General Terms and Conditions of Amsterdam Lady
ARTICLE 1 – DEFINITIONS
In these conditions, the following terms have the following meanings:
1.1 Supplementary agreement: an agreement under which 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 agreement between that third party and the entrepreneur.
1.2 Cooling-off period: the period within which the consumer may exercise his right of withdrawal.
1.3 Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or professional activity.
1.4 Day: calendar day.
1.5 Digital content: data produced and delivered in digital form.
1.6 Continuing performance contract: an agreement that extends to the regular supply of goods, services, and/or digital content during a certain period.
1.7 Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to him in a manner that facilitates future consultation or use for a period tailored to the information’s purpose, and which allows unaltered reproduction of the stored information.
1.8 Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period.
1.9 Entrepreneur: the natural or legal person, Amsterdam Lady B.V. trading as Amsterdam Lady, who offers products, (access to) digital content, and/or services remotely to consumers.
1.10 Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby exclusive or joint use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.
1.11 Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal regarding his order.
1.12 Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same place at the same time.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Entrepreneur: Amsterdam Lady B.V.
Trading name: Amsterdam Lady
Website: amsterdamladys.com
Chamber of Commerce number: [KVK Number – to be inserted]
VAT identification number: [VAT Number – to be inserted]
ARTICLE 3 – APPLICABILITY
3.1 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.
3.2 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
3.3 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 medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
3.4 If specific product or service conditions apply in addition to these general terms and conditions, the provisions of paragraphs 2 and 3 apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to him.
ARTICLE 4 – THE OFFER
4.1 If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
4.2 The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If images are used, they are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4.3 Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
ARTICLE 5 – THE AGREEMENT
5.1 Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
5.2 If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
5.3 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
5.4 The entrepreneur may, within legal frameworks, inform himself about the consumer’s ability to meet his payment obligations, as well as all facts and factors relevant for responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.
5.5 The entrepreneur shall send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, at the latest upon delivery of the product, service, or digital content:
a. 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 the right of withdrawal;
b. information about warranties and existing after-sales service;
c. the price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;
d. if the consumer has a right of withdrawal, the model withdrawal form.
5.6 In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
For products:
6.1 The consumer may dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige him to state his reason(s).
6.2 The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer (not being 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 him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
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 agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content not supplied on a tangible medium:
6.3 The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige him to state his reason(s).
6.4 The cooling-off period referred to in paragraph 3 commences on the day after the conclusion of the agreement.
Extended cooling-off period for products, services, and digital content not supplied on a tangible medium if not informed about the right of withdrawal:
6.5 If the entrepreneur has not provided the consumer with the legally required information concerning the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6.6 If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within fourteen days after the commencement date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD
7.1 During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle is that the consumer may only handle and inspect the product as he would be allowed to in a physical store.
7.2 The consumer is only liable for any diminution in the value of the product resulting from handling the product beyond what is permitted in paragraph 1.
7.3 The consumer is not liable for any diminution in the value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND RELATED COSTS
8.1 If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. The consumer is deemed to have observed the return period if he returns the product before the cooling-off period has expired.
8.3 The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
8.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
8.5 The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates he will bear the costs himself, the consumer does not have to bear the costs for return.
8.6 The consumer shall not bear any costs for the (full or partial) delivery of digital content not supplied on a tangible medium if:
a. prior to its delivery, he has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
b. he has not acknowledged that he loses his right of withdrawal when granting his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
8.7 If the consumer exercises his right of withdrawal, all supplementary agreements shall be dissolved by operation of law.
ARTICLE 9 – OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL
9.1 If the entrepreneur makes it possible for the consumer to notify withdrawal by electronic means, he shall immediately send a confirmation of receipt upon receiving this notification.
9.2 The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier. Reimbursement will be made using the same payment method used by the consumer, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
9.3 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
ARTICLE 10 – THE PRICE
10.1 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.
10.2 Notwithstanding the previous paragraph, the entrepreneur may offer products whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This susceptibility to fluctuations and the fact that any prices mentioned are target prices shall be stated in the offer.
10.3 Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
10.4 Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
10.5 All prices stated on the website or in other communications from the entrepreneur are inclusive of VAT.
ARTICLE 11 – PERFORMANCE OF THE AGREEMENT AND ADDITIONAL WARRANTY
11.1 The entrepreneur guarantees 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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
11.2 An additional guarantee provided by the entrepreneur, his supplier, manufacturer, or importer shall never restrict the rights and claims that the consumer may assert against the entrepreneur under the law regarding a shortcoming in the fulfillment of the entrepreneur’s obligations.
11.3 The entrepreneur will make his best efforts to process orders placed by consumers within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and to any compensation already paid.
ARTICLE 12 – EXECUTION OF THE AGREEMENT
12.1 The entrepreneur will exercise the utmost care when receiving and executing orders for products.
12.2 The place of delivery is deemed to be the address that the consumer has made known to the entrepreneur.
12.3 With due observance of the provisions of Article 6 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and to any compensation already paid.
12.4 After dissolution in accordance with paragraph 3, the entrepreneur shall immediately refund the amount paid by the consumer.
12.5 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and communicated representative of the consumer, unless expressly agreed otherwise.
ARTICLE 13 – PAYMENT
13.1 Unless otherwise agreed, amounts owed by the consumer must be paid immediately at the time of ordering. The entrepreneur may require the consumer to pay an advance of up to 50% of the agreed price when concluding a service agreement.
13.2 The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
13.3 In case of default on the part of the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs notified to the consumer in advance.
ARTICLE 14 – COMPLAINTS PROCEDURE
14.1 The entrepreneur shall have a sufficiently notified complaints procedure and shall handle complaints in accordance with this procedure.
14.2 Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
14.3 Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a longer response time is anticipated, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
14.4 If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement provisions.
ARTICLE 15 – DISPUTES
15.1 Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. Any disputes arising from or related to agreements between the entrepreneur and the consumer will be submitted to the competent Dutch court.
ARTICLE 16 – ADDITIONAL OR DIFFERENT PROVISIONS
16.1 Additional or different provisions 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 medium.
ARTICLE 17 – AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF BUSINESS
17.1 The entrepreneur may amend these general terms and conditions. Amendments will also apply to agreements already concluded with due observance of a period of 30 days after the amendment has been notified to the consumer, unless the consumer does not accept the amendment. In that case, the consumer is entitled to dissolve the agreement with effect from the date on which the amendment comes into effect, without any costs.
APPENDIX I: MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the agreement)
To: Amsterdam Lady B.V.
Website: amsterdamladys.com
I/We () hereby notify you that I/we () withdraw from our agreement concerning the sale of the following products / the provision of the following service (): Ordered on () / Received on (): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is submitted on paper): Date: () Delete as appropriate or add a description of the product/service.
General Terms and Conditions of Amsterdam Lady – Version 2025