Terms of Service

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-Off Period: The period during which the Consumer may exercise their right to withdraw from the agreement.

Consumer: Any natural person acting for purposes outside their trade, business, craft, or profession who enters into a distance contract with the Merchant.

Day: A calendar day.

Ongoing Transaction: A distance contract relating to a series of products and/or services for which the obligation to supply and/or purchase is spread over time.

Durable Medium: Any instrument that enables the Consumer or the Merchant to store information addressed personally to them in a way that allows future reference and unchanged reproduction of the stored information.

Right of Withdrawal: The Consumer's right to withdraw from a distance contract during the Cooling-Off Period.

Merchant: The natural or legal person offering products and/or services to Consumers at a distance.

Distance Contract: A contract concluded under an organized system for distance sales of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded.

Means of Distance Communication: Any method that can be used to conclude a contract without the Consumer and the Merchant being physically present together at the same time.

Terms and Conditions: These General Terms and Conditions of the Merchant.

Article 2 – Merchant Information

Business Name: M&S Commerce Group
Address: Dresdenweg 89, 2692 AA s'-Gravenzande, The Netherlands

Feel Senza is operated under the trade name M&S Commerce Group

Chamber of Commerce (KvK): 42093731

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the Merchant and to every distance contract and order concluded between the Merchant and the Consumer.

Before a distance contract is concluded, the Consumer will be provided with the text of these Terms and Conditions. If this is not reasonably possible, the Merchant will indicate, prior to the conclusion of the contract, where the Terms and Conditions may be reviewed and that they will be sent free of charge upon the Consumer's request.

If the contract is concluded electronically, the text of these Terms and Conditions may, notwithstanding the previous paragraph, 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 Merchant will indicate where the Terms and Conditions can be accessed electronically and that they will be provided free of charge upon request.

If specific product or service terms apply in addition to these General Terms and Conditions, the provisions above apply accordingly. In the event of any conflict between provisions, the Consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these Terms and Conditions are found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

Situations not covered by these Terms and Conditions shall be interpreted in accordance with the spirit of these Terms and Conditions.

Any ambiguity regarding the interpretation or content of one or more provisions shall likewise be interpreted in accordance with the spirit of these Terms and Conditions.

Article 4 – The Offer

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

All offers are non-binding. The Merchant reserves the right to amend or modify any offer at any time.

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 images are used, they are intended to provide an accurate representation of the products and/or services offered. Obvious mistakes or typographical errors are not binding on the Merchant.

All images, illustrations, and product specifications are for informational purposes only and cannot be grounds for claims or cancellation of the agreement.

Product images are intended to accurately represent the products offered. However, the Merchant cannot guarantee that the colors displayed on a customer's device exactly match the actual product colors.

Each offer includes sufficient information to clearly inform the Consumer of the rights and obligations associated with accepting the offer, including but not limited to:

  • The purchase price, excluding customs duties and import VAT where applicable. These additional charges are the responsibility of the Customer. If applicable, the shipping carrier or courier may collect import VAT and customs duties from the recipient upon delivery in accordance with local import regulations.

  • Any applicable shipping charges.

  • The manner in which the agreement will be concluded and the steps required to complete the purchase.

  • Whether the Right of Withdrawal applies.

  • Accepted payment methods.

  • Delivery methods and fulfillment procedures.

  • The period during which the offer remains valid or the period during which the Merchant guarantees the stated price.

  • Any additional communication costs if they differ from the standard rate charged by the Consumer's telecommunications provider.

  • Whether the contract will be archived after conclusion and, if so, how the Consumer may access it.

  • How the Consumer may review and correct the information provided before placing the order.

  • Any available languages in which the agreement may be concluded.

  • Any applicable codes of conduct to which the Merchant adheres and how the Consumer may access them electronically.

  • The minimum duration of the distance contract where applicable.

  • Where relevant, available sizes, colors, material types, and product variations.

Article 5 – The Agreement

Subject to the provisions of Section 4, the agreement is concluded at the moment the Consumer accepts the offer and complies with the conditions set forth therein.

If the Consumer accepts the offer electronically, the Merchant shall promptly confirm receipt of the acceptance electronically. Until such confirmation has been provided, the Consumer may cancel the agreement.

If the agreement is concluded electronically, the Merchant shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure online environment. Where electronic payment is possible, the Merchant shall implement appropriate security measures.

