Terms & Conditions
ETQ general terms and conditions for online purchasing on www.etq-amsterdam.com
Introduction
These are the General Terms and Conditions of ETQ Amsterdam, a trademark of Micanza B.V. They apply whenever you use our Website or place an order through the ETQ Webshop, and they contain important information for you as a buyer. Please read them carefully. We recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
If you are a Consumer, nothing in these General Terms and Conditions limits or excludes any rights you have under the mandatory consumer protection laws of the country in which you live. Where any provision of these General Terms and Conditions conflicts with those mandatory rights, your statutory rights prevail.
1. Company information
1.1. Micanza B.V., trading as ETQ Amsterdam (“ETQ”, “we”, “us”).
| Company Name: | Micanza B.V. - ETQ Amsterdam |
| Registered Address: | Duinkerkenstraat 40
9723 BT Groningen |
| Telephone number: | +31 (0)85 401 3553
Available on Business Days from 10:00 AM to 5:00 PM Central European Time (CET). |
| Email address: | service@etq-amsterdam.com |
| Registration number Chamber of Commerce: | 88336018 |
| VAT identification number: | NL864584088B01 |
2. Definitions
2.1. Business Day: a calendar day other than a Saturday, Sunday or Dutch public holiday, on which banks in the Netherlands are open for normal business.
2.2. Consumer: a natural person acting for purposes which are outside his or her trade, business, craft or profession, who enters into an Agreement with ETQ via the ETQ Webshop.
2.3. Agreement: any distance agreement for Products ordered through the ETQ Webshop, concluded between ETQ and the Customer, of which these General Terms and Conditions form an integral part.
2.4. Website / Webshop: the website of ETQ at www.etq-amsterdam.com and all of its subdomains, including its online shop.
2.5. Product: all goods that ETQ produces and/or sells under the trade name ‘ETQ’.
3. Applicability
3.1. These General Terms and Conditions apply to all offers, Agreements and deliveries of ETQ concluded through the ETQ Webshop, and supersede any previous versions.
3.2. Deviations from, or additions to, these General Terms and Conditions apply only if agreed between ETQ and the Customer. Commitments, arrangements and statements made by ETQ or its representatives — including those made verbally or by email — are binding on ETQ without any requirement of written confirmation.
3.3. Where specific Product-related terms apply in addition to these General Terms and Conditions, they will be specified in the offer of the specific Product. In the event of any inconsistency, the Customer may always invoke the provision that is most favourable to him or her.
4. Offers and orders
4.1. The content of the Website is composed with the greatest care. ETQ is nevertheless not bound by manifest errors, such as obvious programming or typing mistakes in a price which a reasonable Customer could recognise as an error. If ETQ discovers such an error after an order has been placed, it will contact the Customer as soon as possible; the Customer may then cancel the order free of charge and any payments will be refunded without undue delay.
4.2. ETQ will indicate on the Website if an offer is of limited duration. Offers are subject to availability.
4.3. ETQ may cancel a confirmed order in the following situations:
- the Product is out of stock;
- the order is flagged by ETQ’s security systems as susceptible to fraud;
- the billing information provided cannot be verified;
- ETQ has reasonable grounds to believe the Customer is purchasing for resale;
- ETQ cannot deliver to the shipping address provided.
In each case the Customer will be informed by email and any payments in respect of the order will be refunded without undue delay.
5. Conclusion of the Agreement
5.1. The Agreement is concluded when the Customer accepts the offer by completing an order through the ETQ Webshop and meets the conditions set out with that offer. Promptly after receiving an order, ETQ will confirm receipt of the order by email.
5.2. ETQ may, within statutory limits, obtain information about the Customer’s ability to fulfil his or her payment obligations, as well as facts and factors relevant to the responsible conclusion of the Agreement.
6. Prices
6.1. All prices quoted on the Website are in euros and include VAT. For deliveries within the EU, no additional import duties apply.
6.2. ETQ may change the prices quoted on the Website at any time. Price changes apply exclusively to future orders and are never retroactive. The price stated at the time the Customer completes an order is binding on both ETQ and the Customer.
6.3. If shipping costs are charged, these will be clearly stated in good time before the Agreement is concluded and displayed separately during the ordering process. For deliveries outside the European Union, import duties, taxes and customs clearance charges may be levied in the country of destination; these are payable by the Customer and are indicated as such before the order is completed.
7. Right of withdrawal
7.1. This article applies only if the Customer is a Consumer.
7.2. The Consumer has the right to withdraw from the Agreement within 14 calendar days without giving any reason. The Consumer may choose between a refund or an exchange of the ordered Product. The withdrawal period expires 14 calendar days after the day on which the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the Product — or, where several Products from one order are delivered separately, of the last Product.
