Table of Contents:
Part I – GENERAL AND ADDITIONAL TERMS AND CONDITIONS
Part II – GENERAL TERMS AND CONDITIONS FOR THE RETURN OPTION
Part lll – Privacy statement
Part I: If the provisions of Part I conflict with those of Part II (General Terms and Conditions for the Trade-In Option), the provisions of Part I shall apply unless a provision of Part II is more favorable to the consumer. GENERAL AND SUPPLEMENTARY TERMS AND CONDITIONS The above Supplementary Terms and Conditions are copyrighted intellectual property. Use by third parties – also by way of excerpt – for business purposes when offering goods and/or services – is not permitted. actions contrary to this will be prosecuted.Back to General Terms and ConditionsGeneral Terms and Conditions of ThuiswinkelThese General Terms and Conditions of the Dutch Thuiswinkel Organization (hereinafter: Thuiswinkel.org) were drawn up in consultation with the Consumers’ Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will come into force as of June 1, 2014.
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 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur at withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or different stipulations
Article 20 – Amendment to the General Terms and Conditions of Home Shopping
Article 1 – Definitions In these terms and conditions, the following definitions apply: 1. Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader; 2. Withdrawal period: the period within which the consumer can make use of his right of withdrawal; 3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession; 4. Day: calendar day; 5. Digital Content: data produced and delivered in digital form; 6. Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specific period of time; 7. Durable medium: every tool – including e-mail – which enables the consumer or entrepreneur to store information which is addressed to him personally, in a way that allows future consultation or use during a period which is tailored to the purpose for which the information is intended, and which enables the unaltered reproduction of the stored information; 8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period; 9. Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers from a distance; 10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby sole or joint use is made of one or more techniques for distance communication up to and including the moment at which the contract is concluded; 11. Model form for withdrawal: the European Model form for withdrawal included 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; 12. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 – Identity of the entrepreneur Name entrepreneur: Perfin B.V. – Beechavenue 54 – 62 – 1119 PW, Schiphol-Rijk, Nederland – KvK: 20094853 – BTW nr.: NL808449461B03. Returns need to be send to: AV del Albir 6 – local 26 – b220, 03581 Albir, Spain. Please return directly after contact with: [email protected].
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 remote agreement is concluded, the text of these general 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 conditions are available for perusal at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer’s request. 3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in another way. 4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and the consumer can always rely on the applicable provision that is most favorable to him in case of conflicting conditions.
Article 4 – The offer 1. If an offer has a limited duration or is made subject to conditions, this shall be explicitly stated in the offer. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur. 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 1. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled. 2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract. 3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures. 4. The entrepreneur may, within the limits of the law – inform whether the consumer can meet his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation. 5. The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send: a) the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; b) the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal; c) the information on guarantees and existing after-sales service; d) the price, including all taxes, of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract; (e) the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration; f) if the consumer has a right of withdrawal, the model form for withdrawal. 6. In case of a duration contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal In case of products: 1. The consumer can terminate an agreement related to the purchase of a product during a reflection period of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s). 2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and 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, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time. 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 the last part; c) in 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 has received the first product.In case of delivery of services and digital content not provided on a tangible medium: 3. The consumer may terminate a service contract and a contract for delivery of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s). 4. The cooling off period referred to in paragraph 3 starts 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 tangible medium when not informing about the right of withdrawal: 5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article. 6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 100 days after the day the consumer received this information.
Article 7 – Obligations of the consumer during the reflection period 1. During the cooling-off 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, features and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store. 2. The consumer is only liable for depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1. 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 conclusion of the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof 1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model form for withdrawal or in any other unambiguous manner. 2. As soon as possible, but within the period prescribed in Article 6, 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. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired. 3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. 4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. 5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return shipment. 6. If the consumer withdraws after first explicitly requesting that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity shall commence during the withdrawal period, the consumer shall owe the entrepreneur an amount that is proportionate to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full extent of the commitment. 7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to supply district heating, if: (a) the trader has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or; b) the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period. 8. The consumer shall not bear any cost for the full or partial delivery of digital content not supplied on a tangible medium if: (a) he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period prior to its delivery; (b) he has not acknowledged losing his right of withdrawal when giving his consent; or (c) the trader has failed to confirm this declaration by the consumer. 9. If the consumer makes use of his right of withdrawal, all supplementary contracts will be dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal 1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he shall send an acknowledgement of receipt of this notification without delay. 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 trader offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first. 3. The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer. 4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract: 1. Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period 2. Contracts concluded during a public auction. A public auction is defined as a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is present in person or has the possibility of being present in person at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services; 3. Service contracts, after full execution of the service, but only if:a) the execution has started with the explicit prior consent of the consumer; andb) the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully executed the contract; 4. Package holidays as referred to in article 7:500 of the Dutch Civil Code and contracts of passenger transport; 5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering; 6. Agreements relating to leisure activities, if the agreement provides for a certain date or period of performance; 7. Products made to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person; 8. Products that spoil quickly or have a limited shelf life; 9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery; 10. Products that after delivery by their nature are irrevocably mixed with other products; 11. Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence; 12. Sealed audio-, video-recordings and computer software, of which the seal has been broken after delivery; 13. Newspapers, magazines or journals, with the exception of subscriptions to these; 14. The delivery of digital content other than on a tangible medium, but only if: (a) the performance has begun with the consumer’s express prior consent; and b) the consumer has declared that he thereby loses his right of withdrawal.
Article 11 – The price 1. During the period of validity mentioned in the offer, the prices of the products and/or services offered 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 whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer. 3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions. 4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:a) they are the result of statutory regulations or provisions; orb) the consumer has the power to terminate the contract on the day the price increase enters into force. 5. The prices mentioned in the offer of products or services include VAT.
Article 12 – Fulfilment of contract and additional guarantee 1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use. 2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement. 3. By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the agreement.
