Terms of service
General Terms and Conditions
Article 1. Definitions
In these general terms and conditions, the following terms, whether in plural or singular form, shall have the meanings ascribed below unless the nature or intent of the provisions dictates otherwise.
- Cooling-off period: The period within which the Consumer can exercise their right of withdrawal.
- Consumer: The natural person who is not acting for purposes related to their trade, business, craft, or profession and with whom PetitParfums has concluded or intends to conclude an Agreement.
- Agreement/Order: Any Agreement established between PetitParfums and the Consumer, in which PetitParfums is obligated to deliver goods at an agreed price.
- Parties: PetitParfums and the Consumer collectively.
- PetitParfums: The private limited company PetitParfums B.V., registered in the Dutch Chamber of Commerce under number 93638515. Contact information: info@petitparfums.nl.
- In Writing: Communication in written form, via email, fax, or any other means of communication that, given technological advancements and general societal standards, can be considered equivalent.
Article 2. General Provisions
These general terms and conditions apply to every offer from PetitParfums and any Agreement concluded. By entering into an Agreement with PetitParfums, the Consumer declares acceptance of these terms and conditions.
Any deviations from these terms and conditions must be expressly agreed upon in Writing.
In the event of a conflict between the general terms and conditions and the Agreement, the provisions in the Agreement shall prevail.
PetitParfums reserves the right to amend or supplement these terms at any time. Any changes will be announced via email or the PetitParfums website and will take effect seven (7) days after their announcement. The most recent version of the terms and conditions can be found on the website. By placing a new order after a change, the Consumer irrevocably accepts the updated terms.
If any provision in these terms is nullified or declared void, the validity of the remaining provisions remains unaffected. In such a case, Parties will negotiate to replace the invalid provision with one that reflects the original purpose as closely as possible.
Article 3. Offer and Conclusion of Agreements
All offers by PetitParfums are non-binding, even if a period for acceptance is mentioned. PetitParfums is never obliged to accept an order or deliver goods.
The Consumer cannot derive any rights from an offer containing an obvious mistake or clerical error.
An offer from PetitParfums does not automatically apply to subsequent Agreements. However, unless changes have been made, these general terms also apply to future Agreements without PetitParfums being required to provide them anew.
An Agreement is established when one party accepts the offer of the other. If the acceptance deviates from the original offer, the Agreement will not be concluded based on the deviation unless the Parties explicitly agree otherwise.
If PetitParfums begins executing the Agreement with the Consumer’s consent, the Agreement is considered established. PetitParfums reserves the right to require the Consumer to sign a written quote before entering into an Agreement.
If the Consumer enters into an Agreement on behalf of another individual, they declare to be authorized to do so. The Consumer remains jointly liable with this individual for fulfilling obligations under the Agreement.
Article 4. Delivery and Retention of Ownership
PetitParfums strives to deliver within the agreed timeframe. The delivery time depends on the location (domestic or international) and supplier workload. The stated delivery periods are never considered strict deadlines.
If delivery is delayed, the Consumer must notify PetitParfums in Writing and grant a reasonable period for compliance.
Exceeding the delivery time does not entitle the Consumer to compensation.
All delivered goods remain the property of PetitParfums until the Consumer has fulfilled all obligations under the Agreement.
If the Consumer fails to meet obligations or if reasonable doubt arises, PetitParfums has the right to reclaim delivered goods. The Consumer must fully cooperate, with a penalty of 10% of the outstanding amount per day, in addition to full damages.
Article 5. Right of Withdrawal and Exclusions
The Consumer may cancel a purchase within a fourteen (14) day cooling-off period without providing a reason. PetitParfums may ask for a reason but cannot require disclosure.
The cooling-off period begins the day after the Consumer or a designated third party receives the product, or:
- A) When multiple products are ordered: the day the last item is received.
- B) When an order consists of several shipments: the day the last shipment is received.
- C) When products are delivered regularly over time: the day the first product is received.
- D) The right of withdrawal does not apply to custom-made or personalized products.
Article 6. Consumer Obligations During the Cooling-off Period
The Consumer must handle the product and packaging with care, using it only to determine its nature and functionality as allowed in a store setting.
The Consumer is liable for any depreciation caused by use beyond what is necessary for evaluation.
