Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

Reflection period: the period during which the consumer may exercise his right of withdrawal;

Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's option not to proceed with the distance contract within the reflection period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for communication at a distance until the conclusion of the agreement;

Technique for communication at a distance: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same place simultaneously.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

BOXR Underwear trading under the name Mediaconsults Group B.V.

info@boxrstore.com

Chamber of Commerce number: 83709223

VAT identification number: NL86295317B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request by electronic means or in another way.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are destroyed, the agreement and these conditions will remain in force and the relevant provision will be replaced in mutual consultation as soon as possible.

Situations not provided for in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

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

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Manifest errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;

any shipping costs;

the way in which the agreement will be concluded and which actions are necessary for this;

whether or not the right of withdrawal applies;

the method of payment, delivery, and implementation of the agreement;

the term for accepting the offer, or the period within which the entrepreneur guarantees the price;

the height of the tariff for communication at a distance if the costs of using the technique for communication at a distance are calculated on a different basis than the regular basic rate for the used communication medium;

whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;

the way in which the consumer, before concluding the agreement, can check the data provided by him under the agreement and, if desired, restore it;

any other languages ​​in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the entrepreneur 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 event of an extended transaction.

Optional: available sizes, colors, types of materials.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can - within legal frameworks - inquire about the consumer's ability to fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

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

1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
2. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about guarantees and existing service after purchase;
4. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
5. the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 - Right of withdrawal

In the purchase of products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This withdrawal period begins on the day after the consumer or a designated representative, previously notified to the entrepreneur, receives the product.

During the withdrawal 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 retain it. If they exercise their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur. Due to hygiene reasons, some products, such as underwear, cannot be returned unless unopened.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must make this notification through a written message/email. After the consumer has expressed their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must provide proof that the goods have been returned in a timely manner, for example, by means of proof of shipment.

If the customer has not indicated their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is considered final.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of return will be at most for his account.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is provided that the product has already been received back by the entrepreneur or conclusive proof of complete return can be submitted.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

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

1. that have been created by the entrepreneur in accordance with the consumer's specifications;
2. that are clearly of a personal nature;
3. that cannot be returned due to their nature;
4. that can quickly spoil or age;
5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software where the consumer has broken the seal;
8. for hygienic products where the consumer has broken the seal.

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

1. related to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
2. of which the delivery has begun with the express consent of the consumer before the withdrawal period has expired;
3. related to betting and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. The fact that these prices are tied to fluctuations and any prices mentioned are indicative will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

1. they are the result of legal regulations or provisions; or
2. the consumer has the authority to terminate the agreement on the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or those on the packaging;

The defect is wholly or partly the result of regulations that the government has or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The delivery address provided by the consumer to the company is considered the place of delivery.

Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the 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 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation for damages.

In the event of termination in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after termination.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. It will be clearly and comprehensibly communicated at the latest upon delivery that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the consumer. The consumer is responsible for any damage and costs incurred if the product does not arrive upon withdrawal.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that aims to regularly deliver products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of at most one month.

The consumer can terminate an agreement that has been entered into for a definite period and that aims to regularly deliver products (including electricity) or services at any time at the end of the specified duration, with due observance of the agreed termination rules and a notice period of at most one month.

The consumer can terminate the agreements mentioned in the preceding paragraphs:

at any time and is not restricted to termination at a specific time or during a specific period;

terminate at least in the same manner as they were entered into by him;

always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal

An agreement that has been entered into for a definite period and that aims to regularly deliver products (including electricity) or services may not be tacitly renewed or extended for a definite duration.

Contrary to the preceding paragraph, an agreement that has been entered into for a definite period and that aims to regularly deliver day, news, and weekly newspapers and magazines may be tacitly renewed for a specific duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.

An agreement that has been entered into for a definite period and that aims to regularly deliver products or services may only be tacitly renewed for an indefinite duration if the consumer can terminate at any time with a notice period of at most one month and a notice period of at most three months in the event the agreement aims to regularly deliver day, news, and weekly newspapers and magazines, but less than once a month.

An agreement with a limited duration for the regular delivery of day, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period has expired.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.

The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of the consumer's default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.

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

If the complaint cannot be resolved through mutual consultation, a dispute arises that is susceptible to dispute resolution.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer is domiciled abroad.