General Terms, Conditions and Privacy Statement

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General Terms and Conditions

1. Applicability

1.1 These General Terms and Conditions apply to all offers made by Hunkemöller and to all agreements concluded with Hunkemöller.
1.2 Besides these General Terms and Conditions, Additional Terms and Conditions may apply to certain services and/or products when expressly indicated.
1.3 Parties can only deviate from the provisions made in these General Terms and Conditions if this has been expressly agreed in writing and, in which case, the other provisions of these Terms and Conditions will continue to apply in full.
1.4 If the Buyer also refers to his or her own General Terms and Conditions, they will not apply unless Hunkemöller has expressly agreed to this in writing.
1.5 "Buyer" will be deemed to mean every visitor to the Internet site and/or every natural person or legal person who has a contractual relationship or will have such a relationship with Hunkemöller in any form or shape.
1.6 Hunkemöller reserves the right to amend and/or supplement these Terms and Conditions.
1.7 The Buyer is deemed to have accepted these Terms and Conditions as well as any other rights and obligations as listed on the internet site when said Buyer uses the Hunkemöller internet site and/or places an order.
1.8 Hunkemöller is authorised to make use of third parties when executing an agreement with the Buyer.

2. Offers and concluding of agreements

2.1 Offers or price specifications should be deemed an invitation to prospective Buyers to make a proposal. Hunkemöller can in no way be regarded as having committed itself unless this has been unequivocally determined in writing. The acceptance of the invitation to make an offer by the prospective Buyer will be deemed a proposal and will only lead to the concluding of an agreement if the remaining provisions contained in this article have been met.
2.2 Offers will be valid as long as stocks are available.
2.3 A proposal from the prospective Buyer as referred to in section 2.1 will be deemed to have taken place in one of the following circumstances:
• The prospective Buyer has precisely specified which product and/or service he or she wishes to receive;
• The prospective Buyer has entered the information in the designated input screen on the Internet site and the relevant information ("order form") has been electronically sent to Hunkemöller and Hunkemöller has received the information.
2.4 An agreement will be deemed to have been concluded as of the moment an order confirmation has been sent to the Buyer by regular post and e-mailed to the e-mail address specified by Buyer.
2.5 The Buyer and Hunkemöller expressly agree that by using forms of electronic communication they have concluded a valid agreement once the provisions in sections 2.4 and 2.5 have been met. In particular, the lack of a normal signature will not detract from the binding power of the proposal and its acceptance. The Hunkemöller electronic files will apply as circumstantial evidence to the extent possible under the law.
2.6 Information, images and verbal, telephone and electronic announcements that have been provided, as well as specifications, etc., related to all offers and the most important features of the products will be displayed, provided or made as accurately as possible. Hunkemöller will not, however, guarantee that all offers and products will fully correspond to the provided information, etc. Deviations may, in principle, not lead to compensation and/or dissolution.

3. Prices

3.1 All prices are expressed in euros in agreement with statutory regulations in this respect and are inclusive of turnover tax.
3.2 Special offers shall only apply for the period of validity as listed with the offer. This announcement will be printed in a folder or specified on the internet site regarding the special offer.
3.3 The Buyer must pay the price Hunkemöller has announced in its confirmation in accordance with section 2.5 of these Terms and Conditions. Obvious manipulation of or errors in the price specification, including obvious inaccuracies, can also be corrected by Hunkemöller after the agreement has been concluded.
3.4 Delivery costs are not included in the prices. The delivery costs are listed on the internet site and/or will be made known at the shops. Further Terms and Conditions apply in relation to certain payment methods with regard to the delivery method and the related costs. This will be clearly communicated to the Buyer.

