General terms and conditions QueenyDollsEmpire
—

Table of contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the cooling-off period

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 – Obligations of the entrepreneur in case of withdrawal

Article 10 – Exclusion of right of withdrawal

Article 11 – The price

Article 12 – Performance and additional guarantee

Article 12 – Service and additional guarantee

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

1. Ancillary contract: a contract in which the consumer acquires products, digital content and/or services related to a distance contract and these items, digital content and/or services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer:the natural person not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract for the regular supply of goods, services and/or digital content for a defined period of time
7. Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that permits the unchanged reproduction of the stored information.
8. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the agreement, exclusive or partial use is made of one or more means of distance communication.
11. Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions. Attachment I need not be made available if the consumer does not have a right of withdrawal in respect of his order;
12. Remote communication technology:: means that can be used for concluding an agreement, without the consumer and trader having to be together in the same room at the same time

Article 2 – Identity of the entrepreneur

QueenyDollsEmpire

1074EB Amsterdam

Ceintuurbaan 422H

Phone number: +31 623990380

E-mailadres: info@queenydollsempire.com

Company-number: 78209137

VAT identification number: NL003302422B45

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and consumers.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the trader’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.
3. 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to him.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content on offer. 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 attached to the acceptance of the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, the trader shall confirm receipt of acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to this end.
4. The entrepreneur may – within legal frameworks – inform himself 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, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5. The trader will include the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content to the consumer:
   a. the business address of the entrepreneur’s establishment where the consumer can submit complaints
   b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
   c. the information about warranties and existing service after purchase;
   d. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract
   e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration
   f. if the consumer has a right of withdrawal, the withdrawal return form.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may terminate an agreement relating to the purchase of a product within a cooling-off period of at least 14 days without stating any reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not require the consumer to provide such reason(s).
2. The cooling-off period referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated in advance by the consumer, other than 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 the consumer, has received the last product. The entrepreneur may refuse an order consisting of multiple products with different delivery times, provided that the consumer has been clearly informed of this prior to the ordering process.
   b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
   c. for 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.

   For services and digital content not delivered on a tangible medium:
   

3. The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The operator may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
4. The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Verlengde bedenktijd voor producten, diensten en digitale inhoud die niet op een materiële drager is geleverd bij niet informeren over herroepingsrecht:
5. Indien de ondernemer de consument de wettelijk verplichte informatie over het herroepingsrecht of het modelformulier voor herroeping niet heeft verstrekt, loopt de bedenktijd af twaalf maanden na het einde van de oorspronkelijke, overeenkomstig de vorige leden van dit artikel vastgestelde bedenktijd.

6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within 12 months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

1. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer shall only be liable for diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he notifies the entrepreneur within the reflection period through a written message/email.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product in its original packaging, in good condition, free from signs of use such as stains, skin flakes, human or animal hair, or bodily fluids, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product and must prove that the delivered items were returned, for example, by means of proof of shipment. If the trader has not notified the consumer that the consumer must bear these costs or if the trader indicates that he or she will bear the costs himself or herself, the consumer does not have to bear the return costs.
6. If the consumer exercises his right of withdrawal, all ancillary contracts are dissolved by operation of law.
7. If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal within the period referred to in paragraph 2, or has failed to return the product to the entrepreneur, the purchase shall be deemed final.

Article 9 – Obligations of the entrepreneur in case of withdrawal

1. If the trader enables the consumer’s notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.
2. If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after receipt of the returned product
3. For reimbursement, the entrepreneur uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge to the consumer.

Article 10 – Exclusion of right of withdrawal

The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur stated this clearly in the offer, at least in time for the conclusion of the contract:

1. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
2. Fajas manufactured according to the consumer’s specifications, including SCM Fajas produced based on measurements provided by the consumer. These products have a clearly personalized nature and cannot be returned or exchanged.

3. Fajas and products that have been visibly damaged as a result of improper use, including wearing an incorrect size that is too small, resulting in excessive compression. If a Faja has been selected in a size that is too small and, as a result, shows tears, loose seams, deformation, or other defects caused by excessive tension or stretching, the product cannot be returned.

4. The consumer is solely responsible for correctly measuring their waist and hip circumference and selecting the appropriate size according to the indicated size chart. In case of doubt, we recommend contacting us in advance for sizing advice.

