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Terms of service

TERMS AND CONDITIONS

Pauw B.V.

Version 2026

 

ARTICLE 1 – DEFINITIONS

 

1.1 In these terms and conditions the following definitions apply:

a. Pauw: the private limited liability company Pauw B.V., having its statutory seat in

Amsterdam, with its registered office at Europaplein 37, 1078 GV Amsterdam, the

Netherlands, registered in the Trade Register of the Chamber of Commerce under number 33158694.

b. Consumer: the natural person acting for purposes which are outside his trade,

business or profession.

c. Agreement: any agreement between Pauw and the Consumer relating to the sale and

delivery of Products, regardless of whether it is concluded in a physical store or through

a system for distance selling.

d. Product: any movable property within the meaning of Article 3:2 of the Dutch Civil

Code, as well as digital content offered or delivered by Pauw to the Consumer.

e. Digital content: data produced and delivered in digital form, including – but not

limited to – digital gift cards.

f. Distance sale: an Agreement concluded within the framework of an organised system

for distance selling without the simultaneous physical presence of Pauw and the

Consumer, whereby exclusive use is made of one or more means of distance

communication.

g. Physical store: any retail location operated by Pauw where Products are sold directly to Consumers.

h. Delivery: the moment at which the Product is placed in the actual possession of the

Consumer or of a third party designated by the Consumer.

i. DAP: Delivered At Place in accordance with the most recent version of the Incoterms

as established by the International Chamber of Commerce.

1.2 Where these terms and conditions refer to “in writing”, this shall also include

electronic communication, including e-mail.

1.3 References to statutory provisions always refer to the applicable version thereof.

 

ARTICLE 2 – IDENTITY OF THE TRADER

 

2.1

Pauw B.V.

Europaplein 37

1078 GV Amsterdam

The Netherlands

Chamber of Commerce number: 33158694

VAT number: NL005164278B01

Email: info@pauw.com

Website: www.pauw.com

2.2 Pauw can be contacted via the above e-mail address and during the regular opening

hours of its physical stores.

ARTICLE 3 – APPLICABILITY

3.1 These terms and conditions apply to all offers made by Pauw and to every

Agreement between Pauw and the Consumer.

3.2 Deviations from these terms and conditions are only valid if expressly confirmed in

writing by Pauw.

3.3 The applicability of any terms and conditions of the Consumer is expressly rejected.

3.4 If any provision of these terms and conditions is void or annulled, the remaining

provisions remain in full force and effect.

3.5 All Agreements are governed exclusively by Dutch law.

3.6 Disputes arising from or relating to the Agreement shall be submitted to the

competent court in Amsterdam, without prejudice to mandatory consumer protection

provisions applicable in the Consumer’s country of residence within the European Union.

 

ARTICLE 4 – THE OFFER

 

4.1 All offers made by Pauw are non-binding unless explicitly stated otherwise.

4.2 Obvious mistakes or manifest errors in the offer do not bind Pauw.

4.3 Images, colours, dimensions and specifications of Products are indicative only.4.4 Pauw is entitled to amend or withdraw an offer as long as no Agreement has been concluded.

 

ARTICLE 5 – CONCLUSION OF THE AGREEMENT

 

5.1 In a physical store, the Agreement is concluded at the moment the Consumer pays

for the Product.

5.2 In the case of distance selling, the Agreement is concluded when the Consumer

accepts the offer and Pauw confirms the order electronically.

5.3 Pauw is entitled to refuse an order or impose additional conditions if there are

objective grounds for doing so.

5.4 If Pauw refuses an order after payment has been made, the amount paid will be

refunded without undue delay.

 

ARTICLE 6 – PRICE AND PAYMENT

 

6.1 All prices stated by Pauw are expressed in euros and include VAT unless stated

otherwise.

6.2 Additional costs for delivery within the European Union, including shipping costs, are

stated before the Agreement is concluded. Deliveries outside the European Union may

be subject to import duties, local taxes, import VAT, customs clearance fees and other

charges imposed by authorities in the country of destination.

6.3 Full payment must be made prior to delivery or handover of the Product.

6.4 Pauw is not obliged to deliver until payment has been received in full.

6.5 In the event of an unjustified chargeback or payment reversal, the full amount

becomes immediately payable.

6.6 The Consumer may not suspend payment obligations or set off payments except

where mandatory law provides otherwise.

 

ARTICLE 7 – RETENTION OF TITLE

 

7.1 All Products delivered by Pauw remain the property of Pauw until the Consumer has

fully fulfilled all obligations arising from the Agreement, including the purchase price,

any shipping costs and additional charges.

7.2 If a payment by the Consumer is reversed, annulled, charged back or otherwise

proves invalid, the retention of title shall automatically revive and the delivery shall be deemed not to have been fully paid.

7.3 As long as the retention of title continues, the Consumer is not entitled to transfer

ownership of, pledge or otherwise encumber the Product.