Article 13 – Delivery and execution 1. The entrepreneur will take the greatest possible care when receiving and in the execution of orders of products and in assessing applications for the provision of services. 2. The place of delivery is the address that the consumer has made known to the entrepreneur. 3. With due observance of what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation. 4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer the amount paid without delay. 5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and announced to the entrepreneur representative, unless otherwise expressly agreed.
Article 14 – Duration transactions: duration, termination and renewal Termination 1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice not exceeding one month. 2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month. 3. The consumer can in the previous paragraphs:a) terminate at any time and not be limited to termination at a specific time or in a specific period;b) terminate at least in the same way as they were entered into by him;c) always terminate with the same notice as the entrepreneur has stipulated for himself.Renewal 4. A contract for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period. 5. Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed contract towards the end of the extension with a notice of up to one month. 6. A fixed-term contract that has been concluded for the regular supply of products or services may only be extended tacitly for an indefinite period of time if the consumer may terminate at any time with a notice period of up to one month. The notice period is up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. 7. A contract with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends at the end of the trial or introductory period. Duration 8. If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.
Article 15 – Payment 1. Insofar not otherwise specified in the contract or additional conditions, the amounts due by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In case of a contract to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement. 2. When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service (s), before the stipulated prepayment has taken place. 3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur. 4. If the consumer does not timely fulfill his payment obligation(s), he is, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, the statutory interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs. 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 proprietor may depart from the amounts and percentages stated for the benefit of the consumer.
Article 16 – Complaints procedure 1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. 2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly described, after the consumer has found the defects. 3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer. 4. A complaint about a product, a service or the trader’s service can also be submitted via a complaints form on the consumer page of the website of the Dutch Thuiswinkel Organization www.thuiswinkel.org. The complaint is then sent both to the trader in question and the Dutch Thuiswinkel Organization. 5. The consumer must give the trader at least four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement scheme.
Article 17 – Disputes 1. On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. 2. Disputes between a consumer and an trader over the conclusion or exercising of contracts relating to products and services to be supplied by this trader can be put before the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl), by either the consumer or the trader, with due observance of that which is stipulated below. 3. A dispute is only taken up by the Disputes Committee if the consumer has first submitted his complaint to the trader within a reasonable period of time. 4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee, at the latest 12 months after the date on which the consumer submitted the complaint to the proprietor. 5. When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer reports this to the entrepreneur first. 6. When the entrepreneur wants to bring a dispute before the Dispute committee, the consumer will have to speak out in writing, within five weeks after a written request made by the entrepreneur, whether he so desires or wants the dispute to be handled by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur has the right to submit the dispute to the competent court. 7. The Geschillencommissie’s decision is subject to the conditions as set out in the regulations of the Geschillencommissie (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of a binding advice. 8. The Disputes Committee will not deal with a dispute or will terminate their intervention if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the committee dealt with the dispute during the session and rendered a final ruling. 9. If, in addition to the Thuiswinkel Disputes Committee, another recognized dispute committee is authorized or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid), the Thuiswinkel Disputes Committee will be authorized, in cases of disputes concerning primarily the method of distance selling or the provision of services. For all other disputes, the other disputes committee recognized by the SGC or Kifid.
Article 18 – Sector guarantee 1. Thuiswinkel.org undertakes to ensure that its members comply with the binding advice issued by the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice to the courts for verification within two months of the advice being sent. This guarantee will be revived if the binding advice is upheld after review by the court and the judgement that shows this has become final. Up to a maximum amount of € 10.000,- per binding advice, this amount will be paid to the consumer by Thuiswinkel.org. For amounts larger than € 10.000,- per binding advice, € 10.000,- will be paid. When the amount exceeds this amount, Thuiswinkel.org has a best-effort obligation to ensure that the member complies with the binding advice. 2. Application of this guarantee requires that the consumer makes a claim in writing to Thuiswinkel.org, and that he transfers his claim on the trader to Thuiswinkel.org. If the claim on the trader exceeds €10.000,-, the consumer will be offered to transfer his claim, as far as it exceeds the amount of €10.000,-, to Thuiswinkel.org, after which this organization will demand payment in court on its own name and costs. Article 19 – Additional or different stipulations Additional provisions or provisions that deviate from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.
Article 20 – Amendments to the general terms and conditions of Thuiswinkel 1. The Dutch Thuiswinkel Organization will only amend these general terms and conditions after consultation with the Consumers’ Association. 2. Amendments to these terms and conditions will only take effect after they have been published in the appropriate way, on the understanding that, if amendments are applicable during the term of an offer, the provision that is most favourable for the consumer will prevail. Thuiswinkel.org www.thuiswinkel.org Horaplantsoen 20, 6717 LT Ede PO Box 7001, 6710 CB Ede
Annex I: Model withdrawal form Model withdrawal form (complete and return this form only if you wish to withdraw from the contract) – To Email: [email protected] I/We* hereby give notice that I/We* withdraw from my/our* contract for the sale of the following products: the supply of the following digital content.the provision of the following service: revokes/revokes* Ordered on*/received on* [date of order for services or date of receipt for products][Name of consumer(s)]. [Address of consumer(s)] [Signature consumer(s)] (only if this form is submitted on paper) Date Strike out what does not apply or fill in what applies.
GENERAL AND SUPPLEMENTARY TERMS AND CONDITIONS Additional general terms and conditions (GTC) for orders of Perfin We would like to present to you our General Terms and Conditions, which underlie all services provided on Perfin. We offer you on Perfin a personalized shopping and service experience, which is adapted to your interests and needs. On Perfin we sell articles from Perfin and partners of Perfin. The offers on our websites Perfin are intended exclusively for consumers who make the purchase for a purpose that cannot be attributed to either their commercial or professional activities. Perfin articles are all articles, which we offer you on Perfin, including Perfin pre-owned fashion articles, as far as we do not inform you that it is a Perfin partner article. Perfin partner articles are articles, which we offer to you on Perfin and which we designate there as a Perfin partner article. All Perfin partners are business dealers. Perfin pre-owned fashion articles are all articles, which we offer you on Perfin and which we refer to there as Perfin pre-owned fashion articles.