Article 7. Exercising the Right of Withdrawal and Associated Costs
To exercise the right of withdrawal, the Consumer must notify PetitParfums in Writing within the cooling-off period, providing their contact details, the product(s) being returned, the order date, and the receipt date.
The Consumer must return the product within 14 days of withdrawal notification, in its original condition and packaging, following provided instructions.
The Consumer bears the direct return shipping costs unless PetitParfums states otherwise.
A 20% restocking fee applies, unless PetitParfums specifies otherwise.
Article 8. Obligations of PetitParfums Upon Withdrawal
PetitParfums will confirm receipt of the withdrawal notice electronically.
Refunds, including initial shipping costs, will be processed within fourteen (14) days of withdrawal notification. However, PetitParfums may wait until it has received the product or the Consumer proves it was returned.
Refunds will be issued via the original payment method unless otherwise agreed.
If the Consumer opted for a more expensive shipping method, PetitParfums is not obligated to refund the extra costs.
Article 9. Prices and Payments
All stated prices include VAT unless explicitly stated otherwise.
PetitParfums is not obligated to fulfill an Agreement while the Consumer has outstanding payment obligations.
Payment must be made using the available methods within the specified timeframe.
If the Consumer enters bankruptcy, applies for debt relief, or undergoes liquidation, PetitParfums must be informed immediately, and all debts become due.
Invoices will be provided via email.
Late payments automatically result in default, incurring 2% interest per month on the outstanding amount.
Collection costs, including legal fees, will be borne by the Consumer at a minimum of €100 or 15% of the outstanding amount.
Article 10. Complaints
The Consumer must inspect the goods upon delivery for:
- A) The correct items.
- B) The correct quantity.
- C) Expected quality standards.
Complaints must be submitted in Writing within eight (8) days of receipt. If the Consumer fails to do so, they forfeit their right to claim.
Minor commercial variations in weight, color, or size are not grounds for complaints.
Images, descriptions, and specifications on the website are approximate and cannot be used as a basis for complaints or claims.
Even when a complaint is valid, the Consumer remains obligated to pay and accept their order.
Here’s the English translation of your terms:
Article 11. Liability and Indemnification
PetitParfums is not liable for any damage caused by incorrect or incomplete information provided by or on behalf of the Consumer, any other failure by the Consumer to fulfill obligations arising from the law or the Agreement, any act or omission of third parties on whom PetitParfums relies, such as its suppliers, or any other circumstance that cannot be attributed to PetitParfums.
PetitParfums’ liability for an attributable failure to perform the Agreement, a wrongful act, or any other act or omission by PetitParfums, its employees, or third parties engaged by it, is limited to compensation for direct damages. The liability for direct damages per incident (where a series of related incidents is considered a single incident) towards a Consumer is limited to the total amount that the Consumer has paid to PetitParfums under the Agreement in the twelve (12) calendar months prior to the incident (excluding VAT). However, the total liability of PetitParfums shall never exceed €150 (excluding VAT).
"Direct damage" as referred to in the previous paragraph means exclusively:
A) Property damage;
B) Reasonable expenses incurred by the Consumer to ensure that PetitParfums' performance conforms to the Agreement;
C) Reasonable expenses incurred by the Consumer to determine the cause and extent of the damage, insofar as the determination relates to direct damage under this Agreement;
D) Reasonable expenses incurred to prevent or limit damage, insofar as the Consumer can demonstrate that these expenses have resulted in the limitation of direct damage under this Agreement.
PetitParfums is not liable for any other damages beyond direct damage as defined above, including but not limited to consequential damage arising from or related to the Agreement, such as loss of profit, revenue, expected savings, and similar financial losses, including loss of goodwill or reputation, or any incidental, indirect, punitive, or exemplary damages, regardless of whether the Consumer has informed PetitParfums of such potential damages or losses.
The Consumer's right to claim damages under this Agreement, based on wrongful acts or otherwise, expires in any case one (1) year after the event that gave rise to the claim or proceedings.
The liability limitations in these general terms and conditions do not apply if the damage was caused by intentional misconduct or gross negligence by PetitParfums.