4. Payment

4.1 One of the following payment methods can be used when placing orders through our internetsites:
• Credit card (VISA, Master/Eurocard);
• Payment slip
• iDEAL
• Bill
• ELV
Hunkemöller can extend the payment options in the future. Other payment options will be made known through the internet site or written announcements at the Hunkemöller shops.
4.2 If Hunkemöller has agreed to a payment term, the Buyer will be deemed to be in default if the term expires. Payment terms can only be agreed in writing under the Terms and Conditions stipulated and agreed at that time.
4.3 The Terms and Conditions of the relevant card issuer shall apply in the event a payment method involving a credit card is selected. Hunkemöller is not a party in the relationship between the Buyer and the card issuer.
4.4 A reminder procedure will be started if the Buyer does not pay or does not pay on time.
4.5 All court and other costs, regardless of their nature, incurred by Hunkemöller as a result of the Buyer not complying with his or her (payment) obligations, will be at the expense of the Buyer.
4.6 If the Buyer does not pay on time, Hunkemöller will be entitled to dissolve or suspend (any additional) deliveries until the Buyer has fully complied with his or her payment obligations. This will include any payment of costs.
4.7 When ordering gift vouchers, payment should be made with a credit card, iDEAL or ELV.

5. Delivery and delivery date

5.1 Orders will be delivered as soon as possible. In principle, Hunkemöller aims to deliver orders to the specified address within 3 working days in the Netherlands and within 7 days in the other contries. This delivery date will only apply as an indication and will never be deemed to be a firm date. Hunkemöller may provide further information on delivery dates on its internet site or though its shops, or it may make them known in writing using a different method. Such information will only be deemed indicative.
5.2 If a product that is temporarily out of stock is ordered by the Buyer, an indication will be given of when the product will be available again. The Buyer will be notified of any delays by e-mail or telephone.
5.3 Deliveries will be made to the address specified by the Buyer at the time the agreement was concluded. When payment is made with a credit card, Hunkemöller must observe the requirements set by card issuers with regard to the delivery location. All this will be announced in advance to the Buyer.
5.4 Once the products have been delivered to the specified delivery address, the risk related to these products will be transferred to the Buyer.

6. Exchanges and right to revoke

6.1 The Buyer must carefully inspect the products once they have been received (or must have someone inspect them). This applies to products bought at a shop where exchanges or returns are allowed. The Buyer can either exchange the article or have his or her money refunded.
In the case of agreements with consumer Buyers that have been concluded via the internet site or in another way in which only electronic communication media have been used, the consumer Buyer is entitled to exercise his or her right to revoke without being penalised and without having to specify reasons within seven (7) working days after the relevant product has been delivered.
Returns may only take place by using the freepost.
6.2 If the consumer Buyer uses his or her right to revoke as mentioned in the previous paragraph, Hunkemöller will ensure a refund is made within 30 days after the payment made by the consumer Buyer.

7. Retention of title

7.1 The ownership of products will only be transferred to the Buyer once the Buyer has fully settled that which is due with regard to any agreement with Hunkemöller, notwithstanding the actual delivery. This will be deemed to include any payment of interest and costs which may also be related to earlier or later deliveries and any work performed or to be performed with regard to the products.
7.2 The Buyer may not burden, sell, resell, dispose of or in any other way encumber the products before the ownership has been transferred.

8. Guarantee and liability

8.1 The general guarantee conditions apply to products delivered by Hunkemöller.
8.2 Hunkemöller will never be held liable to pay any compensation to the Buyer or others unless an intentional act or omission or gross negligence is involved on the side of Hunkemöller/Confendex B.V. Hunkemöller will never be deemed liable for consequential or trading loss, indirect damages and/or loss of profits or turnover.
8.3 If Hunkemöller, for whatever reason, must pay compensation, the compensation will never be higher than an amount that equals the invoice value of the product or service in question.
8.4 Despite the continuous care and attention that Hunkemöller pays to the composition of the website, it is possible that information published on the website is incomplete and/or incorrect.
8.5 The information on the website is regularly supplemented and/or updated. Hunkemöller retains the right to implement any amendments with immediate effect and without making any prior announcement.
8.6 The Buyer must exempt Hunkemöller from any liability that third parties may enforce with regard to the execution of the agreement against Hunkemöller to the extent the law dictates that the relevant damages and costs should not be at the expense of the Buyer.
8.7 Hunkemöller is a member of the Dutch Thuiswinkel Organisation (Thuiswinkel.org). This guarantees good quality and correct service. Consumer buyers who use the services of Hunkemöller through the internet site may make an appeal on the basis of special arbitration rules (also see section 13).
8.8 It is possible that Hunkemöller will include links on its internet site to other Internet sites that might be interesting or informative to the visitor. Such links are purely informative. Hunkemöller cannot be held responsible for the content of the internet site to which reference is made or the use that can be made of such internet sites.

