Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with Miss Towels™;
  3. Dag: calendar day;
  4. Ongoing transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
  6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  7. Miss Towels™: the natural or legal person offering products and/or services to consumers via distance selling;
  8. Distance contract: a contract concluded within the framework of a system organized by Miss Towels™ for the distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
  9. Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time.

 

Article 2 - Identity of Miss Towels™

COMPANY NAME: Miss Towels

ADDRESS: Dokweg 33B, IJmuiden

KVK: 

VAT NUMBER: 

 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by Miss Towels™ and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded that the terms and conditions can be viewed at Miss Towels™ and will be sent free of charge upon request.
  3. If the distance contract is concluded electronically, then - by way of derogation from the previous paragraph and prior to the conclusion of the contract - 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, it will be indicated, prior to the conclusion of the distance contract, where the general terms and conditions can be accessed electronically and that they will be provided to the consumer free of charge, either electronically or by other means, upon request.
  4. If, in addition to these general terms and conditions, specific product or service terms also apply, the provisions of the second and third paragraphs shall apply accordingly. In the event of conflicting terms and conditions, the consumer may always rely on the provision that is most favorable to them.
  5. Situations not covered by these general terms and conditions will be assessed on a case-by-case basis.
  6. In the event of any ambiguity regarding these terms and conditions, the consumer is advised to contact Miss Towels™.
  7. If one or more provisions of these terms and conditions are found to be invalid or are declared void by a court, this shall only affect the specific provision concerned and not the validity of the entire terms and conditions.

 

 

 

Article 4 - The Offer

  1. If an offer has a limited period of validity or is subject to specific 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 enable the consumer to make a proper assessment of the offer. If Miss Towels™ uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on Miss Towels™, and Miss Towels™ is therefore not obliged to supply such products.
  3. 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 includes, in particular:
  •     the price, including taxes;
  •     any delivery costs;
  •     the manner in which the agreement will be concluded and the actions required for this;
  •     whether or not the right of withdrawal applies;
  •     the method of payment, delivery, and performance of the agreement;
  •      the period for accepting the offer, or the period during which Miss Towels™ guarantees the price;
  •      the cost of means of distance communication, if these are calculated on a basis other than the regular basic rate for the communication method used;
  •      whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
  •      the way in which the consumer can review and, if necessary, correct the information provided in the context of the agreement before it is concluded;
  •      any other languages in which the agreement may be concluded, in addition to Dutch;
  •      the codes of conduct to which Miss Towels™ is subject and how the consumer can consult these electronically; and
  •      the minimum duration of the distance contract in the case of an ongoing transaction.
  •      All images shown in the webshop are for illustrative purposes only and do not give rise to any right to compensation or termination of the agreement.
  •      Images of products are a truthful representation of the items offered; however, Miss Towels™ cannot guarantee that the colors displayed exactly match the actual colors of the products.

 

Article 5 - The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions. The customer has the option to pay for the order either in advance or after delivery.
  2. If the consumer has accepted the offer electronically, Miss Towels™ will promptly confirm receipt of the acceptance by electronic means. As long as receipt of this acceptance has not been confirmed by Miss Towels™, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, Miss Towels™ will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure online environment. Where the consumer is able to pay electronically, Miss Towels™ will observe appropriate security measures.
  4. Within the limits of the law, Miss Towels™ may verify whether the consumer can meet their payment obligations, as well as assess all relevant facts and factors necessary for responsibly entering into the distance contract. If, based on this assessment, Miss Towels™ has valid grounds not to enter into the agreement, it is entitled to refuse an order or request, or to attach special conditions to its execution, with proper justification.
  5. Miss Towels™ reserves the right to refuse or cancel an order within 14 days of placement.
  6. The agreement is concluded subject to the suspensive condition of sufficient availability of the ordered product(s).
  7. Miss Towels™ will provide the consumer, in writing or in such a way that the information can be stored on a durable data carrier in an accessible manner, with the following information together with the product or service:
  8. the visiting address of the Miss Towels™ establishment where the consumer can submit complaints;
  9. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of this right;
  10. information on warranties and after-sales services;
  11. the information included in Article 4, paragraph 3 of these terms, unless already provided prior to the execution of the agreement;
  12. the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
  13. In the case of an ongoing transaction, the provisions of the previous paragraph apply only to the first delivery.

