Terms of service

Article 1 – Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

  1. Dutch Design Brand: Dutch Design Brand B.V., the company offering products through www.dutchdesignbrand.com.

  2. Consumer: A natural person who makes a purchase for purposes outside their trade, business or profession.

  3. Agreement: The distance contract concluded between Dutch Design Brand and the consumer.

  4. Product: An item offered for sale by Dutch Design Brand.

  5. Withdrawal period: The period during which the consumer may exercise their statutory right of withdrawal.

  6. Right of withdrawal: The consumer's right to withdraw from a distance contract within the statutory withdrawal period without giving any reason.

  7. Day: A calendar day.

Article 2 – Company Information

Dutch Design Brand B.V.
Scheepmakersdijk 3
2011 AS Haarlem
The Netherlands

Email: info@dutchdesignbrand.com
Telephone: +31 (0)23 525 14 00
Website: https://www.dutchdesignbrand.com

Dutch Chamber of Commerce (KvK) registration number: 34387766
VAT identification number: NL860363296B01

Article 3 – Applicability

  1. These Terms and Conditions apply to all offers and agreements entered into directly between Dutch Design Brand and consumers through its online store.

  2. Before an agreement is concluded, these Terms and Conditions will be made available electronically in a manner that allows the consumer to save or print them easily.

  3. If specific conditions apply to certain products in addition to these Terms and Conditions, these will be clearly communicated before the order is placed.

  4. If any provision of these Terms and Conditions conflicts with mandatory consumer protection law, the applicable statutory provision will prevail. The remaining provisions will remain in effect.

  5. Separate arrangements or terms may apply to business orders. The statutory consumer rights described in these Terms and Conditions apply exclusively to consumers.

Article 4 – Offers and the Agreement

  1. Dutch Design Brand aims to provide descriptions of its products that are as complete and accurate as possible, including relevant features, dimensions and materials.

  2. Product images are intended to represent the products as accurately as possible. Minor colour differences may occur due to variations in screen settings.

  3. Obvious mistakes or clearly recognisable errors in prices or product information are not binding on Dutch Design Brand where the consumer could reasonably have been expected to recognise the error.

  4. The agreement is concluded when the consumer places an order and meets the applicable conditions.

  5. Dutch Design Brand will confirm the order by email as soon as possible. The consumer will also receive the legally required information on a durable medium.

  6. If an ordered product unexpectedly becomes unavailable, Dutch Design Brand will contact the consumer to discuss an appropriate solution. If delivery is not possible and the agreement is cancelled, any payments already made will be refunded within the statutory period.

  7. Dutch Design Brand may refuse an order where there is a justified reason, such as reasonable grounds to suspect fraud. The consumer will be informed accordingly, and any payments already made will be refunded where applicable.

Article 5 – Prices and Payment

  1. All prices displayed to consumers in the online store include the applicable VAT, unless expressly stated otherwise.

  2. Any shipping charges and other additional costs will be clearly displayed before the order is completed.

  3. The price agreed upon when the order is placed will apply to the agreement, except in the case of obvious errors as referred to in Article 4.

  4. Payment must be made using one of the payment methods offered during checkout.

  5. Consumers cannot be required to make an advance payment exceeding the amount permitted by applicable law. Dutch Design Brand offers payment options in accordance with the relevant statutory requirements.

  6. In the event of late payment, the consumer will first be notified in accordance with applicable law and, where legally required, given an opportunity to make payment before any debt collection costs are charged.

Article 6 – Delivery and Shipping

  1. Dutch Design Brand handles all orders with the utmost care.

  2. Orders will be delivered to the address provided by the consumer during checkout.

  3. The estimated delivery time will be indicated in the online store or during checkout. Unless a different delivery period has been agreed, delivery will take place no later than 30 days after the agreement has been concluded.

  4. If delivery is delayed, Dutch Design Brand will inform the consumer as soon as possible. The consumer retains all statutory rights relating to late delivery, including the right to terminate the agreement where the applicable legal conditions are met.

  5. If delivery becomes permanently impossible, any payments already made will be refunded in accordance with applicable law.

  6. The risk of loss of or damage to the product remains with Dutch Design Brand until the product has been received by the consumer or a third party designated by the consumer, other than the carrier. The statutory exception where the consumer independently arranges a carrier not offered by Dutch Design Brand remains applicable.