9. Force majeure

9.1 In case of force majeure, Hunkemöller is not required to meet its obligations with regard to the Buyer and/or the obligation will be suspended for the duration of the force majeure conditions.
9.2 Force majeure will be deemed to mean every circumstance that is not dependent on Hunkemöller’s will, which means that compliance with Hunkemöller’s obligations towards the Buyer is fully or partially hampered. Strikes, fires, business disruptions, energy failures, non-delivery or untimely delivery by suppliers or other third parties called in, and the lack of any permit to be obtained via the authorities, will be deemed to be constitute such circumstances. Force majeure will also be deemed to include disruptions to (telecommunications) network or connections or communication systems used and/or the internet site not being available at any given moment.

10. Intellectual property

10.1 The Buyer expressly recognises that all rights to intellectual property of the displayed information, announcements or other statements related to products and/or to the Internet site reside with Hunkemöller, its suppliers or other entitled parties.
10.2 Intellectual property rights are deemed to include patent laws, copyright, trademark rights, rights on drawings, model rights and/or other (intellectual property) rights including sui generis rights on databases and topographic or semiconductor products, or other products as well as patentable and non-patentable technical and/or commercial know-how, methods and concepts.
10.3 The Buyer may never use the intellectual property rights, which will be deemed to include implementing amendments, as described in this section. This includes reproducing of material, without the express prior written consent of Hunkemöller, its suppliers or other entitled parties unless this purely involves private use in relation to the product itself.

11. Personal details

11.1 Hunkemöller will only process the information related to the Buyer in agreement with its privacy policy. The Internet site includes a Privacy Statement.
11.2 Hunkemöller will observe the applicable privacy regulations and legislation in relation to the above.

12. Applicable law and competent court

12.1 All offers and agreements are subject to Dutch law exclusively.
12.2 The applicability of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded.
12.3 All disputes related to or arising from offers made by Hunkemöller or agreements concluded with Hunkemöller shall be submitted to the competent court in 's-Hertogenbosch unless the law expressly appoints a different court as the competent court.

13. Arbitration rules and settlement

13.1 Contrary to section 12, consumer Buyers are entitled to submit a dispute to the Geschillencommissie Thuiswinkel (Thuiswinkel Disputes Committee) regarding offers made by Hunkemöller or regarding the conclusion or execution of an agreement with Hunkemöller as long as an offer or agreement is involved that was made or concluded via the internet site or by telephone.
13.2 A dispute as described in the previous paragraph will only be accepted by the Disputes Committee if the consumer has submitted his or her complaint in writing to Hunkemöller within a maximum of 30 days.
13.3 The dispute must be commenced by the Disputes Committee no later than three (3) months after the complaint has been submitted to Hunkemöller.
13.4 If the consumer wishes to submit a dispute to the Disputes Committee, Hunkemöller will be bound by this choice. If Hunkemöller wishes to submit a dispute, the consumer will have to specify in writing whether he or she also wishes this to take place and/or wishes the dispute to be dealt with by the relevant competent court within five (5) weeks after Hunkemöller has requested this in writing. Should Hunkemöller not be informed of the consumer’s choice within the term of five (5) weeks, Hunkemöller will be entitled to submit the dispute to the competent court.
13.5 The Disputes Committee will make its decision known under the Terms and Conditions, as defined in the regulations of the Disputes Committee. The decisions of the Disputes Committee will be deemed binding third-party rulings.