 

Article 6 - Right of Withdrawal

  1. Upon the purchase of products, the consumer has the right to withdraw from the agreement without giving any reason within a period of 14 days. This withdrawal period commences on the day after the consumer, or a representative designated in advance by the consumer and made known to Miss Towels™, has received all products.
  2. The right of withdrawal does not apply to customized products (e.g. Design Your Own products).
  3. During the withdrawal period, the consumer shall handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If the consumer exercises their right of withdrawal, they shall return the product, including all supplied accessories and - where reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by Miss Towels™.
  4. The consumer must inform Miss Towels™ if they wish to exercise the right of withdrawal. This can be done via telephone, email, or by using the withdrawal form included with the return shipment.
  5. The consumer is required to notify Miss Towels™ within 14 days of receiving all products that they wish to exercise their right of withdrawal. After this notification, the consumer has an additional 14 days to return the product.
  6. If the consumer does not exercise the right of withdrawal within the specified period, the purchase shall be considered final.
  7. Products can be returned to: 

Miss Towels

Dokweg 33B, 

1976 CA IJmuiden, The Netherlands

 

  1. When returning a product, the consumer bears full responsibility for the shipment. The consumer is responsible for ensuring a proper return, including the use of a track & trace code.

 

Article 7 - Costs in Case of Withdrawal

  1. If the consumer exercises their right of withdrawal, the costs of returning the product shall be borne by the consumer. These costs are generally €6.95 within the Netherlands (PostNL) and €5.95 in Belgium (BPost). For the most up-to-date rates, the consumer should consult the respective courier websites.
  2. If the consumer has made a payment, Miss Towels™ will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal has been received.

Article 8 - Exclusion of the Right of Withdrawal

  1. Miss Towels™ may exclude the consumer’s right of withdrawal insofar as permitted under paragraphs 2 and 3. Such exclusion shall only apply if Miss Towels™ has clearly stated this in the offer, or at least in good time prior to the conclusion of the agreement.
  2. The right of withdrawal may only be excluded for products:
  3. that have been made by Miss Towels™ in accordance with the consumer’s specifications;
  4. that are clearly of a personal nature;
  5. that show visible signs of use.

 

Article 9 - Pricing

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. By way of exception to the previous paragraph, Miss Towels™ may offer products or services with variable prices if these are subject to fluctuations in the financial market over which Miss Towels™ has no control. The fact that prices are subject to such fluctuations and that any prices stated are indicative will be clearly specified in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if Miss Towels™ has stipulated this and:
  5. they result from statutory regulations or provisions; or
  6. the consumer has the right to terminate the agreement with effect from the date on which the price increase takes effect.
  7. All taxes, duties, and levies of any kind, whether currently imposed or imposed in the future by the government, either directly or indirectly, in connection with the sale or transport of the goods, shall be borne by the customer.

 

Article 10 - Conformity and Warranty

  1. Miss Towels™ warrants 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 at the time the agreement is concluded. If agreed, Miss Towels™ also warrants that the product is suitable for uses other than normal use.
  2. Miss Towels™ provides a 12-month warranty covering manufacturing defects and other deficiencies. If the consumer discovers a defect, they may contact Miss Towels™ via email at info@misstowels.nl, after which the defective part or the entire product will be replaced.
  3. Upon receipt of the products, the customer must immediately inspect the order and the delivered items. In the event of an incorrectly delivered, defective, or incomplete product, the customer must report this without delay and within a period of 7 days.
  4. The warranty does not apply to damage caused by the customer, including but not limited to scratches, breakage, or improper use. The warranty will also be void if the customer has attempted to repair the product themselves.

