General Terms and Conditions

These General Terms and Conditions of Sale (hereinafter the "GTC") govern the contractual relationship between De Parfumeur B.V., acting on behalf of Montale Parfums (hereinafter the "Seller"), and any natural person (hereinafter the "Customer") purchasing perfume products and/or accessories (hereinafter the "Products") of the MONTALE brand (hereinafter the "Brand") through distance selling via the Seller's website, montaleparfums.com (hereinafter the "Website").

Any order placed through the Website constitutes the Customer's unconditional acceptance of these GTC.

Article 1 - Definitions

For the purposes of these Terms:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Withdrawal period: the period during which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuous performance contract: an agreement for the regular supply of goods, services and/or digital content over a specified period;
Durable medium: any instrument - including email - that enables the consumer or trader to store information addressed personally to them in a way accessible for future reference or use for a period appropriate to the purpose of the information, and which allows unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made of one or more means of distance communication up to and including the conclusion of the contract;
Model withdrawal form: the European model withdrawal form included in Appendix I to these Terms. Appendix I does not need to be made available if the consumer has no right of withdrawal in relation to their order;
Means of distance communication: any means that can be used for concluding an agreement, without the consumer and trader having to be simultaneously present in the same place.

Article 2 - Identity of the trader

De Parfumeur B.V.
Lange Delft 133
4331 AM Middelburg
The Netherlands

Visiting address:
Coolsingel 56
3011 AE Rotterdam
The Netherlands

Telephone number: 010 413 5893 (available on business days between 09:00 and 17:00, voicemail is not monitored)

Email address: nederland@montaleparfums.com

Chamber of Commerce number: 80671128
VAT identification number: NL861757208B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
If specific product or service conditions also apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply accordingly and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly 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 enable the consumer to make a proper assessment of the offer. If the trader uses images, these shall be a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer shall not be binding on the trader.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 - The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions attached to it.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader shall observe appropriate security measures.
Within the limits of the law, the trader may assess whether the consumer can meet their payment obligations, as well as all those facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to conclude the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to implementation.
No later than upon delivery of the product, service or digital content, the trader shall provide the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, with the following information:
1. the visiting address of the trader's establishment where the consumer can submit complaints;
2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. information on guarantees and existing after-sales service;
4. the price including all taxes of the product, service or digital content; where applicable the delivery costs; and the method of payment, delivery or performance of the distance contract;
5. the requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period;
6. if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

The consumer may dissolve an agreement relating to the purchase of a product during a withdrawal period of at least 14 days without stating reasons. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to state their reason(s). If you receive your item and notice that it has a defect, report this within 24 hours via nederland@montaleparfums.com.
The withdrawal period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. Provided the trader has clearly informed the consumer of this before the ordering process, the trader may refuse an order of multiple products with different delivery times;
2. if delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
3. in the case of agreements for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by them, received the first product.

For services and digital content not supplied on a tangible medium:

The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during at least 14 days without stating reasons. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to state their reason(s).
The withdrawal period referred to in paragraph 3 starts on the day following the conclusion of the contract. Extended withdrawal period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal: if the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period established in accordance with the previous paragraphs of this article. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original withdrawal period, the withdrawal period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the withdrawal period

During the withdrawal period, the consumer shall handle the product and the packaging with care. They shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
The consumer is only liable for any reduction in value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any reduction in value of the product if the trader has not provided them 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 related costs

If the consumer exercises their right of withdrawal, they shall notify the trader within the withdrawal period by means of the model withdrawal form, by sending an email to nederland@montaleparfums.com, or by any other unequivocal statement. Please note that returns are only permitted in unopened and undamaged packaging. When the consumer informs via nederland@montaleparfums.com that goods are being returned, the consumer receives an automatic email with return instructions. Because this is an automated system, it may happen that these return instructions end up in your junk mail folder. If the consumer unexpectedly does not receive return instructions, it is the consumer's responsibility to contact the seller in time via another method or to return the parcel independently. If this happens later, we provide no guarantee if the return shipment falls outside the stated period.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to the trader (or an authorised representative thereof).
The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The model withdrawal form and the packing slip must be enclosed with the return shipment. Without these items, your return shipment cannot be processed. If this has not been done, the seller must carry out an investigation, in which case administrative costs amounting to 10% will be charged.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer. The seller recommends returning the parcel with a Track and Trace code and keeping the proof of shipment until your return has been processed. If the parcel has been sent without a Track and Trace code or proof of shipment cannot be provided, no guarantee can be given for missing parcels.
The consumer bears the direct costs of returning the product.
If the consumer exercises their right of withdrawal, all supplementary agreements shall be dissolved by operation of law.

Article 9 - Obligations of the trader in the event of withdrawal

If the trader enables the consumer to notify withdrawal electronically, they shall send an acknowledgement of receipt without delay after receiving this notification.
The consumer will be refunded using the same means of payment as that used for the payment, if the payment was made with: iDeal, PayPal, Mistercash/bancontact, Visa Mastercash or via Klarna.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this in the offer, or at least in good time before the conclusion of the contract:

Products or services whose price is subject to fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period.
Service agreements, after full performance of the service, but only if:
1. performance has begun with the consumer's express prior consent; and
2. the consumer has declared that they lose their right of withdrawal once the trader has fully performed the contract.
Products made to the consumer's specifications, which are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
Products which after delivery are, by their nature, irrevocably mixed with other products.
The supply of digital content other than on a tangible medium, but only if:
1. performance has begun with the consumer's express prior consent; and
2. the consumer has declared that they thereby lose their right of withdrawal.

Article 11 - The price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no control, at variable prices. This dependence on fluctuations and the fact that any prices stated are indicative prices shall be stated in the offer.
The prices stated in the offer of products or services include VAT.

Article 12 - Performance of contract and additional guarantee

The seller guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for uses other than normal use.
Any additional guarantee provided by the seller, their supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert against the seller under the contract if the seller has failed to perform their part of the contract.
An additional guarantee means any commitment by the seller, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to provide in the event that they have failed to perform their part of the contract.

Article 13 - Delivery and performance

The seller shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery shall be the address made known by the consumer to the seller. If absent at the place and time of delivery, PostNL has the authority to deliver your parcel elsewhere.
Subject to the provisions set out in Article 4 of these general terms and conditions, the seller shall execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the trader shall reimburse the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 - Continuous performance contracts: duration, termination and renewal

A fixed-term contract concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the contract concerns the regular, but less than monthly, delivery of daily newspapers, newspapers, weekly publications and magazines.

Duration: If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise provided in the contract or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period, or if there is no withdrawal period, within 14 days after the conclusion of the contract. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged under general terms and conditions to make an advance payment of more than 50%. If advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the seller without delay.
If the consumer fails to meet their payment obligation(s) on time, after the seller has pointed out the late payment and the trader has granted the consumer a period of 14 days to still meet their payment obligations, if payment is not made within this 14-day period, statutory interest shall be due on the outstanding amount and the seller is entitled to charge the extrajudicial collection costs incurred. 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 following €5,000, with a minimum of €40. The trader may deviate from the aforementioned amounts and percentages in favour of the consumer.

Article 16 - Complaints procedure

The seller has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Defects must be submitted to the seller within 24 hours after the consumer has received the goods, fully and clearly described, via nederland@montaleparfums.com.
Complaints submitted shall be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the consumer shall be informed within the 14-day period with an acknowledgement of receipt and an indication of when a more detailed reply can be expected.

Article 17 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.