Within the limits of applicable law, the Merchant may verify whether the Consumer is able to meet their payment obligations, as well as any facts and circumstances relevant to responsibly entering into a distance contract. If, based on this investigation, the Merchant has reasonable grounds not to proceed with the agreement, the Merchant reserves the right to reject an order or request or to attach special conditions to its execution.

The Merchant shall provide the Consumer, in writing or on another durable medium, with the following information at the latest upon delivery of the product or service:

  • The business address where the Consumer may submit complaints.

  • The conditions and procedure for exercising the Right of Withdrawal, or a clear statement if the Right of Withdrawal does not apply.

  • Information regarding warranties and available after-sales services.

  • The information referred to in Article 4 of these Terms and Conditions, unless already provided before the agreement was concluded.

  • The conditions for terminating the agreement where the contract has a duration exceeding one year or is of indefinite duration.

In the case of an ongoing transaction, the provisions of the previous paragraph apply only to the first delivery.

Every agreement is concluded subject to the availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the Consumer has the right to withdraw from the agreement without stating any reason within 14 days.

The withdrawal period begins on the day after the Consumer, or a third party designated by the Consumer and communicated to the Merchant in advance, receives the product.

During the withdrawal period, the Consumer shall handle the product and its packaging with reasonable care. The product may only be unpacked or used to the extent necessary to determine its nature, characteristics, and functionality. If the Consumer exercises the Right of Withdrawal, the product must be returned to the Merchant together with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the Merchant's reasonable return instructions.

To exercise the Right of Withdrawal, the Consumer must notify the Merchant within 14 days of receiving the product by written notice or email. After providing notice, the Consumer must return the product within 14 days. The Consumer must be able to provide proof that the goods were returned on time, such as a shipping receipt or tracking confirmation.

If the Consumer fails to notify the Merchant within the withdrawal period or fails to return the product within the required timeframe, the purchase shall become final.

Article 7 – Costs in the Event of Withdrawal

If the Consumer exercises the Right of Withdrawal, the Consumer is responsible for the direct costs of returning the product.

If the Consumer has already made a payment, the Merchant shall refund the amount as soon as reasonably possible, and no later than 14 days after receiving the notice of withdrawal. Refunds are subject to the Merchant having received the returned product or receiving satisfactory proof that the product has been returned.

Article 8 – Exclusions from the Right of Withdrawal

The Merchant may exclude the Right of Withdrawal for the products described below, provided that this exclusion has been clearly stated in the offer before the agreement is concluded.

The Right of Withdrawal may be excluded for products:

  • Manufactured according to the Consumer's specifications.

  • Clearly personalized in nature.

  • That cannot be returned due to their nature.

  • That are liable to deteriorate or expire rapidly.

  • Whose price depends on fluctuations in the financial market beyond the Merchant's control.

  • Newspapers and magazines supplied individually.

  • Audio or video recordings and computer software where the Consumer has broken the seal.

  • Sealed hygiene products where the seal has been broken after delivery.

The Right of Withdrawal may also be excluded for services:

  • Relating to accommodation, transportation, catering, or leisure activities provided on a specific date or during a specific period.

  • That have begun with the Consumer's express consent before the expiration of the withdrawal period.

  • Relating to betting, gaming, or lottery services.

Article 9 – Pricing

The prices of the products and/or services offered will not increase during the validity period stated in the offer, except for price changes resulting from changes in VAT rates or other legally required taxes.

Notwithstanding the previous paragraph, the Merchant may offer products or services with variable prices where such prices are subject to fluctuations in the financial market beyond the Merchant's control. Any such dependency on market fluctuations and the fact that stated prices are indicative will be clearly specified in the offer.

Price increases within three months after the conclusion of the agreement are permitted only if they result from statutory regulations or government measures.

Price increases after three months from the conclusion of the agreement are permitted only if:

  • They result from statutory regulations or government measures; or

  • The Consumer has the right to terminate the agreement as of the date the price increase takes effect.

In accordance with applicable tax legislation, products may be shipped from outside the European Union. Where applicable, import VAT, customs duties, or other import charges may be collected by the postal or courier service from the recipient upon delivery. The Merchant does not charge import VAT on such shipments.

All prices are subject to typographical and printing errors. The Merchant accepts no liability for the consequences of such errors and is not obligated to supply products at an incorrectly displayed price.

Article 10 – Conformity and Warranty

The Merchant guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, reasonable standards of quality and usability, and all applicable legal requirements in force at the time the agreement is concluded. Where agreed, the Merchant also guarantees that the product is suitable for purposes other than its normal intended use.

