Article 1 - Definitions 

For the purposes of these conditions, the withdrawal period means

: the period within which the consumer can exercise his right of withdrawal;

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

Day: calendar day;

Duration of the transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase of which is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-o period;

Entrepreneur: the natural or legal person who oers products and/or services remotely to consumers;

Seller: a company that sells movable property to the buyer as a producer or trader.

Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;

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

Article 2 - Applicability

These general terms and conditions apply to every oer from the entrepreneur and to every distance contract concluded and every order concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these conditions will be made available to the consumer electronically in such a way that it can be easily read by the consumer. can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. is.

If one or more provisions of these general terms and conditions are null and void or are annulled in whole or in part at any time, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be immediately replaced by a provision that comes as close as possible to the scope of the original. approaches as possible.

Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled at any time, the remainder of these general terms and conditions will remain fully applicable. EMS Clothing and the customer will then enter into consultation in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and scope of the original provisions are taken into account as much as possible.

Unclear interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 3 - The oer

If an oer has a limited period of validity or is made subject to conditions, this will be expressly stated in the oer.

The oer is without obligation. The entrepreneur has the right to change and adapt the oer.

The oer contains a complete and accurate description of the product oered. The description is so detailed that a good assessment of the oer by the buyer is possible. Obvious mistakes or errors in the oer do not bind the entrepreneur. The images and concrete data in the oer are only an indication and cannot give rise to compensation or termination of the agreement (remotely). The entrepreneur cannot guarantee that the colors or sizes in the image exactly match the actual colors or sizes of the product.

All images, specifications and data in the oer are indicative and cannot give rise to compensation or termination of the agreement.

The buyer ensures that all information that the entrepreneur indicates is necessary or which the buyer should reasonably understand is necessary for the execution of the agreement, is provided to the entrepreneur in a timely manner. 3. 3. If the entrepreneur does not have the information required for the execution of the agreement in a timely manner, the entrepreneur has the right to suspend the execution of the agreement and/or to charge the additional costs resulting from the delay in accordance with the entrepreneur's usual rates. to be charged to the buyer.

The entrepreneur is not liable for damage of any nature whatsoever resulting from the entrepreneur's confidence in incorrect and/or incomplete information provided by the buyer, unless this inaccuracy or incompleteness was known to the entrepreneur.

The buyer indemnifies the entrepreneur against any claims from third parties who suer damage in connection with the execution of the agreement and which are attributable to the buyer.

The buyer is obliged to purchase the goods when they are made available to him in accordance with the agreement, even if they are oered earlier or later than agreed or if they are at the post oce of the entrepreneur.

If the buyer refuses to accept delivery or fails to provide the information or instructions necessary for delivery, the entrepreneur is entitled to store the goods at the expense and risk of the buyer.

The entrepreneur accepts no liability for misuse of the product by the buyer, nor for incorrect advice from the buyer to the buyer's customers.

The entrepreneur does not guarantee that the products meet the specifications stated in the oer, their usability and/or reliability and the legal requirements at the time of concluding the agreement.

The company does not guarantee the existence of defects in the delivered products, but will make every eort to deliver the delivered products in accordance with the agreement. The actual shelf life of the products cannot be guaranteed.

If the entrepreneur has specified a delivery period, this is indicative. The indicative delivery times do not include any disruptions in the shipping process, delays or losses. This period depends on the delivery time of the supplier abroad. Delays cannot lead to cancellation of the purchase.

Article 4 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the oer and compliance with the stated conditions.

If the consumer has accepted the oer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the oer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for justifying 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 with reasons or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the e-mail address of the place of business of the consumer entrepreneur where consumers can go with complaints;

b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about warranties and existing after-sales service;

Each agreement is entered into under the conditions precedent of sucient availability of the products in question.

Article 5 - Right of withdrawal

When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 10 days. This period commences on the day of receipt of the product by the consumer or a representative designated by the consumer and made known to the entrepreneur.

