Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following terms are defined as:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous contract: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;

Durable medium: any means that allows the consumer or entrepreneur to store information addressed personally to him, in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, where, up until the conclusion of the contract, only one or more remote communication techniques are used;

Remote communication technique: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name: Bully Webshop

Chamber of Commerce number: 78076447

Trade name: Vance Fashion

VAT number: NL003281500B66

Customer service email: info@vancefashiontoronto.ca

Business address: Box C9686 Verdunplein 17 , 5627SZ Eindhoven, Nederland

Article 3 – Applicability

These general terms and conditions apply to every offer by the entrepreneur and to every concluded distance agreement and order 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 reasonably not possible, it will be stated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can, deviating from the previous paragraph, be made available to the consumer electronically in such a way that it can easily be stored by the consumer on a durable medium. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be electronically accessed and that they will be sent to the consumer free of charge either electronically or in another way upon request.

In the case that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs will also apply, and in the case of conflicting terms, the consumer can always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time declared null and void or voided, the agreement and these conditions will remain in effect for the remainder, and the relevant provision will be replaced by a provision that approximates the original intent as closely as possible by mutual agreement.

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

Uncertainties regarding the interpretation or content of one or more provisions of our terms should be explained 'in 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 is entitled to modify and adjust the offer.

The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot serve as a basis for compensation or cancellation of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.

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

the price, excluding clearance costs and import VAT. These additional costs will be borne by the customer. The post and/or courier service will use the special arrangement for post and courier services regarding imports, which applies when goods are imported into the EU country of destination, as is the case here. The post or courier service collects VAT (and any customs clearance charges) from the recipient of the goods;
the possible shipping costs;
the manner in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the communication rate for remote communication if the costs of using the remote communication technique are based on something other than the regular basic rate for the communication method used; whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;
how the consumer can check and, if desired, correct the information provided by them in the context of the agreement before concluding the agreement;
the other languages in which, in addition to English, the agreement can be concluded;
the codes of conduct the entrepreneur adheres to and how the consumer can access these codes of conduct electronically;
the minimum duration of the distance agreement in the case of a continuous contract.

Optional: available sizes, colors, material types.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.

If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer without delay via electronic means. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can make payments electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may – within legal limits – ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to conclude the agreement, they are entitled to refuse an order or request, or to attach special conditions to the execution.

The entrepreneur will, at the product or service provided to the consumer, send the following information in writing or in such a way that the consumer can easily store it on a durable medium:

the visiting address of the entrepreneur’s establishment where the consumer can address complaints;
the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information on warranties and after-sales service;
the data listed in Article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for the cancellation of the agreement if the agreement lasts for more than one year or for an indefinite period.

In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 30 days. This cooling-off period starts the day after the consumer receives the product or a representative appointed by the consumer, known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product as far as necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories, and if reasonably possible, in the original condition and packaging, according to the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 30 days after receiving the product. The consumer must notify the entrepreneur by written notice/email. After the consumer has notified the entrepreneur that they wish to exercise their right of withdrawal, the product must be returned within 30 days. The consumer must prove that the delivered goods have been returned to the origin point in time. This can also be directly to our supplier in China. The customer can do this, for example, with proof of shipment.

If the customer has not notified the entrepreneur within the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase becomes final.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products is entirely for the consumer’s account. Bear in mind that this also includes the return to the country of origin, our supplier in China.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal, provided the product has been returned or conclusive proof of the return shipment is provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly mentioned this in the offer, at least in time before the agreement was concluded.

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

that have been made by the entrepreneur according to the consumer’s specifications;
that are clearly personal in nature;
that, by their nature, cannot be returned;
that can spoil or age quickly;
whose price is dependent on fluctuations in the financial market, which the entrepreneur cannot control;
for single newspapers and magazines;
for audio and video recordings and computer software that the consumer has broken the seal on;
for hygiene products where the consumer has broken the seal.

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

regarding accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
for which delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
regarding bets and lotteries.

Article 9 – The price

During the validity period of the offer, the prices of the offered products and/or services will not increase, except for price changes due to changes in VAT rates.

Deviating from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and which the entrepreneur cannot control, with variable prices. This linkage to fluctuations and the fact that the prices mentioned are indicative, will be stated in the offer.

Price increases within 3 months after the agreement has been concluded are only allowed if they are the result of legal regulations or provisions.

Price increases after 3 months of the agreement's conclusion are only allowed if the entrepreneur has agreed to this and:

they are the result of legal regulations or provisions; or
the consumer has the right to cancel the agreement as of the day the price increase takes effect.

The place of delivery, based on Article 5, paragraph 1, of the Sales Tax Act 1968, is the country where the transport begins. In this case, the delivery occurs outside the EU. Consequently, the post or courier service will collect import VAT or clearance costs from the recipient of the goods. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. The entrepreneur is not liable for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obligated 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, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations existing at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights and claims based on the agreement against the entrepreneur.

Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The return of products should be made in the original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer or 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 themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or against the entrepreneur's instructions and/or the treatment indicated on the packaging;
The defect is entirely or partly the result of government regulations regarding the nature or quality of the applied materials.

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.

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

Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders as quickly as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer will be notified within 30 days of placing the order. In such a case, the consumer has the right to cancel the agreement without any costs and is entitled to any damage compensation.

If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a substitute item. At the latest, when the delivery is made, it will be clearly and understandably communicated that a substitute item will be delivered. For substitute items, the right of withdrawal cannot be excluded. The cost of any return shipment is the responsibility of 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 designated by the consumer, unless expressly agreed otherwise.

Article 12 – Duration contracts: duration, cancellation, and extension

Cancellation

The consumer can cancel an agreement entered into for an indefinite period that relates to the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a maximum notice period of one month.

The consumer can cancel an agreement entered into for a definite period that relates to the regular delivery of products (including electricity) or services at any time before the end of the specified period, subject to the agreed cancellation rules and a maximum notice period of one month.

The consumer may cancel the agreements mentioned in the previous paragraphs:

At any time and is not restricted to cancellation at a specific time or within a specific period;
At least in the same way as the agreement was entered into;
Always with the same notice period as the entrepreneur has set for themselves.

Extension

An agreement entered into for a definite period that relates to the regular delivery of products (including electricity) or services may not be silently extended or renewed for a fixed period.

An agreement entered into for a definite period that relates to the regular delivery of daily newspapers, weekly newspapers, and magazines may, however, be silently extended for a fixed period of up to three months, provided the consumer can cancel the extended agreement at the end of the extension period with a notice period of no more than one month.

An agreement entered into for a definite period that relates to the regular delivery of products or services may only be silently extended for an indefinite period if the consumer can cancel it at any time with a notice period of no more than one month, and a maximum notice period of three months if the agreement relates to the regular delivery of daily newspapers, weekly newspapers, and magazines, but less than once a month.

A limited-duration agreement for the regular delivery of daily newspapers, weekly newspapers, and magazines (trial or introductory subscription) will not be silently continued and will end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period 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.

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

In the event of late payment by the consumer, the entrepreneur, unless prohibited by law, is entitled to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints procedure

Complaints about the execution of the agreement must be submitted fully and clearly to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires foreseeable additional processing time, the entrepreneur will acknowledge receipt of the complaint within 30 days and indicate when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

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

If a complaint is deemed valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.