Terms of service

General Terms and Conditions Laundique

Index

Article 1 – Definitions
Article 2 – Identity of Laundique
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the withdrawal period
Article 8 – Exercise of the right of withdrawal and related costs
Article 9 – Obligations of Laundique in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance of the contract and extra guarantee
Article 13 – Delivery and execution
Article 14 – Long-term contracts: duration, termination and renewal
Article 15 – Payment
Article 16 – Use and safety of the product
Article 17 – Complaints procedure
Article 18 – Disputes
Article 19 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these products, digital content and/or services are supplied by Laundique or by a third party on the basis of an arrangement between that third party and Laundique.
Withdrawal period: the period within which the consumer can exercise the right of withdrawal.
Consumer: a natural person whose acts are not carried out for purposes relating to a trade, business, craft or profession.
Day: calendar day.
Digital content: data that are produced and supplied in digital form.
Long-term contract: a contract that provides for the regular supply of goods, services and/or digital content over a specified period.
Durable medium: any tool – including email – that enables the consumer or Laundique to store information addressed personally to them in a way that allows future consultation or use during a period that is appropriate to the purpose of the information, and which allows the unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the withdrawal period.
Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance.
Distance contract: a contract between Laundique and the consumer concluded within the framework of an organised system for distance selling of products, digital content and/or services, whereby exclusive or additional use is made of one or more means of distance communication up to and including the moment the contract is concluded.
Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions. Appendix I does not need to be made available if the consumer has no right of withdrawal in respect of the order.
Means of distance communication: any means that can be used for the conclusion of a contract without the consumer and Laundique having to be together in the same place at the same time.

Article 2 – Identity of Laundique

Name of entrepreneur: Soumaya Bouhdaid, trading under the name Laundique
Registered address: Lage Ham 190, 5102 AE Dongen, the Netherlands
Telephone number: +31 6 34983260
Availability: Monday to Friday, 10:00 – 18:00 (CET)
Email address: info@laundique.nl
Chamber of Commerce number: 97391344
VAT identification number: NL005267004B64

Article 3 – Applicability

These general terms and conditions apply to every offer made by Laundique and to every distance contract concluded between Laundique 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, Laundique will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at Laundique’s premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer’s 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 may be supplied to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, Laundique will indicate, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer, at the consumer’s request, either electronically or in another way.
If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy and, in the event of conflicting conditions, the consumer may always rely on the provision that is most favourable to the consumer.

Article 4 – The offer

If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly 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 Laundique uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind Laundique.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting 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 meets the applicable conditions.
If the consumer has accepted the offer by electronic means, Laundique shall immediately confirm receipt of acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by Laundique, the consumer may dissolve the contract.
If the contract is concluded electronically, Laundique shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall provide a secure web environment. If the consumer is able to pay electronically, Laundique shall observe appropriate security measures.
Within statutory limits, Laundique may obtain information on whether the consumer can meet their payment obligations, as well as on all facts and factors that are important for responsibly concluding the distance contract. If, on the basis of this investigation, Laundique has good grounds not to conclude the contract, Laundique is entitled, with reasons, to refuse an order or application or to attach special conditions to its performance.
No later than upon delivery of the product, service or digital content, Laundique shall provide the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the following information:
a. the office address of Laundique’s establishment where the consumer can lodge complaints
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded
c. information on guarantees and existing after-sales service
d. the price including all taxes of the product, service or digital content, insofar as applicable the costs of delivery, and the method of payment, delivery or performance of the distance contract
e. the requirements for terminating the contract 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 long-term contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products