5. Products that, after use, are found to be unhygienic (such as products containing stains, body odors, or hair) are excluded from return for hygiene reasons.

Article 11 – The price

1. The stated prices of the products include VAT and exclude shipping costs, unless otherwise stated.
2. All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of printing or typographical errors. In the event of printing or typographical errors, the entrepreneur shall not be obliged to supply the product at the incorrect price
3. A discount code is personal, may be used only once, and is valid for a period of twelve (12) months from the date of issue..

Article 12 – fulfillment of agreement and warranty

1. The entrepreneur warrants 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 statutory provisions and/or government regulations existing on the date the agreement is concluded. If agreed upon, the entrepreneur also warrants that the product is suitable for purposes other than normal use.
2. A guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. Guarantee means any commitment by the entrepreneur, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in case it has failed to fulfill its part of the agreement.

4. Any defects or incorrectly delivered products must be reported to the entrepreneur within 48 hours of receipt. The notification may be submitted by email or WhatsApp message and must include clear evidence, for example by attaching photographs.

5. The product must subsequently be returned in its original packaging and in an unused, new condition.

6. Notifications submitted outside the stipulated 48-hour period may no longer be considered, unless there is a demonstrable hidden defect.

7. The warranty does not apply if:
   a. The consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
   b. The delivered products have been exposed to abnormal conditions or have otherwise been handled negligently, or have been used in a manner contrary to the entrepreneur’s instructions and/or the instructions stated on the packaging;
   c. The defectiveness is wholly or partly the result of regulations imposed or to be imposed by governmental authorities regarding the nature or quality of the materials used.

Article 12 – Service and additional guarantee

1. Article 12 – Service and additional guarantee

   1. The entrepreneur shall exercise the greatest possible care in receiving and processing orders for products.

   2. The place of delivery is the address that the consumer has made known to the entrepreneur. The consumer is responsible for providing accurate and complete address details.

   3. The entrepreneur shall process accepted orders with due diligence and without undue delay. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed thereof as soon as possible after the order has been placed.

   4. If a product is ordered as a backorder (pre-order), this will be clearly indicated during the ordering process. The product will be delivered as soon as it becomes available again and will be shipped as soon as possible. The consumer will be informed accordingly, including the estimated delivery time.

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

   6. Indien een bestelling volgens de informatie van de vervoerder is bezorgd, wordt de levering geacht correct te zijn voltooid.

   7. If the consumer states that an order has not been received, while according to the carrier it has been shipped and delivered, the entrepreneur shall initiate an investigation with the carrier regarding the location of the package. During the course of this investigation, the consumer shall not be entitled to a refund, replacement delivery, or any other form of compensation.

   8. Only if the carrier confirms in writing that the package has been definitively lost prior to delivery, the entrepreneur shall, at its sole discretion, either refund the amount paid by the consumer or resend the product.

   9. The entrepreneur shall not be liable for the non-receipt of orders resulting from incorrect or incomplete address details provided by the consumer.

Article 14 – Complaints Procedure

1. QueenyDollsEmpire makes every effort to provide high-quality products and services. However, if the consumer has a complaint regarding a product or the services provided, we kindly request that such complaint be submitted as soon as possible, but no later than 7 days after it has been identified.

2. Complaints must be submitted in a complete and clearly described manner via email.(info@queenydollsempire.com) or WhatsApp. Please include relevant information, such as the order number and, where applicable, clear photographs of the issue.

3. The consumer will receive a substantive response no later than 5 working days after receipt of the complaint. If the handling of a complaint requires more time, the consumer will receive an acknowledgment of receipt within 5 working days, including an indication of when a full response can be expected.
   If a complaint is found to be justified, QueenyDollsEmpire shall, at its own expense, repair or replace the product, depending on the nature of the complaint and in consultation with the consumer.
   If the consumer and QueenyDollsEmpire are unable to reach a mutual resolution, the consumer has the right to submit the complaint to the dispute resolution committee through the European ODR platform:
   https://ec.europa.eu/consumers/odr

Article 15 – Disputes
These terms and conditions and any agreements between the entrepreneur and the consumer to which these terms and conditions apply shall be governed exclusively by the laws of the Netherlands.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.