  7. Different delivery times and shipping rates may apply to international orders. These will be communicated before the order is placed.

Article 7 – Right of Withdrawal and Cooling-off Period

  1. When purchasing products through our online store, consumers generally have the right to withdraw from the agreement within 14 days without giving any reason.

  2. The withdrawal period begins on the day following receipt of the product by the consumer or a third party designated by the consumer, other than the carrier.

  3. If an order consists of several products delivered separately, the withdrawal period begins on the day following receipt of the final product. If a product is delivered in several parts, the withdrawal period begins on the day following receipt of the final part.

  4. During the withdrawal period, the consumer may unpack, inspect and assess the product in the same way as would be possible in a physical shop.

  5. The consumer must handle the product and its packaging with care. If the product has been handled beyond what is necessary to establish its nature, characteristics and functioning, the consumer may be liable for any resulting reduction in value, to the extent permitted by law.

  6. The absence of the original packaging does not affect the consumer's right of withdrawal.

Article 8 – Exercising the Right of Withdrawal and Returning Products

  1. The consumer may exercise the right of withdrawal within the statutory withdrawal period by informing Dutch Design Brand of their decision through an unequivocal statement.

  2. This can be done in several ways, including:

    • Through the online withdrawal function on our website;

    • By email to info@dutchdesignbrand.com;

    • Through the returns portal on our website;

    • By using the model withdrawal form provided at the end of these Terms and Conditions;

    • Or by submitting another clear statement to Dutch Design Brand.

  3. Use of the returns portal or model withdrawal form is not compulsory. To meet the withdrawal deadline, it is sufficient for the consumer to send their withdrawal statement before the withdrawal period expires.

  4. When the consumer exercises the right of withdrawal through the online withdrawal function, they will receive an electronic acknowledgement of receipt containing the information required by law.

  5. Following notification of withdrawal, the consumer must return the products without undue delay and in any event within 14 days. The deadline is met if the products are dispatched before the end of this 14-day period.

  6. Returns can be registered through the Dutch Design Brand returns page. Return instructions are provided there. For questions about the return address, consumers may contact info@dutchdesignbrand.com.

  7. Return address:

    Monta
    Weide 30
    4206 CJ Gorinchem
    The Netherlands

  8. The direct costs of returning products are borne by the consumer, unless Dutch Design Brand states otherwise or is legally required to cover these costs.

  9. If a product has been delivered incorrectly, is damaged or is defective, and Dutch Design Brand is responsible, Dutch Design Brand will cover the necessary costs of providing an appropriate remedy.

Article 9 – Refunds Following Withdrawal

  1. If the consumer withdraws from the entire order, Dutch Design Brand will refund all payments received from the consumer, including the original standard delivery charges.

  2. Any additional charges resulting from the consumer choosing a more expensive delivery method than the standard delivery option offered do not have to be refunded.

  3. In the event of partial withdrawal from an order, the original shipping charges do not have to be refunded unless required by law.

  4. Refunds will be made without undue delay and no later than 14 days after Dutch Design Brand receives the consumer's withdrawal notification.

  5. Dutch Design Brand may withhold the refund until the returned products have been received or the consumer has provided evidence that the products have been sent back, whichever occurs first.

  6. Refunds will be made using the same payment method used for the original transaction, unless the consumer expressly agrees to another method. No fees will be charged to the consumer for the refund.

  7. Any reduction in value resulting from handling the product beyond what is necessary to assess it may be deducted in accordance with applicable law.

Article 10 – Exceptions to the Right of Withdrawal

  1. The statutory right of withdrawal does not apply to products for which a legal exception applies.

  2. This may include, in particular, products made to the consumer's individual specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly personalised for a specific person.

  3. Selecting a standard product from the existing range, for example in a particular colour, design or size, does not in itself exclude the right of withdrawal.

  4. Where a statutory exception to the right of withdrawal applies to a product, this will be clearly communicated before the order is placed.

  5. These exceptions do not affect the consumer's statutory rights in relation to defective or incorrectly delivered products.

Article 11 – Statutory Consumer Guarantees and Conformity

  1. Dutch Design Brand ensures that the products supplied conform to the agreement, the stated product specifications and the characteristics that consumers may reasonably expect from those products.