The consumer may dissolve a contract relating to the purchase of a product during a withdrawal period of at least 14 days without giving any reasons. Laundique may ask the consumer for the reason for the withdrawal, but may not oblige the consumer to state the reason(s).
For products supplied by Laundique that consist of laundry perfume, the right of withdrawal can only be exercised if the product is unopened and fully sealed. The consumer may open the shipping box and inspect the closed bottle, but the product may not be opened in any way. The cap may not be unscrewed and the seal may not be broken. The label placed over or on the cap forms part of the seal. Once the cap has been opened or the seal has been broken, the right of withdrawal lapses, because the product can no longer be supplied again due to hygiene reasons and the risk of leakage. A product whose seal has been broken or where it is visible that the bottle has been opened cannot be returned.
The withdrawal period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in a single order: the day on which the consumer, or a third party designated by the consumer, has received the last product. Laundique may, provided that Laundique clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times
b. if the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last consignment or the last part
c. in the case of contracts for the regular delivery of products over a given period: the day on which the consumer, or a third party designated by the consumer, has received the first product

For services and digital content not supplied on a tangible medium

The consumer may dissolve a service contract and a contract for the supply of digital content that is not supplied on a tangible medium for at least 14 days without giving any reasons. Laundique may ask the consumer for the reason for the withdrawal, but may not oblige the consumer to state the reason(s).
The withdrawal period referred to in paragraph 3 starts on the day following the conclusion of the contract.

Extended withdrawal period if Laundique does not inform about the right of withdrawal

If Laundique has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period as determined in accordance with the previous paragraphs of this article.
If Laundique provides the information referred to in the previous paragraph to the consumer within twelve months of 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 its packaging with care. The consumer may open the shipping box and inspect the product in its closed state. Because laundry perfume is a sealed product that, for hygiene reasons, cannot be returned once it has been opened, the consumer may not open the bottle or unscrew the cap. The product may only be handled in the same way as would be allowed in a physical shop.
The consumer is liable for any reduction in the value of the product that results from handling the product in a way that goes beyond what is permitted. Once the seal has been broken or the product is visibly opened, the right of withdrawal lapses and the product cannot be returned.
The consumer is not liable for any reduction in the value of the product if Laundique has not provided all legally required information about the right of withdrawal before or at the time of the conclusion of the contract.

Article 8 – Exercise of the right of withdrawal and related costs

If the consumer wishes to make use of the right of withdrawal, the consumer shall notify Laundique of this within the withdrawal period by means of the model withdrawal form or by means of another unequivocal statement addressed to Laundique.
As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to an authorised representative of Laundique. This is not required if Laundique has offered to collect the product. The consumer has complied with the return period in any case if the consumer sends the product back before the withdrawal period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Laundique. For products supplied by Laundique that consist of laundry perfume, return is only possible if the seal is completely intact. Products for which the seal has been broken or whose cap has been unscrewed will not be accepted as returns. The consumer must send the product back in proper packaging to prevent leakage.
The risk and the 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 Laundique has not stated that the consumer must bear these costs, or if Laundique indicates that it will bear these costs itself, the consumer does not have to bear the costs of return.
If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity begins during the withdrawal period, the consumer shall owe Laundique an amount that is proportional to that part of the obligation which Laundique has fulfilled at the time of withdrawal, compared with the full performance of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. Laundique has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or
b. the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity or district heating during the withdrawal period
The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:
a. the consumer has not expressly agreed, prior to delivery, to the commencement of performance of the contract before the end of the withdrawal period
b. the consumer has not acknowledged losing the right of withdrawal upon granting consent, or
c. Laundique has failed to confirm this declaration by the consumer
If the consumer exercises the right of withdrawal, all supplementary contracts are automatically dissolved by operation of law.

Article 9 – Obligations of Laundique in case of withdrawal

If Laundique enables the consumer to declare the withdrawal electronically, Laundique shall send an acknowledgement of receipt of this declaration without delay after receiving it.
Laundique shall reimburse all payments made by the consumer, including any delivery costs charged by Laundique for the returned product, without undue delay and in any event no later than 14 days from the day on which the consumer notifies Laundique of the withdrawal. Unless Laundique offers to collect the product itself, Laundique may withhold reimbursement until Laundique has received the product or the consumer has supplied evidence of having sent back the product, whichever occurs first.
Laundique shall use the same means of payment for reimbursement that the consumer used for the original transaction, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer chose a more expensive method of delivery than the cheapest standard delivery, Laundique is not obliged to reimburse the additional costs of the more expensive method.

