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Points of sale Customer service

Terms and Conditions

These General Terms and Conditions of Sale (hereinafter the "Terms") govern the contractual relationship between De Parfumeur B.V., acting on behalf of Mancera Parfums (hereinafter the "Seller"), and any natural person (hereinafter the "Customer") purchasing perfume products and/or accessories (hereinafter the "Products") of the MANCERA brand (hereinafter the "Brand") through distance selling via the Seller's website, manceraparfums.com (hereinafter the "Website").

Any order placed through the Website constitutes the Customer's unconditional acceptance of these Terms.

Article 1 – Definitions

Supplementary Agreement: an agreement whereby the Consumer acquires products, digital content and/or services in connection with a distance contract, and such products, digital content and/or services are supplied by the Seller or by a third party on the basis of an arrangement between that third party and the Seller.
Withdrawal Period: the period during which the Consumer may exercise the right of withdrawal.
Consumer: a natural person acting for purposes which are wholly outside that person's trade, business, craft or profession.
Day: a calendar day.
Digital Content: data produced and supplied in digital form.
Continuous Performance Contract: an agreement providing for the regular supply of products, services and/or digital content over a specified period.
Durable Medium: any instrument, including email, that enables the Consumer or the Seller to store information addressed personally to them in a manner accessible for future reference for a period adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
Right of Withdrawal: the Consumer's option to withdraw from the distance contract within the Withdrawal Period.
Distance Contract: a contract concluded between the Seller and the Consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made of one or more means of distance communication up to and including the conclusion of the contract.
Model Withdrawal Form: the European model withdrawal form included in Appendix I to these Terms. Appendix I does not need to be provided if the Consumer has no right of withdrawal in relation to the relevant order.
Means of Distance Communication: any means that may be used to conclude an agreement without the Consumer and the Seller being simultaneously present in the same place.

Article 2 – Identity of the Seller

De Parfumeur B.V.
Lange Delft 133
4331 AM Middelburg
The Netherlands

Visiting Address:
Coolsingel 56
3011 AE Rotterdam
The Netherlands

Telephone: +31 (0)10 413 5893
Email: nederland@manceraparfums.com
Chamber of Commerce: 80671128
VAT: NL861757208B01

Article 3 – Applicability

These Terms apply to every offer made by the Seller and to every distance contract concluded between the Seller and the Consumer.

Before the distance contract is concluded, the text of these Terms shall be made available to the Consumer. If this is not reasonably possible, the Seller shall indicate, before the contract is concluded, how the Terms can be consulted and that they will be sent free of charge to the Consumer upon request as soon as possible.

If the distance contract is concluded electronically, the text of these Terms may, notwithstanding the previous paragraph and prior to the conclusion of the contract, be made available electronically in such a way that the Consumer can easily store them on a Durable Medium. If this is not reasonably possible, the Seller shall indicate where the Terms can be accessed electronically and that they will be sent free of charge electronically or by other means upon request.

If specific product or service conditions apply in addition to these Terms, paragraphs 2 and 3 shall apply accordingly. In the event of conflicting provisions, the Consumer may always invoke the provision that is most favourable to them.

Article 4 – The Offer

If an offer is subject to a limited period of validity or specific conditions, this shall be expressly stated in the offer.

The offer shall contain a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to enable the Consumer to make a proper assessment of the offer. If the Seller uses images, these shall provide a truthful representation of the products, services and/or digital content offered. Obvious errors or mistakes in the offer shall not be binding on the Seller.

Each offer shall contain such information as is necessary to make clear to the Consumer the rights and obligations associated with acceptance of the offer.

Article 5 – The Contract

Subject to the provisions of paragraph 4 of this Article, the contract shall be concluded at the moment the Consumer accepts the offer and fulfils the conditions attached thereto.

If the Consumer has accepted the offer electronically, the Seller shall promptly acknowledge receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the Seller, the Consumer may dissolve the contract.

If the contract is concluded electronically, the Seller shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the Consumer is able to make electronic payments, the Seller shall observe appropriate security measures.

Within the limits of the law, the Seller may verify whether the Consumer is able to fulfil their payment obligations and may obtain all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the Seller has reasonable grounds not to conclude the contract, the Seller shall be entitled to refuse an order or application, stating the reasons, or to attach special conditions to its execution.

No later than upon delivery of the product, service or digital content, the Seller shall provide the Consumer, in writing or in such a manner that the Consumer can store the information in an accessible way on a Durable Medium, with information including: the visiting address for complaints, conditions for withdrawal, warranty information, price details, termination requirements, and the Model Withdrawal Form.

