TERMS & CONDITIONS

TERMS & CONDITIONS

TERMS & CONDITIONS

Contents

  1. Definitions
  2. Identity of the trader
  3. Applicability
  4. The offer
  5. The contract
  6. Right of withdrawal: purchases
  7. Right of withdrawal: membership and services
  8. The price
  9. Conformity and guarantee
  10. Delivery and performance
  11. Membership and credits
  12. Rental
  13. Buying a piece you have rented
  14. Continuing contracts: duration, cancellation and renewal
  15. Payment
  16. Complaints
  17. Disputes
  18. Additional or differing provisions

These terms are governed by Dutch law.

Article 1 – Definitions

In these terms and conditions:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

Consumer: a natural person who is not acting in the course of a trade or profession and who enters into a distance contract with the trader.

Credits: the unit in which the consumer pays for rentals, purchases and services at The Collectives.

Day: calendar day.

Continuing contract: a distance contract relating to a series of products or services, the obligation to deliver or take delivery of which is spread over time.

Durable medium: any means enabling the consumer or the trader to store information addressed personally to them in a way that allows future reference and unaltered reproduction of the stored information.

Member: a consumer who has entered into a membership or purchased a credit pack.

Membership: the Credit Pack, the Wardrobe Membership or the Executive Circle, as described on the membership page.

Model form: the model withdrawal form the trader makes available for a consumer who wishes to exercise the right of withdrawal.

Rental Policy: the policy published on the website that governs rentals and forms an integral part of these terms.

Replacement value: the cost of replacing a piece with an equivalent piece, shown on the product page.

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.

Trader: the natural or legal person offering products or services to consumers at a distance.

Distance contract: a contract concluded within the framework of a system organised by the trader for distance selling of products or services, in which sole use is made of one or more means of distance communication up to and including the conclusion of the contract.

Article 2 – Identity of the trader

The Collectives B.V.
Registered office: Sarphatistraat 195-H, 1018 GH Amsterdam, the Netherlands
Showroom and visiting address for complaints: Elandsstraat 111, 1016 RX Amsterdam, the Netherlands
Telephone: +31 (0)6 51 25 02 51, Monday to Friday, 09:00 to 17:00
Email: contact@thecollectives.amsterdam
Chamber of Commerce number: 75105314
VAT identification number: NL001905544B68

Article 3 – Applicability

  1. These terms apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
  2. Before a distance contract is concluded, the text of these terms is made available to the consumer. Where this is not reasonably possible, the trader will state before the contract is concluded that the terms may be inspected at the trader’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
  3. Where the contract is concluded electronically, the text of these terms may be made available electronically in a way that allows the consumer to store it easily on a durable medium. Where this is not reasonably possible, the trader will state where the terms may be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.
  4. Where specific product or service conditions apply in addition to these terms, paragraphs 2 and 3 apply accordingly, and in the event of conflicting conditions the consumer may always rely on the provision most favourable to them.
  5. If at any time one or more provisions of these terms are wholly or partly void or annulled, the contract and the remaining terms remain in force, and the provision concerned will be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.
  6. Situations not covered by these terms are to be assessed in the spirit of these terms, as is any ambiguity about the interpretation or content of one or more of their provisions.

Article 4 – The offer

  1. Where an offer has a limited period of validity or is subject to conditions, this is stated explicitly in the offer.
  2. The offer is without obligation. The trader is entitled to change and amend the offer.
  3. The offer contains a complete and accurate description of the products and services offered, in sufficient detail to allow the consumer to assess it properly. Where the trader uses images, these are a true representation of what is offered. Obvious errors or mistakes in the offer do not bind the trader.
  4. All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract. The trader cannot guarantee that the colours shown correspond exactly to the real colours of the pieces.
  5. Every offer contains such information that it is clear to the consumer what rights and obligations attach to acceptance. This concerns in particular:
    • the price including taxes;
    • any delivery costs;
    • the manner in which the contract will be concluded and what actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and performance;
    • the period for accepting the offer, or the period within which the trader guarantees the price;
    • whether the contract will be archived after conclusion and, if so, how the consumer may consult it;
    • how the consumer may check and, if desired, correct the information provided before concluding the contract;
    • any languages other than Dutch and English in which the contract may be concluded;
    • the minimum duration of the distance contract in the case of a continuing contract.

