Terms & Conditions

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their 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 delivered in digital form;

Subscription agreement: an agreement that provides for the regular delivery of goods, services, and/or digital content over a specified period;

Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future reference or use for a period that is aligned with the purpose of the information and that allows the unaltered reproduction of the stored information;

Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers remotely;

Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for the remote sale of products, digital content, and/or services, whereby exclusive or partial use is made of one or more means of remote communication until the conclusion of the contract;

Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not need to be provided if the consumer has no right of withdrawal regarding their order;

Means of remote communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same space.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Name of entrepreneur: B Fashion Brands B.V. trading under the name: BENK Fashion & BENK Fashion CURVY
Registered & visiting address: Waterland 10, 1948RK Beverwijk, Netherlands
Phone number: +31 (0)251 316313
Availability: Monday to Friday from 09:00 AM to 5:00 PM
Email: info@benkfashion.com
Chamber of Commerce number: 35029424
VAT identification number: NL806644114B01

ARTICLE 3 – APPLICABILITY

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.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur'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, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon request.

In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the most favorable provision in case of conflicting conditions.

ARTICLE 4 – THE OFFER

The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Each offer contains the necessary information to make it clear to the consumer what rights and obligations are attached to accepting the offer.

ARTICLE 5 – THE AGREEMENT

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out in it.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal limits, gather information about the consumer’s ability to fulfill their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has sound reasons not to enter into the contract, they are entitled to refuse an order or request, with reasons provided, or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that the consumer can store it on a durable medium in an accessible manner: a. The visiting address of the entrepreneur’s business where the consumer can lodge complaints; b. The conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. Information on guarantees and existing after-sales services; d. The price including all taxes of the product, service, or digital content; the delivery costs, if applicable; and the method of payment, delivery, or performance of the distance contract; e. The requirements for terminating the agreement 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 withdrawal form.

In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL

For products:

The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons by sending an email to sales@bfashionbrands.nl. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige them to state their reason(s).

The cooling-off period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer, who is not the carrier, receives 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 them, receives the last product. The entrepreneur may, provided they have informed the consumer clearly prior to the ordering process, refuse an order of multiple products with different delivery times. b. If the delivery of a product consists of various shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or part.

ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD

During the cooling-off period, the consumer must handle the product and packaging carefully. The product should only be unpacked or used to the extent necessary to determine its nature, characteristics, and operation. The starting point is that the consumer may only handle and inspect the product as they would in a store. The articles must be in their original condition and include all labels and price tags.

The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.

The consumer is not liable for any diminished value of the product if the entrepreneur did not provide all legally required information about the right of withdrawal before or at the time of concluding the agreement.

ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF

If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.

As soon as possible, but within 14 days following the notification referred to in paragraph 1, the consumer must return the product or hand it over to the entrepreneur (or their authorized representative). This is not required if the entrepreneur has offered to collect the product themselves. The consumer has met the return deadline if they return the product before the cooling-off period has expired.

The consumer must return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.

ARTICLE 9 - OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL

If the entrepreneur makes electronic notification of withdrawal possible, they must promptly send an acknowledgment of receipt after receiving this notification.

The entrepreneur must reimburse the purchase price of the returned product without delay, but within 14 days following the day on which the consumer notified them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold reimbursement until they have received the product or until the consumer has provided proof of return, whichever comes first.

The entrepreneur must use the same payment method for reimbursement that the consumer used for the initial transaction unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

ARTICLE 10 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly indicated this at the time of the offer or at least in time for the conclusion of the agreement:

Products manufactured according to the consumer's specifications that are not prefabricated and are made based on an individual choice or decision by the consumer, or that are clearly intended for a specific person;

Products that spoil quickly or have a limited shelf life;

Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery.

This document is an English translation of the original Dutch document. In case of any discrepancies between the English and Dutch versions, the Dutch version shall prevail.