Email: info@ourpinkypromises.com

Website:https://www.ourpinkypromises.com

Definitions

Pinky Promises: Pinky Promises, established in Amsterdam under Chamber of Commerce no. 83787992.

Customer: the person with whom Pinky Promises has entered into an agreement.

Parties: Pinky Promises and customer together.

Consumer: a customer who is also a natural person and acts as a private individual

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Pinky Promises.
2. The parties can only deviate from these terms and conditions if they have expressly agreed this in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by Pinky Promises are in euros, including VAT and excluding any other costs such as: administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. All prices that Pinky Promises uses for its products, on its website or that are otherwise made known, Pinky Promises can change at any time.
3. Increases in the cost prices of products or parts thereof, which Pinky Promises could not foresee when making the offer or concluding the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

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Payments and payment term

1. Pinky Promises may make a down payment of a maximum of 50% of the agreed amount upon entering into the agreement.
2. Terms of payment are considered strict terms of payment. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without Pinky Promises having to send the customer a reminder or being in default.
3. Pinky Promises reserves the right to make a delivery dependent on immediate payment or to require security for the total amount of the services or products.

Consequences of not paying on time

1. If the customer does not pay within the agreed term, Pinky Promises is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day that the customer is in default, whereby part of a month is counted. . a whole month.
2. If the customer is in default, he is also liable for the extrajudicial collection costs and any compensation owed to Pinky Promises.
3. The collection costs are calculated on the basis of the Reimbursement of Extrajudicial Collection Costs Decree.
4. If the customer does not pay on time, Pinky Promises may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Pinky Promises against the customer are immediately due and payable.
6. If the customer refuses to cooperate in the implementation of the agreement by Pinky Promises, he is still obliged to pay the agreed price to Pinky Promises.

Right to advertising

1. As soon as the customer is in default, Pinky Promises is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Pinky Promises invokes the right to complain by means of written or electronic communication.
3. As soon as the customer has been informed of the invoked right to complain, the customer must immediately return the products to which this right relates to Pinky Promises, unless the parties agree otherwise.
4. The costs of returning or returning the products are the responsibility of the customer

Right of withdrawal

1. A consumer can revoke an online purchase during a cooling-off period of 14 days without giving reasons, provided that:

• the product has not been used
• it is not a product that can spoil quickly, such as food or flowers
• it is not a product tailored or modified specifically for the consumer
• it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
• the seal is still intact when it comes to data carriers with digital content (DVDs, CDs, etc.)
• the product or service is not an accommodation, travel, restaurant business, transportation, catering job or form of leisure activity
• the product is not a loose magazine or newspaper
• the consumer has not waived his right of withdrawal

1. The reflection period of 14 days as referred to in paragraph 1 starts:

• on the day after the consumer has received the last product or part of 1 order
• once the consumer has confirmed that he will purchase digital content over the internet

1. The consumer can make his appeal to the right of withdrawal known via info@ourpinkypromises.com , if desired using the withdrawal form that is available on the Pinky Promises website, https://www . ourpinkypromises.com, can be downloaded.
2. The consumer is obliged to return the product within 14 days after notification of his right of withdrawal. Otherwise he loses his right of withdrawal.

Reimbursement of delivery costs

1. If the consumer has made timely use of his right of withdrawal and the order has been returned to Pinky Promises in full, Pinky Promises will refund the shipping costs paid by the consumer within 14 days after receipt of the timely and fully returned order.
2. The costs for delivery are only for the account of Pinky Promises insofar as the entire order has been returned.

Reimbursement of return costs

If the consumer makes use of his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of this suspension of the obligation under the agreement.

right of retention

1. Pinky Promises can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to Pinky Promises, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Pinky Promises.
3. Pinky Promises is never liable for any damage that the customer may suffer as a result of exercising his right of retention.

Regulation

Unless the customer is a consumer, the customer waives his right to set off any debt to Pinky Promises against a claim against Pinky Promises.

Retention of title

1. Pinky Promises remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations with regard to Pinky Promises on the basis of the agreement concluded with Pinky Promises, by whatever name, including claims for non-performance.
2. Until then, Pinky Promises can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell or dispose of the products or otherwise object to them.
4. If Pinky Promises invokes its retention of title, the agreement is deemed to have been dissolved and Pinky Promises has the right to claim compensation, lost profit and interest.

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Pinky Promises, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address specified by the customer.
4. If the agreed amounts are not paid or are not paid on time, Pinky Promises is entitled to obligations until the agreed part has been paid.
5. In the event of late payment, there is default of payment by creditors, with the result that the customer cannot object to late delivery by Pinky Promises.

