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 exercise of a profession or business and enters into a distance contract with the trader;

Day: calendar day;

Continuing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or 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 withdraw from the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement whereby, within the framework of a system organised by the trader for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Distance communication technology: a means that can be used to conclude an agreement without the consumer and trader being simultaneously present in the same location.

General Terms and Conditions: the present General Terms and Conditions of the trader.

Article 2 – Identity of the Trader
Company name: Ease Label B.V.
Chamber of Commerce number: 98763490
Trade name: Ease Fitwear
VAT number: NL868633136B01
Customer service email: support@easefitwear.com
Business address: Hambakenwetering 1 K, 5231DD 's-Hertogenbosch

Artikel 3 – Applicability 
These general terms and conditions apply to every offer 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 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 inspected at the trader’s premises and that they will be sent to the consumer as soon as possible, free of charge, upon request.
If the distance contract is concluded electronically, by derogation from 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 by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically, and that they will be sent to the consumer electronically or by other means, free of charge, upon request.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on 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 are annulled, the agreement and these terms and conditions shall otherwise remain in force and the relevant provision shall be immediately replaced by mutual agreement with a provision that approximates the purport of the original as closely as possible.
Situations not governed by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall 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 will be expressly stated in the offer.
The offer is non-binding. The trader is entitled to amend 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 true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall not be binding on the trader.
All images, specification data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Each offer contains such information that the consumer is clearly informed of the rights and obligations attached to acceptance of the offer. This concerns in particular:
the price, excluding customs clearance costs and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will, with respect to the import, make use of the special scheme for postal and courier services. This scheme applies when goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (with or without the charged customs clearance costs) from the recipient of the goods; 
any shipping costs;
the manner in which the agreement 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 of the agreement;
the deadline for accepting the offer, or the period within which the trader guarantees the price;
the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the communication medium used;
whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;
any other languages in which, in addition to English, the agreement can be concluded;
the codes of conduct to which the trader is subject 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 a continuing transaction.
Optional: available sizes, colours, type of materials.

Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions set therein.
If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.
The trader may, within legal parameters, inform itself whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to entering into the distance contract responsibly. If the trader, on the basis of this investigation, has good grounds for not entering into the agreement, they are entitled to refuse an order or application with reasons stated, or to attach special conditions to performance.
The trader will provide the consumer with the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
1.    the visiting address of the trader’s establishment where the consumer can go with complaints;
2.    the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3.    information on warranties and existing after-sales service;
4.    the information included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to performance of the agreement;
5.    the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period.
In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the trader.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – where reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 14 days of receiving the product. The consumer must give notice by means of a written message/email. After the consumer has notified their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of postage. 
If the customer has not notified their intention to exercise the right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, and/or has not returned the product to the trader, the purchase is final.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.
If the consumer has paid an amount, the trader will 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 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 only applies if the trader has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products: 
1.    that have been produced by the trader in accordance with the consumer’s specifications;
2.    that are clearly personal in nature;
3.    that cannot be returned due to their nature;
4.    that can spoil or age quickly;
5.    whose price is subject to fluctuations in the financial market over which the trader has no influence;
6.    for individual newspapers and magazines;
7.    for audio and video recordings and computer software of which the consumer has broken the seal.
8.    for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
1.    relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
2.    whose delivery has commenced with the consumer’s express consent before the cooling-off period has expired;
3.    relating to betting and lotteries.

Article 9 – The Price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
By derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices. This dependency on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer. 
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
1.    these result from statutory regulations or provisions; or
2.    the consumer is entitled to terminate the agreement with effect from the day on which the price increase takes effect.
The place of delivery is, pursuant to Article 5, first paragraph, of the Value Added Tax Act 1968, in the country where the transport commences. In the present case, this delivery takes place outside the EU. As a result, the postal or courier service will collect import VAT and/or customs clearance costs from the recipient. Therefore, no VAT will be charged by the trader. 
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 Warranty
The trader warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or fitness for purpose and the statutory provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the trader also warrants that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the agreement.
Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Return of the products must be made in the original packaging and in new condition.
The trader’s warranty period corresponds to the manufacturer’s warranty period. 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.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the trader and/or the packaging;
The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance
The trader will exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in Article 4 of these general terms and conditions, the company will 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 will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the trader will endeavour to make a replacement item available. No later than at the time of delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a previously designated representative made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing Transactions: duration, termination and renewal
Termination
The consumer may at any time terminate an agreement concluded for an indefinite period and which provides for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may at any time terminate an agreement concluded for a fixed period and which provides for the regular delivery of products (including electricity) or services, towards the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
at any time and shall not be restricted to termination at a specific time or during a specific period;
terminate at least in the same manner in which they were concluded;
always terminate with the same notice period as the trader has stipulated for itself.
Renewal
An agreement concluded for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
By derogation from the previous paragraph, an agreement concluded for a fixed period and which provides for the regular delivery of daily newspapers, news publications, weeklies and magazines may be tacitly extended for a fixed period of maximum three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement concluded for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement provides for the regular, but less than once a month, delivery of daily newspapers, news publications, weeklies and magazines.
An agreement with a limited duration for the regular introductory delivery of daily newspapers, news publications, weeklies and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically upon expiry of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, after one year the consumer may terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has a duty to immediately report any inaccuracies in the payment details provided or stated to the trader.
In the event of default by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted to the trader within 7 days, fully and clearly described, after the consumer has identified the defects.
Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the disputes procedure.
A complaint does not suspend the obligations of the trader, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Dutch law exclusively applies to agreements between the trader and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.

Article 16 – CESOP
Due to the measures introduced and tightened as of 2024 regarding the ‘Amendment of the Value Added Tax Act 1968 (Act implementing the Payment Service Providers Directive)’ and thereby the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.