General terms and conditions

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following terms are defined as follows:
Supplementary 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 trader or by a third party on the basis of an agreement between that third party and the trader;
1.1 Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
1.2 Consumer: the natural person not acting for purposes related to his trade, business, craft or profession;
1.3 Day: calendar day;
1.4 Digital content: data produced and supplied in digital form;
1.5 Continuing performance contract: a contract for the regular supply of goods, services and/or digital content for a specific period;
1.6 Durable medium: any tool - including e-mail - that enables the consumer or trader to store information that is addressed to them personally in a manner that enables future reference or use during a period that is tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
1.7 Right of withdrawal: the consumer's option of cancelling the distance contract within the cooling-off period;
1.8 Trader: the natural or legal person that offers products, (access to) digital content and/or services to consumers remotely;
1.9 Distance contract: a contract concluded between the trader and the consumer in the context of an organised system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the contract, one or more remote communication techniques are used exclusively or jointly;
1.10 Model withdrawal form: the European model withdrawal form set out in Annex I of these terms and conditions+. Annex I does not need to be made available if the consumer does not have a right of withdrawal with regard to his order;
1.11 Remote communication technology: means that can be used to conclude a contract without the consumer and the trader having to meet in the same room at the same time.

ARTICLE 2 - IDENTITY OF THE TRADER

o Name of trader: Summum Woman B.V. trading under the name/names: Summum
o Registered office & address for callers: Gyroscoopweg 68-74, 1042 AC Amsterdam, the Netherlands
o Telephone number: +31 20 262 2800.
Open: from Monday to Friday from 09.00 to 17:30
o E-mail address: info@summumwoman.com
o Chamber of Commerce number: 34120194
o VAT identification number: 8082.96.000B01

ARTICLE 3 - APPLICABILITY

3.1 These general terms and conditions apply to every offer made by the trader and to any distance contract concluded between the trader and the consumer.
3.2 The text of these general terms and conditions will be made available to the consumer before the distance contract is concluded. If this is not reasonably possible, the trader will, before the distance contract is concluded, indicate how the general terms and conditions can be consulted at the trader 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, the text of these general terms and conditions may - in derogation from the previous paragraph and before the distance contract is concluded - be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, information will be provided before the distance contract is concluded about where the general terms and conditions can be consulted by electronic means and that they will be sent by electronic means or otherwise free of charge at the consumer's request.
3.4 If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

ARTICLE 4 - THE OFFER

4.1 If an offer is valid for a limited period of time or is made subject to certain conditions, this will be explicitly 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 the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or manifest errors in the offer are not binding on the trader.
4.3 Every offer contains information such that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer.

ARTICLE 5 - THE CONTRACT

5.1 Subject to the provisions of paragraph 4, the contract is concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set in that respect.
5.2 If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the trader, the consumer can terminate the contract.
5.3 If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures to that end.
5.4 Within legal limits, the trader can determine whether the consumer is able to meet with his payment obligations, as well establish all the facts and factors that are important for the responsible conclusion of the distance contract. If this investigation gives the trader good grounds for not entering into the contract, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5.5 The trader will provide the consumer with the following information no later than upon delivery of the product, service or digital content to the consumer, in writing or in such a form that the consumer can store it in an accessible manner on a durable medium:
a. the address for callers of the trader’s establishment where the consumer can make complaints;
b. the terms 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. information concerning warranties and existing after-sales service;
d. the price of the product, service or digital content including all taxes; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. if the consumer has a right of withdrawal, the model withdrawal form+.
5.6 In the event of a continuing performance transaction, the provision in the previous paragraph will only apply to the first delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL

In the case of products:
6.1 The consumer may terminate a contract relating to the purchase of a product during a 14 day cooling-off period without stating reasons. The trader may ask the consumer about the reason for withdrawal, but may not require the consumer 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 who is not the carrier, has received the product, or: a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, receives the last product. Provided that it has clearly informed the consumer of this prior to the ordering process, the trader may refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of various shipments or parts: the day on which the consumer, or a third party designated by him, receives the last shipment or the final part;
c. in the case of contracts for 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. In the case of services and digital content not supplied on a tangible medium:
6.3. The consumer can terminate a service contract and a contract for the supply of digital content that has not been supplied on a tangible medium within 14 days without stating reasons. The trader may ask the consumer about the reason for withdrawal, but may not require the consumer to state his reason(s).
6.4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the contract. Extended cooling-off period for products, services and digital content that is not supplied on a material carrier if not informed about the right of withdrawal.
6.5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period set in accordance with the previous paragraphs of this article.
6.6. If the trader has provided the consumer with the information referred to in the previous paragraph within 14 days of the commencement date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

ARTICLE 7 - CONSUMER’S OBLIGATIONS DURING THE COOLING-OFF PERIOD

7.1 During the cooling-off period, the consumer will treat the product and the packaging with due care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and working of the product. The guiding principle is thereby that consumers may only use and inspect the product as they would be permitted to do in a shop.
7.2 The consumer is only liable for a reduction in the value of the product resulting from handling the product that goes beyond what is permitted in paragraph 1.
7.3 The consumer is not liable for a reduction in the value of the product if the trader has not provided him with all legally required information about the right of withdrawal before or upon the conclusion of the contract.

