Terms of service
SAINA CLOTHING
Terms and Conditions
These terms and conditions apply to every offer made by Saina Clothing and to every distance contract concluded between Saina Clothing and the consumer. These terms have been drawn up in accordance with Dutch consumer law (Dutch Civil Code, Book 6, Section 2A – distance contracts) and applicable EU legislation, including the Consumer Rights Directive (2011/83/EU) and the General Data Protection Regulation (GDPR).
Article 1 – Definitions
Reflection period: the period within which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession.
Day: calendar day.
Durable medium: any tool that enables the consumer or trader to store information addressed to them personally in a way that allows future reference (for example, email).
Right of withdrawal: the consumer's option to cancel the distance contract within the reflection period.
Trader: Saina Clothing, established in Amsterdam, which offers products to consumers at a distance.
Distance contract: a contract concluded between Saina Clothing and the consumer within the framework of an organised system for the distance selling of products, in which, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication (the webshop).
Website: the Saina Clothing webshop, accessible via www.sainaclothing.com [to be completed].
Article 2 – Identity of the trader
Saina Clothing
Registered address: Voorburgstraat 334, 1062 JB Amsterdam
Email address: info@sainaclothing.com
Chamber of Commerce (KvK) number: 96092572
VAT identification number: NL867465785B01
Article 3 – Applicability
These terms and conditions apply to every offer made by Saina Clothing and to every distance contract concluded between Saina Clothing and the consumer.
Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated that the terms can be viewed at Saina Clothing and will be sent free of charge upon request.
If the distance contract is concluded electronically, the text of these terms may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium.
Deviations from these terms are only possible if the parties have expressly agreed to this in writing.
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 offered, with sufficiently detailed information to allow a proper assessment by the consumer. Obvious mistakes or errors in the offer do not bind Saina Clothing.
Images accompanying products are a true representation of the products offered. Saina Clothing cannot guarantee that the colours displayed exactly match the actual colours of the product, partly due to the consumer's screen settings.
Each offer contains information such that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
The contract is concluded at the moment the consumer accepts the offer and meets the associated conditions.
If the consumer has accepted the offer electronically, Saina Clothing will immediately confirm electronic receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.
Saina Clothing will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment, including a secure payment environment.
Within legal frameworks, Saina Clothing may verify whether the consumer can meet their payment obligations, as well as facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, Saina Clothing has good reason not to enter into the contract, it is entitled to refuse an order or request, with reasons given.
Article 6 – Right of withdrawal
For products
The consumer may cancel a contract relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. Saina Clothing may ask the consumer for the reason for withdrawal but may not require them to state their reason(s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product.
If the consumer orders multiple products in the same order: the reflection period starts once the consumer has received the last product. For an order consisting of several shipments or parts: the reflection period starts once the consumer has received the last shipment or part.
Obligations during the reflection period
During the reflection period, the consumer will handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product, as would also be permitted in a physical shop.
The consumer is only liable for depreciation of the product resulting from handling of the product beyond what is permitted under paragraph 1, for example by removing labels or clear signs of wear.
Exercising the right of withdrawal
If the consumer wishes to exercise their right of withdrawal, they must report this within the reflection period using the model withdrawal form or in another unambiguous way to Saina Clothing (for example, by email).
As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorised representative of) Saina Clothing.
The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the product are borne by the consumer, unless Saina Clothing expressly states that it will bear these costs itself.
If the consumer has paid an amount, Saina Clothing will refund this amount – including the standard delivery costs for the outbound shipment – as soon as possible, but no later than within 14 days after withdrawal. Saina Clothing may wait to refund until it has received the product, or until the consumer proves that they have returned the product, whichever comes first.
Saina Clothing will use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
Exclusion of the right of withdrawal
Saina Clothing may exclude the consumer's right of withdrawal to the extent provided for in Article 6:230p of the Dutch Civil Code, including for:
Products that are manufactured according to the consumer's specifications, are not prefabricated and are manufactured based on an individual choice or decision by the consumer, or that are clearly intended for a specific person (for example, custom-made or personalised clothing);
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery (for example, underwear or accessories that come into contact with the body, if delivered sealed).
These exceptions – where applicable to a specific product – will be clearly stated in the product listing.
Article 7 – Price
Prices stated in the offer of products include VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, Saina Clothing is not obliged to deliver the product at the incorrect price.
Where applicable, shipping costs will be stated separately and clearly before the contract is concluded.
Article 8 – Conformity and warranty
Saina Clothing guarantees that the products comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and government regulations in force on the date the contract was concluded.
Products are covered by the statutory warranty (conformity) as regulated in the Dutch Civil Code. This means a product must be what the consumer may reasonably expect it to be. If a product does not conform to the contract, the consumer is entitled to free repair, replacement, an appropriate price reduction, or dissolution of the contract, depending on the severity of the defect.
