Algemene voorwaarden
Terms and conditions Webshop
Article 1. Definitions
1.1. IntimateRed.
1.2. Website: the websites of IntimateRed, to be consulted via www.IntimateRed.nl and all associated subdomains.
1.3. Customer: the natural person who, not acting in the course of a profession or business, enters into an Agreement with IntimateRed and/or has registered on the Website.
1.4. Agreement: any arrangement or agreement between IntimateRed and the Customer, of which agreement these General Terms and Conditions form an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.
Article 2. Applicability of General Terms and Conditions
2.1. On all offers of, agreements with and deliveries by IntimateRed, the General Terms and Conditions shall apply, unless expressly agreed otherwise in writing.
2.2. If, in his order, confirmation or communication containing acceptance, the Customer includes terms or conditions that differ from, or do not appear in the General Terms and Conditions, these are only binding on IntimateRed if and insofar as IntimateRed has expressly accepted them in writing.
2.3. In case specific product or service terms and conditions apply in addition to these General Terms and Conditions, those terms and conditions shall also apply, but in case of conflicting terms and conditions, the Customer may always rely on the applicable provision that is most favorable to him.
Article 3. Prices and information
3.1. Unless otherwise stated on the Website, all prices stated on the Website and in other materials originating from IntimateRed are inclusive of VAT and other levies imposed by the government.
3.2. Unless otherwise stated, shipping costs are €5.95. If the total order amount exceeds € 60.00, shipping is free. These costs can also be found on the Website. In addition, these costs will be clearly displayed in the ordering process.
3.3. The content of the Website has been compiled with the utmost care. However, IntimateRed cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from IntimateRed are therefore subject to obvious programming, typing or spelling errors.
3.4. IntimateRed cannot be held responsible for (color) deviations due to screen quality.
Article 4. Conclusion of the Agreement
4.1. The Agreement is concluded when the Customer accepts the offer made by IntimateRed.
4.2. If the Customer has accepted the offer electronically, IntimateRed shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
4.3. If, when accepting or otherwise entering into the Agreement, it appears that incorrect information has been provided by the Customer, IntimateRed shall be entitled to fulfill its obligation only after the correct information has been received.
4.4. IntimateRed may inform itself within legal frameworks whether Customer can meet his payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, IntimateRed has good grounds not to enter into the Agreement, he shall be entitled to refuse an order or application, stating reasons, or to attach special conditions to the execution, such as advance payment.
Article 5. Registration
5.1. In order to make optimal use of the Website, Customer can register via the registration form/ account login option on the Website.
5.2. During the registration procedure, Customer chooses a username and password with which he can log on to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
5.3. Customer must keep his login details, his username and password strictly confidential. IntimateRed is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through the Customer's account is the responsibility and risk of the Customer.
5.4. If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and/or notify IntimateRed, so that IntimateRed can take appropriate measures.
Article 6. Execution of the Agreement
6.1. As soon as the order has been received by IntimateRed, IntimateRed shall send the products to the address provided by the Customer as soon as possible, taking into account the provisions of paragraph 3 of this article.
6.2. IntimateRed is entitled to engage third parties in the performance of its obligations under the Agreement.
6.3. IntimateRed tries to deliver the order the next day if the order is placed before 11:30 p.m. on a business day. However, IntimateRed cannot guarantee that the order will arrive the next day, given the fact that IntimateRed depends on third parties to do so. Delivery times specified by IntimateRed are not binding. The method of delivery can take place in various ways and is at IntimateRed's discretion.
6.4. If IntimateRed cannot deliver the products within five working days, it shall inform the Customer. In that case, Customer may agree to a new delivery date or he shall be given the opportunity to dissolve the Agreement free of charge.
6.5. IntimateRed recommends that the Customer inspect the products delivered and report any defects found to IntimateRed within a reasonable time, preferably in writing.
6.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk, where these products are concerned, passes to the Customer. If expressly agreed otherwise, the risk shall pass to the Customer before then. If the Customer decides to collect the products, the risk shall pass upon transfer of the products.
6.7. IntimateRed is not liable to the Customer if the Customer has used a delivered product in a manner other than recommended, prescribed or intended.
6.8. IntimateRed is entitled to deliver a product of similar quality as the product ordered, if the product ordered is no longer available. The Customer shall then be entitled to dissolve the Agreement free of charge and to return the product free of charge.
Article 7. Right of withdrawal
7.1. The Customer has the right to dissolve the remotely concluded Agreement with IntimateRed within 30 days of receipt of the product, without giving reasons, free of charge.
7.2. The period commences on the day after the Customer, or a third party previously designated by him who is not the carrier, has received the product, or:
if Customer ordered several products in the same order: the day on which Customer, or a third party designated by him, received the last product;
if the delivery of a product consists of several shipments or parts: the day on which Customer, or a third party designated by him, received the last shipment or part;
in case of Agreements for regular delivery of products during a certain period: the day on which Customer, or a third party designated by him, has received the first product.
