These are the terms and conditions of sale of Tess VS (“Tess VS” and these terms and conditions of sale: the “Conditions”). These conditions apply to all orders placed by you with Tess VS via its webshop (www.tessvs.com) or otherwise outside a physical retail space. By placing an order, you agree to the applicability of these Conditions on the agreement between you and Tess VS.
These Conditions set out the rights and obligations of the parties that apply to your ordering of products via the webshop of Tess VS. It is therefore important that you take the time to read these Conditions carefully.
1. Information about Tess VS
1.1 Tess VS is a sole proprietorship established in the Netherlands. The full contact information of Tess VS is as follows:
2921BJ Krimpen aan den IJssel
Phone: 0031 (0)6-49589279 (Monday to Friday 09h00 am to 06h00 pm)
VAT number: NL002329569B17
2. Your Details
2.1 To enable the smooth and timely execution of the agreement by Tess VS, it is important that you correctly and completely provide your name, your email address, your phone number and the delivery address as per the instructions. You are responsible for the accuracy of the details provided by you. You will find the full contact details of Tess VS under Article 1 of these Conditions.
2.2 Tess VS will use the details provided by you only in the manner indicated in the privacy statement, which is available here.
3. Offer and Agreement
3.1 When you buy a product via the webshop of Tess VS, you enter into an agreement with Tess VS. However, orders are subject to our acceptance and we may refuse to accept your order, including, but not limited to, when:
a. There is an error in the information you provided to us (e.g. you provided an incorrect shipping address);
b. There is an error on our website related to the merchandise you have ordered (e.g. an unusually low price);
c. The products that you have ordered are no longer available;
d. There are limitations in shipping to your region requiring additional information to complete a delivery.
Please contact Tess VS when you doubt the validity of an offer.
3.2 We specifically reserve the right to refuse to accept your order if we suspect that you intend to resell our merchandise.
3.3 The agreement starts when Tess VS has sent a shipping confirmation to the email address specified by you. This agreement will only apply to the merchandise that was in stock and shipped. Your initial order confirmation is not an acceptance of your order, only acknowledgement that we have received it.
3.4 We take reasonable steps to ensure that the prices and other information about merchandise on our website are accurate. Despite these efforts, it is possible that errors, including incorrect pricing, may display on our site. However, if we have accepted your order and you have received a shipment confirmation email, you will not be asked to pay more than the price indicated when you placed your order.
4. Price and Payment
4.1 The price quoted in the webshop when you place an order is the total price including all taxes and, if applicable, delivery charges.
4.2 You can pay for your order in the ways indicated in the webshop of Tess VS.
4.3 When we receive your order, you agree that we may place a “hold” on your card for the total value of your order. If the hold on your card has been authorized by your bank, we will process payment for the merchandise when your merchandise ships. You should note that placing a “hold” on your card does not constitute acceptance of your order. If you pay your order using iDEAL, Bancontact or SOFORT Banking, payment will be taken when you place your order.
5. Order Processing and Delivery
5.1 Tess VS aims to process and deliver your order as smoothly and quickly as possible. In the unlikely event that the relevant order is no longer available, Tess VS will inform you and refund the paid amount for the product in question.
5.2 Orders are shipped to the delivery address provided by you and via the means of delivery chosen by you. Please note that we are unable to change a delivery address once the order has been dispatched and we will not ship your package again if you were not able to collect your package.
5.3. Shipping and handling charges vary depending on your address, shipping speed, and the value of your order. You can find a list of our shipping and handling charges here.
5.4 If the delivery address is located outside the European Union, it is possible that the country in question charges additional levies, such as import tax. Tess VS has no influence or control over such levies and can therefore not provide you with further information. You must check yourself if the ordered merchandise can be exported and imported to the country in question and what the costs are, before placing such an order.
5.5 Ownership of the ordered merchandise passes to you as soon as Tess VS has received full payment.
5.6 Tess VS takes great care to ensure that merchandise is shipped accurately and in full. Should you unexpectedly receive incomplete or damaged merchandise, please contact Tess VS.
5.7 If you have selected Pickup In-Store at Checkout, you will be contacted via email when your order is ready to be collected in our shop. You have 14 days to collect your order after receiving your ready for pick up email. We will hold your uncollected parcel for 14 days. After 14 days, we will refund your purchase. Please note that it may take 7 business days for your uncollected parcel to reach our warehouse, plus 3-5 days for the card provider to credit your account. Proof of identity and order details must be shown upon collection.
