TERMS & CONDITIONS

E-mail: info@ourpinkypromises.com

Website: https://www.ourpinkypromises.com

 

Definitions

 

Pinky Promises: Pinky Promises, established in Amsterdam under Chamber of Commerce no. 83787992.

Customer: the person with whom Pinky Promises has entered into an agreement.

Parties: Pinky Promises and customer together.

Consumer: a customer who is also an individual and who acts as a private person

 

 

Applicability of general terms and conditions

 

  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Pinky Promises.

  2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.

  3. The parties exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties expressly.

 

Prices Samples and models

 

 

  1. All prices that Pinky Promises uses are in euros, include VAT and exclude any other costs such as:  administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.

  2. All prices that Pinky Promises uses for its products, on its website or which are otherwise made known, Pinky Promises may change at any time.

  3. Increases in the cost prices of products or parts thereof, which Pinky Promises could not foresee at the time of making the offer or the conclusion of the agreement may give rise to price increases.

  4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

 

Samples and models

 

If the customer has received a sample or model of a product, he can not claim any other rights then derive that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

 

Payments and payment term

 

  1. Pinky Promises is allowed to make a down payment of up to 50% of the agreed amount when entering into the agreement desire.

  2. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally is in default and in default, without Pinky Promises having to send the customer a reminder or being in default set.

  3. Pinky Promises reserves the right to make a delivery conditional on immediate payment or require a security for the total amount of the services or products.

Consequences of not paying on time

 

  1. If the customer does not pay within the agreed term, Pinky Promises is entitled to ask the statutory interest of 2% per month for non-commercial transactions to be charged from the day the customer is in default, where part of a month is counted as a whole month.

  2. If the customer is in default, he is also liable for extrajudicial collection costs and any compensation owed to Pinky Promises.

  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. 

  4. If the customer does not pay on time, Pinky Promises may suspend its obligations until the customer meets his payment obligation.

  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Pinky Promises to the customer immediately due and payable.

  6. If the customer refuses to cooperate in the implementation of the agreement by Pinky Promises, he is still always obliged to pay the agreed price to Pinky Promises.

 

Right of advertising

 

  1. As soon as the customer is in default, Pinky Promises is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer. 

  2. Pinky Promises invokes the right of advertising by means of a written or electronic communication. 

  3. As soon as the customer has been informed of the invoked right of advertising, the customer must return the products where this is the case right pertains to, immediately return it to Pinky Promises, unless the parties agree otherwise to make. 

  4. The costs for the return or return of the products are for the account of the customer

 

Right of withdrawal

 

  1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason provided that: 

 

  • the product has not been used

  • it is not a product that can spoil quickly, such as food or flowers

  • it is not a product that has been tailor-made or modified especially for the consumer

  • it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)

  • the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)

  • the product or service is not accommodation, travel, restaurant business, transport, catering assignment or form of leisure concerns

  • the product is not a loose magazine or newspaper

  • the consumer has not waived his right of withdrawal

 

  1. The reflection period of 14 days as referred to in paragraph 1 starts:

 

  • on the day after the consumer has received the last product or part of 1 order 

  • as soon as the consumer has confirmed that he will purchase digital content via the internet

 

  1. The consumer can make his appeal to the right of withdrawal known via info@ourpinkypromises.com, if desired using the withdrawal form available through the Pinky Promises website, https://www. ourpinkypromises.com, can be downloaded.

  2. The consumer is obliged to return the product within 14 days after making known his right of withdrawal.  Otherwise, he will loose his right of withdrawal.

Reimbursement of delivery costs

 

  1. If the consumer has made use of his right of withdrawal in a timely manner and as a result the full order is returned to Pinky Promises, Pinky Promises will refund the payment of shipping costs paid by the consumer within 14 days after receipt of the timely and fully returned order. 

