Customer Service
Terms and Conditions
Article 1: Introduction and identity of the seller
- The private company Neycko Menswear BV, with its office at Oude Middenweg 231-F 2491 AG Den Haag, the Netherlands, registered with the Chamber of Commerce under number 83215263 (hereinafter referred to as: “Neycko Menswear BV ”) and has VAT identification number: NL862773 The Neycko Menswear BV website is www.neycko.com (hereinafter referred to as: “the Website ”).
- The provisions in these General Terms and Conditions (hereinafter referred to as: “AV ”) apply to any legal relationship between Neycko Menswear BV and the consumer.
Article 2: Definitions
In these AV, the following definitions have the meaning as set forth.
(i) Reflection period: the period of 14 (fourteen) days within which the consumer can exercise his right of withdrawal;
(ii) Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with Neycko Menswear BV;
(iii) Day: calendar day;
(iv) Continuous performance agreement: a distance contract in respect of a range of products whose supply and / or purchase obligation is spread over a longer period;
(v) Durable data carrier: any means that enables the consumer or Neycko Menswear BV to store information that is personally addressed to him in a way that allows for future consultation and unaltered reproduction of the stored information;
(vi) Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;
(vii) Neycko Menswear BV: the legal person who offers products to the consumer remotely;
(viii) Distance contract: an agreement under which, a system for the distance sale of products organized by Neycko Menswear BV, including the conclusion of the contract, only one or more technologies for distance communication are used;
(ix) Technology for distance communication: a means that can be used for entering into an agreement, without the consumer and Neycko having come together in the same room at the same time.
Article 3: Applicability
- This AV applies to every offer from Neycko Menswear BV and to every distance contract concluded between Neycko Menswear BV and the Consumer. Before the distance contract is concluded, the text of these GTC is made available to the consumer. If this is not reasonably possible, the AV can be viewed at Neycko Menswear BV or sent free of charge at the request of the Consumer.
- If the distance contract is concluded electronically, the text of these GTC can be made available to the Consumer electronically in such a way that the consumer can easily store this text on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the GTC can be read electronically and that they will be sent free of charge by electronic means or by other means at the request of the consumer.
Article 4: The offer
- If an offer has a limited period of validity or is made under certain conditions, this is explicitly stated in the offer.
- The offer contains a complete and accurate description of the products offered by Neycko Menswear BV. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Neycko Menswear BV uses images, they are a truthful representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind Neycko Menswear BV.
- Each offer contains sufficient information so that it is clear to the consumer what the rights and obligations are associated with an acceptance of the offer.
This mainly concerns:
(i) The price including taxes;
(ii) Any delivery costs;
(iii) The manner in which the distance contract is concluded and the actions required for it;
(iv) Whether or not to apply the right of withdrawal;
(v) The method of payment, delivery and execution of the distance contract;
(vi) The term for acceptance of the offer or the period within which Neycko Menswear BV guarantees the price;
(vii) The level of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the means of communication used;
(viii) Whether the distance contract is documented after its conclusion and, if so, how it can be consulted by the consumer;
(ix) The manner in which the consumer, before concluding the distance contract, can check and, if desired, correct the information provided by him under the distance contract;
(x) The codes of conduct to which Neycko Menswear BV has submitted and the way in which the consumer can consult these codes of conduct electronically;
(xi) The minimum duration of the distance selling contract in case of a lease.
Article 5: The Contract
- Subject to the provisions of Article 4, the distance contract is concluded when the consumer accepts the offer and meets the conditions set for it.
- If the consumer has accepted the offer electronically, Neycko Menswear BV will immediately confirm acceptance of the offer electronically. As long as Neycko Menswear BV does not acknowledge receipt of this acceptance, the consumer can dissolve the distance contract.
- If the agreement is concluded remotely by electronic means, Neycko Menswear BV will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, Neycko Menswear BV will take appropriate security measures to secure this payment.
- Neycko Menswear BV can inform – within legal frameworks – whether the consumer can meet his payment obligations, as well as to be informed of all those facts and factors that are important for the responsible conclusion of the agreement at a distance. If, on the basis of this investigation, Neycko Menswear BV has good reasons not to conclude the distance contract, he has the right to refuse an order or request motivated or to attach special conditions to the execution of the distance contract.
- When sending the product, Neycko Menswear BV will send the following information to the consumer in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
A) The business address of Neycko Menswear BV where the consumer can go with complaints;
B) The conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
C) Information about warranties and existing after-sales service;
D) The data laid down in Article 4 paragraph 3 of these conditions, unless Neycko Menswear BV has already provided this data to the Consumer before the execution of the distance contract;
E) Require cancellation if the distance contract has a duration of more than one year or if it concerns an open-ended contract.
F) In the event of continued performance, the latter provision applies only to the first delivery.
- When a consumer buys a product, he is given the opportunity to dissolve the distance contract without giving any reason for 14 days. This reflection period commences on the day after the consumer, or a pre-designated representative announced by the consumer to Neycko Menswear BV, has received the product. You are only liable for the depreciation of the goods resulting from the use of the goods, which goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
- The consumer can only exercise his right of withdrawal if:
- It is not a product that can spoil quickly, such as food or flowers;
- The product is not specially tailor-made for the consumer or adapted to his special needs (tailor-made products are NOT eligible for the return policy);
- It is not a product that cannot be returned for hygienic reasons (underwear, swimwear, jewelry, etc.);
- The seal remains intact if the product is a data carrier with digital content (DVDs, CDs, etc.);
- The product is not a (holiday) trip, ticket, catering order or form of leisure activities;
- The product is not a separate magazine or newspaper;
- The purchase does not concern (order for) emergency repair;
- The consumer has not waived his right of withdrawal;
- The consumer can only exercise his right of withdrawal if:
- If the consumer exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to Neycko Menswear BV.
