Terms and Conditions

• Withdrawal period: the period during which the consumer may exercise his right of withdrawal/cancellation;
• A consumer is an individual who, not in a professional or business capacity, engages in a remote agreement with America Today.
• Day: a calendar day;
• Right of Withdrawal/Cancellation: the consumer's ability to withdraw from the agreement within the withdrawal period as stated in article 6;
• America Today refers to the legal entity known as AT B.V., which provides products to consumers remotely through its online store.
• Agreement: refers to the remote agreement established between the consumer and America Today through the online store.
• The term "Model Withdrawal Form" is used to denote the standard withdrawal form of Europe, which is included in Appendix I of these terms and conditions.
• Webshop: the website www.america-today.com

Name of the company: AT B.V.

Within the context of these terms and conditions, the aforementioned company is referred to as 'America Today'.

Business address:
Diemermere 1
1112 TA Diemen

Phone number: +31(0)20-5602601
Availability: Monday to Friday from 09.00 to 17.00
E-mail address: service@america-today.com

Chamber of Commerce number: 34182717
VAT number: NL 8117.89.755.B01

1. Every offer presented by America Today and every agreement established between America Today and the Consumer are governed by these terms and conditions. Before the conclusion of the agreement, the text of these terms and conditions will be made available to the Consumer. In the event that this is not reasonably possible, America Today will, prior to the conclusion of the agreement, describe the procedure for consulting the terms and conditions at America Today. In addition, America Today will ensure that these terms and conditions are sent to the consumer promptly and free of charge upon request.
2. If the agreement is concluded by electronic means, notwithstanding the previous paragraph, the text of these terms and conditions may be made available to the consumer by electronic means prior to the conclusion of the agreement, in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the place where the terms and conditions can be consulted electronically must be indicated before the conclusion of the agreement and the terms and conditions must be sent electronically or by other means free of charge at the request of the consumer.
3. If specific product conditions are in effect in addition to these terms and conditions, the stipulations of paragraphs 2 and 3 shall apply correspondingly. In case of any conflicting conditions, the consumer has the right to invoke the provision that is most advantageous to them.
4. America Today reserves the right to unilaterally change these terms and conditions. Any unilateral changes will only apply to future orders. The most recent version of these terms and conditions can always be found on the web shop. The version of the Terms and Conditions applicable to an order is the one indicated as applicable on the web shop at the time the consumer initiates the order.

1. The products offered in the web shop constitute an offer to the consumer based on the information provided in metioned web shop.
2. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer. All offers are subject to the condition that the goods will only be delivered while stocks last.
3. The offer contains a full and accurate description of the products on offer to enable the consumer to make a proper assessment of the offer. When America Today utilizes images, they accurately depict the products being offered. Nonetheless, America Today cannot assure that the color(s) of the products displayed will exactly match the actual color(s) of the products.
4. Obvious mistakes or obvious errors in the offer are not binding on America Today.

1. The agreement becomes effective when the consumer accepts the offer and meets the conditions specified, subject to the stipulations of paragraph 4 of this article.
2. If the Consumer accepts the offer electronically, America Today will promptly confirm receipt of the offer's acceptance through electronic means. The Consumer has the right to terminate the agreement as long as America Today has not confirmed the receipt of the acceptance.
3. If the agreement is concluded electronically, America Today will adopt appropriate technical and organisational measures to protect the electronic transmission of data and ensure a secure web environment. In case the Consumer can pay electronically, then America Today will take the appropriate security measures.
4. If the Consumer has decided to pay via Klarna, Klarna will perform a credit check. In such a case, the agreement is concluded under the condition that the credit check does not give rise to any objections. Should the credit check unexpectedly produce a negative result, the Consumer will be informed of this after placing the order. In this case, the Consumer will be given the opportunity to place another order using a different method of payment.
5. America Today has the right to investigate, within the framework of the law, whether the Consumer can meet his payment obligations, as well as all the facts and factors that are relevant for a responsible conclusion of the agreement. America Today has the right to refuse an order or request or to attach special conditions to its execution if, as a result of this investigation, it has good reasons for not concluding the agreement.
6. America Today will provide the Consumer, at the latest at the time of delivery of the product, with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
• the conditions under which and how the consumer may exercise the right of withdrawal/cancellation, or a clear indication of the exclusion of the right of withdrawal/cancellation;
• information on guarantees and after-sales services;
• the price, including all taxes of the product, the delivery costs, if any, and the method of payment, delivery or performance of the agreement;
• if the consumer has a right of withdrawal or cancellation, the model withdrawal form applies.

