General terms and conditions

Index:

Article 1 - Definitions

Article 2 - Identity of the trader

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Customers’ obligations in case of withdrawal

Article 8 - Customers who exercise their right of withdrawal and the costs involved

Article 9 - Traders’ obligations in case of withdrawal

Article 10 - Precluding the right of withdrawal

Article 11 - The price

Article 12 - Contract fulfilment and extra guarantee

Article 13 - Delivery and implementation

Article 14 - Extended duration transactions: duration, termination and prolongation

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or different stipulations

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these goods, digital content, and/or services are supplied by Pockwear or by a third party based on an agreement between that third party and Pockwear;
Cooling-off period: the period during which the consumer may exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft, or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance contract: a contract that involves the regular delivery of goods, services, and/or digital content over a certain period;
Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended and which allows unchanged reproduction of the stored information;
Right of withdrawal: the consumer's ability 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 remotely to consumers;
Distance contract: a contract concluded between Pockwear and the consumer as part of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the contract, only or also use is made of one or more techniques for remote communication;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not have to be made available if the consumer does not have the right of withdrawal regarding his order;
Technique for remote communication: means that can be used to conclude a contract, without the consumer and entrepreneur having to come together simultaneously in the same space.

Article 2 - Identity of the entrepreneur

Pockwear

Ensingwijk ZZ 33, 7887 EZ, Erica

(no visiting address)

Telephone number: +31641447900

Times when Pockwear is reachable by phone:

Monday: 13:00 to 15:00

Tuesday: 13:00 to 15:00

Wednesday: 13:00 to 15:00

Thursday: 13:00 to 15:00

Friday: 13:00 to 15:00

Pockwear is available via WhatsApp and email 24/7 on weekdays, Pockwear responds as soon as possible but at least within 48 hours on weekdays.

Email address: [email protected]

Chamber of Commerce number: 89472497

VAT identification number: NL864992476B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by Pockwear and to every distance contract concluded between Pockwear and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, Pockwear shall indicate, before the distance contract is concluded, how the general terms and conditions can be accessed by the consumer and that they will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may 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 shall be indicated, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or in another manner free of charge upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to him in case of conflicting conditions.

Article 4 - The Offer

If an offer has a limited duration or is subject to conditions, this shall 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 Pockwear uses images, these are a truthful representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind Pockwear.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, Pockwear immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Pockwear, the consumer may dissolve the agreement.
If the agreement is concluded electronically, Pockwear shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Pockwear will take appropriate security measures for this purpose.
Within the legal framework, Pockwear may - ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant to a responsible conclusion of the distance agreement. If Pockwear has good grounds, based on this investigation, not to enter into the agreement, he is entitled to refuse a request or order or to attach special conditions to its execution, motivated.
Pockwear shall provide the following information to 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, at the latest upon delivery of the product, service, or digital content: • the visiting address of the establishment of Pockwear where the consumer can address 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 guarantees and existing service after purchase; • the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or implementation of the distance agreement; • the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration; • if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing transaction, the provision in the preceding paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal For Products:

The consumer has the right to dissolve an agreement regarding the purchase of a product within a cooling-off period of 14 days without giving any reason. Pockwear may ask the consumer for the reason for withdrawal but cannot compel them to provide their reason(s).
The cooling-off period mentioned 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: • if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. Pockwear may refuse an order of multiple products with different delivery times, provided it has clearly informed the consumer prior to the ordering process. • if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part; • in contracts for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, has received the first product.

For Services and Digital Content Not Delivered on a Material Carrier:

3. The consumer has the right to dissolve a service agreement and an agreement for the delivery of digital content not delivered on a material carrier within 14 days without giving any reason. Pockwear may ask the consumer for the reason for withdrawal but cannot compel them to provide their reason(s).

4. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended Cooling-off Period for Products, Services, and Digital Content Not Delivered on a Material Carrier in Case of Non-Disclosure of the Right of Withdrawal:

5. If Pockwear has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.

6. If Pockwear has provided the information referred to in the preceding paragraph to the consumer within twelve months from the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the Consumer During the Cooling-off Period

During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may handle and inspect the product as they would be allowed to do in a store.
The consumer is only liable for any decrease in value of the product resulting from handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for any decrease in the value of the product if Pockwear has not provided them with all legally required information about the right of withdrawal before or at the conclusion of 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 shall notify Pockwear of this within the cooling-off period by means of the model withdrawal form or by any other unequivocal statement.
The consumer shall return the product as soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1. The consumer has observed the return period in any case if they return the product before the expiry of the cooling-off period.
The consumer shall 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 Pockwear.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer shall bear the direct costs of returning the product.
If the consumer withdraws after having expressly requested that the service be commenced or the supply of gas, water, or electricity not prepared for sale in a limited volume or quantity begins during the cooling-off period, the consumer shall owe Pockwear an amount proportional to the part of the obligation fulfilled by Pockwear at the time of withdrawal, compared to the full performance of the obligation.
The consumer shall not bear costs for the performance of services or the supply of water, gas, or electricity not prepared for sale in a limited volume or quantity, or for the supply of district heating, if: • Pockwear has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form; or • the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer shall not bear costs for the full or partial delivery of digital content not supplied on a tangible medium if: • they have not expressly consented to the commencement of the performance of the agreement before the end of the cooling-off period; • they have not acknowledged losing their right of withdrawal when granting their consent; or • Pockwear has failed to confirm this statement by the consumer.
If the consumer exercises their right of withdrawal, all supplementary agreements shall be automatically dissolved.

Article 9 - Obligations of Pockwear in Case of Withdrawal by the Consumer

Pockwear enables the consumer to notify the withdrawal electronically and promptly sends a confirmation of receipt after receiving this notification.
Pockwear reimburses all payments made by the consumer, including any delivery costs charged by Pockwear when the consumer withdraws the entire order. If the consumer withdraws part of the order, they will only receive a refund for that portion of the purchase amount. The return costs are borne by the consumer. Once Pockwear has received the returned items, the refund will be made as soon as possible, but within 14 working days of the withdrawal. If Pockwear has not received the consumer's package within 14 days of withdrawal, Pockwear can only arrange for a refund when the consumer provides proof of shipment demonstrating that the return shipment was sent within these 14 days of withdrawal.
Pockwear uses the same payment method that the consumer used for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Pockwear does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the Right of Withdrawal

Pockwear may exclude the following products and services from the right of withdrawal, but only if Pockwear has clearly indicated this in the offer, or at least in a timely manner before the conclusion of the agreement:

Products or services whose price is dependent on fluctuations in the financial market over which Pockwear has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content, and/or services are offered by Pockwear to the consumer who is present in person or has the opportunity to be present in person 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 service has been fully performed, but only if: • the performance has started with the consumer's express prior consent; and • the consumer has declared that they will lose their right of withdrawal once Pockwear has fully performed the agreement;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
Agreements relating to leisure activities, if a specific date or period of performance is provided for in the agreement;
Products made to the consumer's specifications, which are not prefabricated and which are made based on an individual choice or decision of the consumer, or which 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 for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, by their nature, are irrevocably mixed with other products after delivery;
Alcoholic beverages, the price of which has been agreed upon at the time of concluding the agreement, but the delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market over which Pockwear has no influence;
Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
Newspapers, magazines, or periodicals, with the exception of subscriptions to these;
The supply of digital content not supplied on a tangible medium, but only if: • the performance has started with the consumer's express prior consent; and • the consumer has declared that they lose their right of withdrawal.

Article 11 - The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous clause, Pockwear may offer products or services whose prices are subject to fluctuations in the financial market and over which Pockwear has no influence, at variable prices. These fluctuations and the fact that any prices mentioned are indicative will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if Pockwear has stipulated this and: • they result from statutory regulations or provisions; or • the consumer has the right to terminate the agreement on the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 12 - Performance of the Agreement and Additional Guarantee

Pockwear guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Pockwear also guarantees that the product is suitable for uses other than normal use.
Any additional guarantee provided by Pockwear, its supplier, manufacturer, or importer shall never limit the consumer's statutory rights and claims arising from the agreement against Pockwear in case Pockwear has failed to fulfill its part of the agreement.
An additional guarantee shall mean any commitment by Pockwear, its supplier, importer, or manufacturer in which they grant certain rights or claims to the consumer that go beyond what they are legally obliged to provide in the event of their failure to fulfill their part of the agreement.