Article 12. Force Majeure
PetitParfums is not obliged to fulfill any obligation under the Agreement if and for as long as it is hindered from doing so by circumstances that, under the law, legal acts, or generally accepted social standards, cannot be attributed to it. In addition to what is covered by law and jurisprudence, force majeure includes all external causes beyond PetitParfums' control that make the (further) performance of the Agreement impossible or significantly more difficult, including but not limited to (extreme) weather conditions and actions or omissions of third parties on whom PetitParfums depends, such as its suppliers.
If the force majeure situation permanently prevents the fulfillment of the Agreement, both Parties are entitled to terminate the Agreement with immediate effect.
If, at the time the force majeure situation occurs, PetitParfums has already partially fulfilled its obligations or can only partially fulfill them, it is entitled to separately invoice the completed or executable portion of the Agreement as if it were an independent Agreement.
Damages resulting from force majeure are never eligible for compensation.
Article 13. Suspension and Termination
PetitParfums is entitled, if circumstances reasonably justify, to suspend the execution of the Agreement or to terminate it wholly or partially with immediate effect if and insofar as the Consumer does not, does not timely, or does not fully comply with their obligations under the Agreement, or if circumstances that became known after concluding the Agreement give PetitParfums good reason to believe that the Consumer will not fulfill their obligations.
If the Consumer is declared bankrupt, applies for (provisional) suspension of payments, is subject to the Debt Restructuring Natural Persons Act, has applied for guardianship, or if any seizure is placed on the Consumer's assets and/or claims, PetitParfums is entitled to terminate the Agreement with immediate effect unless the Consumer has already provided sufficient security for the amounts due and yet to become due under the Agreement.
Furthermore, PetitParfums is entitled to terminate the Agreement if circumstances arise that make the fulfillment of the Agreement impossible or that make it unreasonable to expect PetitParfums to maintain the Agreement.
The Consumer is never entitled to any form of compensation in connection with the suspension or termination of the Agreement by PetitParfums under this article. However, if the circumstances leading to the termination of the Agreement can reasonably be attributed to PetitParfums, the Consumer may at most be entitled to a refund or cancellation of the price proportional to the unfulfilled or to-be-unfulfilled portion of the Agreement.
To the extent attributable, the Consumer is required to compensate any damages incurred by PetitParfums due to the suspension or termination of the Agreement.
If PetitParfums terminates the Agreement under this article, all claims against the Consumer become immediately due.
Article 14. Intellectual Property Rights
The intellectual property rights relating to the offered products as well as the accessible information, such as texts, look-and-feel, videos, audio, images, or photographs, are owned by PetitParfums and/or its licensors. Nothing in these general terms and conditions shall constitute a transfer of any intellectual property rights.
The Consumer's use of the goods supplied by PetitParfums may not lead to reproduction, modification, copying, distribution, or use for commercial purposes in any way.
Article 15. Final Provisions
Every Agreement and all resulting legal relationships between the parties are exclusively governed by Dutch law.
The parties shall not take legal action before making every effort to settle the dispute amicably.
All disputes related to Agreements between PetitParfums and the Consumer, to which these terms apply and which are not within the jurisdiction of the subdistrict court, will be settled by the competent court in the district where PetitParfums has its registered office. However, PetitParfums reserves the right to bring the dispute before the legally competent court, at its discretion.
PetitParfums may transfer rights and obligations arising from the Agreement and/or these general terms and conditions to third parties and will notify the Consumer accordingly. If the Consumer finds such a transfer of obligations to a third party unacceptable, they may terminate the Agreement.
Article 16. Additional Provisions Regarding the Purchase of Full Bottles
In addition to offering decants in 2-5-10ml, we also offer full bottles. All bottles are delivered sealed with a free tester. This tester is intended for trying the fragrance without breaking/opening the seal of the full bottle. If the scent is not to your liking after trying the included tester, you may return the full bottle, provided it remains untouched. Return costs and liability are the responsibility of the Consumer. Keep your return receipt until we have processed your return.
Under Directive 2011/83/EU and Article 6:230p sub f, paragraph 3 of the Dutch Civil Code, a consumer has no right of withdrawal for goods that, for health protection or hygiene reasons, cannot be easily resold to another consumer if the seal has been broken after delivery.
A consumer who nevertheless opens and returns the purchased bottle is not entitled to a refund. Breaking the seal makes it impossible or very difficult for PetitParfums to resell the product to another customer. Since a solution has been provided in the form of a free tester, no appeal can be made to the right of withdrawal when purchasing a full bottle in our webshop.