TERMS AND CONDITIONS OF THE PEPPERY PANTY ONLINE WEBSHOP
Shop Peppery Panty online via: www.pepperypanty.com
If you have questions and / or comments about our products or your order, you can reach
Peppery Panty via:
e-mail: www.pepperypanty.com
1 APPLICABILITY
The general terms and conditions of the Peppery Panty online webshop apply to all
transactions between customers and Peppery Panty (established: Snellestraat 22, 5211 EN
‘s-Hertogenbosch, The Netherlands) that are made via the Peppery Panty online webshop
(www.pepperypanty.com).
2 PRICES
The prices for the products ordered in the Peppery Panty online webshop are the prices in
the shopping basket which are displayed just before the order is sent. The prices include the
Dutch VAT rate.
3 DELIVERY COSTS
The delivery of the products will be free of charge with the exception of express delivery
charges and cash on delivery charges.
4 AGREEMENT
To place an order with the Peppery Panty online webshop, the customer must click on the
“send order” button. Peppery Panty will confirm receipt of the order by e-mail and also on the
following internet page. This does not constitute acceptance of the order, but is merely a
confirmation of the receipt of the correct order data. The order data are stored with us. If the
customer wishes to keep them, the order page should be printed out.
Peppery Panty is entitled to refuse the order wholly or in part on the basis of unexpected
difficulties with the delivery or a negative creditworthiness of the customer. Peppery Panty
will inform the customer of this by e-mail within three working days after such circumstances
become known. If the customer has already made an advance payment for undelivered
products, this advance payment will be refunded to the customer.
An agreement between Peppery Panty and the customer is reached when Peppery Panty
has shipped the products ordered by the customer and confirmed this to the customer by
e-mail.
Peppery Panty is entitled to accept the offer (which has been incorporated into the order)
within a period of seven working days. Saturday is not a working day. With regard to
products from the same order that are not mentioned in the sent confirmation, no sales
agreement comes into being.
5 RETENTION OF TITLE
Peppery Panty retains title to the products until the purchase price has been paid in full. The
customer is obliged to handle the products with care during the period of Peppery Panty’s
retention of title. The customer is obligated to inform Peppery Panty immediately in writing if
third parties make a claim on the products, in particular with regard to execution measures,
as well as damage and destruction to the products.
If the customer acts contrary to the agreement, in particular in the case of default on
payment, Peppery Panty is entitled to terminate the agreement and demand the return of the
products.
6 DELIVERY AND TRANSFER OF RISK
1. Peppery Panty will ship all products in stock immediately after receiving the customer’s
order. The customer will receive the products within three to four working days and no later
than seven working days.
2. If, for example due to high demand, certain products are not immediately available, the
expected delivery time will be shown on the Peppery Panty online webshop webpage. If
Peppery Panty cannot deliver within the indicated period, the customer will be contacted no
later than the end of the period to discuss whether the order should still be carried out.
Peppery Panty will inform the customer by e-mail as soon as an order is dispatched from the
warehouse.
3. The products are at the risk of the buyer from the moment the buyer or a third party
appointed by the buyer, who is not the carrier, receives the goods.
7. LIABILITY
Peppery Panty is liable for damages suffered by you only if such damage is attributable to
Peppery Panty or if under mandatory legal provisions it is at the risk of Peppery Panty.
Peppery Panty is not liable for the consequences of incorrect or incomplete information in its
mailings or on the website. Peppery Panty is not liable for damages resulting from the use by
you of any item supplied by Peppery Panty. If Peppery Panty fails imputably in the fulfilment
of its obligations to you, Peppery Panty is liable to you for compensation for the damage
suffered by you. However, Peppery Panty is liable only for direct loss, which includes:
-Damage, directly caused to tangible property;
-Reasonable costs incurred in establishing the cause and extent of the damage as far as
related to the direct damage as referred to here;
-reasonable and demonstrable costs incurred to prevent or limit the direct damage referred
to here.
