Terms of service

E-mail: info@ourpinkypromises.com

Website: https://www.ourpinkypromises.com

Definitions

Pinky Promises: Pinky Promises, based in Amsterdam, registered under Chamber of Commerce number 83787992.
Customer: the person or entity with whom Pinky Promises has entered into an agreement.
Parties: Pinky Promises and the Customer together.
Consumer: a Customer who is also a natural person acting as a private individual.

Applicability of General Terms and Conditions

These terms apply to all quotes, offers, assignments, orders, agreements, and deliveries of services or products by or on behalf of Pinky Promises.
Deviations from these terms are only valid if expressly agreed in writing by both Parties.
The applicability of any additional or differing general terms and conditions from the Customer or third parties is expressly excluded.

Prices

All prices used by Pinky Promises are in euros (€), including VAT, and excluding any other costs such as administrative fees, levies, travel, shipping, or transport costs, unless explicitly stated otherwise or agreed in writing.
Prices for products shown on Pinky Promises’ website or otherwise communicated may be changed by Pinky Promises at any time.
Increases in production or component costs unforeseeable at the time of offer or agreement may lead to price increases.
The consumer has the right to cancel the agreement due to such a price increase, unless the increase results from statutory regulation.

Payments & Payment Terms

Pinky Promises may require an advance payment of up to 50% of the agreed amount upon entering the agreement.
Payment terms are strict deadlines: if the Customer fails to pay by the final due date, they are automatically in breach, without the need for reminders or default notices from Pinky Promises.
Pinky Promises reserves the right to condition delivery on immediate payment or to demand security for the total amount due.

Consequences of Late Payment

If the Customer fails to pay on time, Pinky Promises may charge statutory interest at 2% per month from the default date, with even a partial month counted as a full month.
The Customer will also be liable for extrajudicial collection costs and any damages owed to Pinky Promises.
Collection fees are calculated according to the Dutch “Besluit vergoeding van buitengerechtelijke incassokosten.”
Pinky Promises may suspend its obligations until payment is made.
In the event of liquidation, bankruptcy, seizure, or suspension of payment by the Customer, Pinky Promises’s claims are immediately due and payable.
If the Customer refuses to cooperate with the execution of the agreement, they remain liable for the agreed price.

Right of Reclamation

Once the Customer is in default, Pinky Promises may invoke its right of reclamation regarding unpaid delivered products.
This right is exercised via written or electronic communication.
Upon notification, the Customer must return the relevant products immediately, unless otherwise agreed.
Return shipping costs are borne by the Customer.

Right of Withdrawal

A Consumer may withdraw from an online purchase within a 14-day consideration period, without giving reasons, provided that:

The product is unused;
It is not perishable (e.g. food or flowers);
It is not custom‑made or adapted;
It is not hygienically sensitive (e.g. underwear, swimwear);
Seals are intact if it concerns digital media (e.g. DVDs, CDs);
It is not accommodation, travel, restaurant, transport, catering, leisure services;
It is not a standalone magazine or newspaper;
The Consumer has not waived their withdrawal right.

The 14‑day period starts:

the day after the Consumer receives the last product of the order; or
once the Consumer confirms they are purchasing digital content online.

The Consumer may notify withdrawal via info@ourpinkypromises.com, optionally using the withdrawal form downloadable from the website.
The Consumer must return the product within 14 days of notifying withdrawal, or they forfeit the right.

Reimbursement of Delivery Costs

If the Consumer validly exercises withdrawal and returns the full order, Pinky Promises will refund delivery costs within 14 days of receipt of the returned order.
Delivery costs are reimbursed only if the entire order is returned.

Return Shipping Costs

If the Consumer uses the right of withdrawal and returns the complete order in time, return shipping costs are borne by the Consumer.

Right to Suspension

Unless the Customer is a Consumer, they waive any right to suspend performance under the agreement.

Right of Retention

Pinky Promises may invoke its retention right, holding the Customer’s products until all outstanding invoices are paid, unless sufficient security is provided.
This right also applies to earlier agreements from which payments are still due.
Pinky Promises is never liable for damages the Customer may suffer due to the exercise of this retention right.

Settlement Limitation

Unless the Customer is a Consumer, they waive any right to set off debts to Pinky Promises against claims on Pinky Promises.

Retention of Title

Ownership of delivered products remains vested in Pinky Promises until the Customer has fully complied with all payment obligations of the agreement.
Until then, the Customer may not pledge, sell, transfer, or otherwise encumber or deal with the products.
If title retention is invoked by Pinky Promises, the agreement is considered dissolved, and Pinky Promises may claim damages, lost profits, and interest.