  2. All products are covered by the applicable statutory consumer rights relating to conformity and defective goods.

  3. In the Netherlands, statutory consumer guarantees are not subject to a single fixed period applicable to all products. Whether a product conforms to the agreement depends on factors including the nature of the product, its price, any representations made and its reasonably expected lifespan.

  4. If a product does not conform to the agreement, the consumer is entitled to the remedies provided by law, including repair or replacement free of charge and, where the statutory conditions are met, a price reduction or termination of the agreement.

  5. Any additional commercial guarantee provided by Dutch Design Brand or the manufacturer does not affect the consumer's statutory rights.

  6. Consumers are requested to report any defect as soon as reasonably possible after discovering it by contacting info@dutchdesignbrand.com. Under Dutch consumer sales law, a defect reported within two months of discovery is in any event considered to have been reported in time.

  7. The absence of the original packaging does not restrict the consumer's statutory rights relating to defective products.

  8. Damage caused by improper use, careless handling or alterations for which Dutch Design Brand is not responsible is not covered by the statutory conformity obligation insofar as the defect was caused by such circumstances.

Article 12 – Complaints and Customer Service

  1. Dutch Design Brand is committed to customer satisfaction and handles complaints with care.

  2. Complaints concerning products, orders or the performance of the agreement may be submitted by email to info@dutchdesignbrand.com.

  3. Consumers are encouraged to include their order number and a clear description of the complaint. In cases involving damage or defects, photographs may help us assess and resolve the issue more quickly.

  4. Dutch Design Brand will respond within 14 days of receiving a complaint. If more time is needed to investigate or resolve the issue, the consumer will receive an acknowledgement within this period, together with an indication of when a more detailed response can be expected.

  5. Dutch Design Brand aims to resolve complaints amicably and in consultation with the consumer.

  6. If a complaint cannot be resolved by mutual agreement, the consumer retains the right to refer the dispute to a court with jurisdiction under applicable law or, where applicable, to a competent alternative dispute resolution body.

  7. The consumer's statutory rights remain unaffected at all times.

Article 13 – Governing Law and Disputes

  1. Agreements between Dutch Design Brand and consumers are governed by Dutch law.

  2. This choice of law does not deprive consumers of the protection afforded to them by the mandatory provisions of the law of the country in which they habitually reside, insofar as those provisions apply under the relevant rules of private international law.

  3. Disputes may be brought before a court having jurisdiction under the applicable legal provisions.

  4. Dutch Design Brand prefers to resolve any disputes amicably before pursuing formal legal proceedings.

Article 14 – Miscellaneous Provisions

  1. Dutch Design Brand may amend these Terms and Conditions from time to time. The amended Terms and Conditions apply to agreements entered into after the effective date of the new version. Agreements already concluded remain subject to the Terms and Conditions agreed upon at the time of purchase, unless otherwise validly agreed.

  2. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in effect.

  3. Any deviations from these Terms and Conditions will apply only if expressly agreed. Such agreements must not conflict with mandatory consumer protection rights.

  4. Personal data is processed in accordance with the Dutch Design Brand Privacy Policy, available at www.dutchdesignbrand.com.

  5. Our online store is hosted by Shopify. Shopify processes personal data when visitors use our online store or place orders. Depending on the features enabled, Shopify may combine data about interactions with our online store with data from other Shopify services and stores, for example for personalisation, analytics, security and relevant advertising. In this context, data may be shared with Shopify and other service providers, including outside the European Economic Area, in accordance with applicable data protection legislation. More information about this data processing and the available privacy rights can be found in our Privacy Policy.

Appendix – Model Withdrawal Form

Complete and return this form only if you wish to withdraw from the agreement. Use of this form is optional. You may also withdraw by email or through the online withdrawal function.

To:
Dutch Design Brand B.V.
Scheepmakersdijk 3
2011 AS Haarlem
The Netherlands
info@dutchdesignbrand.com

I/We () hereby give notice that I/we () withdraw from my/our (*) contract of sale for the following goods:

Product(s):
....................................................................

Order number:
....................................................................

Ordered on () / Received on ():
....................................................................

Name of consumer(s):
....................................................................

Address of consumer(s):
....................................................................

Email address:
....................................................................

Signature of consumer(s):
....................................................................
(Only required if this form is submitted on paper)

Date:
....................................................................

(*) Delete as appropriate.