Terms & 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: A natural person who is not acting in the course of a professional or business activity and who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Ongoing contract: A distance contract covering a series of products and/or services with obligations for supply and/or purchase extending over a period of time.
Durable medium: Any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The option 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 via distance selling.
Distance contract: A contract concluded exclusively through distance communication technologies, from offering products and/or services to finalizing the contract, within a system organized by the entrepreneur for remote sales.
Remote communication technology: Any method used to conclude a contract without the consumer and entrepreneur being present at the same location simultaneously.
General terms and conditions: The present general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Address: Oerlesestraat 25, 5021 TS, Tilburg, North Brabant, Netherlands
Email: info@bennetfashion.com
Contact Form: Click here
Phone: +31613387198
Company Name: Bennet fashion
Chamber of Commerce (KVK): 85356654
VAT Identification Number: NL004085688B29

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

Before concluding a distance contract, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, the consumer will be informed where they can access the terms before the contract is finalized, and a free copy will be sent upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions will be provided to the consumer electronically in such a way that they can be easily stored on a durable medium. If this is not reasonably possible, before concluding the distance contract, the consumer will be informed where the general terms can be accessed electronically and that they can be sent electronically or otherwise free of charge upon request.

In cases where specific product or service conditions apply in addition to these general terms and conditions, clauses 2 and 3 apply, and the consumer may always rely on the most favorable applicable provision in the event of conflicting terms.

If one or more provisions in these general terms and conditions become invalid or are declared void, the remainder of the contract and these conditions will remain in effect. The invalid provision will be replaced by a provision that aligns as closely as possible with the original intent.

Any matters not covered by these general terms and conditions will be assessed in line with the "spirit" of these conditions.

Uncertainties regarding the interpretation or content of any provision will also be clarified based on 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 reserves the right to change and modify the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description must be detailed enough to allow the consumer to make an informed decision. If the entrepreneur uses images, these must provide a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer serve as indications and cannot be grounds for compensation or contract cancellation.

Product images are as accurate as possible, but the entrepreneur cannot guarantee that the displayed colors exactly match the actual product colors.

Each offer includes clear information about the consumer’s rights and obligations upon acceptance, including:

The price, excluding customs duties and import VAT. These additional costs are the responsibility of the customer. The postal or courier service will apply the UK customs regulations for imported goods. The postal or courier service will collect VAT (along with any customs duties, if applicable) from the recipient.
Any shipping costs.
How the contract will be concluded and the steps required.
The applicability or non-applicability of the right of withdrawal.
The payment method, delivery, and execution of the contract.
The period for accepting the offer and the period during which the entrepreneur guarantees the stated price.
The cost of remote communication if it is charged on a different basis than the regular basic rate of the used communication method.
Whether the contract will be archived after conclusion and how it can be accessed by the consumer.
How the consumer can check and, if necessary, correct the information they provided before finalizing the contract.
Any other available languages in which the contract can be concluded.
Any codes of conduct the entrepreneur has committed to and how the consumer can view them electronically.
The minimum duration of the distance contract in the case of ongoing transactions.

Optional: Available sizes, colors, material types.

Article 5 – The Contract

The contract is concluded when the consumer accepts the offer and meets the stated conditions, subject to clause 4.

If the consumer accepts the offer electronically, the entrepreneur will confirm receipt electronically without delay. As long as this confirmation has not been received, the consumer may dissolve the contract.

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

The entrepreneur may, within legal boundaries, check whether the consumer can fulfill their payment obligations and consider relevant facts and factors for a responsible remote contract conclusion. If the entrepreneur has valid reasons not to enter into the contract, they are entitled to refuse an order or request or attach special conditions to execution.

The entrepreneur will provide the consumer with the following written or electronic information at the time of product or service delivery:

The physical address of the entrepreneur’s business, where complaints can be submitted.
The terms and process for exercising the right of withdrawal, including a clear statement if the right of withdrawal is not applicable.
Information on warranties and after-sales service.
The data specified in Article 4, Clause 3, unless the entrepreneur has already provided this information before executing the contract.
The conditions for terminating the contract if it lasts longer than one year or is of indefinite duration.

For ongoing transactions, the above information only applies to the first delivery.

Every contract is concluded under the condition of sufficient product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without stating a reason within 14 days. The withdrawal period begins the day after the consumer, or a third party designated by the consumer (excluding the carrier), receives the product.

During the withdrawal period, the consumer must handle the product and packaging with care. The product may only be unpacked or used as necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, the product must be returned with all supplied accessories, in its original condition and packaging, according to the entrepreneur’s provided instructions.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product via a written message or email. After this notification, the consumer has an additional 14 days to return the product. Proof of timely return, such as a shipping receipt, must be provided by the consumer.

If the consumer does not exercise the right of withdrawal within the stipulated timeframes, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, they are responsible for the costs of returning the products.