7.4 The Consumer undertakes to store the Product with due care for as long as the

retention of title applies.

7.5 If Pauw wishes to exercise its retention of title, the Consumer shall cooperate upon

first request in returning the Product, without prejudice to Pauw’s right to claim

additional damages.

 

ARTICLE 8 – DELIVERY AND TRANSFER OF RISK

 

8.1 Delivery shall take place at the address provided by the Consumer or through

physical handover in a physical store.

8.2 The risk of loss or damage to the Product passes to the Consumer at the moment of Delivery.

8.3 If delivery is delayed, Pauw shall inform the Consumer as soon as possible.

8.4 Exceeding a stated delivery period does not entitle the Consumer to compensation

unless there is a substantial failure in performance and Pauw, after written notice of

default, fails to deliver within a reasonable period.

8.5 The provisions of this article do not affect mandatory consumer protection rights.

 

ARTICLE 9 – LIABILITY

 

9.1 Pauw shall only be liable for direct damage that is the direct result of an attributable

failure in the performance of the Agreement.

9.2 Direct damage shall exclusively mean:

a. reasonable costs incurred in determining the cause and extent of the damage;

b. reasonable costs incurred to make Pauw’s defective performance comply with the

Agreement;

c. reasonable costs incurred to prevent or limit damage.

9.3 Any liability of Pauw is limited to the amount paid by the Consumer for the relevant

Product.

9.4 Pauw shall not be liable for:

a. indirect damage;

b. consequential damage;

c. loss of profit;

d. loss of savings;

e. reputational damage;

f. damage resulting from delayed delivery;

g. damage resulting from incorrect or improper use of the Product.

9.5 The limitations set out in this article shall not apply if and insofar as the damage is

the result of intent or deliberate recklessness on the part of Pauw, or insofar as limitation

of liability is not permitted under mandatory law.

9.6 Any legal claim for damages shall be subject to the statutory limitation periods

applicable by law.

 

ARTICLE 10 – CONFORMITY AND STATUTORY WARRANTY

 

10.1 Pauw guarantees that the delivered Products comply with the Agreement, with the

specifications stated in the offer and with the reasonable expectations the Consumer

may have based on the nature of the Product and the statements made.

10.2 A Product does not conform to the Agreement if, taking into account the nature of

the Product and public statements made by Pauw, it does not possess the

characteristics that the Consumer may reasonably expect under the Agreement.

10.3 The Consumer must notify Pauw of a defect within a reasonable time after

discovering it or after he reasonably should have discovered it. A notification made

within two (2) months after discovery shall in any event be deemed timely.

10.4 If a defect becomes apparent within one (1) year after Delivery, it shall be presumed

that the Product did not conform to the Agreement at the time of Delivery, unless the

nature of the Product or the nature of the defect makes this presumption incompatible.

10.5 In the event of non-conformity, the Consumer is entitled to free repair or

replacement, unless this is impossible or cannot reasonably be required of Pauw.

10.6 Pauw is entitled to choose repair instead of replacement if replacement is

impossible or disproportionately costly.

10.7 Only if repair or replacement is impossible or does not take place within a

reasonable time shall the Consumer be entitled to a price reduction or dissolution of the Agreement.

10.8 Dissolution is not justified if the defect is of minor significance.

10.9 Non-conformity shall in any case not exist if the defect results wholly or partly from:a. normal wear and tear arising from use consistent with the nature and purpose of the Product;

b. discolouration, deformation or material change resulting from normal use;

c. washing, cleaning, drying or other maintenance contrary to the care instructions

provided with the Product;

d. alterations or repairs not carried out by or on behalf of Pauw;

e. incorrect or improper use of the Product.

10.10 Differences in fit, size perception, colour display or subjective appreciation of

style or comfort shall not be regarded as non-conformity, provided the Product

otherwise complies with the stated size, specifications and product description.

10.11 Any commercial guarantees do not affect the statutory rights of the Consumer.

 

ARTICLE 11 – PURCHASES IN PHYSICAL STORES

 

11.1 For purchases made in physical stores there is no statutory right of withdrawal.

11.2 Visible defects or administrative inaccuracies relating to a Product purchased in a

physical store must be reported within eight (8) days after purchase to the branch where

the Product was purchased.

11.3 The period referred to in paragraph 2 relates exclusively to immediately observable

defects and does not affect the Consumer’s statutory rights with regard to non-

conformity.

11.4 Pauw may, without being obliged to do so, decide at its own discretion to exchange

a Product or issue a credit (store credit).

11.5 No rights can be derived from such a goodwill decision for future transactions.

 

ARTICLE 12 – DISTANCE SALES (WEBSHOP)

 

Right of withdrawal

12.1 The Consumer has the right to dissolve the Agreement relating to a Product

purchased via the webshop within fourteen (14) days after Delivery without giving any reason.

