Terms & conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Extended duration transaction: a distance contract relating to a series of products and/or services, the obligation to supply and/or purchase of which is spread over time;
Durable medium: any means enabling the consumer or the trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by the trader, which a consumer can complete when they wish to exercise their right of withdrawal;
Trader: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: a contract under which, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and the trader being together in the same room at the same time;
General Terms and Conditions: the present General Terms and Conditions of the trader.

Article 2 – Identity of the trader

Principal business: Cotton District B.V.
Registered address: Jan Tinbergenstraat 131, 7559 SP, Hengelo
Email address: info@cottondistrict.shop
Chamber of Commerce (KvK) number: 78412692
VAT identification number: NL 861382870B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader 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, the trader shall indicate, before the distance contract is concluded, that the general terms and conditions 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.
If the distance contract is concluded electronically, then, notwithstanding 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 it on a durable medium. If this is not reasonably possible, the trader shall indicate, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms and conditions the consumer may always invoke the applicable provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the contract and these terms and conditions shall otherwise remain in force, and the provision concerned shall be replaced without delay, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The trader is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
All images and specification details in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
No rights may be derived from any of the trader's marketing communications. All content outside the trader's website (www.cottondistrict.nl) is therefore subject to typographical and/or formatting errors.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
- the price including taxes;
- any delivery costs;
- the manner in which the contract will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the contract;
- the period for accepting the offer, or the period within which the trader guarantees the price;
- the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the contract will be archived after conclusion and, if so, how the consumer may consult it;
- the manner in which the consumer can check and, if desired, correct the data provided by them under the contract before concluding the contract;
- any other languages in which, in addition to Dutch, the contract may be concluded;
- the codes of conduct to which the trader has subscribed and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of an extended duration transaction.

Optional: available sizes, colours, types of materials.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions attached thereto.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader shall observe appropriate security measures for this purpose.
The trader may — within legal frameworks — inform themselves as to whether the consumer is able to meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
With the product or service, the trader shall send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium: a. the visiting address of the trader's establishment where the consumer can go with complaints; b. 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; c. information about guarantees and existing after-sales service; d. the details included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided these details to the consumer prior to performance of the contract; e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of an extended duration transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

On delivery of products:

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the trader.
During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or try on the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they shall return the product to the trader with all accessories supplied and attached labels and — if reasonably possible — in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days of receipt of the product. The consumer must give such notice by means of the returns form. The customer must return the product within 14 days. The consumer must prove that the goods delivered were returned in good time, for example by means of proof of dispatch.
If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is final.
If a return does not meet the return conditions, the trader reserves the right to refuse the return. The refused products may be returned to the customer at the customer's expense.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, they shall bear at most the costs of returning the goods.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer at variable prices those products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence. This link to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and: a. they result from statutory regulations or provisions; or b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and guarantee

Cotton District does not offer any wear or wash guarantee.
No guarantee can be offered on "ripped jeans" either (jeans sold with tears as part of the model/design). Cotton District is not responsible for the existing "ripped spots" (tears) tearing further.
No guarantee is offered on the belt loops at the left and right rear of the jeans tearing upwards. This is a consequence of pulling the jeans up by the belt loops. Belt loops are only intended to hold the belt in place, not to pull up the jeans.
Any defects or incorrectly delivered products must be reported to the trader within 14 days of delivery. Products must be returned in their original packaging and in as-new condition.
However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

Article 11 – Delivery and performance

Should the consumer not have received the parcel, they are obliged to report this within 14 days. After this period, Cotton District can no longer start an investigation to determine where the parcel is, and no solution can be offered.
The trader shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery to a parcel point is chosen and the parcel is not collected within 7 days, PostNL will return the parcel. Pending instructions from the customer, these parcels will be set aside in our warehouse.
The risk of damage to and/or loss of products 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.

Article 12 – Extended duration transactions: duration, termination and renewal

Termination

The consumer may at any time terminate a contract entered into for an indefinite period which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may at any time terminate a contract entered into for a fixed period which extends to the regular delivery of products (including electricity) or services, with effect from the end of the fixed period, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may, with regard to the contracts referred to in the previous paragraphs:
- terminate them at any time and not be restricted to termination at a specific time or during a specific period;
- terminate them at least in the same manner as they entered into them;
- always terminate them with the same notice period as the trader has stipulated for themselves.

Renewal

A contract entered into for a fixed period which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
Notwithstanding the previous paragraph, a contract entered into for a fixed period which extends to the regular delivery of daily newspapers, news publications, weeklies and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer is able to terminate this renewed contract towards the end of the renewal with a notice period of no more than one month.
A contract entered into for a fixed period which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months where the contract extends to the regular — but less than once a month — delivery of daily newspapers, news publications, weeklies and magazines.
A contract of limited duration for the regular trial delivery of daily newspapers, news publications, weeklies and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the commencement 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 commences after the consumer has received confirmation of the contract.
The consumer has a duty to report any inaccuracies in payment details provided or stated to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the trader within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the trader are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure. If a complaint is found to be justified by the trader, the trader shall, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes via Klarna

For disputes submitted via Klarna, Klarna immediately charges €25 excluding VAT in costs. If the dispute is settled in Cotton District's favour, Cotton District will invoice these costs to the customer. Cotton District sends all orders to the address provided by the customer. If the parcel has nevertheless not been delivered to you correctly, please contact Cotton District for a solution.