If the consumer has made a payment, the entrepreneur will refund the amount within 14 days after receiving the returned product or receiving conclusive proof that the product has been shipped.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for the following products or services, provided this was clearly stated in the offer before the contract was concluded:

Products:

Items made to the consumer’s specifications (custom-made or personalized products).

Products of a personal nature.

Products that cannot be returned due to their nature.

Perishable products or those with a limited shelf life.

Products whose price is dependent on financial market fluctuations, over which the entrepreneur has no control.

Newspapers, magazines, and periodicals.

Sealed audio/video recordings or computer software if the seal has been broken.

Hygiene-related products where the seal has been broken.

Services:

Accommodation, transport, catering, or leisure services scheduled for a specific date or period.

Services that begin with the consumer's express consent before the withdrawal period expires.

Betting and lottery services.

Article 9 – Pricing

During the validity period stated in the offer, product and service prices will not increase, except for price adjustments due to VAT or legal changes.

Prices for products or services dependent on financial market fluctuations may vary, provided this is clearly stated in the offer.

Price increases within 3 months of contract conclusion are only permitted if they result from legal regulations.

Price increases after 3 months are only allowed if:

They result from legal regulations, or

The consumer has the right to terminate the contract as of the date the price increase takes effect.

Customs duties and VAT: The UK considers the place of delivery as the country of import. The postal or courier service will apply the relevant UK customs regulations and collect import VAT and duties from the customer. Therefore, VAT is not charged by the entrepreneur.

All prices are subject to printing and typographical errors. The entrepreneur is not obligated to deliver products at an incorrect price if an error occurs.

Article 10 – Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable quality and usability requirements, and existing legal and/or regulatory provisions at the time of contract conclusion.

Any additional warranties offered by the entrepreneur, manufacturer, or importer do not affect the consumer’s statutory rights.

Any defects or incorrectly delivered products must be reported to the entrepreneur within 14 days of delivery in writing. The return must be made in its original packaging and unused condition.

The entrepreneur’s warranty period is equivalent to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer or for advice on the use or application of the products.

The warranty does not apply if: The consumer has repaired or modified the product themselves. The product was subjected to abnormal conditions or otherwise handled improperly. The defect is due to government regulations regarding the type or quality of materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and fulfilling orders.

The delivery location is the address provided by the consumer.

The entrepreneur will process accepted orders promptly but no later than 14 days, unless the consumer has agreed to a longer delivery time. If a delay occurs or an order cannot be fulfilled, the consumer will be notified within 14 days of ordering. In such cases, the consumer has the right to cancel the contract free of charge and may be entitled to compensation.

If the contract is canceled due to non-fulfillment, the entrepreneur will refund any payments within 14 days of cancellation.

If delivery is impossible, the entrepreneur will attempt to offer a replacement product. The consumer will be informed at the time of delivery. In case of replacement items, the right of withdrawal cannot be excluded, and the costs of return are borne by the entrepreneur.

The risk of damage or loss of products remains with the entrepreneur until delivery to the consumer or a designated recipient.

Article 12 – Ongoing Contracts: Duration, Termination, and Renewal

Termination

The consumer may terminate an ongoing contract for the indefinite supply of products or services at any time with a maximum one-month notice period.

A fixed-term contract for regular supply of products or services can be terminated at the end of the contract period, with a maximum one-month notice period.

Renewal

Fixed-term contracts cannot be automatically extended beyond the agreed duration. Exceptions: A contract for newspapers, news, or magazines may be renewed for a maximum of 3 months if the consumer can cancel it with one month's notice. A contract for regularly delivered products/services may be extended indefinitely, provided the consumer can cancel with one month's notice (or three months if delivered less than once per month) .Trial or introductory subscriptions will not be automatically renewed and will terminate automatically after the trial period.

Contract Duration

If a contract lasts more than one year, the consumer may cancel it after one year with a maximum one-month notice period, unless fairness dictates otherwise.

Article 13 – Payment

Unless otherwise agreed, payments must be made within 7 business days after the cooling-off period begins (for product purchases) or after contract confirmation (for service contracts).

Consumers must promptly report any errors in payment details to the entrepreneur.

In the event of non-payment, the entrepreneur has the right to charge reasonable costs communicated in advance.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days after the consumer identifies a defect. The entrepreneur will respond within 14 days of receiving the complaint. If more time is needed, the entrepreneur will acknowledge receipt and provide an estimated resolution timeframe. If the complaint cannot be resolved amicably, it becomes a dispute subject to formal resolution. A complaint does not suspend the consumer’s payment obligations. If a complaint is deemed valid, the entrepreneur will either replace or repair the product at no cost.

Article 15 – Disputes

These terms and conditions are governed exclusively by UK law, even if the consumer resides outside the UK.

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