12.2 The period referred to in paragraph 1 commences on the day after Delivery of the Product.

12.3 If the Consumer has ordered several Products in one order which are delivered

separately, the withdrawal period shall commence on the day after receipt of the last

Product.

12.4 The Consumer must register a return shipment in advance via the return portal

provided by Pauw on the Pauw website.

12.5 Return shipments that have not been registered via the return portal or that are sent

to an address other than the return address specified by Pauw may be refused and shall

be entirely at the risk and expense of the Consumer.

12.6 The Consumer must return the Product without undue delay and no later than

fourteen (14) days after issuing the notice of withdrawal.

12.7 The costs of return shipment are borne by the Consumer, unless explicitly stated

otherwise or required by law.

12.8 The Consumer is liable for any depreciation of the Product resulting from handling

of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.

12.9 In the event of full withdrawal, Pauw will reimburse the purchase price including the

costs of standard delivery.

12.10 If the Consumer has chosen a more expensive method of delivery than the

standard delivery, the additional costs will not be reimbursed.

12.11 In the event of partial withdrawal, the original shipping costs will not be reimbursed.

12.12 Reimbursement will take place within fourteen (14) days after receipt of the notice

of withdrawal, but not earlier than after Pauw has received the Product or the Consumer

has demonstrated that the Product has been returned.

12.13 Pauw is entitled to postpone reimbursement until the returned Product has been

received.

 

ARTICLE 13 – EXCLUSION OF THE RIGHT OF WITHDRAWAL FOR DIGITAL CONTENT

 

13.1 The right of withdrawal is excluded for digital content not supplied on a tangible medium if:

a. performance has begun with the Consumer’s prior explicit consent; and

b. the Consumer has declared that he waives his right of withdrawal.

13.2 Digital gift cards are regarded as digital content within the meaning of this article.

 

ARTICLE 14 – INTERNATIONAL DELIVERY (DAP)

 

14.1 Deliveries outside the European Union are made on the basis of DAP.14.2 In such deliveries, the Consumer acts as importer in the country of destination and

is fully responsible for compliance with the import and customs regulations applicable there.

14.3 All import duties, local taxes, import VAT, customs clearance costs and other

charges imposed by authorities in the country of destination are entirely for the account

and risk of the Consumer.

14.4 The costs referred to in paragraph 3 are not collected by Pauw and are not eligible for reimbursement.

14.5 If the Consumer refuses to pay the applicable import duties, taxes or customs

clearance costs, or fails to accept the shipment, Pauw is entitled to:

a. dissolve the Agreement extrajudicially;

b. offset return freight, storage costs, customs costs, duties, administrative costs and

other related expenses against the amount paid by the Consumer.

14.6 If the costs referred to in paragraph 5 exceed the purchase price, the excess

amount remains payable by the Consumer.

14.7 In the event of a return shipment from a country outside the European Union,

import duties, local taxes and customs clearance costs already paid remain for the

account of the Consumer.

14.8 Pauw is not liable for delays, damage or costs arising from customs procedures in the country of destination.

 

ARTICLE 15 – GIFT CARDS AND STORE CREDIT

 

15.1 Gift cards and store credit issued by Pauw are valid indefinitely.

15.2 Gift cards and store credit can be redeemed in physical stores and via the webshop.

15.3 Gift cards and store credit cannot be exchanged for cash and do not bear interest.

15.4 Store credit is personal and non-transferable.

15.5 Pauw reserves the right to block, invalidate or refuse gift cards and store credit in

the event of fraud, abuse, unjustified chargebacks or other payment irregularities.

15.6 Gift cards and store credit are issued in euros. Any exchange rate differences are borne by the Consumer.

 

ARTICLE 16 – FRAUD AND CHARGEBACKS

 

16.1 In the event of an unjustified chargeback, dispute without legal grounds or other

irregularity in payment, the full amount due becomes immediately payable.

16.2 Pauw is entitled to charge reasonable administrative and collection costs.

16.3 Pauw reserves the right to refuse future orders from the relevant Consumer.

16.4 Pauw is entitled to temporarily or permanently block accounts, gift cards and store

credit in the event of fraud, abuse or payment irregularities.

 

ARTICLE 17 – COMPLAINTS

 

17.1 Complaints regarding the performance of the Agreement must be submitted to

Pauw within a reasonable time after the Consumer has identified the defects, fully and

clearly described.

17.2 Pauw will handle and respond to complaints within a reasonable period.

 

ARTICLE 18 – WEBSITE INFORMATION

 

18.1 Information on the Pauw website, including the FAQ page, is intended solely as

general explanation of Pauw’s services. No rights can be derived from this information

and it does not form part of the Agreement unless explicitly stated otherwise.

 

ARTICLE 19 – FINAL PROVISIONS

 

19.1 If any provision of these terms and conditions proves to be void or is annulled, this

shall not affect the validity of the remaining provisions.

19.2 In such case the parties shall consult with one another in order to agree upon a

replacement provision that approximates as closely as possible the purpose and intent

of the original provision.