1. REALISATION OF AN AGREEMENT AND DELIVERY 1.1 By submitting your order, you declare that you are acting for private purposes only. 1.2 Contracts via Perfin are concluded exclusively in the Dutch language. When ordering Perfin articles, your contracting party is Perfin. When ordering Perfin partner articles, your co-contracting party is, in addition to Perfin, also the respective Perfin partner. Information about the identity of the respective Perfin partner can be found on the corresponding article page (in particular name, address where a complaint can be made and registry data). The Perfin partner in question is not a member of the Dutch Thuiswinkel Organization. 1.3 By clicking on the “Buy now” button you are placing a binding order for the items in your shopping cart. The receipt of your order we confirm to you immediately after sending your order by e-mail. A binding contract comes into force upon receipt of the order confirmation. Please note that the delivery of the ordered goods in the case of prepayment (reservation) only takes place after the full amount, including shipping costs, has been credited to our account. In connection with this, we request that you transfer the purchase price immediately upon receipt of the order confirmation, but at the latest within 7 days of receipt of the order confirmation. 1.4 You agree to the transfer of the seller’s claims for payment of the purchase price to third parties, in particular to Perfin. 1.5 We will execute accepted orders expeditiously, but within 30 days at the latest, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be fulfilled at all or only partially, you will be notified at the latest 30 days after you have placed the order. In that case you have the right to dissolve the contract without cost and the right to any compensation. After dissolution in accordance with the previous paragraph, we will refund the amount you paid without delay. 1.6 The risk of damage and / or loss of products rests with us until the time of delivery to you or a previously designated and disclosed to us representative, unless otherwise expressly agreed. We deliver only within the Netherlands. When terms are mentioned in working days, this means all days from Monday to Friday, excluding legal holidays. The ordering and delivery of Perfin articles and Perfin partner articles is only possible if they are in stock. The website indicates whether the item is still in stock. 1.7 If you choose to offset the carbon footprint of your order on the order summary page, this is part of the contract for your order. You will be informed of the amount on the order summary page before you enter into the contract. 1.8 We reserve the right not to accept an order or to cancel the order if it is placed through the use of software, a robot, crawler, spider or automated system or scripted behavior and the use of third party services to place an order on your behalf.
2. PRICES, SHIPPING COSTS, EXPRESS SHIPPING AND LONG DISTANCE SHIPPING COSTS 2.1 The prices indicated in the offer at the time of the order apply. The prices indicated are final prices. That is, they include the then applicable statutory VAT. Until the purchase price has been paid in full, the products remain our property or the property of the respective Perfin partner. 2.2 For orders valued at 19.90 Euro or higher delivery is free. For orders less than 150 Euro will be charged a delivery fee. The fee relates to costs that arise from the scope of the order, including shipping, handling and other services. The costs increase and are levied by Perfin. 2.3 For certain orders, we offer express shipping. Whether this option is possible for your order and the associated costs, you can see in the ordering process. The products will be delivered within 2 business days at the latest. If the delivery takes longer, you will of course receive a refund of the express shipping costs. 2.4 Depending on where your item is shipped from, long distance shipping costs of 2,95 Euro including VAT may apply. Before your order is placed, we will inform you whether long distance shipping costs apply to your selected item. The long distance shipping costs will be calculated by us. If you decide to return an item for which these charges apply, we will refund these charges to you. We may wait to refund you until we have received the goods back, or you have provided evidence that you have returned the goods, whichever comes first.
3. PAYMENT 3.1 In principle we offer the following payment methods: prepayment, credit card, account and Paypal. We reserve the right not to offer certain payment methods and to refer to other payment methods with every order. Please note that we only accept payments from accounts within the European Union (EU). Any costs of a money transaction must be paid by you. 3.2 In case of purchase on credit card the charge of your credit card account will take place with shipment of the order. 3.3 If you fail to meet your payment obligation(s) on time, after we have notified you of your late payment and granted you a period of 14 days in which to meet your payment obligations as yet, after failing to make payment within this 14-day period you will owe the statutory interest on the amount still due and we will be entitled to charge the extrajudicial collection costs incurred by us. 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, =. We may deviate from the aforementioned amounts and percentages for your benefit. 3.4 You agree to receive invoices and credit notes exclusively in electronic form.
4. CAMPAIGN VOUCHERS AND REDEEMING THEM 4.1 Promotion Vouchers are vouchers which cannot be purchased but are issued in the context of advertising campaigns and have a limited validity. 4.2 Action vouchers must be redeemed during the specified period and only once as part of an order. Some brands may be excluded from the voucher campaign. Action vouchers cannot be used for the purchase of gift vouchers. Please note that Action Vouchers may be linked to a minimum order value. 4.3 The value of the goods must at least correspond to the amount of the Voucher. A difference with a higher value of the goods can be compensated with the offered payment option. The value of the Action Voucher is neither paid out in cash nor reimbursed with an interest rate. The action voucher is not refundable if goods are returned in whole or in part. 4.4 Action Vouchers can only be redeemed before the conclusion of the ordering process. It is not possible to redeem coupons at a later date. The Promotional Voucher cannot be given to a third party. Several action coupons cannot be combined with each other, unless we have agreed otherwise. 4.5 Should you have redeemed a Promotional Voucher with your purchase, we reserve the right to charge the original price of the goods purchased if – due to a withdrawal – the total value of the order is less than the corresponding value of the Promotional Voucher or if it does not meet the requirements.