Article 10 – Exclusion of the right of withdrawal

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

Products or services whose price depends on fluctuations in the financial market that are beyond Laundique’s control and which may occur within the withdrawal period.
Contracts concluded at a public auction. A public auction is a sales method in which products, digital content and/or services are offered by Laundique to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services.
Service contracts after the full performance of the service, but only if:
a. performance has begun with the consumer’s explicit prior consent, and
b. the consumer has declared that they lose the right of withdrawal once Laundique has fully performed the contract
Package travel as referred to in Section 7:500 of the Dutch Civil Code and contracts of passenger transport.
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and not for residential purposes, goods transport, car rental services or catering.
Contracts relating to leisure activities, if the contract provides for a specific date or period of performance.
Products manufactured according to the consumer’s specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
Products that are liable to deteriorate or expire rapidly.
Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery. This explicitly includes laundry perfume bottles supplied by Laundique. If the cap has been opened or the safety label on the cap has been broken, the product can no longer be returned.
Products which, after delivery, by their nature, are irrevocably mixed with other items.
Alcoholic beverages whose price was agreed upon at the time of conclusion of the contract, but delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market over which Laundique has no influence.
Sealed audio or video recordings and computer software, if the seal has been broken after delivery.
Newspapers, periodicals or magazines, with the exception of subscriptions to these.
The supply of digital content other than on a tangible medium, but only if:
a. performance has begun with the consumer’s explicit prior consent, and
b. the consumer has declared that they thereby lose the right of withdrawal

Article 11 – The price

During the period of validity stated in the offer, the prices of the products and services offered will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, Laundique may offer products or services with variable prices, in cases where these prices are subject to fluctuations in the financial market that are beyond Laundique’s control. The offer shall refer to this link with fluctuations and to the fact that any prices mentioned are recommended prices.
Price increases within three months after the conclusion of the contract are only allowed if they result from statutory regulations or provisions.
Price increases more than three months after the conclusion of the contract are only allowed if Laundique has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract as of the day on which the price increase takes effect
The prices stated in offers of products or services include VAT.

Article 12 – Performance of the contract and extra guarantee

Laundique guarantees that the products and services comply with the contract, with the specifications stated in the offer, with reasonable requirements of soundness and usability, and with the statutory provisions and/or government regulations in force on the date of conclusion of the contract. If agreed, Laundique also guarantees that the product is suitable for use other than normal use.
Any extra guarantee provided by Laundique, its supplier, manufacturer or importer shall never limit the legal rights and claims the consumer may enforce against Laundique under the contract if Laundique fails to fulfil its part of the contract.
An extra guarantee means any undertaking by Laundique, its supplier, importer or manufacturer under which the consumer is granted rights or claims in addition to those provided by law in the event that Laundique fails to fulfil its part of the contract.

Article 13 – Delivery and execution

Laundique shall exercise the greatest possible care when receiving orders for products and when executing such orders and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to Laundique.
Subject to what is stated in Article 4 of these general terms and conditions, Laundique shall execute accepted orders with due speed but at least within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer shall be notified of this no later than 30 days after the consumer has placed the order. In such a case, the consumer has the right to dissolve the contract free of charge and may be entitled to compensation.
After dissolution in accordance with the previous paragraph, Laundique shall refund the amount paid by the consumer without delay.
The risk of damage to and/or loss of products rests with Laundique until the moment of delivery to the consumer or a representative previously designated by the consumer and notified to Laundique, unless expressly agreed otherwise.
The consumer shall report any visible damage, leakage or incomplete delivery to Laundique as soon as possible and preferably within 48 hours of receipt. The notification must be accompanied by clear photos of the packaging, the product and the damage identified. On this basis, Laundique will assess the situation and provide an appropriate solution. The consumer’s statutory rights remain unaffected.