14. Miscellaneous

14.1 Hunkemöller B.V. has its registered office at (1200 AJ), Liebergerweg 28 and is registered at the Chamber of Commerce under number 32031078. The VAT registration number is NL 0032.04.145. B.01. Please send all correspondence regarding an agreement or these Terms and Conditions to Hunkemöller, PO Box 386, 1200 AJ Hilversum, The Netherlands, or to the
e-mail address posted on the internet site.
14.2 Customer Service can be reached for information on +31 35 6465416 every working day from 9am to 5pm. They can also be reached at the following
e-mail address: CustomerCare@hunkemoeller.nl.

14.3 Your messages will be answered within 2 working days by Customer Care.

Hunkemöller does everything possible to communicate fairly and honestly with its customers. Unfortunately, we cannot always avoid our name being misused by third parties. Hunkemöller will never contact its customers via
e-mail, instant messaging services, such as MSN, or websites in connection with a questionnaire on lingerie use and/or recruiting models. If you are approached via internet by people who ask you to become a model for Hunkemöller, this will never be our company. We advise you never to cooperate with such requests.

Privacy Statement
This is the website of Hunkemöller B.V.

Our registered office is located at:
Liebergerweg 28
1221 JS Hilversum
The Netherlands

Our postal address is:
PO Box 386
1200 AJ Hilversum
The Netherlands

Our registration number at the Chamber of Commerce is 32031078.
Our VAT number is 00.32.01.145.B01.

Our server will automatically recognise IP addresses each time someone visits our website.

When you visit our website we save the following information:
- Your e-mail address if you post messages/questions to the site;
- Your e-mail address if you send this to us;
- The domain name of other sites you visited to arrive at our website;
- All information related to the pages you visited on our site.

We use the information for the following:
- To improve the content of our website.
- To determine the number of visits to our website. The information is used internally only. We do not pass it on to other organisations for commercial purposes.

We use cookies on this site. (A cookie is a small file sent by an internet server and installed on the hard disk of your computer that keeps track of the internet sites you visit and contains information about your visit.) We use the cookies to improve the content of our site and determine the number of visitors we have had.

We do not maintain any partnerships or special relationships with third parties on the internet.

If we transfer or receive your data on our website, we always use the coding technologies that are recognised as being standard within the IT sector. We have implemented the required security measures to ensure that no information received on our site is lost, used illegally or changed.

How can you contact us in connection with our privacy policy?

If you wish to supply feedback on our privacy policy, you can send an e-mail to CustomerCare@hunkemoeller.nl.

E-mail communication: if you or your company do not wish to receive electronic messages from our company, you can notify us of this by sending an e-mail to the above address.

Communication by regular post: if you provide us with your postal address via the web, you will only be sent the information you requested at the address you provided.

Communication by telephone: if you provide us with your telephone number via the web, we will only call you if this is necessary in connection with orders you have placed online.

You can approach the following authorities/addresses if you do not want to receive door drops, cold calls or e-mail messages.

Printed matter: Netwerk VSP, Telephone: +31 40 2628017
Our company might use the consumer information we have gathered for new goals not yet foreseen in our privacy policy. If this is the case, we will contact you before we use your data for these new goals to inform you of the changes to our regulations regarding the protection of personal data and to give you the opportunity to refuse to give your consent.

We will grant visitors to our site access to all the information we hold on them on request. If you wish to be granted access to this information, please contact us using one of the above addresses.

We will give visitors to our site the opportunity to correct any data we hold on them that may be incorrect on request. If you wish to correct your personal data, please contact us using one of the addresses given above.

If you deem that our site does not comply with our privacy policy, please contact our company using the above address.