Delivery

Delivery is subject to stock availability.
Delivery takes place at Pinky Promises’ premises unless otherwise agreed.
Products ordered online are delivered to the Customer’s specified address.
If payments are late or missing, Pinky Promises may suspend obligations.
Late payment means the Customer cannot object to late delivery.

Delivery Timing

Stated delivery times are indicative and do not entitle the Customer to cancel or claim damages unless agreed otherwise in writing.
Delivery time begins after the complete (online) order process and confirmation from Pinky Promises.
Exceeding delivery time does not entitle to compensation or cancellation, unless Pinky Promises cannot deliver within 14 days or otherwise agreed.

Actual Delivery

The Customer must ensure that delivery can be made at the agreed location.

Transportation Costs

Transport costs are borne by the Customer, unless otherwise agreed.

Packaging & Shipping

If packaging is opened or damaged on delivery, the Customer must accept it and note this with the carrier, otherwise Pinky Promises is not liable.
If the Customer arranges their own transport, they must report visible damage before transport; otherwise Pinky Promises is not liable.

Storage

If the Customer delays receiving ordered products beyond the agreed delivery date, all risk of quality loss is borne by the Customer.
Any extra costs due to early or delayed acceptance are also charged to the Customer.

Exchange Policy

Exchanges allowed only if:

Within 14 days of purchase, with the original invoice;
Returned in original packaging or with original price tags;
Not used.

Discounted items, non-perishable foods, made‑to‑measure or custom items cannot be exchanged.

Indemnification

The Customer indemnifies Pinky Promises against all third‑party claims related to delivered products or services.

Complaints

The Customer must inspect delivered products or services as soon as possible.
If performance does not meet reasonable expectations, the Customer must notify Pinky Promises as soon as possible (within 1 month of discovering the issue).
Consumers must notify within 2 months.
Complaints should include detailed descriptions so Pinky Promises can respond adequately.
The Customer must prove the complaint relates to an agreement with Pinky Promises.
Complaints regarding ongoing work cannot force Pinky Promises to carry out work beyond the agreed scope.

Notice of Default

The Customer must notify Pinky Promises in writing of any default claim.
It is the Customer’s responsibility to ensure timely delivery of such notice.

Joint Liability of Customers

If an agreement involves multiple Customers, each is jointly and severally liable for the full amount owed under that agreement.

Liability of Pinky Promises

Pinky Promises is liable only for damage caused by intent or gross negligence.
Any liability is limited to direct damage arising from or related to performance of the agreement.
Pinky Promises is never liable for indirect damage, such as lost profits, missed savings, or damage to third parties.
Liability is capped at the amount paid under professional liability insurance; if insurance payout is incomplete, liability is limited to the relevant portion of the invoice.
All images, colours, descriptions, etc., on the website or catalog are indicative only and do not entitle to compensation, cancellation, or suspension of obligations.

Limitation Period

Any right of the Customer to claim compensation expires 12 months after the event giving rise to liability, without prejudice to Article 6:89 BW.

Right of Termination

The Customer may terminate the agreement if Pinky Promises seriously fails to fulfill obligations, unless the failure is minor or of a special nature.
Termination is only possible once Pinky Promises is in default.
Pinky Promises may terminate if the Customer fails to meet obligations, or if there are clear indications the Customer cannot do so in future.

Force Majeure

In addition to Dutch Civil Code Article 6:75, Pinky Promises is not liable for failures caused by circumstances beyond its control, including war, riots, natural disasters, supplier or transport issues, power or internet outages, strikes, governmental measures, unforeseeable shipping problems, severe weather, etc.
Obligations are suspended during force majeure.
After 30 calendar days of force majeure, either party may terminate the agreement in writing.
Pinky Promises is not liable for damages—nor benefits—arising from force majeure.

Amendments to the Agreement

If changes or additions become necessary for the execution of the agreement, Parties will timely amend it in mutual consultation.
This clause does not apply to in-store purchases.

Modification of Terms

Pinky Promises may modify these general terms at any time.
Minor changes can be made at any time.
Major substantive changes will be discussed with Customers beforehand as much as possible.
Consumers have the right to cancel the agreement in case of substantial changes.

Transfer of Rights

A Customer’s rights under any agreement cannot be transferred to third parties without prior written consent from Pinky Promises.
This provision also applies as a property law clause under Article 3:83, paragraph 2 of the Dutch Civil Code.

Severability

If any provision is null or void, it does not affect the validity of the remaining terms.
That provision will be replaced with one closest in intent to the original.

Applicable Law & Dispute Resolution

Dutch law exclusively applies to all agreements between the Parties.
Only the Dutch court in the district where Pinky Promises is located has jurisdiction over disputes, unless the law dictates otherwise.

Dated 4 December 2021, as the effective date of these terms.