Terms of service

Article 1 - Definitions

In these conditions, the following definitions apply:

1. Entrepreneur: the legal entity offering products and/or services to consumers at a distance;
2. Consumer: the natural person who is not acting for purposes related to his/her commercial, trade, craft, or professional activity, and enters into a distance contract with the entrepreneur;
3. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, without the simultaneous physical presence of the entrepreneur and the consumer, exclusively using one or more means of distance communication;
4. Means of distance communication: any tool that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same room;
5. Cooling-off period: the period during which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;
7. Long-term transaction: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
8. Durable medium: any tool that enables the consumer or entrepreneur to store information directed to him personally in a way that future consultation and unaltered reproduction of the stored information is possible. 

Article 2 - Entrepreneur's identity

Essence Fashion Inc. 
16192 Coastal Highway
Lewes, Delaware, USA

Our contact information is posted below:

Essence Fashion Inc. 

16670 Coastal Highway, Lewes,
Delaware 19958 USA

+31 (0) 20 557 3600
info@buy-essence.com

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and every distance contract realized between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's and will be sent to the consumer as quickly as possible at no extra cost.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may be provided to the consumer electronically in such a way that it can be stored by the consumer in an accessible manner on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be electronically viewed and that they will be sent electronically or otherwise to the consumer at no extra cost, before concluding the distance contract.
4. If, in addition to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 - The offer

1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If images are used, they must be a true representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:
• the price including taxes;
• any delivery costs;
• how 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 execution of the contract;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
• if the contract is archived after its conclusion, how it can be consulted by the consumer;
• how the consumer can check and correct the information provided under the contract before its conclusion;
• any other languages in which, besides Dutch, the contract can be concluded;
• the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the event of an extended transaction.

Article 5 - The contract

1. The contract, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - check whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. With the product or service, the entrepreneur will send the consumer the following information, in writing or in such a manner that the consumer can store it in an accessible manner on a durable medium:
1. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
2. 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;
3. the information about warranties and existing service after purchase;
4. the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
5. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
6. In case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal upon delivery of products

1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This reflection period commences on the day following receipt of the product by the consumer or a pre-designated representative made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the costs of return shipping are at the consumer's expense.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
• that have been created by the entrepreneur according to the consumer's specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or age quickly;
• whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for single newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
• concerning accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period;
• whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
• concerning betting and lotteries.

Article 9 - The price

1. During the validity period stated in the offer, the prices of the offered products and services shall not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This bondage to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
• they are the result of statutory regulations or provisions; or
• the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
5. The in the offer of products or services mentioned prices include VAT.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

Article 11 - Delivery and execution

1. The entrepreneur will observe the greatest possible care when receiving and in the execution of orders of products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but not later than 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified of this no later than 30 days after he placed the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
4. In case of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after termination.
5. If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement item available. At the latest at the time of delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination, and extension

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of at most one month.
2. The consumer can terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified duration with due observance of the agreed termination rules and a notice period of at most one month.
3. The consumer can the agreements mentioned in the previous paragraphs:
• terminate at any time and not be limited to termination at a specific time or in a specific period;
• at least terminate in the same way as they are entered into by him;
• always terminate with the same notice period as the entrepreneur has stipulated for himself.

Article 13 - Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never obligate the consumer to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the respective order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs announced to the consumer beforehand.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation within a reasonable time or within 3 months after the complaint has been submitted, a dispute arises that is subject to the dispute resolution.

Article 15 - Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements relating to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee via a complaint procedure.

Article 16 - Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Article 17 - Age Requirement

You must be at least eighteen years old or of legal age in your province, region, or country to become a member of Essence.

Article 18 - Account Responsibility

The member who creates the Essence account and through whose payment method the subscription costs are charged (also known as the user), has access to and control over the Essence account. Furthermore, the user is responsible for all activities that occur under the account. You are responsible for the accuracy of the information you provide to us regarding your account and to update it as necessary. We may terminate or temporarily block your account to protect you, Essence, or our partners from identity theft or other fraudulent activities.

Other

Article 19 - Applicable Law

These terms of use are governed by and interpreted in accordance with Delaware law. These conditions do not limit the mandatory judicial consumer protection that you may be entitled to under the applicable law in your country 

Article 20 - Customer Support

If you want to learn more about our service or need help with your account, you can contact us via the customer service page.

Article 21 - Surviving Provisions

If one or more provisions of these Terms of Use are deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect. 

Article 22 - Changes to the Terms of Service

Essence may change these Terms of Use from time to time. We will notify you at least 30 days before such changes apply to you. 

Article 23 - Electronic Communication

We will send you information about your account (such as payment authorizations, invoices, password changes, changes to your Payment Method(s), confirmation messages, and notifications) solely in electronic form, for example, via email to the email address you provided at registration.