Terms of service
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the seller;
Day: calendar day;
Continuing transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable medium: any means that enables the consumer or seller to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Seller: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract where, within the framework of a system for the distance selling of products and/or services organized by the seller, exclusively one or more techniques for distance communication are used up to and including the conclusion of the contract;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and the seller being in the same room at the same time.
Terms and Conditions: these Terms and Conditions of the seller.
Article 2 – Identity of Guilly
Company name: Guilly underwear
Business address: Salomon Dierkenslaan 15
Email address: info@guilly.nl
Chamber of Commerce (KvK) number: 97564745
VAT identification number; NL868112963B01
Article 3 – Applicability
These terms and conditions apply to every offer made by the seller and to every distance contract and order concluded between the seller and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, that the terms and conditions can be viewed at the seller's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, where the terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.
If specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the contract and the remainder of these terms will remain in force, and the provision in question will be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these terms and conditions must be assessed in accordance with the ‘spirit’ of these terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms must be interpreted in accordance with the ‘spirit’ of these terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The seller is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the seller uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the seller.
All images and specification data in the offer are indicative and cannot give rise to compensation or termination of the contract.
Product images are a truthful representation of the products offered. The seller cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price, excluding customs clearance fees and import VAT. These additional costs are for the account and risk of the customer. With regard to the import, the postal and/or courier service will make use of the special arrangement for postal and courier services. This arrangement applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period during which the seller guarantees the price;
the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
whether the contract will be archived after its conclusion and, if so, how the consumer can consult it;
the manner in which the consumer, before concluding the contract, can check the information they provided in connection with the contract and, if desired, correct it;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the seller has subscribed and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set out therein.
If the consumer has accepted the offer electronically, the seller will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the seller, the consumer may cancel the contract.
If the contract is concluded electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the seller will take appropriate security measures for this purpose.
The seller may – within the legal framework – inform itself whether the consumer can meet their payment obligations, as well as of all facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the seller has good grounds not to enter into the contract, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its performance.
The seller will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the visiting address of the seller's business location where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing after-sales service;
- the information included in Article 4, paragraph 3 of these terms, unless the seller has already provided this information to the consumer before the performance of the contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is entered into subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option of canceling the contract without giving reasons within 14 days. This cooling-off period starts on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the seller.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller. Please note that different rules apply to hygiene products such as underwear, swimwear and socks: the right of withdrawal lapses as soon as the seal (the original plastic packaging) has been broken, see Article 8.
If the consumer wishes to exercise their right of withdrawal, they must notify the seller within 14 days of receiving the product. The consumer must do so by means of a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the seller, the purchase is final.
Article 7 – Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the seller will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.
Exchanges and returns in practice
Does a product not fit, or are you not satisfied? Then please contact us at info@guilly.nl. We always first work with you to find a suitable solution, such as a different size, a different style or a different product. If we cannot reach a solution together, we will discuss another option. Your statutory rights remain fully in effect.
Returns can only be sent to our address in the Netherlands; returning to another country is not possible. You will receive the return address from us when you submit your return request. The costs of the return shipment are borne by the consumer.
Article 8 – Exclusion of the right of withdrawal
The seller may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the seller has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- that have been made by the seller in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that can spoil or become outdated quickly;
- whose price is tied to fluctuations in the financial market over which the seller has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transportation, restaurant services or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which, with the express consent of the consumer, began before the cooling-off period expired;
- relating to bets and lotteries.
Article 9 – The price
Special additional customs clearance fees and/or import duties are not included in the price and are borne by the customer.
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the seller may offer products or services whose prices are tied to fluctuations in the financial market and over which the seller has no influence at variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the seller has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
Pursuant to Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, the place of delivery is the country where transportation begins. In this case, the delivery takes place outside the EU. Accordingly, the postal or courier service will collect import VAT and/or customs clearance fees from the buyer. Therefore, no VAT will be charged by the seller.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the seller is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
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 in force on the date the contract was concluded. If agreed, the seller also guarantees that the product is suitable for other than normal use.
A warranty provided by the seller, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the seller under the contract.
Any defects or incorrectly delivered products must be reported to the seller in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The seller's warranty period corresponds to the manufacturer's warranty period. However, the seller is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the seller and/or those on the packaging;
The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and performance
The seller will exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
Taking into account what is stated in Article 4 of these terms and conditions, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract free of charge and is entitled to any compensation.
In the event of cancellation in accordance with the previous paragraph, the seller will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, the seller will make every effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the seller.
The risk of damage to and/or loss of products rests with the seller until the moment of delivery to the consumer or to a representative designated in advance and made known to the seller, unless expressly agreed otherwise.
Article 12 – Continuing transactions: duration, termination and renewal
Termination
The consumer may terminate a contract that has been entered into for an indefinite period and that relates to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract that has been entered into for a fixed period and that relates to the regular delivery of products (including electricity) or services at any time toward the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
at any time, without being limited to termination at a specific time or during a specific period;
at least in the same manner as they were entered into by them;
always with the same notice period that the seller has stipulated for itself.
Renewal
A contract that has been entered into for a fixed period and that relates to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a contract that has been entered into for a fixed period and that relates to the regular delivery of daily newspapers, news and weekly magazines and periodicals may be tacitly extended for a fixed term of up to three months, if the consumer can terminate this extended contract toward the end of the extension with a notice period of no more than one month.
A contract that has been entered into for a fixed period and that relates to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract relates to the regular, but less than once a month, delivery of daily newspapers, news and weekly magazines and periodicals.
A contract of limited duration for the regular introductory delivery of daily newspapers, news and weekly magazines and periodicals (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
The consumer is obliged to report any inaccuracies in payment details provided or stated to the seller without delay.
In the event of non-payment by the consumer, the seller has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted to the seller, fully and clearly described, within 7 days after the consumer has discovered the defects.
Complaints submitted to the seller will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the seller will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the seller's obligations, unless the seller indicates otherwise in writing.
If a complaint is found to be justified by the seller, the seller will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the seller and the consumer to which these terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
Article 16 – CESOP
Due to the measures introduced and tightened as of 2024 regarding the ‘Amendment of the Dutch Turnover Tax Act 1968 (Act implementing the Payment Service Providers Directive)’ and the associated implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.