5. GIFT VOUCHERS AND REDEEMING THEM 5.1 Gift Vouchers are vouchers that you can obtain through purchase. They can only be redeemed for the purchase of Perfin products and Perfin partner products, not for the purchase of other gift cards. If the credit balance of a gift card is insufficient for an order, the difference can be compensated with an offered payment option. 5.2 Gift vouchers and credits can only be redeemed before the conclusion of the ordering process. The credit balance of a gift card is neither paid out in cash nor reimbursed with an interest rate. To redeem Gift Vouchers on your Customer Account or view an existing credit, please visit your personal account at Perfin.
6. LEGAL RIGHT OF WITHDRAWAL WITH THE PURCHASE OF Perfin ARTICLES YOU HAVE A STATUTORY RIGHT OF WITHDRAWAL WITH THE PURCHASE OF Perfin ARTICLES: We would like to inform you in advance that in case of returning goods you can use the return label enclosed with your order or print it out yourself via your customer account. If you do not have a printer available, if you have problems downloading the return label, or if you need a new return label, you can request one via customer service (contact details, see below). We kindly ask you to help us avoid unnecessary costs and not to return the goods without a return label. RIGHT OF WITHDRAWAL: You have the right to withdraw from the contract within a period of 14 days without giving reasons. The withdrawal period will expire 14 days after the 1. day, on which you or a third party designated by you, who is not the carrier, receives physical possession of the last product. To exercise the right of withdrawal, you must inform Perfin, email: [email protected], of your decision to withdraw from the contract via an unequivocal statement (e.g. in writing by post, fax or email). You may use the attached model withdrawal form for this purpose, but you are not obliged to do so. You can also fill in and submit the model form or any other unequivocal statement digitally via the contact form on our website. If you make use of this option, you will receive an acknowledgement of receipt from us immediately (e.g. by e-mail). In order to meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will refund you using the same means of payment with which you made the original transaction, unless you have expressly agreed otherwise; in any event, you will not be charged for such refund. We may delay repayment until we have received the goods back, or you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to Perfin, AV del Albir 6 – local 26 – b220, 03581 Albir, Spain, without delay, but in any case no later than 14 days after the day on which you communicate the decision to withdraw from the contract to us. You are on time if you return the goods before the 14-day period has expired. We will bear the cost of the return if you use the return label that we provide. If you do not use it, you must pay shipping costs. You are only liable for the depreciation of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.Model withdrawal form (Please complete and return this form only if you wish to withdraw from the contract) – email: [email protected] – I/We (*) hereby inform you that I/We (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*) – Ordered on (*)/Received on (*) – Name(s) of consumer(s) – Address of consumer(s) – Date (*) Delete as appropriate. If you wish to withdraw from the contract with Perfin, please use this form. Please attach it to the return shipment or send it to us.
7. LEGAL RIGHT OF WITHDRAWAL WITH THE PURCHASE OF Perfin PARTNER PRODUCTS YOU HAVE A STATUTORY RIGHT OF REVOCATION WITH THE PURCHASE OF Perfin PARTNER PRODUCTS: We would like to inform you in advance that you can use the return label enclosed with your order to return goods. If you need a new return label, you can request one from customer service (contact details, see below). We kindly ask you to help us avoid unnecessary costs and not to return the goods without a return label. RIGHT OF WITHDRAWAL: You have the right to withdraw from the contract within a period of 14 days without giving reasons. The withdrawal period will expire 14 days after the 1. day, on which you or a third party designated by you, who is not the carrier, receives physical possession of the last product. To exercise the right of withdrawal, you must inform Perfin email: [email protected], or the relevant Perfin partner via an unequivocal statement (e.g. in writing by post, fax or email) of your decision to withdraw from the contract. You may use the enclosed model withdrawal form for this purpose, but are not obliged to do so. Information about the identity of the respective Perfin partner, including contact details, is linked on the applicable product page. In addition, you will find the contact details of the Perfin partner in the information on the right of withdrawal which we sent to you as a PDF file in the order confirmation. You can also use the contact form on our website to digitally fill in and submit the model form or any other unequivocal statement. If you make use of this option, you will receive an acknowledgement of receipt from us immediately (e.g. by e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will refund you using the same means of payment with which you made the original transaction, unless you have expressly agreed otherwise; in any event, you will not be charged for such refund. We may delay repayment until we have received the goods back, or you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to the Perfin partner without delay, but in any case no later than 14 days from the day on which you communicate to us the decision to withdraw from the contract. Information about the identity of the respective Perfin partner, including contact details, is linked on the applicable product page. In addition you will find the contact details of the Perfin partner in the information regarding the right of withdrawal which we have sent you as a PDF file in the order confirmation. You are on time if you return the goods before the 14-day period has expired. We will bear the cost of the return if you use the return label that we provide. If you do not use it, you will have to pay shipping costs. You are only liable for the depreciation of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.Model withdrawal form (Please complete and return this form only if you want to withdraw from the contract) – To Perfin email: [email protected] (or the respective Perfin partner, for contact details, see info above) – I/We (*) hereby inform you that I/We (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*) – Ordered on (*)/Received on (*) – Name(s) of consumer(s) – Address of consumer(s) – Date (*) Delete as appropriate. If you wish to withdraw from the contract with Perfin, please use this form. Please include it with your return shipment or send it to us. The right of withdrawal is excluded for sealed products, which are not suitable for return due to reasons of health protection or hygiene and whose seal is broken after delivery.
