Terms and Conditions

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and execution

Article 12 – Long-term transactions: duration, termination and extension

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or Derogating provisions

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

1. Reflection period: the period within which the customer can exercise his right of withdrawal;
2. Client: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Long-term transaction: a distance contract relating to a range of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that allows the customer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the customer to withdraw from the distance contract within the reflection period;
7. Model form: the model withdrawal form provided by the entrepreneur that a customer can fill in when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to customers at a distance;
9. Distance contract: an agreement in which, within the framework of a system for distance selling of products and/or services organised by the entrepreneur, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
10. Distance communication technology: a means that can be used to conclude an agreement without the customer and entrepreneur having come together in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.

Article 2 – Identity of the entrepreneur

(NO VISITING ADDRESS)

DELICA ROSE
Kromme Elleboog 13
3012VM Rotterdam
Nederland

E info@delicarose.com
KVK 92989829
BTW nummer NL004991500B86

Article 3 – Applicability

3.1 The General Terms and Conditions apply to all offers, Agreements and deliveries of DELICA ROSE, unless expressly agreed otherwise in writing.

3.2 If the Client includes provisions or conditions in its order, confirmation or notification of acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding on DELICA ROSE if and insofar as they have been expressly accepted by DELICA ROSE in writing.

3.3 In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those terms and conditions also apply, but in the event of conflicting terms and conditions, the Client can always invoke the applicable provision that is most favourable to it.

Article 4 – The offer

4.1 All prices stated on the Website and in other materials from DELICA ROSE are inclusive of VAT and, unless otherwise stated on the Website, other levies imposed by the government.

4.2 No separate shipping costs will be charged.

4.3 The content of the Website has been compiled with the greatest care. However, DELICA ROSE cannot guarantee that all the information on the Website is accurate and complete at all times. All prices and other information on the Website and in other materials from DELICA ROSE are therefore subject to obvious programming and typing errors.

4.4 All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

4.5 Images accompanying products are a true representation of the products offered. The Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Article 5 – The Agreement

5.1 Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the customer of the offer and the fulfilment of the conditions set therein.

5.2 If the Customer has accepted the offer by electronic means, the Entrepreneur shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.

5.3 If the agreement is concluded electronically, the Entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures to this end.

5.4 The Entrepreneur can – within legal frameworks – find out whether the Client can meet its payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled, stating reasons, to refuse an order or request or to attach special conditions to the execution.

5.5 The entrepreneur shall send the following information to the customer with the product or service, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier:

• the contact form and e-mail address of the entrepreneur where the customer can go with complaints;
• the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• the information about warranties and existing after-sales service;
• the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the customer before the execution of the agreement;
• the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

5.6 Each agreement is entered into subject to the conditions precedent of sufficient availability of the products in question.

Article 6 – Right of withdrawal

6.1 When purchasing products, the customer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the customer.

6.2 During the reflection period, the customer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur in the return conditions described. The basic principle here is that the customer may only handle and inspect the product as he would be allowed to do in a shop. The returns are clean, undamaged, unopened, unworn, unused and contain the original, attached labels.

6.3 If the customer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The customer must make this known by means of the model form or by means of another means of communication such as by e-mail. After the customer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

6.4 If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

7.1 If the customer makes use of his right of withdrawal, the costs of return will be borne by him at most.

7.2 If the customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the customer, unless the customer expressly authorizes a different payment method.

7.3 In the event of damage to the product due to careless handling and/or return of the product by the customer himself, the customer is liable for any depreciation of the product.

7.4 The customer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

8.1. This article only applies to the Client, being a natural person who is not acting in the exercise of his profession or business.

8.2. The Client has the right to dissolve the distance Agreement with DELICA ROSE within 14 days of receipt of the product, without giving reasons, free of charge.

8.3. The period starts on the day after the Customer, or a third party designated in advance by him, who is not the carrier, has received the product, or:

• if Customer has ordered multiple products in the same order: the day on which Customer, or a third party designated by him, has received the last product;
• if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or part;
• in the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.

8.4. The Client must bear the return costs himself, if these costs are higher than the regular postal rate, DELICA ROSE will provide an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the costs for the return and remain at the Customer’s own expense.

8.5. Within the withdrawal period referred to in paragraph 1, the Client will handle the product and its packaging with care. The Customer shall only open the packaging and use the product to the extent necessary to verify the nature, characteristics and functioning of the products. The basic principle here is that this inspection may not go further than the Customer could in a physical store.

For hygiene reasons, the following items cannot be returned if the seal has been broken:

• All erotic items, including vibrators and dildos
• Games
• Body suits, stockings and tights
• Thongs, underwear, bras
• Condoms
• Tablets
• Lubricants
• Cremes
• Intimate hygiene products (tampon, sanitary towels, etc)

8.6. The Client is only liable for any depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in the previous paragraph.

8.7. The Client may dissolve the Agreement in accordance with the term set out in paragraph 1 of this Article by sending the model withdrawal form (digitally) to DELICA ROSE, or by informing DELICA ROSE in another unambiguous manner that it is withdrawing from the purchase. In the case of a digital notification, DELICA ROSE will confirm receipt of the notification. After rescission, Customer has 14 days to return the product. It is also possible to return the product immediately within the reflection period set out in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration of withdrawal is enclosed. Products can be returned to:

DELICA ROSE

Kromme Elleboog 13

3012VM Rotterdam

The Netherlands

8.8. Amounts already paid (in advance) by the Client will be refunded to the Client as soon as possible, but no later than within 14 days after dissolution of the Agreement, in the same manner as the Client has paid for the order. If Customer has chosen a more expensive method of delivery than the cheapest standard delivery, DELICA ROSE does not have to refund the additional costs for the more expensive method. Unless DELICA ROSE offers to collect the product itself, DELICA ROSE may withhold reimbursement until DELICA ROSE has received the product or until the Customer proves that it has returned the product, whichever is earlier.

