Terms & Conditions
Terms & Conditions – Bennet And Clarke
Article 1 – Definitions
In these Terms & Conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise their right of withdrawal.
Consumer: any natural person who does not act in the exercise of a profession or business and enters into a distance contract with Bennet And Clarke.
Day: calendar day.
Continuous performance agreement: a distance agreement concerning a series of products and/or services for which the delivery and/or purchase obligation extends over a specified period.
Durable medium: any means that enables the consumer or business to store information personally addressed to them in a way that allows future consultation and unchanged reproduction.
Right of withdrawal: the consumer's right to withdraw from a distance contract within the cooling-off period.
Business: Bennet And Clarke the natural or legal person offering products and/or services to consumers remotely.
Distance contract: an agreement concluded within the framework of a distance sales system organised by Bennet And Clarke, where exclusive use is made of one or more means of distance communication.
Means of distance communication: any means that can be used to conclude an agreement without the consumer and the business being physically present at the same time.
Terms & Conditions: these Terms & Conditions of Bennet And Clarke.
Article 2 – Applicability
These Terms & Conditions apply to every offer made by Bennet And Clarke and to every distance contract concluded between Bennet And Clarke and the consumer.
Before the agreement is concluded, the text of these Terms & Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed where the Terms & Conditions can be consulted and that they will be provided free of charge upon request.
If specific product or service conditions apply in addition to these Terms & Conditions, the consumer may, in the event of a conflict, rely on the provision that is most favourable to them.
If any provision is wholly or partially invalid or unenforceable, the remainder of the agreement shall remain in force, and the relevant provision shall be replaced by a provision that most closely reflects its original purpose.
Article 3 – The Offer
Offers are non-binding and may be changed by Bennet And Clarke.
The offer contains a complete and accurate description of the products and/or services offered.
Obvious mistakes or errors in the offer are not binding on Bennet And Clarke. Images are for illustrative purposes only, and no rights can be derived from them.
The offer contains sufficient information to make clear to the consumer what their rights and obligations are when accepting the offer, including the price inclusive of taxes, any shipping costs, the method of payment and delivery, and the right of withdrawal.
Article 4 – Formation of the Agreement
The agreement is formed when the consumer accepts the offer and fulfils the stated conditions.
In the event of electronic acceptance, Bennet And Clarke will promptly confirm receipt.
Bennet And Clarke takes appropriate measures to ensure the security of electronic transactions.
Bennet And Clarke reserves the right to refuse orders or impose additional conditions where there are reasonable grounds to do so.
Article 5 – Right of Withdrawal
The consumer has the right to withdraw from the agreement within 14 days of receiving the product, without giving any reason.
The withdrawal period begins on the day following receipt of the product by the consumer or a third party designated by the consumer in advance.
If the consumer has not been correctly informed about the right of withdrawal, the withdrawal period will be extended by a maximum of 12 months.
Article 6 – Consumer Obligations During the Cooling-off Period
During the cooling-off period, the consumer must handle the product and packaging with due care.
The product may only be used or inspected to the extent that would be permitted in a physical store.
The consumer is liable for any reduction in value resulting from use beyond what is necessary.
Article 7 – Exercising the Right of Withdrawal and Return Costs
The consumer must notify Bennet And Clarke of their withdrawal within the cooling-off period.
After providing notice, the consumer has 14 days to return the product.
The return shipment should, as far as possible, be made in its original condition and packaging.
➡️ The costs of returning the product are borne by the consumer, unless expressly agreed otherwise.
Article 8 – Obligations of Bennet And Clarke Upon Withdrawal
Bennet And Clarke will reimburse all amounts paid by the consumer, including standard delivery costs, within 14 days of receiving the returned product or proof that the product has been returned.
Article 9 – Exclusion of the Right of Withdrawal
The right of withdrawal may be excluded for, among other things:
Custom-made products
Sealed products that cannot be returned for hygiene reasons once unsealed
Products that spoil or deteriorate rapidly
Digital content supplied without a physical medium, after the consumer has given explicit consent
Article 10 – Prices
All prices include applicable VAT.
Price changes are permitted if they result from legal regulations.
Article 11 – Conformity and Guarantee
Bennet And Clarke guarantees that its products comply with the agreement.
Any additional guarantees do not affect the consumer's statutory rights.
Article 12 – Delivery and Performance
Delivery will be made to the address provided by the consumer.
Bennet And Clarke exercises the utmost care when processing and shipping orders.
The risk of damage or loss remains with Bennet And Clarke until the moment of delivery.
Article 13 – Continuous Agreements
Agreements of indefinite duration may be terminated with a notice period of no more than one month.
Fixed-term agreements may only be renewed if this has been clearly agreed in advance.
Article 14 – Payment
Payment must be made within the specified payment period.
The consumer is obliged to report any inaccuracies in the payment information provided without delay.
Article 15 – Complaints Procedure
Complaints must be reported within 7 days of their discovery.
Bennet And Clarke will respond to complaints within 14 days.
Article 16 – Disputes
Dutch law applies to agreements between Bennet And Clarke and the consumer.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Article 17 – Delivery from External Suppliers and Imports
In some cases, Bennet And Clarke delivers its products through external suppliers. This may mean that products are shipped directly from a country outside the Netherlands or the European Union.
In such cases, the business does not arrange import clearance within the Netherlands. Any import duties, VAT, or other customs charges imposed by the competent authorities upon delivery are not included in the purchase price and, where applicable, are the responsibility of the consumer.
Although Bennet And Clarke strives to ensure delivery as carefully and promptly as possible, delays or additional costs may arise due to customs inspections, import procedures, or local regulations. Such circumstances are beyond the business's control and cannot be attributed to Bennet And Clarke.
Article 18 – Deviating Provisions
Deviations from these Terms & Conditions are only valid if they have been expressly agreed in writing or via a durable medium, and are not detrimental to the consumer.