8. VOLUNTARY RIGHT OF RETURN UP TO 100 DAYS AFTER RECEIPT OF THE PRODUCT 8.1 In addition to your statutory right of withdrawal, we will grant you a voluntary right of return for a total of 100 days from receipt of the goods. With this voluntary right of return, you may cancel the contract after the expiration of your 14-day right of withdrawal (see right of withdrawal above) by returning the product to us, specifically to the address mentioned in clause 6 under the heading “Effects of the right of withdrawal”, within 100 days of receipt of the product (start of the period on the day after receipt of the product). In the case of a Perfin partner article, you must return it to the respective Perfin partner. Information about the identity of the respective Perfin partner, including contact details, is linked on the applicable article page. In addition you will find the contact details of the Perfin partner in the information regarding the right of withdrawal which we have sent you as a PDF file in the order confirmation. 8.2 The right of withdrawal is excluded for sealed products, which are not suitable for return due to reasons of health protection or hygiene and whose seal was broken after delivery. 8.3 In the event of a return of Perfin items, please use the return label enclosed with your order or print it out yourself via your customer account. If you have problems downloading the return label or do not have a printer available, please contact our customer service (contact details, see below). 8.4 In the event of a return of Perfin partner items, please use the return label enclosed with your order. By the way, you will find the contact details of the respective Perfin partner on the article page linked to your order; in addition, you will find the contact details in the information on the right of withdrawal which we sent to you as PDF with the order confirmation. 8.5 We kindly request that you return the products in their original packaging only, if this is reasonably possible. 8.6 The timely dispatch is sufficient to meet the deadline. The prerequisite for exercising the voluntary right of return is, however, that you have worn/tried out the product only to try it on, as in a store, and that you return the product completely, in its original condition intact and without damage in the original sales packaging. Until the end of the period of the statutory right of withdrawal, only the applicable legal provisions shall apply. The voluntary right of return does not restrict your right to the statutory warranty, which remains unaffected. The voluntary right of return does not apply to the purchase of gift vouchers. 8.7 Please note that your 100-day right of return does not apply to the climate protection amount, if you have chosen to offset the carbon footprint for your order. Your legal right of revocation remains unaffected by this.
9. REFUNDS We will carry out all refunds automatically to the account used by you for payment. In the case of payment on account and prepayment, the refund will be made to the account from which we received the payment. If you paid by Paypal / credit card, the refund will be made to the corresponding Paypal / credit card account. If you have used a gift voucher for your purchase, we will credit the amount to your gift voucher account.
10. QUALITY Perfin PRE-OWNED FASHION ITEMS Since Perfin pre-owned fashion items were previously owned by another customer, it is of course possible that these items have slight traces of use. The product description and the photo accompanying the Perfin -pre-owned fashion item in question point out the slight traces of use. The presence of such traces of use does not automatically mean that these articles would not meet the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date the agreement was made.
11. CUSTOMER CARE Customer service can be contacted via our FAQs. Customer service can be reached via chat, messenger, phone and the contact form.
12. APPLICABLE LAW AND FURTHER INFORMATION 12.1 All our agreements are governed by Dutch law. 12.2 You can find these General Terms and Conditions at Perfin. You can also print or save this document by using the usual function of your internet program (=browser: usually as “save document”). You can download and archive this document as a pdf file by clicking here. To open a pdf, you will need a free program from Adobe Reader (www.adobe.com/nl/) or a comparable program, which masters the pdf format. 12.3 The use of the available offer on Perfin is possible for persons who are at least 18 years old. 12.4 Each customer may only have one customer account with Perfin. We reserve the right to delete multiple logins of one person. 12.5 You can also archive your order data additionally by downloading the General Terms and Conditions and saving the data displayed on the last page of the order process using your browser function or waiting for the order confirmation, which we will also send you by email after the completion of your order. This confirmation contains once again your order data and our General Terms and Conditions. You can easily print them out or save them with your e-mail program. 12.6 If you are not satisfied with the handling of your complaint you can also submit it to the Geschillencommissie Thuiswinkel (www.sgc.nl) or to this Dispute Commission via the European ODR Platform.
Part II GENERAL TERMS AND CONDITIONS FOR THE TRADE-IN OPTION
Contract Party: Perfin.
Terms and conditions of the trade-in option Perfin offers a trade-in option for unworn and second-hand clothing that is as good as new (“pre-owned fashion”). All pre-owned fashion items must meet Perfin ‘s.
1. Scope of application, relationship to other general terms and conditions 1.1. The trade-in option is an offer of Perfin; more information can be found in us. 1.2. These terms and conditions apply exclusively to the return of pre-owned fashion items to Perfin in exchange for compensation. For the purchase of articles from Perfin and articles from partners as well as for our other services, our General terms and conditions for orders via Perfin, apply in addition.
2. Conclusion of the contract together with the trade-in option 2.1. Should you wish to make use of the exchange option, the following provisions apply to the conclusion of the contract: 2.2. You can offer your own pre-owned fashion items to be exchanged at Perfin. To do so, you must go through the described steps and provide the required information. If it concerns pre-owned fashion articles, which you have not bought at Perfin, you will be asked to upload an image of the article and to mention the brand and the product category (e.g. dresses, blouses). All pre-owned fashion items that you offer must comply with the <link trade-in conditions> trade-in conditions. 2.3. After the clothes are added, you will be shown a non-binding indication of a value that Perfin may be willing to compensate, subject to meeting the <link trade-in conditions> trade-in conditions and the conditions mentioned in articles 2.5, 2.7 and 2.8. If you agree to the non-binding indication and accept the trade-in conditions, you may submit your trade-in offer by clicking on the button “[bitte Button Label einfügen]”. This does not mean that your trade-in offer will be automatically accepted by Perfin, nor that an agreement will be established at this stage. 2.4. Perfin performs an initial visual check based on the image. 2.5. If the product category differs, Perfin will provide you with an adapted quotation without any obligation. You can accept the adjusted offer by sending the used fashion items at the offered value. This does not mean that your purchase offer will be automatically accepted by Perfin, nor that an agreement will be established at this stage. This depends on meeting the <link trade-in conditions> trade-in conditions and the conditions mentioned in articles 2.7 and 2.8. If you reject the modified, no-obligation offer within 2 weeks or do not respond within this period, the negotiations and the trade-in procedure will end. No agreement will then be concluded. If the information about the pre-owned fashion items is incorrect or if the item does not meet the trade-in conditions, Perfin rejects the trade-in and ends the negotiations. Perfin will inform you about this both by email and in the article overview in your customer account. In this case, no agreement is reached. 2.6. Perfin provides you with a shipping document for free shipment to Perfin of the pre-owned fashion articles accepted for exchange. 2.7. Within 14 days of receiving the pre-owned fashion items, Perfin will check their condition and whether they meet the trade-in conditions. If the condition corresponds to these conditions, Perfin will send you a trade-in confirmation by email. An agreement is then established between you and Perfin. 2.8. If the state does not correspond to Perfin ‘s trade-in conditions, Perfin will send you a notification of the rejection of the item by email. In this case, no agreement is established between you and Perfin. Depending on your choice, the garment will be returned to you free of charge or donated to charity. If you do not report back after seven days of sending the communication even after a reminder email, the garment will be donated to a charitable organization. 2.9. You can receive the compensation in the form of a Perfin gift card, or waive the compensation in favor of a charity. This choice must already be made within the exchange procedure and cannot be changed afterwards. 2.10. If you use the option to receive a Perfin gift voucher, Perfin will make it available by e-mail and in your customer account. Perfin reserves the right to modify in the future the way the gift voucher will be handed over. Perfin will inform you about this in advance. The Perfin gift voucher can be redeemed on Perfin, is transferable and valid indefinitely. Further conditions can be found here. The claim to compensation will be fulfilled once the Perfin gift voucher has been provided. 2.11. If you renounce, Perfin will donate the total offered value of all confirmed items to the institution you selected during the exchange procedure. You will then no longer be entitled to receive a Perfin voucher. 2.12. Unsolicited items sent to you cannot be edited or returned. Therefore, if you want to exchange further items at Perfin after the initial check (article 2.4), please use the exchange function again for this purpose and do not put them in the already visually checked exchange box.