8.9. The Website shall clearly state information about the applicability or non-applicability of the right of withdrawal and any desired procedure in good time before the conclusion of the Agreement

Article 9 – The price

9.1. 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 as a result of changes in VAT rates.

9.2. By way of derogation from the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the Entrepreneur has no influence with variable prices. This fact that there are fluctuations and the fact that any prices quoted are indicative prices are indicated in the offer.

9.3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

9.4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

1. they are the result of legal regulations or provisions; or
2. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

9.5. Pursuant to Article 5, paragraph 1, of the Turnover Tax Act 1968, the place of delivery takes place in the country where the transport commences. In the present case, this supply takes place outside the EU. Following this, the postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, no VAT will be charged by the entrepreneur.

9.6. 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 entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and warranty

10.1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

10.2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

10.3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in the original packaging and in new condition.

10.4. The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

10.5. The warranty does not apply if:

• The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
• The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

11.1. The Entrepreneur shall exercise the greatest possible care in the receipt and execution of orders for products and in the assessment of requests for the provision of services.
11.2. The place of delivery is the address that the consumer has made known to the entrepreneur.
11.3. With due observance of what is stated in this regard in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially executed, the consumer will be notified no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
11.4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
11.5. The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a representative designated in advance and made known to the Entrepreneur, unless explicitly agreed otherwise.

Article 12 – Long-term transactions: duration, termination and extension

Termination:

1. The consumer may terminate an agreement that has been entered into for an indefinite period of time and that aims at the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a fixed-term contract for a fixed period of time and for the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:- at any time and not be limited to termination at a specific time or in a certain period;- at least terminate in the same way as they have been entered into by him;- always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

4. A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
5. By way of derogation from the previous paragraph, a fixed-term contract for the regular delivery of daily, news, weekly and periodicals may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended contract by the end of the extension with a notice period of no more than one month.
6. A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period shall not exceed three months in the event that the contract provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and periodicals.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) will not be tacitly continued and will automatically end at the end of the trial or introductory period.

Duration:

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Force majeure:

9. In addition to Article 6:75 of the Dutch Civil Code, a failure on the part of DELICA ROSE by the Client cannot be attributed to DELICA ROSE in the event of force majeure.
10. The force majeure situation in paragraph 1 also includes:
    * a state of emergency such as a civil war or natural disaster;
    * breach of contract or force majeure of suppliers, delivery drivers or others – electricity, electricity

 internet, computer or telecom failures;
* computer viruses
* strikes
* government measures
* transport problems
* bad weather conditions
* work stoppages

11. In the event of a force majeure event that prevents DELICA ROSE from fulfilling 1 or more obligations to the Client, these obligations will be suspended until DELICA ROSE is able to fulfil them.
12. From the moment that a force majeure situation has lasted at least 30 calendar days, both the Client and DELICA ROSE may cancel the agreement in whole or in part in writing.
13. DELICA ROSE is not required to pay compensation to the Client in a force majeure event, even if DELICA ROSE benefits from it.

Article 13 – Payment

13.1. The Client must make payments to DELICA ROSE in accordance with the payment methods indicated in the ordering process and any payment methods indicated on the Website. DELICA ROSE is free to choose whether to offer payment methods and these may also change from time to time. In the event of payment after delivery, the Client has a payment term of 14 days starting on the day after delivery.

13.2. If the Client does not fulfil its payment obligation(s) on time, it shall, after having been informed by DELICA ROSE of the late payment and DELICA ROSE has granted the Client a period of 14 days to meet its payment obligations, after failure to pay within this 14-day period, owe the statutory interest on the outstanding amount and DELICA ROSE is entitled to reimburse the extrajudicial collection costs incurred by it in to be taken into account. These collection costs amount to a maximum: 15% on outstanding amounts up to € 2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40,-. DELICA ROSE may deviate from the amounts and percentages mentioned for the benefit of the Client.

Article 14 – Complaints procedure

14.1. Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, after the consumer has noticed the defects.

14.2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

14.3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute settlement.

14.4. A complaint does not suspend the obligations of the Entrepreneur, unless the Entrepreneur indicates otherwise in writing.

14.5. If a complaint is found to be well-founded by the Entrepreneur, the Entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 16 – Additional or deviating provisions

16.1 Due to the measures introduced and tightened as of 2024 regarding the ‘Amendment of the Turnover Tax Act 1968 (Payment Service Providers Directive Implementation Act)’ and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.

16.2. This section only applies if you have chosen the payment method “Pay later”.

Klarna carries out the entire post-payment process for EDC Retail. This means that you will receive a digital giro from Klarna via e-mail to pay for the purchased product(s) plus a paper invoice. At EDC Retail you can pay afterwards up to an amount of € 150.00 when you pay for the first time via Klarna. Are you already familiar with Klarna? Then you can pay up to an amount of € 200.00.

To approve your postpay request, Klarna will perform a data check. Klarna maintains a strict privacy policy as described in its privacy statement. In the unlikely event that your request for payment by giro is not authorized, you can of course pay for the product to be purchased with another payment method.

If you have any questions, you can alwayscontact with Klarna. For more information, please refer to the consumer section of theKlarna website. Click here for thepayment termsof Klarna.

Modification of Terms and Conditions

Changes to the Terms and Conditions will be recorded on this webshop. The consumer is advised to read these Terms and Conditions.