General terms and conditions
General Terms and Conditions of Simply Denims
Table of Contents:
- Definitions
- Identity of Simply Denims
- Applicability
- The Offer
- The Agreement
- Right of Withdrawal
- Consumer Obligations During the Withdrawal Period
- Exercising the Right of Withdrawal and Associated Costs
- Obligations of Simply Denims in Case of Withdrawal
- Exclusions from the Right of Withdrawal
- Pricing
- Fulfilment and Additional Warranty
- Delivery and Performance
- Ongoing Agreements: Duration, Termination, and Renewal
- Payment
- Complaint Handling
- Disputes
- Supplementary or Deviating Provisions
Article 1 – Definitions For the purposes of these general terms and conditions, the following definitions shall apply:
- Supplementary Agreement: An ancillary contract under which the consumer acquires products, digital content and/or services in connection with a distance contract, and those goods, digital content and/or services are provided by Simply Denims or by a third party on the basis of an agreement between that third party and Simply Denims.
- Withdrawal Period: The time frame during which the consumer may exercise their statutory right of withdrawal.
- Consumer: Any natural person not acting for purposes related to their trade, business, craft or profession.
- Day: A calendar day.
- Digital Content: Data that is produced and supplied in digital form.
- Ongoing Agreement: A contract for the regular supply of goods, services, and/or digital content over a defined period.
- Durable Medium: Any instrument which enables the consumer or the business to store information addressed personally to them in a way accessible for future reference for a period adequate to the purpose of the information.
- Right of Withdrawal: The consumer’s legal entitlement to cancel a distance agreement within the withdrawal period.
- Distance Sales Agreement: A contract concluded between SimplyDenims and the consumer within the framework of an organised distance sales system using one or more means of remote communication.
Article 2 – Identity of SimplyDenims
- Company Name: DenimWorld LTD
- Email Address: support@simplydenims.com
- Registered Office: RM 509, 5/F, THE CLOUD, 111 Tung Chau Street, Tai Kok Tsui, Kowloon, Hong Kong
- Company Registration Number: 89889390
Article 3 – Applicability These general terms and conditions shall apply to every offer made by Simply Denims and to any distance agreement concluded between SimplyDenims and the consumer. Prior to the conclusion of a distance agreement, the consumer shall be provided access to these general terms and conditions. If not reasonably possible, the consumer shall be informed of how to access these terms electronically and receive them free of charge upon request.
Article 4 – The Offer All offers by Simply Denims shall contain an accurate and complete description of the products, digital content and/or services offered. Any visual representations serve as a true depiction unless stated otherwise. Simply Denims is not bound by manifest errors or mistakes.
Article 5 – The Agreement An agreement is formed upon the consumer’s acceptance of an offer and compliance with the stipulated conditions. Upon electronic acceptance, Simply Denims shall confirm receipt promptly. Simply Denims reserves the right to verify the consumer’s ability to meet payment obligations and may refuse an order based on this assessment.
Article 6 – Right of Withdrawal The consumer may withdraw from the purchase of a product within 14 days without providing any reason. The withdrawal period commences the day after the consumer receives the product. If Simply Denims fails to provide mandatory information regarding withdrawal rights, the period is extended by 12 months.
Article 7 – Consumer Obligations During the Withdrawal Period The consumer must handle the product and its packaging with care during the withdrawal period. The product may only be used to the extent necessary to establish its nature and characteristics.
Article 8 – Exercising the Right of Withdrawal and Associated Costs The consumer may exercise their right by submitting a clear statement via post or email. Use of the model withdrawal form is permitted but not mandatory. The consumer shall bear return shipping costs unless Simply Denims explicitly agrees to cover them.
Article 9 – Obligations of Simply Denims in Case of Withdrawal Upon receiving notice of withdrawal, Simply Denims shall acknowledge receipt and reimburse all payments received, including standard delivery charges, within 14 days, using the same payment method unless agreed otherwise.
Article 10 – Exclusions from the Right of Withdrawal The right of withdrawal does not apply to:
- Customised or personalised products;
- Sealed goods unfit for return due to health protection or hygiene if unsealed after delivery;
- Goods irrevocably mixed with other items post-delivery;
- Sealed software, audio, or video products if unsealed after delivery.
Article 11 – Pricing Prices listed include VAT. Prices are fixed during the validity period stated in the offer, barring VAT changes.
Article 12 – Fulfilment and Additional Warranty Simply Denims guarantees that products and services conform to the agreement, the offer, and reasonable consumer expectations. Any additional warranty shall be explicitly agreed upon.
Article 13 – Delivery and Performance Deliveries are made to the address provided by the consumer. Delivery times are indicative. Consumers must contact Simply Denims if delivery is delayed beyond the stated period.
Article 14 – Ongoing Agreements: Duration, Termination, and Renewal For agreements exceeding one year, the consumer may terminate at any time with a one-month notice. Renewal terms will be the same unless otherwise agreed.
Article 15 – Payment Payment must be made as stipulated in the offer. Late payments may result in default. Simply Denims shall notify the consumer and grant a 14-day grace period prior to enforcement actions.
Article 16 – Complaint Handling Consumers must report complaints in a timely and detailed manner. Simply Denims shall respond within 14 days of receipt. Unresolved complaints may proceed to dispute resolution.
Article 17 – Disputes These general terms and the agreements governed by them are subject to Dutch law. Disputes shall be submitted to the competent court in the Netherlands or via the European Commission’s ODR platform.
Article 18 – Supplementary or Deviating Provisions Any additional or deviating terms must be documented in writing and may not prejudice the consumer.