The consumer must notify Saina Clothing of any defects as soon as possible, but in any case within a reasonable time after discovery.
Article 9 – Delivery and performance
Saina Clothing will exercise the greatest possible care when receiving and processing orders for products.
The place of delivery is the address that the consumer has made known to Saina Clothing.
Saina Clothing will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed, or only partially, the consumer will be notified of this no later than 30 days after placing the order.
The risk of damage and/or loss of products lies with Saina Clothing until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 10 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid via the payment methods offered on the website when placing the order.
The consumer is obliged to report any inaccuracies in provided or stated payment details to Saina Clothing without delay.
Article 11 – Complaints procedure
Complaints about the performance of the contract must be submitted to Saina Clothing, fully and clearly described, within a reasonable time via info@sainaclothing.com [to be completed], after the consumer has discovered the defects.
Complaints submitted to Saina Clothing will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, Saina Clothing will respond within this period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
A consumer in the European Union may also submit a complaint via the European ODR platform (ec.europa.eu/consumers/odr).
Article 12 – Disputes
Dutch law exclusively applies to contracts between Saina Clothing and the consumer to which these terms and conditions relate.
Disputes between the consumer and Saina Clothing concerning the formation or performance of contracts may be submitted to the competent court in the Netherlands, without prejudice to the consumer's right to submit the dispute to the court that has jurisdiction under the law.
Article 13 – Intellectual property
All intellectual property rights relating to the website, the Saina Clothing brand name, the logo, designs, texts, images and other content belong to Saina Clothing or its licensors. It is not permitted to reproduce, publish or exploit these without prior written permission.
Article 14 – Use of the website
Access and use
These provisions apply to any use of the website, regardless of whether the visitor makes a purchase.
Saina Clothing endeavours to keep the website available and error-free as much as possible, but does not guarantee that the website is accessible uninterrupted, in a timely manner, or free of errors or viruses at all times.
Saina Clothing reserves the right to change, supplement or (temporarily) take the website, or parts thereof, out of use at any time, without this giving rise to any right to compensation.
Prohibited use
Visitors are not permitted to use the website:
for unlawful purposes or to support unlawful activities;
to distribute or upload viruses, malware or other harmful code;
to scan, scrape, crawl or otherwise automatically search the website or underlying systems, unless explicit permission has been given for this;
to gain unauthorised access to systems, accounts or data belonging to Saina Clothing or other users;
to disrupt or circumvent the correct functioning or security of the website;
to provide incorrect, misleading or fraudulent information, for example when placing an order or creating an account;
to make offensive, discriminatory, harassing or otherwise unlawful statements towards Saina Clothing, fellow users or third parties.
In the event of a violation of the above, Saina Clothing reserves the right to refuse or block access to the website, without prejudice to the right to claim damages.
Accounts
If the website offers the option of creating an account, the user is responsible for keeping their login details confidential and for all activities that take place via the account.
In the event of suspected unauthorised use of an account, the user must notify Saina Clothing of this without delay.
Content and intellectual property of the website
All content on the website – including texts, photos, videos, illustrations, the Saina Clothing logo and design – is owned by Saina Clothing or is shown with the permission of the rights holder, and is protected by copyright and trademark law. It is not permitted to copy, distribute or otherwise use this content without prior written permission, other than for personal, non-commercial use in connection with placing an order.
Comments and user content
If a visitor posts comments, reviews or other content on the website (for example, a product review), they declare that this content does not infringe the rights of third parties and is not unlawful, offensive or misleading. Saina Clothing may refuse, remove or amend such content at its own discretion.
Links to other websites
The website may contain links to third-party websites. Saina Clothing has no control over these websites and accepts no responsibility for their content or functioning.
Article 15 – Privacy and personal data
Saina Clothing processes the consumer's personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable privacy legislation. For more information about what data is collected, for what purpose and on what legal basis, Saina Clothing refers to its Privacy Policy, available on the website.
Article 16 – Additional or deviating provisions
Provisions in addition to, or deviating from, these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
Article 17 – Amendment of the terms
Saina Clothing reserves the right to amend these terms and conditions. Amendments will be published on the website and apply to orders placed after the date of publication.
Article 18 – Contact details
Questions about these terms and conditions can be directed to:
Saina Clothing
Email: info@sainaclothing.com
Address: Voorburgstraat 334, 1062 JB Amsterdam, The Netherlands
Please note: this document has been carefully drafted based on Dutch and European consumer law, but does not constitute legal advice. Complete the company details (KvK number, VAT number, address, email address) before publication and have the document reviewed by a lawyer before it is finalised on the website.