Terms of service

Article 1 – Definitions

ENCHY, established in Den Helder and registered with the Chamber of Commerce under number 99811561, is referred to as “the Seller.”
The counterparty of the Seller is referred to as “the Buyer.”
The Seller and Buyer together are referred to as “the Parties.”
The Agreement refers to the purchase agreement between the Parties.

Article 2 – Applicability of Terms and Conditions

These Terms and Conditions apply to all offers, quotations, agreements, and deliveries of goods or services by or on behalf of ENCHY.
Deviations are only valid if expressly agreed upon in writing by both Parties.

Article 3 – Payment

  • All payments must be made in full at checkout.

  • In some cases, a deposit may be required for reservations; confirmation will be sent to the Buyer.

  • If payment is not made on time, the Buyer is in default and ENCHY may suspend its obligations.

  • If default continues, ENCHY may initiate collection procedures, with costs charged to the Buyer in accordance with the Decree on Compensation for Extrajudicial Collection Costs.

  • In cases of bankruptcy, seizure, or liquidation, all ENCHY claims become immediately due.

  • Refusal to cooperate with delivery does not release the Buyer from payment obligations.

Article 4 – Offers, Quotations & Pricing

  • All offers are non-binding unless an acceptance period is specified.

  • Delivery times stated in quotations are indicative and do not entitle the Buyer to cancellation or compensation unless agreed in writing.

  • Offers do not automatically apply to repeat orders.

  • Prices include VAT and applicable government levies unless stated otherwise.

Article 5 – Right of Withdrawal

  • Consumers have the right to cancel their purchase within 14 days of receiving the order, without providing a reason (Right of Withdrawal).

  • This right does not apply to:

    • Custom or personalized products,

    • Products with a limited shelf life, or

    • Hygiene products (such as perfume) once opened or unsealed.

During this period, the Buyer must handle the product and packaging with care and only use it to the extent necessary to determine if they wish to keep it.

For more information, please refer to our Return Policy.

Article 6 – Modification of the Agreement

If, during execution, it becomes clear that the Agreement must be changed or supplemented for proper completion:

  • Both Parties will consult and amend the Agreement accordingly.

  • ENCHY will inform the Buyer in writing of any financial or qualitative effects.

  • If a fixed price was agreed, ENCHY will indicate whether the change affects this price.

Article 7 – Delivery & Transfer of Risk

Once the goods are received by the Buyer, all risk transfers from ENCHY to the Buyer.

Article 8 – Inspection & Complaints

  • The Buyer must inspect delivered goods immediately upon receipt.

  • Complaints about damages, shortages, or defects must be submitted in writing within 10 working days after delivery.

  • If justified, ENCHY may repair, replace, or credit the goods.

  • Minor or industry-standard deviations are not grounds for complaint.

  • Complaints regarding one item do not affect the rest of the order.

Article 9 – Samples & Models

Samples or models are provided for indication purposes only, unless explicitly agreed otherwise in writing.

Article 10 – Delivery

  • Delivery is made ex works/store/warehouse unless otherwise agreed.

  • The Buyer must accept delivery when goods are made available.

  • Failure to do so may result in storage at the Buyer’s expense and risk.

  • Incorrect or incomplete address details are the Buyer’s responsibility and may result in delays or losses.

Article 11 – Force Majeure

ENCHY is not liable for failure or delay due to force majeure events beyond reasonable control, including illness, natural disasters, war, strikes, supplier issues, or government restrictions.

If such circumstances last longer than 30 days, either Party may partially or fully dissolve the Agreement in writing.

Article 12 – Transfer of Rights

Rights under this Agreement cannot be transferred without written consent from the other Party.

Article 13 – Retention of Title

  • Goods remain the property of ENCHY until full payment is received.

  • The Buyer may not pledge, sell, or otherwise dispose of unpaid goods.

  • In case of non-payment, ENCHY may reclaim the goods.

Article 14 – Liability

  • ENCHY liability is limited to the amount paid by its liability insurance plus any deductible.

  • This limitation does not apply to intent or deliberate recklessness by ENCHY or its management.

Article 15 – Complaints

  • Complaints must be reported promptly and in detail to ENCHY.

  • If valid, ENCHY will repair or replace the goods as appropriate.

Article 16 – Warranty

  • ENCHY guarantees that its products meet the agreed standards and are free from defects for two years after delivery.

  • This warranty does not apply in cases of improper use, modification, or use beyond the intended purpose.

  • If a third-party product is supplied, its manufacturer’s warranty applies.

Article 17 – Intellectual Property

ENCHY retains all intellectual property rights including copyrights, trademarks, designs, and product visuals.
The Buyer may not copy, share, or use any of ENCHY’s intellectual property without written consent.

Article 18 – Amendments

ENCHY reserves the right to amend these Terms and Conditions at any time.

  • Minor changes may occur without prior notice.

  • Significant updates will be communicated where possible.

  • Consumers may terminate the Agreement if substantial changes are made.

Article 19 – Applicable Law & Jurisdiction

  • All agreements are governed exclusively by Dutch law.

  • Any disputes will be submitted to the competent court in the district where ENCHY is established.

  • The Vienna Sales Convention (CISG) does not apply.

  • If any provision is deemed invalid, all remaining provisions remain fully effective.