Terms and Conditions

Welcome to Petite Discrete!

At Petite Discrete, our goal is to provide you with a delightful shopping experience. We strive to make your online shopping experience as seamless as possible, and for that reason, we have established some terms and conditions that apply to your order.

In these terms and conditions, you, the customer, are referred to as the consumer. For convenience, we use the female form, but wherever "she" is mentioned, it also includes "he" or "they."

Please note that these terms and conditions apply to consumers. If you are not a consumer but are interested in collaborating with us, please contact us using the contact information provided below.

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 - Costs in case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Payment
Article 13 - Complaints Procedure
Article 14 - Disputes

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Additional Agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.
2. Cooling-off Period: the period during which the consumer can exercise their right of withdrawal.
3. Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.
4. Day: calendar day
5. Digital Content: data produced and supplied in digital form.
6. Long-Term Agreement: an agreement that relates to the regular delivery of goods, services, and/or digital content over a certain period.
7. Return Form: the withdrawal form provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
8. Durable Medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
9. Right of Withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period.
10. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
11. Distance Contract: a contract concluded within the framework of an organized system for distance selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively using one or more means of distance communication.
12. Means of Distance Communication: a means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same space.

Article 2 - Identity of the Entrepreneur

Name of Entrepreneur: R. Mommers

Registered Address:
'T Zakje 8
2011 EH Haarlem
The Netherlands

Email Address: info@petitediscrete.com
Chamber of Commerce (KvK) Number: 85341177 0000
VAT Identification Number: NL004084235B11

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 the consumer.
2. Before the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the conclusion of the distance contract, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium.If this is not reasonably possible, before the conclusion of the distance contract, it shall be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request, either electronically or in another manner.
4. In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the provision that is most favorable to him in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these conditions shall remain in force for the remainder, and the relevant provision shall be replaced by a provision that approximates the purport of the original provision as closely as possible, in mutual consultation.
6. Matters not regulated in these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - The Offer

1. 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.
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 the entrepreneur uses images, they represent the products and/or services truthfully.
   The entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products. Obvious mistakes or errors in the offer do not bind the entrepreneur.
   All images, specifications, and data in the offer are indicative and cannot give rise to any compensation or dissolution of the agreement.
3. Each offer contains information such that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This includes in particular:
   1. The price including taxes;
   2. Any shipping costs;
   3. The manner in which the agreement will be concluded and the actions necessary for this;
   4. The applicability or non-applicability of the right of withdrawal;
   5. The method of payment, delivery, and execution of the agreement;
   6. The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
   7. The amount of the rate for remote communication if the costs of using remote communication technology are
   8. calculated on a basis other than the regular base rate for the communication method used;
   9. Whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
   10. How the consumer can verify and, if desired, correct the data provided by him in the context of the agreement, before its conclusion;
   11. Any other languages in which the agreement can be concluded in addition to Dutch;
   12. The codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically.

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the stated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur promptly confirms receipt of the acceptance of the offer by electronic means. 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 organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make electronic payments, the entrepreneur shall take appropriate security measures for this purpose.
4. Within the legal framework, the entrepreneur can ascertain whether the consumer can meet his payment obligations, as well as any facts and factors that are relevant for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, it is entitled to refuse an order or request, or to attach special conditions to the execution thereof, providing reasons for doing so.
5. The entrepreneur shall include the following information, digitally and/or in writing, with the product or service provided to the consumer:
   1. The email address of the company where the consumer can address complaints;
   2. The conditions and methods for the consumer to exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   3. Information about warranties and existing after-sales service;
   4. The data included in Article 4 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement.

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

Artikel 6 - Right of Withdrawal

1. In the purchase of products, the consumer has the option to dissolve the agreement without stating any reasons within 30 days. This cooling-off period starts on the day the consumer or a designated representative, notified in advance to the entrepreneur, receives the product.
2. During the cooling-off period, the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it.
   If the consumer decides to exercise their right of withdrawal, they shall return the product to the entrepreneur, along with all accessories provided and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. The consumer is obligated to notify the entrepreneur of their decision to exercise the right of withdrawal within 30 days after receiving the product. The notification must be made by using the return form.
   Once the consumer has notified their intention to exercise the right of withdrawal, they must return the product within 30 days. The consumer must provide evidence that the goods have been returned in a timely manner, for example, by providing proof of shipment.
4. If the customer has not notified their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur within the timeframes mentioned in paragraph 3, the purchase is considered final and cannot be revoked.

Article 7 - Costs in the Event of Withdrawal

If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal.
The consumer may first demand fulfillment of the obligation of the entrepreneur to refund any amounts already paid, after the entrepreneur has received the product or the consumer has demonstrated that they have returned the goods, whichever occurs first.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for specified products if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:
a. that have been customized according to the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature.

Article 9 - The Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are tied to fluctuations in the financial market and over which the entrepreneur has no influence. The fact that prices may be indicative and subject to fluctuations will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   1. they are the result of legal regulations or provisions; or
   2. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 10 - Conformity and Warranty

1. The entrepreneur ensures 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 existing on the date of the conclusion of the agreement.
   If agreed, the entrepreneur also ensures that the product is suitable for use other than normal use.
2. An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer does not limit the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement, in case the entrepreneur has failed to fulfill his part of the agreement.
3. The entrepreneur is not responsible for the suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
4. The warrenty does not apply if:
   1. The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
   2. The delivered products have been exposed to abnormal conditions or have been handled carelessly or in violation of the instructions provided by the entrepreneur and/or the packaging instructions;
   3. The defectiveness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Artikel 11 - Delivery and Execution

1. The entrepreneur shall exercise the utmost care when receiving orders for products and when assessing requests for the provision of services, as well as during the execution of such orders and requests.
2. The place of delivery is the address that the consumer has provided to the company.
3. Subject to the provisions of Article 4 of these general terms and conditions, the company shall fulfill accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period.
   If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer shall be notified within 30 days after placing the order.
   In such cases, the consumer has the right to dissolve the agreement without any costs and is entitled to any compensation for damages.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days after the dissolution.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative notified to the entrepreneur in advance, unless explicitly agreed otherwise.

Article 12 - Payment

Unless otherwise agreed in the agreement or additional conditions, the amounts owed by the consumer must be paid within 30 days after the start of the cooling-off period, or if there is no cooling-off period, within 30 days after the conclusion of the agreement.

In the sale of products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. If an advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.

The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.

If the consumer fails to fulfill their payment obligation(s) in a timely manner, and after the entrepreneur has informed the consumer of the late payment and granted a period of 30 days to fulfill the payment obligations, payment remains outstanding within this 30-day period, the consumer shall owe the statutory interest on the remaining amount and the entrepreneur shall be entitled to charge the extrajudicial collection costs incurred in accordance with the Decree on Compensation for Extrajudicial Collection Costs. This means an increase of 15% in extrajudicial collection costs on the outstanding principal sum up to €2,500.

Artikel 13 - Complaints Procedure

1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
   Complaints about the performance of the agreement must be submitted to the entrepreneur in a complete and clearly described manner within 7 days after the consumer has discovered the defects.
2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.
3. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the initiation of proceedings before the competent court.

Article 14 - Disputes

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. The Dutch court has jurisdiction to hear any disputes that may arise in connection with the agreement.