7.3. The right of withdrawal does not apply to sealed Products which are not suitable for return for reasons of health protection or hygiene — such as underwear, swimwear and pierced accessories — if their seal has been broken after delivery. Sealed Products of this kind that are returned with the seal intact are accepted.
7.4. To exercise the right of withdrawal, the Consumer informs ETQ within the withdrawal period by requesting a Return Merchandise Authorisation on the Website, by using the model withdrawal form, or by sending an unequivocal statement to service@etq-amsterdam.com. It is sufficient to send the notification before the withdrawal period has expired. ETQ will confirm receipt of the withdrawal without delay.
7.5. During the withdrawal period, the Consumer will handle the Product and its packaging with care. The Consumer may inspect the Product in the same way he or she would be able to do in a shop, in order to establish the nature, characteristics and functioning of the Product. The Consumer is only liable for any diminished value of the Product resulting from handling that goes beyond this.
7.6. The Consumer returns the Product without undue delay, and in any event no later than 14 calendar days after the day of the withdrawal notification, following the instructions of the Return Merchandise Authorisation. Returning the Product before this period expires is sufficient. The Consumer is asked to return the Product with all delivered accessories and, to the extent reasonably possible, in its original packaging; not doing so never affects the right of withdrawal itself, but may be taken into account in assessing diminished value under Article 7.5.
7.7. The direct costs of the return shipment are borne by the Consumer; where ETQ’s return label is used, these costs are deducted from the refund at the amount stated on the Website. In the case of an exchange, no return or additional delivery costs are charged.
7.8. ETQ will refund all payments received from the Consumer, including standard delivery costs, without undue delay and in any event within 14 calendar days after the day on which ETQ is informed of the withdrawal. If the Consumer chose a more expensive method of delivery than the cheapest standard delivery offered, ETQ is not obliged to refund the additional costs of the more expensive method. ETQ may withhold the refund until it has received the Product back, or until the Consumer has supplied evidence of having sent the Product back, whichever occurs first. The refund is made using the same means of payment the Consumer used, unless the Consumer expressly agrees otherwise; the Consumer will not be charged any fees for the refund.
7.9. For deliveries outside the European Union, the Consumer is asked to declare returned Products as “Returns and Repairs of Dutch Merchandise” on the customs declaration.
8. Payment
8.1. Unless otherwise provided, amounts payable to ETQ are paid within 14 calendar days after conclusion of the Agreement, using the payment methods indicated on the Website. The payment methods offered at the time of ordering apply to that order; changes to the available payment methods apply only to future orders. ETQ does not charge the Customer any surcharge for the use of ordinary payment methods.
8.2. The Customer must inform ETQ of any inaccuracies in the payment data provided.
8.3. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, ETQ offers the payment options Pay Later and Slice It, where available. Payment under these options is made to Klarna. Klarna’s user terms and privacy statement apply to these payment options and are available via the links shown at checkout.
9. Shipping and delivery
9.1. Ordered Products are shipped within 1–3 Business Days after confirmation of the order. Where multiple orders with the same shipping address are placed, these may be combined, unless the Customer requests otherwise; in that case shipment takes place within 1–3 Business Days after the last order. All shipping services used by ETQ provide a tracking number.
9.2. Stated shipping and delivery terms are indicative. If no delivery term has been agreed, delivery takes place no later than 30 days after the order. If ETQ is unable to deliver within the agreed or statutory term, it will notify the Customer; the Customer may then either agree to a new delivery date or terminate the Agreement free of charge, in which case any payments already made will be refunded without undue delay. Statutory rights of the Consumer in the event of late delivery remain unaffected.
9.3. ETQ ships to addresses in the countries indicated on the Website and may engage third parties in the fulfilment of its shipping obligations. For shipping addresses outside the European Union, the Customer is responsible for ensuring that the ordered Product may lawfully be imported.
9.4. The risk associated with the Products passes to the Customer as soon as the Customer, or a third party designated by the Customer other than the carrier, has acquired physical possession of the Products.
9.5. Delivered Products remain the property of ETQ until the purchase price for those Products has been paid in full. This retention of title does not affect the Customer’s statutory rights, including the right of withdrawal and the Customer’s rights in the event of non-conformity.
10. Conformity and complaints
10.1. ETQ warrants that the Products conform to the Agreement, to the specifications stated in the offer, to reasonable requirements of soundness and usability, and to the statutory provisions and government regulations in force on the date the Agreement was concluded.
10.2. If a delivered Product does not conform to the Agreement, the Consumer is entitled to the remedies provided by the mandatory law of his or her country of residence — including repair, replacement, an appropriate price reduction or termination of the Agreement with a refund — free of charge. The statutory conformity period is at least two years from delivery; where the law of the Consumer’s country of residence provides for a longer period or more extensive rights, that longer period or those rights apply.
