Terms and Conditions

ARTICLE 1 - DEFINITIONS

In these conditions the following definitions apply:
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 on the basis of an agreement between that third party and the entrepreneur;
1.1 Reflection period: the period within which the consumer can exercise his right of withdrawal;
1.2 Consumer: the natural person who is not acting for purposes related to his trade, business, craft or professional activity;
1.3 Day: calendar day;
1.4 Digital content: data produced and delivered in digital form;
1.5 Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
1.6 Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a manner that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
1.7 Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
1.8 Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
1.9 Distance agreement: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is used up to and including the conclusion of the agreement is made of one or more techniques for remote communication;
1.10 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 with regard to his order;
1.11 Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.


ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

o Name of entrepreneur: Summum Woman BV trading under the name(s): Summum
o Business & visiting address: Gyroscoopweg 68-74, 1042 AC in Amsterdam
o Phone number: +31 20 262 2800.
Accessibility: Monday to Friday from 9:00 AM to 5:30 PM
o Email 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 from 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 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 can be made available to the consumer electronically in such a way that it can be read by the consumer. can be easily 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.
3.4 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him. is.


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 good assessment of the offer by the consumer. If the entrepreneur uses images, these 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 the rights and obligations are associated with acceptance of the offer.


ARTICLE 5 - THE AGREEMENT

5.1 The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
5.2 If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate 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 take appropriate security measures.
5.4 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 a responsible conclusion of 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.
5.5 The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, 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 visiting address of the entrepreneur's branch where the consumer 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;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. if the consumer has a right of withdrawal, the model withdrawal form+.
5.6 In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.


ARTICLE 6 – RIGHT OF WITHDRAWAL

For products:
6.1 The consumer can terminate 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 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 starts 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 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, has received the last shipment or part;
c. in the case of agreements 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. For services and digital content that is not supplied on a tangible medium:
6.3. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium within 14 days without giving reasons. The entrepreneur may ask the consumer the reason for withdrawal, but may not oblige him to state his reason(s).
6.4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement. Extended cooling-off period for products, services and digital content that are not delivered on a tangible medium if you do not inform yourself about the right of withdrawal.
6.5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection 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 14 days after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.


ARTICLE 7 - OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD

7.1 During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
7.2 The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
7.3 The consumer is not liable for depreciation 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 THEIR COSTS

8.1 If the consumer exercises his right of withdrawal, he must report this to 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 purchased product or hand it over to (an authorized representative of) the entrepreneur. The consumer has in any case 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 accessories supplied, 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 burden of proof for the correct and timely exercise of the right of withdrawal lies 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 that 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 delivered on a tangible medium, if: a. prior to its delivery, he has not expressly agreed to commence performance of the agreement before the end of the reflection 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 additional agreements will be dissolved by operation of law.


ARTICLE 9 - OBLIGATIONS OF THE ENTREPRENEUR IN THE EVENT OF WITHDRAWAL

9.1 If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
9.2 The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 30 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.
9.3 The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
9.4 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 as a result of changes in VAT rates.
10.2 Notwithstanding the previous paragraph, the entrepreneur may offer products with variable prices whose prices 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 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. these are the result of legal regulations or provisions; or
b. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
10.5 It is possible that the company has offers in its webshop where you receive a (promotional) product for free 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 required total amount of the offer, you must return the promotional product within 14 days. If you do not do this, the entrepreneur will send an invoice for the original price of the promotional product. The entrepreneur also reserves the right to discontinue the refund of the value of returned product(s) until the promotional product obtained has been returned or until you have paid the original amount of the promotional product.


ARTICLE 11 - PERFORMANCE OF AGREEMENT
11.1 The entrepreneur guarantees that the products 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 never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement. .


ARTICLE 13 - DELIVERY AND EXECUTION
13.1 The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
13.2 The place of delivery is the address that the consumer has made known to the entrepreneur.
13.3 Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than 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 partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
13.4 After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
13.5 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 in advance and made known to the entrepreneur, unless expressly agreed otherwise.


ARTICLE 15 - PAYMENT
15.1 Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. . In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
15.2 When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
15.3 The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
15.4 If the consumer does not fulfill his payment obligation(s) on time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. 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 entrepreneur may deviate from the stated amounts and percentages for the benefit of the consumer.


ARTICLE 16 – COMPLAINTS PROCEDURE

16.1 Customer service contact details of the entrepreneur, Customer Service Department service@summumwoman.com .
16.2 The consumer is obliged to investigate immediately after receiving the product whether the product complies with the agreement. The consumer must report any defects to the entrepreneur in writing, fully and clearly substantiated, within a reasonable time after delivery.
16.3 Complaints regarding delivery or quality of the product purchased by the consumer from the entrepreneur will be handled by the customer service department of the entrepreneur.
16.4 Complaints received will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will inform the Consumer of this within 14 days, stating the time frame within which the Consumer can expect an answer.


ARTICLE 17 - ADDITIONAL OR DIFFERENT PROVISIONS

Additional or deviating 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 data carrier.


Article 18. PRIVACY

18.1 The entrepreneur processes 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 placed on the website form part of the agreement and the consumer expressly agrees to this privacy statement and disclaimer by placing an order via the website.