During the reflection period, the consumer handles the product and packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to use and keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur on the entrepreneur's page.

If the package is refused at the door, the webshop will charge shipping, return and administration costs of up to 80 euros per package.

If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 10 days of receiving the product. The consumer must make this known by means of a written communication / e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 10 days of receipt to the address stated on the return form. The consumer must demonstrate that the delivered goods are returned on time, for example by means of proof of shipment (track and trace code). The buyer is responsible for the correct delivery of the return shipment and associated costs.

Returns will be processed and/or assessed as soon as possible, no later than within 10 days of receipt of the package in our warehouse. The customer is liable for any reduction in value of the goods or packaging resulting from the use of the goods and which goes beyond what is necessary to determine the nature, characteristics and operation of the goods.

Please note that if the product or packaging is returned damaged or incomplete, your costs will be deducted from the amount refunded or the package will be refused altogether. The depreciation of the packaging alone can amount to up to 25% and will be determined at the time of return. The customer accepts and assumes full responsibility for any depreciation at the time of purchase of the goods. If there is any depreciation on the product, this will be further determined on the basis of two factors:

- The condition of the packaging

- The condition of the product

Returns that do not meet the general terms and conditions will not be accepted and will be refused upon return.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

During the shipping period, the customer has the option to exercise the right of withdrawal, but the amount paid by the buyer can only be recovered if the order has been returned by the buyer and complies with the return conditions.

Article 6 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount excluding return costs as soon as possible, but no later than 10 days after the withdrawal. The condition is that the product has already been received back by the entrepreneur or that proper proof of complete return can be provided.

Article 7 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the oer, at least in time before concluding the agreement.

Article 8 - The price

During the period of validity stated in the oer, the prices of the products oered will not be increased, except for price changes as a result of changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may oer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the oer.

The prices stated in the range of products include VAT.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the company is not obliged to deliver the product at the incorrect price.

Article 9 - Conformity and warranty

The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the oer, the reasonable requirements of reliability and/or usability and the legal requirements existing on the date of the conclusion of the agreement. provisions and/or government regulations.

If agreed, the entrepreneur also guarantees that the product is suitable for normal and appropriate use.

A guarantee provided by the entrepreneur, manufacturer or importer does not aect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 48 hours of delivery. The products must then be returned in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the warranty period of the manufacturer. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The manufacturer's warranty (standard 6 months) can be extended per product to 9, 12 or 24 months in consultation against payment.

The condition of the warranty concerns:

If the product no longer works (as described in the specifications on the website), the buyer is only entitled to receive a replacement product, voucher or repair as regulated by law. Refunds remain excluded.

The warranty is also non-transferable and does not apply if:

The Consumer has repaired and/or processed the delivered products himself or has had them repaired and/or changed by third parties;

The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or the packaging;

The shortcoming is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 10 - Delivery and execution

The entrepreneur will exercise the utmost care when receiving and processing orders for products.

The place of delivery is the address that the consumer has provided to the company. The consumer is responsible for correctly stating the address. The entrepreneur cannot be held liable for any costs resulting from inaccuracies in the address details provided by the consumer.

Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 90 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 partially fulfilled, the consumer will be notified of this no later than 90 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur will make every eort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the consumer or a representative designated in advance and made known to the entrepreneur until the moment of delivery, unless expressly agreed otherwise.

The Entrepreneur can accept these general terms and conditions.

Article 11 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-o period referred to in Article 6(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 has the obligation to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 12 - Complaints procedure

Complaints about the execution of the agreement must be fully and clearly described to the entrepreneur within 48 hours of discovery of the defects by the consumer.

Complaints submitted to the entrepreneur will be answered within 10 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 10 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute settlement.

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

If a complaint is found to be justified by the entrepreneur, he will replace or repair the delivered products free of charge, at the entrepreneur's discretion.

Article 13 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.