Article 14 – Long-term contracts: duration, termination and renewal

Termination

The consumer may terminate a contract concluded for an indefinite period and which provides for the regular supply 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 concluded for a fixed period and which provides for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
With respect to the contracts referred to in the previous paragraphs, the consumer may:
– terminate them at any time and not be restricted to termination at a specific time or during a specific period
– terminate them at least in the same way as they were concluded
– always terminate them subject to the same notice period as that which Laundique has stipulated for itself
If the consumer enters into a subscription or repeat order via the Laundique webshop, the consumer may terminate that subscription with a notice period of no more than one month, unless the offer states a different term that complies with applicable law. Termination may be submitted via the customer account or by email. Laundique shall confirm the termination by email. Any payments relating to periods after the effective date of termination shall be refunded.

Renewal

A contract concluded for a fixed period and which provides for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, a contract concluded for a fixed period for the regular supply of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer may terminate the extended contract at the end of the extension with a notice period of no more than one month.
A contract concluded for a fixed period and which provides for the regular supply of products or services may only be tacitly extended 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 in the case of a contract for the regular supply, but less than once a month, of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular supply, by way of introduction, of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end 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 terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness do not allow termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise provided in the contract or in additional conditions, 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 conclusion of the contract. In the case of a contract for the provision of services, this 14-day period starts on the day after the consumer receives confirmation of the contract.
When products are sold to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot claim any rights regarding the execution of the order or service(s) in question before the agreed advance payment has been made.
The consumer has a duty to notify Laundique immediately of any inaccuracies in payment data supplied or stated.
If the consumer does not meet the payment obligations in time, after the consumer has been informed by Laundique of the late payment and has been granted a period of 14 days to still fulfil the payment obligations, the consumer shall owe statutory interest on the amount still due after the expiry of this 14-day period, and Laundique shall be entitled to charge the extrajudicial collection costs incurred by Laundique. These collection costs shall amount to a maximum of: 15% of outstanding amounts up to € 2,500; 10% of the next € 2,500; and 5% of the following € 5,000, with a minimum of € 40. Laundique may apply lower amounts and percentages in favour of the consumer.

Article 16 – Use and safety of the product

The laundry perfumes supplied by Laundique are intended exclusively for use in the washing machine and on textiles as indicated on the packaging. The product must not be applied directly to clothing or other materials, must not be mixed with other substances and must not be used on the skin.
The consumer must carefully follow the instructions for use on the packaging. Laundique is not liable for damage arising from incorrect, deviating or careless use of the product, insofar as permitted under mandatory law.
If the liquid of the laundry perfume comes into contact with surfaces for which the product is not intended, such as wooden furniture, natural stone, lacquered materials, floors or other sensitive surfaces, this may cause permanent damage. Any spilled liquid should therefore be removed as soon as possible to prevent damage. Laundique is not liable for damage arising if the product is spilled, used incorrectly or comes into contact with such surfaces.
All legally required ingredients and potential allergens are listed on the packaging in accordance with applicable regulations. Laundique cannot be held liable for personal allergic or sensitivity reactions if the consumer has been provided with the legally required information.
The product must be kept out of the reach of children and pets.

Article 17 – Complaints procedure

Laundique has an adequately publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to Laundique within a reasonable time after the consumer has discovered the defects, and must be complete and clearly described.
Complaints submitted to Laundique will be answered within 14 days from the date of receipt. If a complaint foreseeably requires a longer processing time, Laundique shall respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
The consumer must give Laundique at least four weeks to resolve the complaint in mutual consultation. After this period, the dispute becomes subject to the applicable dispute resolution procedure.

Article 18 – Disputes

Contracts concluded between Laundique and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 19 – Additional or deviating provisions

Additional provisions or provisions that deviate 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 the consumer can store them on a durable medium in an accessible manner.

Governing Version Clause

In case of any discrepancies or inconsistencies between the English and Dutch versions of these General Terms and Conditions, the Dutch version shall prevail.