Time to deliver

1. The delivery times stated by Pinky Promises are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts at the moment that the customer has completed the (electronic) ordering process and has received an (electronic) confirmation from Pinky Promises.
3. Exceeding the specified delivery time does not entitle the customer to compensation, nor the right to dissolve the agreement, unless Pinky Promises cannot deliver in writing within 14 days or the parties have agreed otherwise.

actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place at the place where this took place.

Transportation costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must take receipt of it and have the forwarder or delivery person make a note of this, failing which Pinky Promises cannot be held liable for any damage. If the customer takes care of the transport of a product himself, he must report any visible damage
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Pinky Promises prior to transport, failing which Pinky Promises cannot be held liable for any damage.

Storage

1. If the customer does not receive ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs resulting from early or late purchase of products will be fully borne by the customer.

Guarantee

1. The warranty with regard to products only applies to defects caused by manufacturing, construction or material defects.
2. The warranty does not apply in case of normal wear and tear and damage caused by accidents, changes to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the time when they are legally and/or actually delivered, at least in the power of the customer or a third party. who receives the product on behalf of the customer.

Stock exchange

1. Exchanging purchased items is only possible if the following conditions are met:

• exchange takes place within 14 days after purchase on presentation of the original invoice
• the product is returned in the original packaging or with the original (price) tags still attached
• the product has not yet been used

1. Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially made for the customer cannot be exchanged.

disclaimer

The customer indemnifies Pinky Promises against all claims from third parties with regard to the products and/or services supplied by Pinky Promises.

Complaints

1. The customer must examine a product or service provided by Pinky Promises as soon as possible for possible shortcomings.
2. Does a delivered product or service not meet what the customer reasonably expects from the agreement? The customer must therefore inform Pinky Promises as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Pinky Promises of the shortcomings within 2 months after discovery.
4. The customer provides as detailed a description as possible of the shortcoming, so that Pinky Promises is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Pinky Promises being obliged to perform other work than has been agreed.

Notice of default

1. The customer must inform Pinky Promises in writing of any notice of default.
2. It is the responsibility of the customer that a notice of default by Pinky Promises is actually reached (in time).

Joint and several liability customer

If Pinky Promises enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe to Pinky Promises under that agreement.

Liability Pinky Promises

1. Pinky Promises is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
2. If Pinky Promises is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
3. Pinky Promises is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
4. If Pinky Promises should be liable, then this liability is limited to the amount that is paid out by a concluded (professional) liability insurance and in the absence of (full) payment of the damage amount by an insurance company, the liability is limited to the (part of the ) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Any right of the customer to compensation from Pinky Promises expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Right to dissolution

1. The customer has the right to dissolve the agreement if Pinky Promises imputably fails in the fulfillment of its obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by Pinky Promises is not permanently or temporarily impossible, dissolution can only take place after Pinky Promises is in default.
3. Pinky Promises has the right to dissolve the agreement with the customer if the customer does not fulfill its obligations under the agreement, or does not fully or on time, or if Pinky Promises has become aware of circumstances that give it good grounds to fear that the customer will obligations cannot be fulfilled properly.

Force majeur

1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of Pinky Promises in the fulfillment of any obligation towards the customer cannot be attributed to Pinky Promises in a situation independent of the will of Pinky Promises, prevention of the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected of Pinky Promises.
2. The force majeure situation referred to in paragraph 1 also includes, but is not limited to: a state of emergency (such as: civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
3. If a force majeure situation arises as a result of which Pinky Promises cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Pinky Promises can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties can dissolve the agreement in whole or in part in writing.
5. Pinky Promises does not owe any (damage) compensation in a situation of force majeure, even if it benefits from the situation of force majeure.

Change of the agreement

1. If, after the conclusion of the agreement for its implementation, it appears that it is necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. The previous paragraph does not apply to products purchased in a physical store.

Change conditions

1. Pinky Promises is entitled to change or supplement these general terms and conditions.
2. Minor changes can be made at any time.
3. Major substantive changes will be discussed by Pinky Promises with the customer in advance as much as possible.
4. Consumers have the right to dissolve the agreement in the event of a substantial change to the general terms and conditions.

Transfer of Rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Pinky Promises.
2. This provision applies as a property law provision as referred to in Section 3:83(2) of the Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will affect the other provisions of these terms and conditions.
2. In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Pinky Promises had in mind when drafting the conditions on that point.

Applicable law and competent court

1. Dutch law applies exclusively to any agreement between the parties.
2. The Dutch court in the district where Pinky Promises has its registered office / practice / office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Drafted on 04 December 2021.