6. Your Quality
6.1 Tess VS aims to display merchandise on its website as fully and accurately as possible. The nature of the offered (particularly handmade) merchandise may result in differences (such as color differences) between the display of products on the website and the product delivered to you.
6.2 All the merchandise in the Tess VS collection meet your expected quality standards. However, we expressly point out that these products are designed from an aesthetic point of view, and not with a view of optimum lifespan, practical usefulness or ease of use. Please consult the Tess VS Care Guide for more information.
6.3 The merchandise on offer in the webshop, such as garments and accessories, are naturally subject to wear. The lifespan of a product is partly dependent on the material of the product, the intensity of use and the level of care. The merchandise of Tess VS is made from the materials listed in the webshop. For optimum lifespan and quality, it is important, where necessary, to follow the washing instructions.
7. Right of Withdrawal
7.1 You have the right to terminate the agreement within 14 days after receipt of all the merchandise in your order, without giving any reasons for doing so. This is the so-called cooling-off period. You can use your right to terminate the agreement by sending us the completed return form, but this is not required. You can also inform us in any other unambiguous way that you wish to terminate the agreement (for example by email or post). More information about return options can be found on our website.
7.2 If you choose to terminate the agreement as far as a particular product is concerned, you are required to return this product as soon as possible, but no later than 14 days from the date on which you sent us written notification of withdrawal, to the address of Tess VS as stated in Article 1.1. The direct costs of the return shipment of the product to Tess VS are for your own account.
7.3 In case of termination within the meaning of Article 7.1, Tess VS refunds the amount paid for the product in question (excluding any paid delivery charges if the order is partially returned) immediately and in any case no later than 14 days after receipt of the notice that you wish to terminate the agreement, but not before Tess VS has received the returned product in question or you are able to prove that the product has indeed been returned. If you chose to partially return your order, we will not refund any paid shipping costs upon termination of the agreement. If, when placing your order, you chose a different delivery method than the cheapest standard delivery used by Tess VS, we will not refund any extra costs resulting from this upon termination of the agreement.
7.4 The termination right within the meaning of Article 7.1 is meant to determine if the merchandise is suitable and if you indeed want the product. It is permissible to test the product as far as necessary to verify whether or not you actually want the product, just like you would do in a retail space. Use of the product, such as wearing the product in a public space or any other actual use, affects your termination right as set out in more detail in Article 7.5.
7.5 When you return a product that you have damaged, has been washed, the labels have been removed, a product is incomplete or a product contains other signs of wear which show that you have used the product more extensively than permitted under Article 7.4, you are liable towards Tess VS for the decrease in the value of the product caused by you. Tess VS will deduct this decrease in value from the total amount to be refunded to you.
7.6 The termination right within the meaning of Article 7.1 does not apply to merchandise that has been especially tailored to your personal requirements, is not suitable for return due to health and hygiene reasons (swimwear, intimates and earrings) and where the seal has been broken after delivery (the product is not in its original state).
7.7 International Returns cannot be over €1000, if so please ship these separately as Tess VS is not responsible to pay duties to receive the goods. If there is a charge it will be deducted from your final refund.
8. Changes to these Conditions
8.1 If Tess VS decides to change these Conditions, it will publish the changed Conditions on its website. You are advised to check on a regular basis if the Conditions have changed. Any changes do not apply to orders that were placed before the date of change. These Conditions were last changed on June 17, 2020.
Tess VS aims to deliver the highest possible quality regarding its products and services. Should you have any complaints, you can direct them to us by phone, post or email to:
2921BJ Krimpen aan den IJssel
Phone: 0031 (0)6-49589279 (Monday to Friday 09h00 am to 06h00 pm)
9.2 If you have gone through the complaint procedure, but you want your complaint referred to another authority, you can contact the Dispute Commission via the European ODR Platform: http://ec.europa.eu/consumers/odr/.
If any clause or part of a clause is invalid, the remaining clauses of this agreement will nonetheless remain in effect and the invalid clause will have to be interpreted as, or converted into, a valid provision having the same purport to every extent possible.
11. Applicable Law
10.1 Dutch law applies to these Conditions and to the agreements between you and Tess VS, with the exclusion of the Vienna Sales Convention. This choice of law shall not affect any further protection that you have based on the mandatory provisions of the law that would apply without this provision.