3. Obligations of the user 3.1. As a user, you are obliged to provide all information about the pre-owned fashion items to be exchanged completely and truthfully. 3.2. You may only include truthful images, on which the important characteristics of the pre-owned fashion article including any defects can be recognized. It is forbidden to add images of similar items from the Internet. 3.3. Pictures are protected by copyright or by neighbouring rights. You therefore guarantee that, when uploading an article, only images of which you alone are the copyright holder or of which the copyright holder has granted permission for use will be used. Please do not upload any images that can be used to identify natural persons. Furthermore, the publication of relevant images may infringe on the rights of individuals to their own image. If you end up uploading images with identifiable individuals, make sure that the consent is available from all individuals who appear in the published images. 3.4. You may only offer items that you are the sole owner of or that you may dispose of with the owner’s permission. 3.5. You are further required to offer only items that are original items from the manufacturer listed on the label. If you are unable to check or determine this (for example, because you have bought the item second-hand yourself), please do not offer this item for sale. 3.6. You are not allowed to: – third party rights (e.g. infringe third-party rights (e.g. industrial property rights, copyright or personality rights); – carry out illegal, misleading, malicious, discriminatory, pornographic, sexist, threatening, abusive, defamatory, obscene, incriminating, ethically offensive, violent, disruptive, inappropriate for minors, racist, immoral, inflammatory, xenophobic or otherwise objectionable or objectionable acts or deploy viruses, worms, Trojan horses or other malicious malicious code, which may compromise or affect the functionality of our exchange function. 3.7. Perfin may, in the event of an infringement of these Terms and Conditions or applicable legal provisions, at its sole discretion at any time and without prior notice or indication of reasons, exclude you temporarily or permanently, partially or completely, as well as delete corresponding content.
4. Liability Perfin ‘s liability is excluded, except in the case of intent or gross negligence.
5. Information for the consumer 5.1. All transactions on Perfin are made in the Dutch language. You can choose your preferred language by using the language selection in the header of the website or by going to My Account in the mobile app. 5.2. Perfin does not store the content of the contract in its systems; you can access the currently valid text of the contract during your transaction. You can view these terms and conditions for the trade-in offer at Perfin. In addition, you can print or save this document using the usual function of your Internet service program (=browser: it usually says “File” -> “Save As” there). If you save the document as a PDF file, you will need the free program Adobe Reader (at www.adobe.nl) or similar programs that support the PDF format to open the PDF file. 5.3. You can also easily archive the terms and conditions and details of your transaction by downloading the terms and conditions and saving the details summarized on the last page of the trade-in process using your browser’s features. 5.4. You will also receive a transaction confirmation email, which contains the details of your transaction and which you can easily print or save using your email program.
6. Other provisions 6.1. Perfin reserves the right to modify these general terms and conditions at any time if this does not lead to a restructuring of the structure of the contract. 6.2. Furthermore, Perfin is entitled to amend or expand these general terms and conditions if this is required to overcome difficulties in the execution of contractual relationships or on the basis of gaps that have arisen. You will be informed of the modified conditions no later than four weeks before they become effective. 6.3. The amendments are considered adopted if you do not object to them within four weeks after receiving the notification of amendment. Perfin will particularly point out the possibility of objecting and the significance of the four-week period in the amendment notification. Conversely, the amendments are considered rejected if you exercise your right to object. The Terms and Conditions will then apply unchanged, the right to terminate a contractual relationship remains valid. 6.4. If individual provisions of these General Terms and Conditions are or become partially or wholly invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provisions, the applicable legal provisions shall apply. If, due to a gap in the regulation, there is no legal provision or it leads to an unacceptable result, the parties shall negotiate an effective regulation, which comes as close as possible to the intended purpose.