Any warranty provided by the Merchant, manufacturer, or importer does not affect the Consumer's statutory rights under applicable consumer protection laws.

Any defects or incorrectly delivered products must be reported to the Merchant in writing within 14 days after delivery. Returned products must be sent in their original packaging and, where reasonably possible, in unused and undamaged condition.

The Merchant's warranty period corresponds to the manufacturer's warranty period. However, the Merchant is never responsible for the ultimate suitability of products for any specific purpose intended 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, modified, or altered the product, or has had it repaired or modified by a third party.

  • The product has been subjected to abnormal conditions, misuse, negligence, improper handling, or use contrary to the Merchant's instructions or the instructions provided with the product.

  • The defect results wholly or partly from government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

The Merchant shall exercise the utmost care when receiving and fulfilling product orders.

Subject to the provisions of Article 4 of these Terms and Conditions, the Merchant shall fulfill accepted orders as quickly as possible and no later than 30 days, unless a longer delivery period has been agreed upon with the Consumer.

If delivery is delayed or an order cannot be fulfilled, whether in whole or in part, the Consumer shall be informed no later than 30 days after placing the order. In such cases, the Consumer has the right to cancel the agreement free of charge and is entitled to a refund of any amounts paid.

If the agreement is canceled in accordance with the previous paragraph, the Merchant shall refund all amounts paid by the Consumer as soon as reasonably possible and no later than 14 days after cancellation.

If delivery of the ordered product proves impossible, the Merchant reserves the right to supply a comparable replacement product. The Consumer will be clearly informed of this no later than the time of delivery. The Right of Withdrawal remains applicable to replacement products. The Merchant shall bear the cost of returning any replacement product.

The risk of loss or damage to products remains with the Merchant until the products have been delivered to the Consumer or to a representative designated by the Consumer, unless otherwise expressly agreed.

Article 12 – Ongoing Agreements: Duration, Termination, and Renewal

Termination

The Consumer may terminate an agreement entered into for an indefinite period relating to the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period not exceeding one month.

The Consumer may terminate a fixed-term agreement relating to the regular supply of products (including electricity) or services at the end of the agreed term, subject to the agreed termination rules and a notice period not exceeding one month.

The Consumer may:

  • Terminate the agreement at any time without being restricted to a specific date or period.

  • Terminate the agreement using the same method by which it was entered into.

  • Always terminate the agreement subject to the same notice period that applies to the Merchant.

Renewal

A fixed-term agreement for the regular supply of products or services may not be automatically renewed or extended for another fixed term.

By way of exception, a fixed-term agreement for the regular delivery of newspapers, magazines, or similar publications may be automatically renewed for a maximum period of three months, provided that the Consumer may terminate the renewed agreement at the end of the renewal period with a notice period not exceeding one month.

A fixed-term agreement for the regular supply of products or services may only be automatically renewed for an indefinite period if the Consumer may terminate it at any time with a notice period not exceeding one month, or not exceeding three months where the agreement relates to publications delivered less than once per month.

A fixed-term introductory or trial subscription for newspapers or magazines shall not be automatically renewed and shall terminate automatically at the end of the introductory period.

Duration

If an agreement has a duration exceeding one year, the Consumer may terminate the agreement at any time after one year with a notice period not exceeding one month, unless fairness and reasonableness require otherwise.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the Consumer must be paid within 7 business days after the expiration of the withdrawal period referred to in Article 6. In the case of a service agreement, this period begins after the Consumer has received confirmation of the agreement.

The Consumer is required to notify the Merchant without delay of any inaccuracies in the payment information provided.

If the Consumer fails to make payment, the Merchant is entitled, subject to applicable law, to charge reasonable costs that have been communicated to the Consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the Merchant within 7 days after the Consumer discovers the issue. Complaints must be submitted fully and clearly described.

Complaints submitted to the Merchant will be answered within 14 days of receipt. If a complaint requires a longer processing time, the Merchant will acknowledge receipt within 14 days and indicate when the Consumer can expect a substantive response.

If a complaint cannot be resolved by mutual agreement, the dispute shall be subject to the applicable dispute resolution procedures.

Submitting a complaint does not suspend the Merchant's obligations unless the Merchant confirms otherwise in writing.

If the Merchant determines that a complaint is justified, the Merchant will, at its discretion, repair or replace the affected product free of charge.

Article 15 – Governing Law

These Terms and Conditions and all agreements between the Merchant and the Consumer shall be governed exclusively by the laws of the Netherlands, regardless of the Consumer's country of residence.