1. The Consumer may dissolve the agreement without giving reasons during a withdrawal period of 30 days. America Today has the right to inquire about the consumer's reason for withdrawal or cancellation. However, it's not mandatory for the consumer to provide their reason(s).
2. The withdrawal period referred to in paragraph 1 of this article begins on the day after the consumer or a third party designated by the Consumer, who is not the carrier, has received the goods, or
• if the Consumer has ordered several products in the same order: the day on which the consumer or a third party designated by the consumer has received the last product. America Today may refuse an order for several products with different delivery times, provided that it has clearly informed the consumer of this before the order is placed as he/she would be allowed to do at a store.
• if the delivery of a product consists of several shipments or parts: the day on which the Consumer or a third party designated by him/her has received the last shipment or part;

1. During the withdrawal period, the consumer must treat the product and its packaging with care. The customer is permitted to unpack or use the item only to the degree required to assess the item's type, features, and functionality. The basic principle is that the consumer can only handle and inspect the product as they would in a store.
2. The consumer shall only be responsible for any deterioration of the goods resulting from handling the goods in a manner other than that permitted in paragraph 1 of this article.
3. The consumer's right to withdraw is not applicable for underwear items if the seal of the packaging has been broken.

1. If the Consumer wishes to withdraw from the agreement, he/she must notify America Today within the withdrawal period referred to in article 6. The consumer can use the return slip provided for this purpose and return this completed return slip together with the unwanted products to America Today within 30 days of receipt of the entire order.
2. The consumer may also notify America Today that he/she wishes to exercise his/her statutory right of withdrawal within the withdrawal period referred to in article 6 of these terms and conditions, for example by using the model withdrawal form (see appendix) or by any other unambiguous means (for example by post or e-mail). The consumer should return the product or give it to an authorized representative of America Today as soon as possible, but no later than 14 days from the day following the notification mentioned in this paragraph 2. Regardless, the consumer will be considered to have met the return deadline if the product is returned before the withdrawal period expires.
3. The consumer returns the product with all delivered accessories, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by America Today.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal/cancellation rests with the consumer.
5. Part of the cost of returning the goods to America Today will be borne by the consumer if the consumer exercises the right of withdrawal/cancellation. The Consumer will contribute EUR 1.95 to the cost of the return if he/she returns the products via a carrier designated by America Today. If the Consumer chooses to return the Products by any other method, the cost of returning the Products by this alternative method will be borne entirely by the Consumer and America Today will not charge him/her the 1.95 EUR.

1. If America Today permits the consumer to communicate their withdrawal or cancellation electronically, it will promptly send a confirmation acknowledging the receipt of this communication.
2. America Today will refund all payments made by the Consumer, including any delivery charges (excluding any additional charges resulting from the choice of a delivery method other than the most economical standard delivery offered by America Today) made by America Today for the returned product, without delay, but within 14 days of the date on which the Consumer notifies America Today of their withdrawal/cancellation. However, if the Consumer chooses to keep certain products and therefore returns only part of the order, the delivery costs will not be refunded. America Today may postpone the refund until it has received the product back or until the consumer provides evidence of having sent back the product, whichever comes first, unless America Today offers to collect the product itself.
3. America Today will use the same method of payment used by the Consumer for the refund, unless the Consumer agrees to a different method. The refund is free of charge to the consumer.
4. If the Consumer sends back items to America Today and includes items that are not owned by America Today with the returned goods, America Today will keep these items in storage for a duration of 6 weeks from the date of receipt. The Consumer may collect the incorrectly returned goods from America Today during this period. At the end of these 6 weeks, America Today is entitled to donate the goods to charity.

1. During the period of validity of the offer, the prices of the products on offer will not be increased, except for price changes due to changes in VAT rates.
2. The prices of products or services indicated in the offer are inclusive of VAT.