  2. The costs for delivery will only be borne by Pinky Promises insofar as the entire order is processed returned.

 

Reimbursement return costs

 

If the consumer invokes his right of withdrawal and returns the complete order in a timely manner, then the costs for returning the entire order will be borne by the consumer. 

 

Right of suspension

 

Unless the customer is a consumer, the customer waives the right to suspend performance of any of these suspend the obligation arising from the agreement.

 

Right of retention

 

  1. Pinky Promises can invoke its right of retention and in that case keep products of the customer in its possession, until the customer has paid all outstanding bills with regard to Pinky Promises, unless the customer has provided adequate security for those costs.

  2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments is up to Pinky Promises.

  3. Pinky Promises is never liable for any damage that the customer may suffer as a result of the exercise its right of retention.

 

Settlement

 

Unless the customer is a consumer, the customer waives his right to owe any debt to Pinky Promises set off against a claim against Pinky Promises.

 

Retention of title

 

  1. Pinky Promises remains the owner of all delivered products until the customer has fully complied with all his payment obligations with regard to Pinky Promises on the basis of what has been concluded with Pinky Promises contract whatsoever, including claims for failure to perform.

  2. Until then, Pinky Promises can invoke its retention of title and take back the items.

  3. Before ownership has passed to the customer, the customer may not pledge, sell or dispose of the products or otherwise object.

  4. If Pinky Promises invokes its retention of title, the agreement is considered dissolved and has Pinky Promises the right to claim damages, lost profits and interest.

 

Delivery

 

  1. Delivery takes place while stocks last.

  2. Delivery takes place at Pinky Promises, unless the parties have agreed otherwise.

  3. Delivery of products ordered online takes place at the address indicated by the customer.

  4. If the agreed amounts are not paid or are not paid on time, Pinky Promises has the right to obligations until the agreed part has been paid.

  5. In the event of late payment, there is default by creditors, with the result that the customer can not object a late delivery by Pinky Promises.

 

Delivery time

 

  1. The delivery times specified by Pinky Promises are indicative and do not give the customer any right if they are exceeded to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.

  2. The delivery time starts at the moment that the customer has completely completed the (electronic) ordering process and that has received an (electronic) confirmation from Pinky Promises.

  3. Exceeding the specified delivery time does not entitle the customer to compensation, nor the right to to dissolve the agreement, unless Pinky Promises has not been notified in writing within 14 days can deliver or the parties have agreed otherwise.

 

Actual delivery

 

The customer must ensure that the actual delivery of the products ordered by him can be done on the taken place.

 

Transportation costs

 

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

 

Packing and Shipping

 

  1. If the packaging of a delivered product is opened or damaged, the customer must receipt, to have a note drawn up by the forwarder or delivery person, failing which Pinky Promises cannot be held liable for any damage. If the customer takes care of the transport of a product himself, he must report any visible damage

  2. If the customer takes care of the transport of a product himself, he must report any visible damage products or the packaging to Pinky Promises prior to transport, failing which Pinky Promises cannot be held liable for any damage.

 

 

Storage

 

  1. If the customer does not accept ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer. 

  2. Any additional costs as a result of early or late purchase of products will be borne in full from the customer.

 

Guarantee

 

  1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.

  2. The warranty does not apply in the case of normal wear and tear and damage caused by accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined. 

  3. The risk of loss, damage or theft of the products that are the subject of an agreement between parties, transfers to the customer at the time when these are legally and/or factually delivered, at least in the power of the customer or of a third party who takes delivery of the product on behalf of the customer.

 

exchange

 

  1. Exchanging purchased items is only possible if the following conditions are met:

 

  • exchange takes place within 14 days after purchase against presentation of the original invoice

  • the product is returned in its original packaging or with the original (price) still attached tickets

  • the product has not yet been used

 

  1. Discounted items, non-perishable items such as foodstuffs, custom-made items or especially for the customer customized items cannot be exchanged. 

 

Disclaimer

 

 The customer indemnifies Pinky Promises against all third-party claims related to the Pinky Promises delivered products and/or services.

