Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the Consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with PHEBE;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the Consumer or PHEBE to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the Consumer to cancel the distance contract within the cooling-off period;
7. Model form (Annex I): the model withdrawal form that PHEBE makes available that a Consumer can fill in when he wants to exercise his right of withdrawal.
8. PHEBE: the legal person who offers products and/or services to the Consumer at a distance;
9. Distance contract: an agreement whereby, within the framework of a system organised by PHEBE for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used to conclude a contract, without the Consumer and PHEBE having come together in the same room at the same time.
11. General Terms and Conditions: these PHEBE General Terms and Conditions.

Article 2 – Who are we?

PHEBE Fashion BV ("PHEBE")

Contactweg 43

1014AN Amsterdam

• E-mail address: contact@phebefashion.com.
• Chamber of Commerce number: 91774381.
• VAT identification number: NL865766125B01.

Article 3 - Applicability

1. These general terms and conditions apply to every offer from PHEBE and to every distance contract and orders concluded between PHEBE and the Consumer.
2. If the distance contract is concluded electronically and before the distance contract is concluded, the text of these general terms and conditions will be made available to the Consumer electronically in such a way that it can be easily stored by the Consumer on a durable data carrier.
3. The Consumer must accept these General Terms and Conditions before the Contract is entered into, failing which no Contract is entered into. Placing an order via the Webshop and checking the text I have read & agree to the terms and conditions and privacy policy constitutes acceptance of these General Terms and Conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Consumer. If PHEBE uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind PHEBE.
3. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
4. Images accompanying products are a true representation of the products offered. PHEBE cannot guarantee that the displayed colors exactly match the real colors of the products.
5. Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
   • the price including taxes;
   • any costs of delivery;
   • the way in which the agreement will be concluded and which actions are necessary for this;
   • the method of payment, delivery or execution of the agreement;
   • the period for accepting the offer, or the period for maintaining the price;
   • the way in which the Consumer can be informed of actions he does not want before concluding the agreement, as well as the way in which he can rectify them before the agreement is concluded;
     
   • any languages in which, in addition to Dutch, the agreement can be concluded;
   • the codes of conduct to which PHEBE has submitted and the way in which the Consumer can consult these codes of conduct electronically;
   • the minimum duration of the distance contract in the event of an agreement that extends to continuous or periodic delivery of products or services.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the Consumer of the offer and compliance with the conditions set therein.
2. If the Consumer has accepted the offer electronically, PHEBE will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by PHEBE, the Consumer can dissolve the agreement.
3. If the agreement is concluded electronically, PHEBE will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Consumer can pay electronically, PHEBE will observe appropriate security measures.
4. PHEBE can - within legal frameworks - inform itself 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, on the basis of this investigation, PHEBE has good reasons not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. PHEBE will send the following information to the Consumer with the product or service, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable data carrier:
6. The conditions under which and the way in which the Consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   
7. The information about guarantees and existing after-sales service;
8. The information included in article 4 paragraph 3 of these terms and conditions, unless PHEBE has already provided this information to the Consumer before the execution of the agreement;
9. The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
10. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

When delivering products:

1. When purchasing products, the Consumer has the option to dissolve the agreement without giving reasons during 30 calendar days. This period starts on the day after receipt of the product by or on behalf of the Consumer.
2. During this 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 whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the PHEBE, in accordance with the reasonable and clear instructions provided by PHEBE.

Article 7 – Costs in case of withdrawal

1. If the Consumer makes use of his right of withdrawal, the costs of return will be borne by him at most.
2. If the Consumer has paid an amount, PHEBE will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.

Article 8 – Exclusion of the right of withdrawal

1. PHEBE may exclude the Consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if PHEBE has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

• created by PHEBE in accordance with the Consumer's specifications;
• which are clearly personal in nature;
• which, by their nature, cannot be returned;
• for products of which the Consumer has broken the seal;
• for products that have been washed;
• for products that have been worn (fitting is possible).