- The consumer can cancel in any written way, either electronically or via a paper letter. The Dutch consumer can use the standard letter of cancellation as drawn up by the Authority for Consumers & Markets.
- If a consumer does not have the legally required information on the right of withdrawal, the period of 12 months referred to in paragraph 1 shall expire after the end of the original 14-day period determined in accordance with the previous paragraphs of this article.
Article 7: Costs in case of cancellation
- If the consumer exercises his right of withdrawal, he will bear the costs of returning the product.
- If the consumer has paid for the product, Neycko Menswear BV will refund this amount as soon as possible, but no later than 14 days after the consumer has made the withdrawal. Neycko Menswear BV will refund the consumer in the same way as the consumer Neycko Menswear BV has paid.
Article 8: Exclusion of right of withdrawal
- Neycko Menswear BV can exclude the right of withdrawal of the consumer insofar as this is stipulated in paragraph 2 of this article. The exclusion of the right of withdrawal only applies if Neycko Menswear BV has clearly stated this in the offer or before the conclusion of the distance contract.
- Exclusion of the right of withdrawal is only possible for products:
A) Which are custom made;
B) which are clearly of a personal nature;
C) Which, by their nature, cannot be returned;
D) That spoil or age quickly;
E) The price of which is subject to fluctuations in the financial market over which Neycko Menswear BV has no influence.
Article 9: The Price
- During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
- By way of derogation from the previous paragraph, Neycko Menswear BV can offer products whose prices are subject to fluctuations in the financial market over which Neycko Menswear BV has no influence, with variable prices. This commitment to fluctuations and the fact that any prices are recommended prices are stated in the offer.
- Price increases that take place within 3 months after the conclusion of the distance contract are only permitted if they are the result of statutory regulations or provisions;
- Price increases from 3 months after the conclusion of the distance contract are only permitted if Neycko Menswear BV has insisted on this and:
A) These increases are the result of legal regulations or provisions; or
B) The consumer has the right to terminate the distance contract from the day on which the increase takes effect.
C) The prices stated in the range of products include VAT.
Article 10: Conformity and Warranty
- Neycko Menswear BV guarantees that the products meet the contract conditions, the specifications stated in the offer, the reasonable requirements of sound quality and / or usability and the legal provisions and / or government regulations existing on the date on which the agreement is concluded remotely.
- A guarantee provided by Neycko Menswear BV does not in any way affect the legal rights and claims that the consumer can assert against Neycko Menswear BV under the distance contract.
Article 11: Delivery and implementation
- Neycko Menswear BV will take the greatest possible care when receiving and executing orders for products. The place of delivery is the address that the consumer makes known to the company. With due observance of what is stated in article 4 of these GTC, Neycko Menswear BV will execute accepted orders expeditiously, but no later than within 14 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive a message no later than 14 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation. This damage can never exceed the value of the underlying invoice.
- If the distance contract is dissolved in accordance with the previous paragraph, Neycko Menswear BV will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution, in the same way as the consumer paid Neycko Menswear BV.
- If delivery of an ordered product proves impossible, Neycko Menswear BV will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of a possible return shipment are for the account of Neycko Menswear BV.
- The risk of damage and / or loss of products rests with Neycko Menswear BV until the moment of delivery to the consumer or a pre-designated representative announced to Neycko Menswear BV, unless expressly agreed otherwise.
Article 12: Liability
- To the extent permitted by law, Neycko Menswear BV excludes liability for damage suffered by the consumer as a result of:
(a) use of the Website;
(b) incorrect information on the Website;
(c) purchase of products through the Website;
(d) use of products purchased through the Website; - If Neycko Menswear BV is liable for any reason, that liability is at all times limited to a maximum of (a) the total compensation that the consumer has paid to Neycko Menswear BV during the 6 months prior to the act that caused the liability , or (b) € 150, depending on what is highest.
- Neycko Menswear BV is at no time liable for any indirect damage or consequential damage resulting from the use of a product purchased from Neycko Menswear BV.
Article 13: Payment
- Insofar as no other date has been agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period.
- When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. When prepayment has been stipulated, the consumer cannot do any justice to the execution of the order in question before the stipulated prepayment has taken place.
- The consumer has the obligation to report inaccuracies in the payment details provided or reported to Neycko Menswear BV without delay.
- In the event of a transfer to a bank account or electronic payment, the date on the bank statement of Neycko Menswear BV is the date on which the payment was made.
- The consumer who has not paid no later than the due date, without the need for any reminder or notice of default, is in default towards Neycko Menswear BV, with the exception of the situations as stipulated in Article 15 (2). From that moment on, the consumer owes statutory interest. The interest is calculated on the total amount due until full payment has been made.
- In the event of default by the consumer, Neycko Menswear BV has the right, subject to legal restrictions, to charge the reasonable costs notified to the consumer in advance.