 

Complaints

 

  1. The customer must examine a product or service provided by Pinky Promises as soon as possible for any shortcomings.

  2. Does a delivered product or service not comply with what the customer reasonably expects from the agreement? The customer must inform Pinky Promises therefore as soon as possible, but in any case within 1 month after discovery of the shortcomings.

  3. Consumers must submit Pinky Promises within 2 months after discovery of the shortcomings to notify.

  4. The customer provides as detailed a description as possible of the shortcoming, so that Pinky Promises able to respond appropriately.

  5. The customer must demonstrate that the complaint relates to an agreement between the parties.

  6. If a complaint relates to ongoing work, this cannot in any case lead to Pinky Promises be held to perform other work than has been agreed.

 

Notice of default

 

  1. The customer must notify Pinky Promises of any notice of default in writing. 

  2. It is the customer's responsibility that a notice of default Pinky Promises is actually (timely) reaches.

 

Joint and several liability customer

 

 If Pinky Promises enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to Pinky Promises under that agreement.

 

 

 Liability Pinky Promises

 

  1. Pinky Promises is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.

  2. If Pinky Promises is liable for any damage, it is only liable for direct damage that arises from or is related to the performance of an agreement.

  3. Pinky Promises is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.

  4. If Pinky Promises is liable, this liability is limited to the amount paid by a closed (professional) liability insurance is paid out and in the absence of (full) payment by a insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.

  5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Expiration period

 

Any right of the customer to compensation from Pinky Promises expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Civil Code. 

 

Right to dissolution

 

  1. The customer has the right to dissolve the agreement if Pinky Promises imputably fails in the fulfillment of its obligations, unless this shortcoming, due to its special nature or minor significance, does not justify dissolution.

  2. If the fulfillment of the obligations by Pinky Promises is not permanently or temporarily impossible, dissolution is possible only take place after Pinky Promises is in default.

  3. Pinky Promises has the right to dissolve the agreement with the customer if the customer doesn’t fulfills his obligations under the agreement in full or on time, or if Pinky Promises has taken cognizance of circumstances that give him good grounds to fear that the customer will not be able to fulfill his obligations properly fulfill.

 

 

Force majeur

 

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming on the part of Pinky Promises in the fulfillment of any obligation towards the customer cannot be attributed to Pinky Promises in a of the will of Pinky Promises independent situation, preventing the fulfillment of its obligations to the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected from Pinky Promises.

  2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as: civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 

  3. If a force majeure situation occurs as a result of which Pinky Promises cannot fulfill 1 or more obligations to the customer then those obligations will be suspended until Pinky Promises can meet them again.

  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing.

  5. Pinky Promises does not owe any (damage) compensation in a force majeure situation, even if it is as a result benefits from the force majeure situation.

 

Amendment of the agreement

  1. If after the conclusion of the agreement for its implementation it appears necessary to change its content or supplement, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

  2. The previous paragraph does not apply to products purchased in a physical store.

 

 

Change of terms and conditions

 

  1. Pinky Promises is entitled to change or supplement these general terms and conditions.

  2. Minor changes can be made at any time.

  3. Pinky Promises will discuss major substantive changes with the customer in advance as much as possible.

  4. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions say.

 

 

Transfer of rights

 

  1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the Pinky Promises' prior written consent.

  2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2), Civil Code.

 

Consequences of nullity or voidability

 

  1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this affects the other provisions of these terms and conditions.

  2. In that case, a provision that is null or voidable will be replaced by a provision that is closest to it comes from what Pinky Promises had in mind when drafting the conditions on that point.

 

Applicable law and competent court

 

  1. Only Dutch law applies to every agreement between the parties.

  2. The Dutch court in the district where Pinky Promises is located / has its practice / has its office is exclusively authorized to take cognizance of any disputes between the parties, unless otherwise required by law prescribes.

 

 

 

Prepared on 04 December 2021.