In the case of a Continuous Performance Contract, the provisions of the previous paragraph shall apply only to the first delivery.

Article 6 – Right of Withdrawal

For Products

The Consumer may withdraw from an agreement relating to the purchase of a product within a Withdrawal Period of at least fourteen (14) days without stating any reason. The Seller may ask the Consumer about the reason for withdrawal, but may not require the Consumer to provide such reason(s). If, upon receipt of the product, the Consumer discovers that the item is defective, this must be reported within twenty-four (24) hours by email to: nederland@manceraparfums.com.

The Withdrawal Period commences on the day after the Consumer receives the product, or: (a) for multiple products in one order: the day the last product is received; (b) for products delivered in several shipments: the day the final shipment is received; (c) for regular delivery agreements: the day the first product is received.

For Services and Digital Content Not Supplied on a Tangible Medium

The Consumer may withdraw within at least fourteen (14) days without stating any reason. The Withdrawal Period commences on the day following the conclusion of the agreement.

Extended Withdrawal Period

If the Seller has failed to provide the legally required information concerning the right of withdrawal or the Model Withdrawal Form, the Withdrawal Period shall expire twelve (12) months after the end of the original Withdrawal Period. If the Seller provides this information within twelve months, the Withdrawal Period expires fourteen (14) days after the Consumer received that information.

Article 7 – Consumer Obligations During the Withdrawal Period

During the Withdrawal Period, the Consumer shall handle the product and its packaging with due care. The Consumer shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the Consumer may only handle and inspect the product in the same manner as would be permitted in a physical retail store.

The Consumer shall only be liable for any diminished value of the product resulting from handling the product beyond what is permitted.

The Consumer shall not be liable for any diminished value of the product if the Seller failed to provide all legally required information concerning the right of withdrawal before or upon the conclusion of the agreement.

Article 8 – Exercise of the Right of Withdrawal and Related Costs

If the Consumer exercises the right of withdrawal, the Consumer must notify the Seller within the Withdrawal Period by using the Model Withdrawal Form, by sending an email to nederland@manceraparfums.com, or by any other unequivocal statement. Returns are only accepted if the products are returned in unopened and undamaged packaging.

Once the Consumer informs the Seller that products will be returned, the Consumer will receive an automatic email containing return instructions. These instructions may occasionally be filtered into the spam folder. If not received, it is the Consumer's responsibility to contact the Seller through another method or arrange the return independently.

The Consumer shall return the product as soon as reasonably possible and no later than fourteen (14) days from the notification of withdrawal.

The Consumer shall return the product together with all supplied accessories, and, where reasonably possible, in its original condition and packaging, in accordance with the instructions provided by the Seller.

The Model Withdrawal Form and the packing slip must be enclosed with the returned shipment. Without these documents, the return cannot be processed. If not included, the Seller will conduct an investigation and administrative costs of 10% may be charged.

The burden of proof and the risk associated with the correct and timely exercise of the right of withdrawal shall rest with the Consumer. The Seller recommends returning the parcel using Track & Trace and retaining proof of shipment. If returned without Track & Trace or proof of shipment, no guarantee can be given for lost parcels.

The Consumer shall bear the direct costs of returning the product.

If the Consumer exercises the right of withdrawal, any Supplementary Agreements shall automatically be terminated by operation of law.

Article 9 – Seller's Obligations in the Event of Withdrawal

If the Seller enables the Consumer to notify withdrawal electronically, the Seller shall send an acknowledgement of receipt without delay after receiving such notification.

Refunds shall be made using the same payment method originally used by the Consumer, including payments made via iDEAL, PayPal, Mister Cash/Bancontact, Visa, Mastercard or Klarna.

If the Consumer has chosen a more expensive delivery method than the least expensive standard delivery, the Seller is not required to reimburse the additional costs.

Article 10 – Exclusion of the Right of Withdrawal

The Seller may exclude the following products and services from the right of withdrawal, provided this was clearly stated in the offer or communicated prior to the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market beyond the Seller's control and which may occur during the Withdrawal Period.
Service agreements, after full performance of the service, but only if: (a) performance commenced with the Consumer's prior express consent; and (b) the Consumer acknowledged losing the right of withdrawal once the Seller has fully performed the agreement.
Products manufactured according to the Consumer's specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the Consumer, or which are clearly intended for a specific person.
Sealed products that are unsuitable for return due to reasons of health protection or hygiene and whose seal has been broken after delivery.
Products which, by their nature, have been inseparably mixed with other products after delivery.
The supply of digital content not supplied on a tangible medium, but only if: (a) performance commenced with the Consumer's prior express consent; and (b) the Consumer acknowledged forfeiting the right of withdrawal by giving such consent.