 

Article 11 - Delivery and Performance

  1. Miss Towels™ shall exercise the utmost care when receiving and processing orders for products and when assessing requests for services.
  2. The place of delivery shall be the address provided by the consumer to Miss Towels™. The customer is responsible for any changes to their name, address, and contact details.
  3. Subject to the provisions stated in Article 4 of these general terms and conditions, Miss Towels™ will execute accepted orders with due speed, but no later than within 3 working days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed within 3 days of placing the order. In such cases, the consumer has the right to withdraw from the agreement free of charge and may be entitled to compensation.
  4. In the event of withdrawal in accordance with the previous paragraph, Miss Towels™ will refund the amount paid by the consumer as soon as possible, but no later than 30 days after withdrawal.
  5. If delivery of an ordered product proves impossible, Miss Towels™ will make reasonable efforts to provide a replacement item. The consumer will be clearly and comprehensibly informed of this at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment shall be borne by Miss Towels™.
  6. The risk of damage to or loss of products remains with Miss Towels™ until the moment of delivery to the consumer or to a representative designated in advance and made known to Miss Towels™, unless explicitly agreed otherwise.
  7. Exceeding a delivery period does not entitle the customer to compensation.
  8. If an order consists of multiple products and one or more items are out of stock, Miss Towels™ will delay shipment until all products can be dispatched together.

 

Article 12 - Payment

  1. Unless otherwise agreed, in the case of payment after delivery, the amounts owed by the consumer must be paid within 14 days after the commencement of the withdrawal period as referred to in Article 6(1). In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.
  2. The consumer is obliged to report any inaccuracies in provided or stated payment details to Miss Towels™ without delay.
  3. In the event of non-payment by the consumer, Miss Towels™ is entitled - subject to statutory limitations - to charge the reasonable costs that have been communicated to the consumer in advance.
  4. Certain payment methods, such as iDEAL, may be subject to additional terms and conditions imposed by the respective providers. Miss Towels™ has no control over the content of these terms.
  5. Business Customers: For sales to business customers, unless otherwise agreed in writing, payment must be made within 30 days from the invoice date, without any deduction or set-off. If payment is not made within this period (or any other agreed term), the business customer shall owe interest of 2% per calendar month from the date of default, whereby part of a month shall be considered a full month. At the end of each calendar year, the amount on which interest is calculated shall be increased by the interest due for that year. In deviation from Articles 6:43 and 6:44 of the Dutch Civil Code, payments made by the business customer shall first be applied to the oldest outstanding claim. Payments will first be applied to (collection) costs, then to accrued interest, and finally to the principal amount and ongoing interest.
  6. Extrajudicial Collection Costs: If the business customer has not paid within 30 days of the invoice date, the claim will be handed over to a debt collection agency. All costs related to the collection shall be borne by the business customer. From the date of default, the business customer shall also owe extrajudicial collection costs in addition to the principal amount. These costs amount to a minimum of 15% of the total outstanding principal, including VAT and interest, with a minimum of €375. This is in deviation from Article 6:96(5) of the Dutch Civil Code and the Decree on Compensation for Extrajudicial Collection Costs, without prejudice to the right of Miss Towels™ to claim higher costs if it can demonstrate that such costs have been incurred. If Miss Towels™ initiates legal proceedings (including arbitration and binding advice), the business customer shall be liable for all actual costs associated with such proceedings. This includes, but is not limited to, legal fees, attorney fees, and the fees of arbitrators or advisors, even if these exceed any court-awarded costs pursuant to Article 237 and further of the Dutch Code of Civil Procedure. These costs shall be charged to and payable by the business customer as soon as Miss Towels™ engages legal assistance (internal or external) or initiates collection measures, without the need for further proof.

 

Article 13 - Complaints Procedure

  1. Miss Towels™ has a properly communicated complaints procedure and will handle complaints in accordance with this procedure.
  2. Complaints regarding the performance of the agreement must be submitted to Miss Towels™ within a reasonable time after the consumer has identified the issue, and must be described fully and clearly.
  3. Complaints submitted to Miss Towels™ will be responded to within 14 days from the date of receipt. If a complaint requires a longer processing time, Miss Towels™ will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved through mutual consultation, a dispute will arise that is subject to the dispute resolution procedure.
  5. If a complaint is found to be justified, Miss Towels™ will, in consultation with the customer, provide an appropriate solution, such as a refund or a replacement product.
  6. Complaints can be submitted via email or telephone.

 

Article 14 - Disputes

  1. All agreements between Miss Towels™ and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law. This applies even if the consumer resides outside the Netherlands.
  2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
  3. In the event of a dispute, the parties shall first attempt to resolve the matter amicably before submitting it to a competent court.

 

Article 15 - Additional or Deviating Provisions

Any additional provisions or provisions deviating from these general terms and 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. In the event of any discrepancies arising from translations of these terms and conditions, the Dutch version shall prevail.