8 PAYMENT
The customer can pay for items in the Peppery Panty online webshop as follows:
When paying by credit card, Peppery Panty will debit the amount from the credit card
account used after the courier has received the order. As with all other personal data, all
information relating to your credit card is transmitted securely (via SSL).
Peppery Panty is not bound to its offer if there are printing, typesetting or programming
errors in its mailings or on the Website. All prices stated on the website are inclusive of VAT
and exclusive of shipping costs, unless stated otherwise. Free shipping of an order is a form
of discount. Peppery Panty indicates on its website whether or not it is applicable.
9 WARRANTY AND INDEMNITY
Each product undergoes several quality checks before it leaves our warehouse. Peppery
Panty guarantees that the delivered articles are free of defects.
In the event of a defective product, the customer can choose between repair or exchange.
Peppery Panty is entitled to refuse the customer’s choice if this is impossible or involves a
disproportionate effort for Peppery Panty compared to the other option. If correction is not
possible, the customer has the choice between a price reduction or, if the defect is not
insignificant, the amendment of the agreement.
Peppery Panty does not give any guarantees (in the legal sense) to its customers. Slight
deviations, in particular regarding the colour of the products, do not constitute a defect that
justifies compensation. Peppery Panty is not liable for minor negligence, unless it is a matter
of damage to life, body or health or in respect of any guarantees given or in respect of claims
under the statutory product liability. This shall also apply to defaults of any vicarious agents.
10 RIGHT OF REVOCATION
1. The customer has the right to terminate the agreement with Peppery Panty without giving
any reason within fourteen days of receiving the product. The customer must send the
cancellation in text form (by letter or e-mail) to:
Peppery Panty
Graafseweg 282
5213 AS ‘s-Hertogenbosch
E-mail: info@pepperypanty.com
2. The customer must return the products to the address stated in article 10, paragraph 1. 3.
The customer is obliged to return the products in the same condition in which they were
received. If the customer is unable to return the products in the same condition, he is not
entitled to receive the purchase price back.
4. If the customer terminates the agreement within the period mentioned in article 10,
paragraph 1, and returns the products in the same condition as they were received, Peppery
Panty will refund the purchase price of the returned products within fourteen days after
termination.
5. When returning products, the customer must take the following into account: Only
products purchased via the Peppery Panty online webshop can be returned;
Only products that are unused, in their original packaging and without damage will be
accepted as a return.
11 PERSONAL DATA PROTECTION AND SECURITY
1. The customer’s personal data and all other information relating to the order placed will be
encrypted and transmitted via a secure SSL connection.
2. When placing an order in accordance with article 5, the customer agrees that Peppery
Panty may evaluate, use and process personal data that the customer has given Peppery
Panty within the framework of the contract: Peppery Panty will retain the name and address,
as well as all data relating to the order. Of course Peppery Panty ensures the customer that
the personal data are protected in full in accordance with the general legislation on the
protection of personal data; Peppery Panty only passes on the personal data to third parties
in the course of the order process (e.g. for any necessary credit card, credit card or address
checks).
3. Peppery Panty endeavours to constantly improve the range and service of the Peppery
Panty online webshop for its customers. The regular evaluation of customer and order data
and the updating of the e-mail newsletter contribute to this. If the customer does not agree to
the use of his personal data for this purpose, the customer may object with effect for the
future. An informal declaration to this effect is sufficient: by e-mail to:
info@pepperypanty.com.
12 SET-OFF, RETENTION AND TRANSFER
1. The customer is only entitled to set-off: in the event that the company is unable to meet its
payment obligation; in the event of counterclaims that are in legal connection with your
obligation; and, in the event of counterclaims that have been determined by the court or
recognised by us.
2. The customer may only assert retention claims that are legally related to Peppery Panty’s
obligations.
3. The assignment of the customer’s contractual rights to third parties is only possible with
our written consent.
13 FINAL PROVISIONS
The law of the Netherlands shall apply, with the exclusion of the UN Convention on
Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Den Bosch.