Article 11 – Prices

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the Seller may offer products or services whose prices are subject to fluctuations in the financial markets beyond the Seller's control at variable prices. Such dependence on market fluctuations and the fact that any prices stated are indicative prices shall be clearly specified in the offer.

All prices stated in offers for products or services include VAT.

Article 12 – Performance of the Agreement and Additional Guarantees

The Seller guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and usability, and all applicable statutory provisions and/or government regulations in force on the date the agreement is concluded. If expressly agreed, the Seller also guarantees that the product is suitable for purposes other than its normal use.

Any additional guarantee provided by the Seller, its supplier, manufacturer or importer shall never limit the statutory rights and claims that the Consumer may invoke against the Seller under the agreement if the Seller has failed to fulfil its obligations under the agreement.

An "additional guarantee" means any undertaking by the Seller, its supplier, importer or manufacturer granting the Consumer rights or claims beyond those required by law in the event of a failure to fulfil obligations under the agreement.

Article 13 – Delivery and Performance

The Seller shall exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery shall be the address provided by the Consumer to the Seller. If the Consumer is absent at the agreed place and time of delivery, PostNL shall be authorised to deliver the parcel to an alternative location in accordance with its applicable delivery procedures.

Subject to the provisions set out in Article 4, the Seller shall execute accepted orders with due dispatch and no later than thirty (30) days after acceptance, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the Consumer shall be informed no later than thirty (30) days after placing the order. In such cases, the Consumer shall be entitled to terminate the agreement free of charge and shall be entitled to any compensation provided by law.

Following termination in accordance with the previous paragraph, the Seller shall promptly reimburse any amounts paid by the Consumer.

The risk of damage to or loss of products shall remain with the Seller until the products have been delivered to the Consumer or to a representative designated in advance by the Consumer and made known to the Seller, unless expressly agreed otherwise.

Article 14 – Continuous Performance Contracts: Duration, Termination and Renewal

A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the Consumer may terminate the agreement at any time, subject to a notice period of no more than one (1) month. A notice period of no more than three (3) months may apply where the agreement concerns the regular, but less than monthly, delivery of daily newspapers, newspapers, weekly publications or magazines.

Duration: If an agreement has a duration exceeding one (1) year, the Consumer may terminate the agreement at any time after one year by giving notice of no more than one (1) month, unless the principles of reasonableness and fairness prevent termination before the end of the agreed term.

Article 15 – Payment

Unless otherwise stipulated in the agreement or supplementary conditions, amounts payable by the Consumer must be paid within fourteen (14) days after the commencement of the Withdrawal Period, or, where no Withdrawal Period applies, within fourteen (14) days after the conclusion of the agreement. In the case of an agreement for the provision of services, this period shall commence on the day after the Consumer has received confirmation of the agreement.

In the sale of products to Consumers, the Consumer shall never be obliged under general terms and conditions to make an advance payment exceeding fifty percent (50%) of the purchase price. Where advance payment has been agreed, the Consumer may not assert any rights regarding the execution of the relevant order or services before the agreed advance payment has been made.

The Consumer is obliged to notify the Seller without delay of any inaccuracies in payment details provided or stated.

If the Consumer fails to fulfil payment obligations on time and, after being notified of the late payment by the Seller, is granted a period of fourteen (14) days to fulfil those obligations, statutory interest shall become payable on the outstanding amount if payment is not made within that period. The Seller shall also be entitled to charge reasonable extrajudicial collection costs, up to a maximum of: 15% of outstanding amounts up to €2,500; 10% of the subsequent €2,500; and 5% of the next €5,000, subject to a minimum charge of €40. The Seller may deviate from these amounts and percentages in favour of the Consumer.

Article 16 – Complaints Procedure

The Seller operates a clearly communicated complaints procedure and shall handle complaints in accordance with that procedure.

Any defects must be reported to the Seller within twenty-four (24) hours of the Consumer receiving the products. Complaints must contain a complete and clear description of the defect and be submitted by email to: nederland@manceraparfums.com.

Complaints submitted to the Seller shall be answered within fourteen (14) days from the date of receipt. If a complaint requires a longer processing period, the Consumer shall receive an acknowledgement of receipt within the aforementioned fourteen (14) days together with an indication of when a more detailed response can be expected.

Article 17 – Additional or Deviating Provisions

Any provisions that supplement or deviate from these Terms shall not be to the detriment of the Consumer. Such provisions must be recorded in writing or in a manner that allows the Consumer to store them in an accessible way on a Durable Medium.