10.3. The Consumer’s statutory rights are not conditional upon inspecting the Product upon delivery or notifying ETQ of a defect within any particular period. Reporting a defect promptly is welcomed, as it enables faster resolution, but late notification never reduces or excludes the Consumer’s statutory rights.
10.4. Complaints about a Product or about any other aspect of ETQ’s service can be submitted by email to service@etq-amsterdam.com, stating where possible the order number and a description of the complaint. ETQ will respond within 5 Business Days of receipt; if a substantive response is not yet possible within that period, ETQ will confirm receipt and indicate when a substantive response can be expected.
10.5. If the Customer is a Consumer, he or she may also submit the dispute to a competent consumer alternative dispute resolution body in his or her country of residence. An overview of dispute resolution bodies in the EU Member States is available at https://consumer-redress.ec.europa.eu/dispute-resolution-bodies.
11. Liability
11.1. Nothing in these General Terms and Conditions excludes or limits the liability of ETQ for:
- death or personal injury;
- damage caused by intent or gross negligence of ETQ or its senior management;
- fraud or fraudulent misrepresentation;
- any other liability that cannot be excluded or limited under applicable mandatory law, including liability under product liability legislation.
11.2. Subject to Article 11.1, and in respect of Customers who are not Consumers, the liability of ETQ for damage caused by slight negligence is limited to the foreseeable damage that is typical for this type of Agreement, up to a maximum of the invoice value of the Product concerned.
11.3. In respect of Consumers, the statutory rules on liability of the country of the Consumer’s habitual residence remain unaffected.
12. Force majeure
12.1. ETQ is not liable for a failure or delay in performance to the extent caused by circumstances beyond its reasonable control (force majeure). In such an event, ETQ’s obligations are suspended for the duration of the force majeure. ETQ will inform the Customer of the force majeure situation as soon as reasonably possible.
12.2. If performance is delayed by force majeure for more than 30 days, either party may terminate the affected Agreement free of charge. In that case, any payments already made for Products not delivered will be refunded without undue delay. Statutory rights of the Consumer remain unaffected.
13. Intellectual property
13.1. All intellectual property rights relating to the Products, the ETQ brand and the Website remain the exclusive property of ETQ or its licensors. Nothing in the Agreement or these General Terms and Conditions transfers any intellectual property rights to the Customer or grants the Customer any licence, other than the right to use the Website and the purchased Products for private, non-commercial purposes.
14. Personal data
14.1. ETQ processes the Customer’s personal data in accordance with its privacy statement, available on the Website.
15. Website availability
15.1. ETQ strives to keep the Website available at all times but does not guarantee uninterrupted availability. ETQ may suspend, withdraw or alter parts of the Website where necessary, for example for maintenance or security reasons. This never affects Agreements already concluded or the Customer’s statutory rights.
16. Final provisions
16.1. If any provision of these General Terms and Conditions proves to be invalid or unenforceable, this does not affect the validity of the remaining provisions. The invalid or unenforceable provision is replaced by the applicable statutory provision.
16.2. ETQ may amend these General Terms and Conditions. Amendments apply exclusively to orders placed after the amended version has been published on the Website, stating the date of amendment. The version in force at the time of ordering applies to that order.
16.3. ETQ may transfer its rights and obligations under the Agreement to a third party in the context of a transfer of its business; this will not affect the Customer’s rights and obligations or reduce the guarantees owed to the Customer.
16.4. The term “written” or “in writing” in these General Terms and Conditions also includes communication by email, provided that the identity of the sender and the integrity of the message are sufficiently established. A requirement of written form is never a condition for the validity of commitments made by ETQ towards the Customer (see Article 3.2).
17. Governing law and jurisdiction
17.1. The Agreement is governed by Dutch law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the Customer is a Consumer, this choice of law does not deprive the Consumer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country in which the Consumer has his or her habitual residence (Article 6 of Regulation (EC) No 593/2008, “Rome I”). The Consumer can therefore always rely on the mandatory consumer protection rules of his or her own country.
17.2. A Consumer may bring proceedings against ETQ either before the courts of the EU Member State in which the Consumer is domiciled, or before the competent Dutch courts. ETQ will bring proceedings against a Consumer only before the courts of the Member State in which the Consumer is domiciled, in accordance with Article 18(2) of Regulation (EU) No 1215/2012 (“Brussels I bis”).
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.
Micanza B.V. – ETQ Amsterdam
Duinkerkenstraat 40, 9723 BT Groningen, the Netherlands
Tel.: +31 (0)85 401 3553 (Business Days, 10:00–17:00 CET)
Email: service@etq-amsterdam.com
Chamber of Commerce: 88336018 — VAT: NL864584088B01