1. If a product does not comply with the agreement, the consumer will be refunded the purchase price (including delivery costs if the entire order is concerned) and any return costs. The consumer should make this known as soon as possible using the return slip provided or by contacting Customer Service. If the product is still available, the consumer can also choose to receive a replacement product without (additional) shipping costs, with the help of Customer Service.
2. Any additional warranty issued by America Today, its supplier, manufacturer or importer will never limit the legal rights and claims that the consumer may have against America Today under the agreement if America Today has failed to perform its part of the agreement.
3. Additional Warranty means any undertaking by America Today, its supplier, manufacturer or importer which gives the consumer certain rights or claims over and above what it is legally obliged to do in the event that it has failed to perform its part of the agreement.
4. However, America Today is not liable for defects that arise after delivery of the products as a result of improper use or lack of care, or that are the result of modifications made to the product by the consumer or a third party. America Today is also not liable for any damage resulting from these defects.

1. America Today will take the greatest possible care in the acceptance and execution of orders for products.
2. The place of delivery is the address communicated by the Consumer to America Today.
3. With due observance of that stated in article 4 of these terms and conditions, America Today will execute accepted orders promptly, but at the latest within 7 days, unless another delivery period has been agreed. If there is a delay in delivery or if an order cannot be executed or only partially executed, the Consumer will be informed of this no later than 14 days after the order has been placed. In this case, the Consumer will have the right to cancel the agreement free of charge for the part that cannot be executed.
4. In the event of dissolution in accordance with the previous paragraph, America Today will reimburse the amount paid by the consumer without delay and at the latest within 14 days of dissolution.
5. If the delivery of an ordered product turns out to be impossible, America Today will only be obliged to deduct the cost of the product in question from the total cost or to refund the product.
6. The risk of damage and/or loss of products remains with America Today until the moment of delivery to the consumer or a representative designated in advance and notified to America Today, unless expressly agreed otherwise.

1. The Consumer will be required to make payments to America Today in accordance with the methods indicated in the ordering procedure on the web shop.
2. America Today reserves the right to accept only certain types of payment or to refuse a transaction if address or credit checks have produced negative results.
3. Any amounts owed by the consumer after delivery of the products must be paid within 30 days of the start of the refund period referred to in article 6.
4. The consumer is obliged to notify America Today immediately of any inaccuracies in the payment details provided or mentioned.
5. If the Consumer fails to meet his or her payment obligation(s) on time, after America Today has notified the Consumer of the late payment and after America Today has granted the Consumer a 14-day period to meet his or her payment obligation(s), and after the 14-day period has expired without payment, the Consumer will owe statutory interest on the outstanding amount and America Today will be entitled to charge the Consumer for the extrajudicial collection costs it has incurred. These collection costs shall not exceed the maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. America Today may deviate from these amounts and percentages in favour of the consumer.

1. America Today has a widely disseminated complaints procedure and handles complaints in accordance with this procedure
2. Complaints about the performance of the agreement must be submitted to America Today within a reasonable period of time after the consumer has discovered the defects.
3. Complaints submitted to America Today will be responded to within a period of 14 days from the date of receipt. If a complaint is likely to take longer to resolve, America Today will respond within the 14 day period with an acknowledgement of receipt and an estimate of when the consumer can expect a more detailed response.
4. A complaint about an America Today product can also be made using a complaint form on the consumer page of the web shop.
5. The consumer must give America Today at least 4 weeks to resolve the complaint by mutual agreement.
6. Besides, it is also possible for consumers in the EU to submit complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If the consumer's complaint is not already being dealt with elsewhere, the consumer is free to submit their complaint via the European Union platform.

1. Agreements between America Today and the consumer to which these terms and conditions apply are exclusively governed by Dutch law.
2. All disputes arising from the agreement may be brought exclusively before the competent court in Amsterdam, unless the Consumer chooses to have the dispute settled by the competent court within a period of thirty days after America Today has invoked this clause against the Consumer in writing.

1. Additional provisions or provisions that deviate from these terms and conditions cannot be to the detriment of the Consumer and must be in writing or recorded in such a way that the Consumer can store them in an accessible manner on a durable data carrier.
2. Amendments to these terms and conditions shall only be effective after they have been published in an appropriate manner, provided that in the case of amendments applicable during the term of an offer, the provision that is most favourable to the consumer shall prevail.
3. Should any part of these terms and conditions be declared invalid or null and void, this shall not affect the validity of the remaining parts of the terms and conditions, which shall therefore remain in full force and effect.