7.3. Customer must bear the return costs himself. When the Customer returns part of the order (and keeps another part) the shipping costs remain the responsibility of the Customer.
7.4. Within the withdrawal period referred to in paragraph 1, Customer shall handle the product and its packaging with care. Customer shall only open the packaging and use the product to the extent necessary to inspect the nature, characteristics and operation of products. The starting point here is that this inspection may not go any further than Customer would do in a physical store.
7.5. Customer may dissolve the Agreement in accordance with the term set forth in paragraph 1 of this Article by sending the model withdrawal form (digitally) to IntimateRed, or otherwise unambiguously informing IntimateRed that he renounces the purchase. In the case of a digital notification, IntimateRed will confirm receipt of that notification. After dissolution, Customer still has 14 days to return the product. It is also possible to return the product directly within the cooling-off period stated in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration for withdrawal is enclosed.
Products may be returned to:
IntimateRed,
De Vesting 54
4194AR Meteren
7.6. Amounts already paid by Customer (in advance) will be refunded to Customer as soon as possible, but at the latest within 14 days after dissolution of the Agreement, in the same way as Customer paid for the order. If Customer has chosen a more expensive method of delivery than the cheapest standard delivery, IntimateRed does not have to refund the additional costs for the more expensive method. Unless IntimateRed offers to collect the product itself, IntimateRed may wait with refunding until IntimateRed has received the product or until Customer proves that he has returned the product, whichever is earlier.
7.7 On the Website, information on whether or not the right of withdrawal is applicable and any desired procedure is clearly stated in good time before the conclusion of the Agreement.
7.8. Customer has no right of withdrawal when it concerns products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery.
Article 8. Payment
8.1. Customer must pay IntimateRed according to the payment methods indicated in the ordering procedure and possibly on the Website. IntimateRed is free in its choice of payment methods and these may also change from time to time. In case of payment after delivery, the customer has a term of payment of 14 days starting the day after delivery.
Article 9. Guarantee and conformity
9.1. This article only applies if the Customer is not acting in the exercise of his profession or business. If a separate guarantee is given on the products by IntimateRed, without prejudice to what has just been stated, this applies to all types of Customers.
9.2. IntimateRed warrants that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the Agreement. If specifically agreed, IntimateRed also guarantees that the product is suitable for other than normal use.
9.3. If the product delivered does not meet the Agreement, the Customer must notify IntimateRed of the defect within a reasonable period after he has discovered it.
9.4. If IntimateRed considers the complaint justified, the relevant products will be repaired, replaced or reimbursed after consultation with Customer. The maximum compensation shall, subject to the Article on liability, be equal to the price paid by the Customer for the product.
Article 10. Complaint procedure
10.1. If the customer has a complaint about a product (in accordance with the article on warranty and conformity) and/or about other aspects of IntimateRed's service, he can lodge a complaint with IntimateRed by telephone, e-mail or post. See contact details at the bottom of the Terms and Conditions.
10.2. IntimateRed will provide Customer with a response to his complaint as soon as possible, but in any case within 2 days after receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, IntimateRed will confirm the complaint within 2 days of the receipt of the complaint and give an indication of the period within which it expects to provide a substantive or definitive response to the Customer's complaint.
10.3. IntimateRed will handle complaints in accordance with its warranty and return policy, as outlined in these Terms and Conditions. Complaints regarding product defects will be assessed based on the following principles:
- 10.3.1. IntimateRed will evaluate whether the defect falls within the scope of the manufacturer's warranty. Damage resulting from improper use, failure to follow instructions, or use of the product in a manner inconsistent with its intended purpose will not be covered.
- 10.3.2. If the defect is determined to be a result of a manufacturing fault and within the warranty period, IntimateRed will assist the Customer in facilitating a resolution, which may include repair, replacement, or other remedies as specified by the manufacturer.
- 10.3.3. If the complaint is not covered by the warranty (e.g., due to user error), IntimateRed may, at its discretion, offer guidance or alternative solutions to the Customer as a courtesy, without any obligation to provide compensation.
- 10.3.4. Complaints not related to product defects, such as service or delivery issues, will be addressed promptly to ensure customer satisfaction and uphold IntimateRed's commitment to quality service.
Article 11. Personal data
11.1. IntimateRed processes Customer's personal data in accordance with privacy statement. This can be found here: Privacy.
Article 12. Final provisions
12.1. The Agreement, these terms and conditions and all possible agreements resulting from the Agreement are governed by Dutch law, unless other law applies under mandatory rules of law.
12.2. Insofar as rules of mandatory law do not prescribe otherwise, all disputes that may arise in connection with the Agreement will be submitted to the competent Dutch court in the Northern Netherlands.
12.3. If any provision of these General Terms and Conditions proves to be invalid, this shall not affect the validity of the General Terms and Conditions as a whole. The parties will in that case determine (a) new provision(s) to replace it, which will give shape to the intention of the original provision as much as is legally possible.
12.4. In these General Conditions, "in writing" also means communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail is sufficiently established.