ARTICLE 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF

8.1 If the consumer exercises his right of withdrawal, he will notify this to the trader within the cooling-off period by means of the model withdrawal form+ or in some other unambiguous manner.
8.2 The consumer will return the purchased product or hand it over to (an authorised representative of) the trader as soon as possible, but definitely within 14 days of the day following the notification referred to in paragraph 1. In any event the consumer has observed the return period if he returns the product before the cooling-off period has expired.
8.3 The consumer will return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
8.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
8.5 The consumer will bear the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs or if the trader indicates that it will bear the costs itself, the consumer does not have to bear the costs of returning the goods.
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 performance of the contract before the end of the cooling-off period; b. he has not acknowledged that he will lose his right of withdrawal when giving his consent; or c. the trader has failed to confirm this statement from the consumer.
8.7 If the consumer exercises his right of withdrawal, all supplementary agreements will be legally dissolved.

ARTICLE 9 - TRADER’S OBLIGATIONS IN THE EVENT OF WITHDRAWAL

9.1 If the trader allows the consumer to give the notification of withdrawal electronically, it will send a confirmation of receipt without delay after receipt of this notification.
9.2 The trader will refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but definitely within 30 days following the day on which the consumer notifies the withdrawal. Unless the trader offers to collect the product itself, it may wait to refund until it has received the product or until the consumer shows that he has returned the product, whichever is earlier.
9.3 The trader will use the same means of payment for the refund as that use by the consumer, unless the consumer agrees to another method. The refund is free of charge for the consumer.
9.4 If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the trader does not have to refund the additional costs for the more expensive method.

ARTICLE 10 - THE PRICE

10.1 During the term 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 In derogation from the previous paragraph, the trader may offer products of which the price is subject to fluctuations in the financial market and over which the trader has no influence with variable prices. This liability to fluctuations and the fact that any prices stated are indicative prices are stated in the offer.
10.3 Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
10.4 Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.
10.5 It is possible that the trader has offers in its webshop whereby you receive a (promotional) product free of charge above a certain total amount. The promotional product will then be added to the order and invoice with a value of € 0. If you return items from your order and the net total amount is lower than the total amount required for the offer, you must return the promotional product within 14 days. If you do not do so, the trader will send an invoice for the original price of the promotional product. In addition, the trader reserves the right to suspend the refund of the value of the returned product(s) until the promotional product obtained has been returned or until you have paid the original value of the promotional product.

ARTICLE 11 - CONTRACT COMPLIANCE

11.1 The trader warrants that the products comply with the contract, the specifications contained in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date on which the contract is concluded. If agreed, the trader also warrants that the product is suitable for use other than normal use.
11.2 An additional warranty issued by the trader, its supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer can assert against the trader under the contract if the trader has failed in the performance of its part of the contract.

ARTICLE 13 - DELIVERY AND PERFORMANCE

13.1 The trader will observe the utmost care when receiving and executing orders for products and in assessing requests for the provision of services.
13.2 The place of delivery is the address that the consumer has communicated to the trader.
13.3 With due observance of the relevant provisions of Article 4 of these general terms and conditions, the trader will execute accepted orders with due dispatch but definitely within 30 days, unless a different delivery period has been agreed. If the delivery is delayed or if an order cannot or can only be partially executed, the consumer will receive notification of this no later than 30 days after the order has been placed. In that case the consumer has the right to dissolve the contract at no cost and is entitled to possible compensation.
13.4 After dissolution in accordance with the previous paragraph, the trader will immediately refund the amount paid by the consumer.
13.5 The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and communicated to the trader, unless expressly agreed otherwise.

ARTICLE 15 - PAYMENT

15.1 Unless stipulated otherwise in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or in the absence of a cooling-off period within 14 days of the conclusion of the contract. In the case of a contract to provide a service, this period commences on the day after the consumer has received confirmation of the contract.
15.2 In the case of the sale of products to consumers, the general terms and conditions may never require the consumer to pay more than 50% in advance. If payment in advance has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
15.3 The consumer is obliged to report inaccuracies in the payment details provided or stated to the trader without delay.
15.4 If the consumer fails to meet his payment obligation(s) in good time, and having been informed by the trader of the late payment and the trader having granted the consumer a period of 14 days to still fulfil his payment obligations, after the failure to pay within this 14 day period the consumer will owe statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to 2,500; 10% on the next 2,500 and 5% on the next 5,000 with a minimum of 40. The trader may deviate from the specified amounts and percentages in the consumer’s favour.

ARTICLE 16 - COMPLAINTS PROCEDURE

16.1 Contact details of the trader’s customer service, Customer Service Department service@summumwoman.com.
16.2 The consumer is obliged to determine whether the product conforms to the contract immediately following receipt of the product. The consumer must report any defects to the trader in writing, in full and clearly substantiated within a reasonable period of time.
16.3 Complaints concerning the delivery or quality of the product purchased from the trader by the consumer will be dealt with by the trader's Customer Service department.
16.4 The received complaints will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the trader will inform the consumer of this within 14 days, specifying the time frame within which the consumer can expect an answer.

ARTICLE 17 - SUPPLEMENTARY OR DEVIATING PROVISIONS

Supplementary provisions or provisions deviating 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 the consumer can store them in an accessible manner on a durable medium.

Article 18. PRIVACY

18.1 The trader will process the consumer's personal data in accordance with the applicable laws and regulations and in accordance with its privacy policy. The privacy statement and disclaimer displayed on the website form part of the contract and the consumer expressly agrees with this privacy statement and disclaimer by placing an order via the website.

General Terms and Conditions