Article 13 - Delivery and Execution

Pockwear shall exercise the utmost care when receiving orders for products and when assessing requests for the provision of services and when executing them.
The place of delivery shall be the address that the consumer has provided to Pockwear.
Subject to the provisions of Article 4 of these general terms and conditions, Pockwear shall execute accepted orders promptly and within 30 days at the latest, unless a different delivery period has been agreed upon. If delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer shall be informed of this no later than 30 days after placing the order. In such case, the consumer shall have the right to terminate the agreement free of charge and to claim any damages.
Upon termination in accordance with the previous clause, Pockwear shall promptly refund the amount paid by the consumer.
The risk of damage and/or loss of products shall be borne by Pockwear until the moment of delivery to the consumer or a representative designated in advance and made known to Pockwear, unless expressly agreed otherwise.

Article 14 - Long-term transactions: duration, termination, and renewal

Termination:

The consumer may terminate an agreement concluded for an indefinite period and which entails the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a definite period and which entails the regular delivery of products (including electricity) or services at any time upon expiry of the specified duration, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the preceding paragraphs: • at any time and not be limited to termination at a specific time or during a specific period; • terminate at least in the same manner as they were entered into; • always terminate with the same notice period as Pockwear has stipulated for itself. Renewal:
An agreement concluded for a definite period and which entails the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite duration.
Notwithstanding the preceding paragraph, an agreement concluded for a definite period and which entails the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a specific duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
An agreement concluded for a definite period and which entails the regular delivery of products or services may only be tacitly renewed for an indefinite duration if the consumer is always entitled to terminate with a notice period of no more than one month. The notice period is a maximum of three months in the event the agreement entails the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a duration of limited time for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically terminate upon expiration of the trial or introductory period. Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the agreed duration ends.

Article 15 - Payment

Unless otherwise agreed in the contract or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of a service contract, this period begins on the day after the consumer receives confirmation of the agreement.
In consumer sales contracts, the consumer may never be obliged, in general terms and conditions, to make an advance payment of more than 50%. If advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer has the duty to promptly report any inaccuracies in provided or stated payment details to Pockwear.
If the consumer fails to fulfill their payment obligation(s) on time, they shall owe statutory interest on the outstanding amount after Pockwear has reminded them of the late payment and has given the consumer 14 days to fulfill their payment obligations after the expiry of the 14-day period, and Pockwear is entitled to charge the consumer extrajudicial collection costs incurred by him. These collection costs shall not exceed: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. Pockwear may deviate from these amounts and percentages in favor of the consumer.

Article 16 - Complaints procedure

Pockwear has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to Pockwear fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to Pockwear shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Pockwear shall respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must allow Pockwear at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is eligible for dispute resolution.

Article 17 - Disputes

Dutch law exclusively applies to agreements between Pockwear and the consumer to which these general terms and conditions apply.

Article 18 - Additional or deviating provisions

For more information about Pockwear's policies and procedures regarding disclaimer and privacy, we kindly refer you to www.pockwear.com. At the bottom of the webpage, under the 'information' section, you can consult the disclaimer, privacy policy, and other procedures. By agreeing to the general terms and conditions, you also declare to be familiar with and agree to the content of Pockwear's disclaimer, privacy policy, and other procedures.

Attachment I: Model Withdrawal Form

Model Withdrawal Form

(only complete and return this form if you wish to withdraw from the agreement)

To: Pockwear Ensingwijk ZZ 33 [email protected]
I/We* hereby inform you that I/we* withdraw from our agreement regarding the sale of the following products: [description of product]* the supply of the following digital content: [description of digital content]* the provision of the following service: [description of service], withdraw
Ordered on*/Received on* [date of order for services or receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)
[Date]

Delete as appropriate or fill in as applicable.