing after-sales service;
• The price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
• The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
• o If the consumer has a right of withdrawal, the model withdrawal form. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Right of withdrawal

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (SUITE702, Elementenstraat 5, 1014 AR Amsterdam, service@suite702.com / 020-7370652) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you cancel this contract, we will refund your payment no later than 14 days after we have received your return shipment. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back.
You shall send back or hand over the goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will be responsible for the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. All bed linen is packed in a polybag with seal. The moment you open the seal, there may be a diminished value. Hygiene is particularly important for bed & bath linen. If you have used and/or washed the products, the diminished value is 100%.

Exempt from the right of withdrawal is a consumer purchase that concerns the delivery of products manufactured according to the consumer's specifications, that are not prefabricated and that are manufactured on the basis of an individual choice or decision by the consumer, or that are clearly intended for a specific person. This is the case, for example, if you order custom work.

The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any stated prices are target prices are stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• These are the result of statutory regulations or provisions;
• The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
• The prices stated in the offer of products or services include VAT.

Compliance with agreement and additional warranty

The entrepreneur 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 in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the agreement.

Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the entrepreneur.

Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer. 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 representative made known to the entrepreneur, unless expressly agreed otherwise.

Long-term transactions: duration, termination and extension Termination

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

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

The consumer may terminate the agreements referred to in the previous paragraphs:

• Cancel at any time and not be limited to cancellation at a specific time or during a specific period;
• At least cancel in the same manner as they were entered into by him;
• Always cancel with the same notice period as the entrepreneur has stipulated for himself.

An agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which provides for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of up to one month.

An agreement entered into for a definite period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement provides for the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

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 reasonableness and fairness oppose termination before the end of the agreed term.

Payment

Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.

The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay. If the consumer does not meet his payment obligation(s) on time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the consumer has failed to pay within this 14-day period, the consumer will owe the statutory interest on the amount still owed and the entrepreneur 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. The entrepreneur may deviate from the stated amounts and percentages to the advantage of the consumer.

Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.

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

“The European Commission provides a platform for online dispute resolution for consumers, which you can find at:

http://ec.europa.eu/consumers/odr/.”