Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who is not acting for purposes related to their trade, business or profession and enters into a distance contract with the trader;
3. Distance contract: a contract concluded under an organised distance sales scheme for products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
4. Means of distance communication: a method that can be used to conclude a contract without the consumer and trader being in the same place at the same time;
5. Reflection period: the period within which the consumer can exercise their right of withdrawal;
6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
7. Day: calendar day;
8. Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the Trader

Alanredshop, part of UnderwearMan.nl

Molenstraat 46
Tilburg, The Netherlands

Phone: +31 13 2010034, available on business days 9:00 AM – 5:00 PM (CET)
Email: klantenservice@alanredshop.com

Chamber of Commerce (KvK) number: 82357234
VAT identification number: NL862432625B01

Article 3 – Applicability

These terms and conditions apply to every offer made by the trader and to every distance contract concluded between trader and consumer.

Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the terms and conditions can be reviewed at the trader's premises and that they will be sent free of charge as quickly as possible at the consumer's request.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.

Where specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.

Every offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

• the price including taxes;
• any delivery costs;
• the manner in which the contract will be concluded and the actions required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery or performance of the contract;
• the period for accepting the offer, or the period within which the trader guarantees the price;
• the level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard rate;
• whether the contract will be archived after conclusion, and if so, how the consumer can access it;
• the way in which the consumer can find out about actions they did not intend before concluding the contract, and how they can correct these before the contract is concluded;
• any languages, in addition to Dutch, in which the contract can be concluded;
• the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a contract for the continuous or periodic delivery of products or services.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and satisfies the corresponding conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of the acceptance of the offer. Until receipt of this acceptance has been confirmed, the consumer may cancel the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

The trader may, within legal limits, verify whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.

The trader will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, together with the product or service:

• a. the visiting address of the trader's place of business where the consumer can lodge complaints;
• b. the conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear statement regarding exclusion from the right of withdrawal;
• c. information about existing after-sales service and guarantees;
• d. the information contained in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to performance of the contract;
• e. the requirements for terminating the contract if the contract has a duration of more than one year or an indefinite duration.

If the trader has undertaken to supply a series of products or services, the provision above applies only to the first delivery.

Article 6a – Right of Withdrawal for the Delivery of Products

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days. This period begins on the day after receipt of the product by or on behalf of the consumer.

During this period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the trader with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader. Items must not have had their original labels removed, must be in their original packaging, and must not have been worn or washed.

Article 6b – Right of Withdrawal for the Delivery of Services

For the delivery of services, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days, beginning on the day the contract is entered into.

To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, they will bear at most the costs of return shipping.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 30 days of the return shipment or withdrawal.

Article 8 – Exclusion of the Right of Withdrawal

If the consumer does not have a right of withdrawal, this can only be excluded by the trader if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products:

• that have been produced by the trader according to the consumer's specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or age quickly;
• whose price is subject to fluctuations in the financial market over which the trader has no influence;
• for loose newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

• a) relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
• b) the delivery of which has begun with the consumer's express consent before the reflection period has expired;
• c) relating to bets and lotteries.

Article 9 – The Price

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 resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services with variable prices where the prices are subject to fluctuations in the financial market over which the trader has no influence. Such dependency on fluctuations, and the fact that any prices stated are indicative, will be mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

• they result from statutory regulations or provisions; or
• the consumer has the right to terminate the contract as of the day the price increase takes effect.

Prices stated in the offer of products or services are inclusive of VAT.

Article 10 – Conformity and Guarantee

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded.

Any arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer may assert against the trader under the law and/or the distance contract in respect of a shortcoming in the fulfilment of the trader's obligations.

Article 11 – Delivery and Performance

The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

With due observance of the provisions of Article 4 of these terms and conditions, the company will execute accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.

In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 30 days of the dissolution.

If delivery of an ordered product proves to be impossible, the trader will make an effort to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 – Continuing Performance Contracts

The consumer may terminate a contract entered into for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.

A contract entered into for a definite period has a maximum term of two years. If it has been agreed that, in the event of the consumer's silence, the distance contract will be extended, the contract will continue as a contract for an indefinite period, and the notice period after continuation of the contract will be no more than one month.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within fourteen days of delivery of the goods or, in the case of a contract to provide a service, within 14 days of receipt of the documents relating to this contract.

When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

The consumer has a duty to report inaccuracies in provided or stated payment details to the trader without delay.

In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs that have been communicated to the consumer in advance.

Article 14 – Complaints Procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

Article 15 – Intellectual Property

The Buyer expressly acknowledges that all intellectual property rights relating to information, communications or other expressions displayed in relation to the products and/or the website belong to Alanredshop, its suppliers, or other rights holders.

Article 16 – Personal Data

Alanredshop will only process the Buyer's data in accordance with its privacy policy. In doing so, Alanredshop observes the applicable privacy rules and legislation.

Article 17 – Applicable Law and Competent Court

Dutch law exclusively applies to all offers made by Alanredshop, its contracts and their performance. The applicability of the Vienna Sales Convention is expressly excluded.

Article 18 – Links

Alanredshop's website may contain advertisements from third parties or links to other websites. Alanredshop has no control over, and is not responsible for, the privacy practices of these third parties or their websites.

Article 19 – Your Rights

You may always ask Alanredshop what data concerning you is being processed. You can do so by sending an email. You may also email Alanredshop to request corrections, additions or other amendments, which Alanredshop will process as soon as possible. If you no longer wish to receive information, you can inform Alanredshop of this. Information is only sent to you if you have provided your email address for this purpose.

Article 20 – Additional or Deviating Provisions

Additional provisions, or provisions deviating from these terms and conditions, may not be to the consumer's disadvantage and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.