Article 5 – The contract

  1. Subject to paragraph 4, the contract is concluded at the moment the consumer accepts the offer and satisfies the conditions attached to it.
  2. Where the consumer has accepted the offer electronically, the trader confirms receipt of that acceptance electronically without delay. Until receipt of the acceptance has been confirmed, the consumer may dissolve the contract.
  3. Where the contract is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and provides a secure web environment. Where the consumer can pay electronically, the trader observes appropriate security measures.
  4. The trader may, within the limits of the law, inform itself as to whether the consumer can meet their payment obligations, and of any facts and factors relevant to entering into the distance contract responsibly. Where this gives the trader good grounds not to enter into the contract, the trader is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
  5. The trader will send the consumer, with the product or service, in writing or in a form that allows the consumer to store it on a durable medium:
    • the visiting address of the trader’s establishment where the consumer may bring complaints;
    • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
    • information about guarantees and existing after-sales service;
    • the information referred to in article 4 paragraph 5, unless already provided before performance of the contract;
    • the requirements for terminating the contract where it has a duration of more than one year or is of indefinite duration.
  6. In the case of a continuing contract, paragraph 5 applies only to the first delivery.
  7. Every contract is entered into subject to the condition precedent that the pieces concerned are sufficiently available.

Article 6 – Right of withdrawal: purchases

  1. When purchasing a piece, the consumer has the right to withdraw from the contract without giving any reason for fourteen days, beginning on the day after the consumer receives the piece.
  2. The consumer notifies the trader within that period, using the withdrawal button in their account, the model withdrawal form, or any other unambiguous statement sent to contact@thecollectives.amsterdam. The trader confirms receipt of that notification electronically without delay.
  3. After notifying the trader, the consumer has a further fourteen days to return the piece.
  4. During the cooling-off period the consumer will handle the piece and its packaging with care. The consumer may unpack, examine and try on the piece as would be possible in a shop. Where the piece has been used beyond what is necessary to establish its nature, characteristics and fit, the consumer is liable for the reduction in value.
  5. The direct cost of returning the piece is borne by the consumer, unless the piece is faulty or damaged or does not correspond to the order.
  6. The trader refunds within fourteen days of the notification, using the same means of payment unless the consumer expressly agrees otherwise. The trader may wait until it has received the piece or until the consumer demonstrates that it has been sent back, whichever is earlier.
  7. Where a complete order is returned, the trader also refunds the cost of the least expensive standard delivery method it offered. Where only part of an order is returned, the original delivery costs are not refunded.
  8. No costs are charged to the consumer for exercising the right of withdrawal other than those stated in paragraph 5.

Article 7 – Right of withdrawal: membership and services

  1. A membership and a booked service are distance contracts for the provision of services. The consumer may withdraw from such a contract without giving any reason within fourteen days of concluding it.
  2. Where the consumer expressly requests that performance begin during the cooling-off period, and subsequently withdraws, the consumer owes a proportionate amount for what has been provided at the moment of withdrawal, including any credits already spent.
  3. Where a service has been fully performed during the cooling-off period at the consumer’s express request, and the consumer has acknowledged that the right of withdrawal is lost on completion, the right of withdrawal no longer applies to that service.
  4. Withdrawal is notified in the same way as described in article 6 paragraph 2.

Article 8 – The price

  1. During the period of validity stated in the offer, the prices of the products and services offered are not increased, except for price changes resulting from changes in VAT rates.
  2. By way of exception to paragraph 1, the trader may offer products or services at variable prices where those prices are subject to fluctuations in the financial market over which the trader has no influence. Such variability and the fact that any prices quoted are target prices are stated with the offer.
  3. Price increases within three months of the conclusion of the contract are permitted only where they result from statutory regulations or provisions.
  4. Price increases from three months after the conclusion of the contract are permitted only where the trader has stipulated this and:
    • they result from statutory regulations or provisions; or
    • the consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.
  5. Prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of such errors. In the event of a printing or typesetting error, the trader is not obliged to deliver the product at the incorrect price.