7. Disputes and applicable law 7.1. Agreements between you and Perfin to which these general terms and conditions apply are exclusively governed by Dutch law. 7.2. Disputes between you and Perfin about the realization or execution of agreements with regard to products and services to be delivered or delivered by Perfin can, with due consideration of the following, be submitted by you as well as by Perfin to the Geschillencommissie Thuiswinkel, Postbus 90600, 2509 LP in The Hague (www.sgc.nl). 7.3. A dispute will only be taken up by the arbitration committee if you have first submitted your complaint to Perfin within a reasonable period of time. 7.4. If the complaint does not lead to a solution, the dispute must be brought before the Dispute Commission in writing or in another form to be determined by the Commission, at the latest 12 months after the date on which you submitted the complaint to Perfin. 7.5. If you wish to submit a dispute to the Disputes Committee, Perfin is bound to this choice. Preferably, you report this to Perfin first. 7.6. If Perfin wishes to submit a dispute to the arbitration committee, you are expected to indicate in writing within five weeks after a request to that effect by Perfin whether you wish to do so or have the dispute settled by the competent judge. If Perfin does not learn of your choice within the period of five weeks, Perfin is entitled to submit the dispute to the competent judge. 7.7. The arbitration committee pronounces its verdict under the conditions as stipulated in the regulations of the arbitration committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of a binding advice. 7.8. The Disputes Committee will not handle a dispute or discontinue treatment if Perfin has been granted suspension of payment, is in a state of bankruptcy or has actually terminated its business activities, before a dispute has been handled by the committee at the hearing and a final ruling has been rendered. 7.9. If, in addition to the Thuiswinkel Disputes Committee, another recognized dispute committee or one affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is authorized, the Thuiswinkel Disputes Committee will have preference in disputes concerning mainly the method of distance selling or the provision of services. For all other disputes, the other disputes committees recognized by the SGC or Kifid. Trade-in conditions You can only trade in fashionable women’s and men’s clothing that is as good as new from brands in our brand list. Please note – the following items cannot be traded in: – Items with signs of use such as stains, discoloration, holes or a strong odor – Basics (simple tops in one color) – Underwear, hosiery or swimwear – Accessories such as jewelry, scarves, hats, purses – Unbranded items as well as children’s clothing
YOUR Perfin
Postal address: AV DEL ALBIR 6 – LOCAL 26 – B220
03581 ALBIR
SPAIN
Location: 01.08.2022
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Part Ill: Privacy Statement
Date: 08/2022
This privacy statement will give you further insight into the processing of your personal data at Perfin. The privacy statement applies to all websites, apps and other services and facilities offered by Perfin.
If you have a question about this privacy statement or the topic of privacy protection at Perfin, please contact our data protection team or the Perfin customer service at [email protected] at any time. Please also send an email to our data protection team if you would like to exercise your right to information or erasure or any other data protection right according to Section 15-22 of the AVG, including the withdrawal of consent for marketing purposes, the unsubscription from newsletters etc. More information can be found in the sections What privacy rights do I have? and Contacts.
How to read this privacy notice: We offer several ways for you to read this privacy notice. To begin with, you will find some basic information in this chapter. Then we have divided this data privacy statement into topics that are relevant to you and into corresponding chapters. If you are already a “professional”, you can jump directly to the individual chapters via the selection menu below.
Select chapter
At the beginning of each chapter we have placed a short overview text. This summary text summarizes the contents of the chapter. If you only need an overview of the data processing, we recommend that you read the overview text. If, on the other hand, you would like to know more about the details, you can click on “more” below the corresponding overview text. In this case, the full content of the chapter will be displayed.
We have refrained from cross-referencing as much as possible. As a result, all information is explained in a coherent manner, regardless of the chapter you are reading. However, if you read this privacy statement from beginning to end, you will notice that some texts are repeated. We could therefore not avoid a few cross-references. For example, we have summarized the processing of all country-specific data in a separate chapter and refer to this chapter each time when it comes to the processing of country-specific data.
To which services and offers does this privacy statement apply: The way we process your data at Perfin is the same for most of our offers. This data privacy statement therefore applies to all services and facilities that we offer to our customers in Europe. And this is independent of whether we do this via a website, an app, in our stores, by phone at events or via social networks or other channels. To make the text more understandable, we normally use the term “Services” for this.
However, there are also services, where in exceptional cases we process your data differently or for specific purposes. This may depend on the type of service or country-specific requirements. When it comes to such cases (i.e. “deviations from the normal case”), we call them “service-specific” or “country-specific”.
Please note that Perfin iOS apps released after June 10, 2021 no longer share data with third parties for marketing purposes. In case a specific iOS app still offers features with data sharing with a third party for marketing purposes, your data will only be shared if you click “accept” on an iOS tracking notification.
Finally, it should also be kept in mind that Perfin is not just one company. Perfin is a group and therefore consists of several companies. Not every company offers services or processes your data. Therefore, for the sake of simplicity, only those companies of the Perfin group are mentioned below that are actually involved in processing your data. Therefore, if terms such as ” Perfin “, “we” or “us” are used below, these always refer to the responsible companies of the Perfin group.
Specifically, this means the following Perfin companies
What can you read in this privacy statement:
What data are stored by Perfin.
What we do with your data and why they are needed.
What privacy rights and choices you have.
Which technologies and data we use to personalize and tailor our services and content to provide you with a safe, simple, seamless and individual shopping experience.
What technologies and data we use for advertising, including tracking technology used.
- What data does Perfin process?
Perfin offers several services that you can use in different ways. Depending on whether you get in touch with us online, by phone, in person or in another way, and which services you want to use, we need data from different sources. You provide us with much of the data we process when you use our services or contact us, for example, by registering and entering your name or e-mail address or home address. However, we also receive technical device and access data that is collected by us when you interact with our services. This may include, for example, information about which device you are using. We collect other data through our own analyses of the data (e.g. within the framework of market research and customer reviews). We may also receive information about you from third parties, such as credit reference agencies and payment service providers.
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- What does Perfin use my data for?
Perfin processes your data in compliance with all applicable data protection laws. When processing personal data, we naturally take into account the basic principles of data protection legislation. Therefore, we generally only process your data for the purposes explained to you in this privacy statement or communicated to you when collecting the data. These are primarily data for the processing and delivery of a purchase, personalization and further development, as well as the security of our services. In addition, we use your data within the framework of strict German and European data protection laws, as well as for other purposes such as product development, scientific research (especially in the areas of machine learning, artificial intelligence and deep learning) and market research, for the improvement of business processes, needs-based design of our services and for personalized advertising.