Article 9 – The price

1. The prices stated on the Website are in euros, inclusive of VAT and exclusive of shipping costs, unless otherwise stated or agreed on in writing.
2. The prices of the products and services offered will not be increased during the validity period stated in the offer, except for price changes due to changes in VAT rates. The Consumer will be notified separately, before the time of ordering, of any contribution to the shipping costs. That contribution may depend on the size of the order, the place of delivery and the shipping method chosen.
3. After placing an order, the Consumer immediately receives a confirmation by e-mail, as well as a separate email stating the total costs, including the shipping costs.
4. The Consumer may pay for the ordered Products using IDEAL, a credit card, a gift card or an after-pay option.
5. When payment is made by credit card, PHEBE reserves the right to check whether the credit card is valid, whether the available spending capacity suffices to debit the purchase amount, and whether the Consumer’s address details are correct. PHEBE reserves the right to refuse a credit card purchase.
6. The Consumer must immediately notify PHEBE of any inaccuracies in the payment data provided or stated.
7. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, PHEBE is not obliged to deliver the product according to the incorrect price.
   
8. If the Consumer fails to meet any payment obligation in a timely manner, after PHEBE has notified him or her of the late payment and given him or her a period of 14 days to meet that payment obligation, PHEBE may charge the statutory interest on the outstanding amount as well as the extrajudicial collection costs incurred by PHEBE. These collection costs amount to a maximum of 15% of outstanding amounts up to €2,500, 10% of the next €2,500 and 5% of the next €5,000, subject to a minimum of €40. PHEBE may derogate from these amounts and percentages in favour of the Consumer.

Article 10 – Conformity and Warranty

1. PHEBE guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, PHEBE also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by PHEBE, manufacturer or importer does not affect the legal rights and claims that the Consumer can assert against PHEBE under the agreement.
3. Any defects or incorrectly delivered products must be reported to PHEBE in writing within 2 weeks of delivery. The products must be returned in the original packaging and in new condition.
4. The warranty does not apply if:
   • The Consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
   • The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are contrary to PHEBE's instructions and/or have been treated on the packaging/washing label;
   • The inadequacy is wholly or partly the result of regulations that the government has set or will make with regard to the nature or quality of the materials used.
5. If a product is damaged or shipped defective, we will take care of the return costs only for the product that is defective / damaged. If the customer wishes to return multiple items and the costs for returning them are higher, we will still only reimburse the product that is damaged / defective. Return costs that we reimburse are the cheapest costs.

Article 11 – Delivery and execution

1. PHEBE will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the Consumer has made known to the company. The order is delivered at the address stated by the Consumer. If the Consumer is not at home at the time of delivery, PHEBE may deliver the order to the Consumer's neighbours.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Consumer will be notified of this no later than one month after he has placed the order. In that case, the Consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, PHEBE will refund the amount paid by the Consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves to be impossible, PHEBE will make every effort to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered.
6. If the Consumer orders one or more pre-order products, the entire order will be shipped when all products are in stock.
7. If Consumer refuses or fails to provide information or instructions that are necessary for delivery, the order destined for delivery will be stored at the Customer’s expense and risk.
8. If the Consumer states an incorrect address for delivery, PHEBE may charge any additional shipping costs to the Consumer.

9. Late delivery does not entitle the Consumer to any damages or give him or her the right to dissolve (ontbinden) the agreement or not to perform any obligation that may arise for the Consumer from the agreement or from any related agreement.

Article 12 – Payment

1. Unless otherwise agreed, the amounts owed by the Consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the Consumer has received confirmation of the agreement.
2. The Consumer has the obligation to report inaccuracies in provided or stated payment details to PHEBE without delay.
3. In the event of non-payment by the Consumer, PHEBE has the right, subject to legal restrictions, to charge the reasonable costs made known to the Consumer in advance.

Article 13 – Complaints procedure

1. PHEBE has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 14 days, fully and clearly described, after the consumer has received the goods and found the defects.
3. 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 message of receipt and an indication when the consumer can expect a more detailed answer.

Annex I

Model Withdrawal Form

(complete and return this form only if you wish to dissolve (ontbinden) the contract)

To: [PHEBE]
[PHEBE's e-mail address]

I/We* hereby give notice that I/We* dissolve my/our* contract of sale regarding the following products: [identification of products]* 

ordered on*/received on* [date of receipt of products].

Consumer’s/Consumers’ name(s)

Consumer’s/Consumers’ address(es) 

* Delete or complete as appropriate