Article 9 – Conformity and guarantee

  1. The trader warrants that the products and services conform to the contract, to the specifications stated in the offer, to reasonable requirements of soundness and usability, and to the statutory provisions and government regulations in force at the time the contract is concluded.
  2. A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims the consumer may assert against the trader under the contract.
  3. Any defect or incorrectly delivered piece must be reported to the trader in writing within a reasonable time after the consumer discovers it. The piece is to be returned carefully packaged and, where possible, in its original packaging. Examining and trying on a piece does not affect the consumer’s right of withdrawal.
  4. The trader’s guarantee period corresponds to the manufacturer’s guarantee period. The trader is never responsible for the ultimate suitability of a piece for any individual use by the consumer, nor for any advice regarding the use of the piece.
  5. The guarantee does not apply where:
    • the consumer has repaired or modified the delivered piece, or has had it repaired or modified by third parties;
    • the delivered piece has been exposed to abnormal conditions, has otherwise been treated carelessly, or has been treated contrary to the trader’s instructions or those on the packaging;
    • the defect is wholly or partly the result of regulations imposed or to be imposed by government regarding the nature or quality of the materials used.

Article 10 – Delivery and performance

  1. The trader exercises the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address the consumer has made known to the trader.
  3. Subject to paragraph 4, the trader performs accepted orders promptly and at the latest within 30 days, unless the consumer has agreed to a longer delivery period. Where delivery is delayed, or where an order cannot be performed or can be performed only in part, the consumer is informed no later than 30 days after placing the order. In that case the consumer is entitled to dissolve the contract at no cost.
  4. Where delivery of an ordered piece proves impossible, the trader will endeavour to make a replacement available. The fact that a replacement is supplied will be stated clearly and comprehensibly no later than on delivery. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is borne by the trader.
  5. In the event of dissolution under paragraph 3, the trader refunds the amount the consumer has paid as soon as possible and at the latest within fourteen days.
  6. The risk of damage to or loss of pieces rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
  7. Delivery within the Netherlands only. The most valuable pieces in the collection are not shipped by parcel carrier; these are collected from the showroom or delivered personally within the Amsterdam area, as stated on the product page.

Article 11 – Membership and credits

  1. The Collectives offers three forms of membership: the Credit Pack, the Wardrobe Membership and the Executive Circle. The content, price and number of credits of each are stated on the membership page.
  2. The Wardrobe Membership has a membership period of six months. The Executive Circle has a membership period of twelve months. A Credit Pack has no membership period; its credits expire after six months.
  3. The trader sends a reminder no later than two months before the end of the membership period. The member may cancel up to one month before the end date.
  4. Where the member does not cancel in time, the membership continues for an indefinite period. From that moment the member may cancel at any time, subject to one month’s notice.
  5. Cancellation is possible through My Account or in writing to contact@thecollectives.amsterdam, and in any event in the same manner in which the membership was entered into.
  6. Moving to a more extensive membership is possible at any time and takes effect immediately. Moving to a more limited membership is not possible while a membership period is running.
  7. Credits are valid for six months from the day on which they are allocated and expire thereafter. Credits are not paid out in money, are not transferable, and are not reimbursed when a membership ends.
  8. Credits may be spent on rentals, purchases and services, unless expressly stated otherwise for a particular service.
  9. Services are available to members. The rate of each service is stated on its service page and includes VAT. Where a service is charged by the hour, additional hours are only added with the member’s prior approval.