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- Personalized services
The development and availability of personalized features and services for you is our top priority. We offer you an individual shopping experience and an offer that is tailored to your individual interests, irrespective of where you live, when you shop and what devices you use. Therefore, the processing of your data for the personalization of our services is a permanent part of Perfin ‘s activities.
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- Information on websites and apps
We use your data to provide the Perfin websites and apps. Apart from device and access data, which are generated each time this service is used, the type of data processed as well as the processing purposes mainly depends on how you use the functions and services provided for our services. In addition, we use the data generated during the use of our services to find out how our online offerings are used. We use this information, among other things, in connection with personalized shopping, for the improvement of our services and for personalized advertising.
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- Information about fan pages on social media
Perfin maintains accounts on the social media of Facebook and Instagram (so-called “fan pages”). We regularly publish and share content, offers and product recommendations on our fan pages. The operators of the social networks record your user behavior via cookies and similar technologies with each interaction on our fan pages or other Facebook or Instagram websites. Operators of fan pages may see general statistics about the interests and demographic characteristics (e.g., age, gender, region) of visitors to fan pages. If you use social networks, the nature, scope and purposes of processing data from social networks are primarily determined by the operators of the social network.
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- Newsletter
We offer you various newsletters containing
inspirational content such as brand updates, trends, offers, sales, categories;
Reminders e.g. when an item on your wish list has been reduced in price, when there are still items in your shopping cart that you forgot about or when you want to know more about a size;
Surveys e.g. to find out if you like the items you have bought;
personal recommendations of items we think you’ll like, based on your previous purchases and search behavior;
updates from the influencers or brands you follow on our site.
If you have subscribed to the newsletter, you will receive newsletters containing some of the above information (depending on the purpose of your subscription). There are also service-specific newsletters, which are integral to a particular service.
For example, you receive the Perfin Lounge newsletter when you are a member of the Perfin Lounge shopping club. You need a Perfin Lounge newsletter so that you can be informed about short-lived offers and using the benefits of the shopping club.
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- Individual product recommendations by email and push service
In relation to our services, we present information and offers from Perfin based on your interests. You may receive a limited number of individual item recommendations, overviews as well as item viewing requests from us, regardless of whether you have unsubscribed from the newsletter. In accordance with legal requirements, we prefer to use your previous orders to provide you with personalized product recommendations.
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- Vouchers
We use the data submitted in connection with an order for Perfin vouchers to check and process the order and to send and redeem the voucher. This includes the reporting and processing of data related to the use of the voucher, especially for fraud prevention.
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- How does Perfin use my data for advertising?
We and our advertising partners use your data for personalized advertisements that are offered to you through the services of Perfin and on the websites and apps of other providers. For this, we and our advertising partners use common Internet technologies. This allows us to target our advertising more effectively so that we prefer to show you only those advertisements and offers that are actually relevant to you. This allows us to precisely tailor the needs of our users in terms of personalization and discovery of new products and to keep you interested in our services for a long time to come through a personalized shopping experience.
Please note that Perfin iOS apps released after June 10, 2021 no longer share data with third parties for marketing purposes. In case a specific iOS app still offers features with data sharing with a third party for marketing purposes, your data will only be shared if you click “accept” on an iOS tracking notification.
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- Who will my data be passed on to?
Perfin only transfers your data if this is allowed under German and European data protection laws. We work closely with some service providers, such as in the field of customer service (e.g. hotline service providers), with technical service providers (e.g. operation of computer centers) or logistics companies (e.g. courier companies like DHL). These service providers may in principle only process your data on our behalf under special conditions. If we use these commissioned processors, the service providers will only receive access to your data to the extent and for the period necessary to carry out the respective order. When you buy something from a Perfin partner, we transfer certain data about you to the Perfin partner (e.g. your name and your delivery address) so that the Perfin partner can deliver the ordered goods to you.
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- What privacy rights do I have?
You have the following legal privacy rights under the relevant legal conditions: Right to information (Article 15 of the AVG), Right to erasure (Article 17 of the AVG), Right to rectification (Article 16 of the AVG), Right to restriction of processing (Article 18 of the AVG), Right to data portability (Article 20 of the AVG), Right of complaint to a privacy supervisory authority (Article 77 of the AVG), Right to revocation of declarations of consent (Article 7 (3) of the AVG) as well as the right to revoke against certain data processing measures (Article 21 of the AVG). If you wish to exercise your privacy rights, please contact our data protection team at [email protected] at any time. More information can be found in the Contact section.
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- When will my data be deleted?
We will store your personal data for as long as it is necessary for the purposes mentioned in this data protection declaration, in particular to fulfill our contractual and legal obligations. We may also store your personal data for other purposes, for example, as long as the law permits us to store them for certain purposes, including the defense of a legal claim.
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- How does Perfin protect my data?
Your personal data will be securely transferred to us, i.e. encrypted. This applies to your order and also to customer logins. We use the SSL (Secure Socket Layer) encryption system for this purpose. In addition, we secure our websites and other systems by technical and organizational measures against loss, destruction, unauthorized access, alteration or dissemination of your data by unauthorized persons.
- Changes to this Privacy Statement
In connection with the further development of our websites and apps and the implementation of new technologies to improve our services, changes to this privacy statement may be necessary. We therefore recommend that you re-read this privacy statement from time to time.
- Contacts
Under [email protected] nl you can contact our team responsible for our privacy policy at any time for general questions about the privacy policy and the enforcement of your rights.
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- Service-specific information
Our data processing may vary from service to service. Here you can find all the information about the service-specific deviations that exist.
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- Country-specific information
Our data processing may vary from country to country. Here you can find out what country-specific deviations exist.
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- Information about cookies
Here you can see which cookies we use. You can find a complete overview of all cookies used here.