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Terms of service

Article 1 – Definitions

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

Withdrawal period: the period within which the consumer may exercise their right of withdrawal.
Consumer: any natural person who is not acting in the course of a professional or commercial activity and who enters into a distance contract with the entrepreneur.
Day: a calendar day.
Ongoing 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.
Durable medium: 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.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the withdrawal period.
Entrepreneur: any natural or legal person who offers products and/or services remotely to consumers.
Distance contract: a contract concluded as part of a system organized by the entrepreneur for remote sales of products and/or services, where exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: any means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same space.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Business name: PLSHR
Email address: info@missmusefashion.com

Registered business information (including address, Chamber of Commerce number, and VAT number) available upon request.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to any distance contract and order 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, it will be indicated before the conclusion of the distance contract that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, and contrary to the previous paragraph, the text of these general terms and conditions may be made available electronically in such a way that the consumer can store them easily on a durable medium. If this is not reasonably possible, the consumer will be informed before concluding the distance contract where the general terms and conditions can be accessed electronically and that they will be sent free of charge, electronically or otherwise, upon 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 most favorable provision in the event of conflicting conditions.

If one or more provisions of these general terms and conditions are null or void, the contract and the remaining provisions of these terms shall remain in force. The invalid provision will be replaced by a provision that reflects the original intent as closely as possible.

Situations not covered by these general terms and conditions must be assessed in the spirit of these terms.

Ambiguities regarding the interpretation or content of one or more provisions of these terms should be interpreted in accordance with their intent.

Article 4 – The Offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right to modify or adjust the offer.

The offer includes 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 the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious or manifest errors in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract.

Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes in particular:

  • The price, excluding customs duties and import VAT. These additional costs are borne and at the risk of the customer. Postal and/or courier services apply specific regulations for postal or courier shipments for importing goods into the destination country within the EU. These services collect VAT (possibly with clearance fees) from the recipient of the goods;

  • Any delivery costs;

  • The manner in which the agreement will be concluded and what actions are necessary;

  • 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 the entrepreneur guarantees the price;

  • The cost of using means of distance communication, if calculated on a basis other than the basic rate;

  • Whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;

  • The manner in which the consumer can check and, if necessary, correct the information provided under the agreement;

  • The possible other languages in which the agreement can be concluded, besides Dutch;

  • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically;

  • The minimum duration of the distance contract in case of an ongoing transaction.

Optional: sizes, colors, and types of available materials.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and meets the stipulated conditions.

If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.

If the contract is concluded electronically, the entrepreneur 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, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal frameworks, gather information about the consumer's ability to meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request or to attach special conditions to its execution.

The entrepreneur will send the following information to the consumer, in writing or in a way that allows it to be stored on a durable medium, upon delivery of the product or service:

  • The physical address of the entrepreneur’s business location where the consumer can address complaints;

  • The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement excluding the right of withdrawal;

  • Information about existing after-sales service and warranties;

  • The data referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the contract;

  • The conditions for terminating the agreement if the contract has a duration of more than one year or is indefinite.

In case of a continuing performance contract, the provision of the previous paragraph applies only to the first delivery.

Any contract is entered into under the condition of sufficient availability of the products in question.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract within 30 days without providing any reason. This reflection period begins on the day following receipt of the product by the consumer or a third party designated by the consumer and known to the entrepreneur.

During the reflection period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, the product shall be returned to the entrepreneur with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with the entrepreneur’s reasonable and clear instructions.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product, in writing or by email. Once this intention has been expressed, the consumer must return the product within 30 days. The consumer must be able to prove that the product has been returned on time, for example, by providing proof of shipment.

If the consumer has not notified their intention to use the right of withdrawal or has not returned the product within the time limits mentioned in paragraphs 2 and 3, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the products shall be borne by the consumer.

If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is conditional on the prior receipt of the product by the entrepreneur or conclusive proof of full return shipment.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3. This exclusion is only valid if it was clearly stated in the offer or at least before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

  • Made to the consumer’s specifications;

  • That are clearly personal in nature;

  • That cannot be returned due to their nature;

  • That can spoil or age rapidly;

  • Whose price is subject to market fluctuations over which the entrepreneur has no control;

  • That are single issues of newspapers and magazines;

  • That are audio, video, or computer software sealed by the consumer;

  • That are hygienic products sealed by the consumer.

The right of withdrawal may also be excluded for services:

  • Related to accommodation, transportation, catering, or leisure activities on a specific date or period;

  • That have begun, with the express consent of the consumer, before the withdrawal period has ended;

  • Related to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services will not be increased, except for changes in VAT rates.

By way of exception, the entrepreneur may offer products or services at variable prices if these are subject to fluctuations on the financial market beyond the entrepreneur’s control. This susceptibility to fluctuations and the fact that the listed prices are target prices will be stated in the offer.

Price increases within 3 months after concluding the contract are only allowed if they result from legal or regulatory provisions.

Price increases more than 3 months after concluding the contract are only allowed if:

  • They result from legal or regulatory provisions; or

  • The consumer has the right to terminate the contract from the day the price increase takes effect.

The place of delivery is determined according to Article 5(1) of the Dutch Turnover Tax Act 1968, which states that the delivery takes place in the country where the transport begins. In this case, delivery takes place outside the EU. Therefore, import charges, including VAT and customs duties, will be collected from the recipient by the postal or courier service. The entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of such errors. In case of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can enforce against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is not responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products or has had them repaired and/or modified by third parties;

  • The delivered products have been exposed to abnormal conditions or handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;

  • The defect is wholly or partly the result of regulations imposed or to be imposed by the authorities regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care in receiving and executing product orders.

The place of delivery is the address that the consumer has provided to the entrepreneur.

With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly, but no later than 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract free of charge and may be entitled to compensation.

In case of termination under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after termination.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. Replacement items are not excluded from the right of withdrawal. The return costs are borne by the entrepreneur.

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 expressly agreed otherwise.

Article 12 – Long-Term Contracts: Duration, Termination, and Renewal

Termination

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

The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

For the contracts mentioned above, the consumer may:

  • Terminate at any time and not be restricted to termination at a specific time or during a specific period;

  • Terminate using the same method used to enter into the contract;

  • Terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term contract for the regular delivery of products or services may not be automatically renewed or extended for a specific term.

By way of exception, a fixed-term contract for the regular delivery of newspapers, magazines, or periodicals may be automatically renewed for a maximum of three months, provided the consumer may terminate this extended contract at the end of the extension with a notice period of no more than one month.

A fixed-term contract for the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, or no more than three months if the contract concerns the regular but less than monthly delivery of newspapers, magazines, or periodicals.

A limited trial or introductory subscription for newspapers, magazines, or periodicals is not automatically renewed and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless early termination is unreasonable and unfair.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6(1). In the case of a service agreement, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.

If the consumer does not meet their payment obligation(s) in time, the entrepreneur is entitled, subject to legal limitations, to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has identified the defects, with a complete and clear description.

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

If a complaint cannot be resolved in mutual consultation, it will result in a dispute subject to dispute resolution.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

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