Article 12 – Rental

  1. The Rental Policy applies to every rental contract. It is published on the website and forms an integral part of these terms. In the event of conflict, the provision most favourable to the consumer applies.
  2. A rental period runs for six, fourteen or thirty days, chosen at the time of booking, and begins on the selected delivery date. Thirty days is the maximum for a single booking.
  3. The rental period runs from the selected delivery date, whether or not the consumer is at home or collects the parcel immediately.
  4. Where the piece is handed to the carrier after the stated return date, a full additional rental period of six days is charged for each period begun.
  5. Every rental is booked using a payment card. Depending on the replacement value of the piece, an amount is reserved on that card: no reservation up to €500, €200 where the replacement value is between €500 and €2,500, and €350 above that, in the latter case with identity verification before the first booking.
  6. A reservation is security only and is not a limit of liability. Where a piece is lost, does not reach the trader within fourteen days of the return date, or is damaged to the point that it can no longer be rented out, the full replacement value is payable. That value is stated on the product page before booking.
  7. Where damage goes beyond normal signs of careful wear, the actual and reasonable cost of repair is charged. The trader first informs the consumer of the damage and the cost.
  8. Cleaning is included in the rental. The consumer does not clean, wash, steam or iron a rented piece, unless the trader expressly requests it.
  9. A booking may be cancelled free of charge until 10pm on the evening before dispatch, in which case the credits spent are returned in full. After that moment no credits are returned.

Article 13 – Buying a piece you have rented

  1. Where a rented piece is also offered for sale, the consumer may purchase it within thirty days of returning it.
  2. The credits spent on the last rental period of that piece are set against the purchase price. This applies to the most recent rental period of that specific piece and to the member who rented it.
  3. Article 6 applies in full to a purchase concluded in this way.

Article 14 – Continuing contracts: duration, cancellation and renewal

Cancellation

  1. The consumer may at any time terminate a contract entered into for an indefinite period that extends to the regular delivery of products or services, observing the agreed rules of cancellation and a notice period of no more than one month.
  2. The consumer may at any time terminate a contract entered into for a fixed period that extends to the regular delivery of products or services, with effect from the end of the fixed period, observing the agreed rules of cancellation and a notice period of no more than one month.
  3. The consumer may terminate the contracts referred to in the preceding paragraphs:
    • at any time, without being restricted to termination at a particular time or in a particular period;
    • at least in the same manner in which they entered into them;
    • always with the same notice period as the trader has stipulated for itself.

Renewal

  1. A contract entered into for a fixed period that extends to the regular delivery of products or services may not be tacitly renewed or extended for a fixed period.
  2. A contract entered into for a fixed period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period where the consumer may terminate at any time with a notice period of no more than one month.

Duration

  1. Where a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 15 – Payment

  1. Unless agreed otherwise, amounts owed by the consumer are to be paid within seven working days of the start of the cooling-off period referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
  2. The consumer is obliged to report inaccuracies in payment details provided or stated to the trader without delay.
  3. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 16 – Complaints

  1. The trader has a complaints procedure that is sufficiently publicised and handles complaints in accordance with it.
  2. Complaints about the performance of the contract are to be submitted to the trader fully and clearly described within a reasonable time after the consumer has identified the defect.
  3. Complaints submitted to the trader are answered within fourteen days of the date of receipt. Where a complaint requires a foreseeably longer processing time, the trader replies within fourteen days with an acknowledgement of receipt and an indication of when the consumer may expect a more detailed answer.
  4. Where a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the disputes procedure.
  5. Complaints should be addressed to the trader. It is also possible to submit a complaint through the European ODR platform at https://ec.europa.eu/odr.
  6. A complaint does not suspend the trader’s obligations unless the trader indicates otherwise in writing.
  7. Where the trader finds a complaint to be well founded, the trader will, at its discretion, replace or repair the delivered piece free of charge.

Article 17 – Disputes

  1. Contracts between the trader and the consumer to which these terms apply are governed exclusively by Dutch law, including where the consumer is resident abroad.
  2. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Article 18 – Additional or differing provisions

Provisions in addition to or differing from these terms may not be to the detriment of the consumer and must be recorded in writing, or in a manner that allows the consumer to store them on a durable medium in an accessible way.