Pleasure Society, located in Amsterdam, Chamber of Commerce number 55978037, is referred to as the seller in these general terms and conditions. The counterparty of the seller is referred to as the buyer in these general terms and conditions. The parties are the seller and the buyer together. The term “agreement” refers to the purchase agreement between the parties.
These terms and conditions apply to all quotations, offers, agreements, and the delivery of services or goods by or on behalf of the seller. Deviation from these terms and conditions is only possible if explicitly and in writing agreed upon by the parties.
The full purchase price is always paid immediately in the store. In some cases, a deposit is expected for reservations. In that case, the buyer receives proof of the reservation and the advance payment. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation. If the buyer remains in default, the seller will proceed with collection. The costs related to this collection are borne by the buyer. These collection costs are calculated in accordance with the Decree on the compensation for extrajudicial collection costs. In the event of liquidation, bankruptcy, seizure, or suspension of payments of the buyer, the claims of the seller on the buyer become immediately due and payable. If the buyer refuses to cooperate in the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.
Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that specified period, the offer expires. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation for damages in the event of exceeding them, unless the parties have expressly and in writing agreed otherwise. Offers and quotations do not automatically apply to repeat orders. The parties must expressly and in writing agree on this. The price stated on offers, quotations, and invoices consists of the purchase price including the due VAT and any other government levies.
The consumer is entitled to dissolve the agreement without giving any reasons within 5 working days of receiving the order (right of withdrawal). The period starts running from the moment the consumer has received the (entire) order. There is no right of withdrawal when the products are custom-made or have a short shelf life according to their specifications. The consumer can use a withdrawal form from the seller. The seller is obliged to provide this to the buyer immediately upon the request of the buyer. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all supplied accessories and, if reasonably possible, in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.
If during the execution of the agreement, it appears that it is necessary to change or supplement the activities to be performed for a proper execution of the assignment, the parties will timely and in mutual consultation adjust the agreement accordingly. If the parties agree that the agreement is amended or supplemented, the time of completion of the execution may be affected. The seller will inform the buyer of this as soon as possible. If the amendment or supplement to the agreement has financial and/or qualitative consequences, the seller will inform the buyer about this in writing in advance. If the parties have agreed on a fixed price, the seller will indicate to what extent the change or supplement of the agreement will result in an exceeding of this price. In deviation from the provisions in the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to him.
As soon as the purchased item is received by the buyer, the risk passes from the seller to the buyer, taking into account warranty provisions.
The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within the warranty period. The buyer must examine whether the quality and quantity of the delivered goods correspond to what the parties have agreed, or at least that the quality and quantity meet the requirements that apply to them in normal (trade) traffic. Complaints regarding damage, shortages, or loss of delivered goods must be submitted to the seller in writing by the buyer within 5 working days after the day of delivery of the goods. If the complaint is upheld within the specified period, the seller has the right to either repair, redeliver, or refrain from delivery and send the buyer a credit note for that part of the purchase price. Minor and/or customary deviations in quality, color, quantity, size, or finish cannot be attributed to the seller. Complaints regarding a specific product do not affect other products or parts belonging to the same agreement. No complaints will be accepted after the goods have been processed by the buyer.
If a sample or model has been shown or provided to the buyer, it is presumed to be provided for indication purposes only without the delivered item needing to correspond to it. This is different if the parties have expressly agreed that the delivered item will correspond to it. In the case of agreements regarding immovable property, the indication of the surface area or other measurements and indications is also presumed to be intended only as an indication, without the delivered item needing to correspond to it.
Delivery takes place ex warehouse, which means that all costs are for the buyer. The buyer is obliged to accept the goods at the moment the seller delivers them or has them delivered to them, or at the moment the goods are made available to them according to the agreement. If the buyer refuses to accept or is negligent in providing information or instructions necessary for delivery, the seller is entitled to store the goods at the expense and risk of the buyer. If the goods are delivered, the seller is entitled to charge any delivery costs. If the seller needs information from the buyer for the delivery other than the agreement, the delivery time starts after the buyer has provided this information to the seller. The delivery time of goods is on average between 2-5 working days unless otherwise indicated. Shipping costs are borne by the selling and are calculated based on the location of the shipping address. Rates applied by PostNL are followed. A term specified by the seller for delivery is indicative. This is never a strict deadline. If the term is exceeded, the buyer must put the seller in default in writing. The seller is entitled to deliver the goods in instalments, unless the parties have agreed otherwise in writing or partial delivery has no independent value. In the case of delivery in parts, the seller is entitled to invoice these parts separately.
If the seller cannot, not timely, or not properly fulfil his obligations under the agreement due to force majeure, he is not liable for damage suffered by the buyer. Force majeure is understood by the parties to include any circumstance that the seller could not reasonably have taken into account at the time of entering.