Terms of service
Last updated: 13 July 2026
Article 1 - Definitions
1.1. Gunderwear: Dave Verzijl, operating as a sole proprietorship under the trade name Gunderwear, as further described in Article 2.
1.2. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or professional activity.
1.3. Customer: the consumer who accepts an offer from Gunderwear or enters into an agreement with Gunderwear.
1.4. Product: any movable item offered by Gunderwear, including underwear, clothing, accessories, care products and other items.
1.5. Agreement: the agreement concluded between Gunderwear and the customer.
1.6. Webshop: gunderwear.nl and other webshops and domains operated directly by Gunderwear.
1.7. Distance contract: an agreement concluded without Gunderwear and the customer being physically present at the same time and using exclusively one or more means of distance communication.
1.8. Cooling-off period: the statutory period during which the customer may exercise the right of withdrawal.
1.9. Right of withdrawal: the customer's statutory right to cancel a distance contract within the cooling-off period without giving a reason.
1.10. Durable medium: any tool that enables information addressed personally to the customer to be stored and accessed later in unchanged form.
1.11. Subscription: an agreement under which products are delivered repeatedly at a frequency agreed in advance.
Article 2 - Identity of the trader
This webshop is operated by:
Gunderwear
Sole proprietorship of Dave Verzijl
Business and correspondence address
Burgemeester Wittestraat 26
5616 DB Eindhoven
Netherlands
Contact details
Email address: info@gunderwear.nl
Telephone and WhatsApp: +31 6 28 80 60 28
Website: gunderwear.nl
Registration details
Chamber of Commerce: 27309336
VAT identification number: NL001639901B96
Gunderwear is an online-only webshop. Visits and order collection at the business address are not possible.
Article 3 - Applicability
3.1. These general terms and conditions apply to every offer made by Gunderwear and every agreement concluded directly between Gunderwear and a customer.
3.2. These general terms and conditions apply to orders placed through gunderwear.nl and other webshops operated directly by Gunderwear, unless different terms are expressly published for a specific webshop.
3.3. Before the agreement is concluded, these general terms and conditions are made available to the customer electronically in a way that allows the customer to save them easily.
3.4. For purchases made through external sales platforms, such as Amazon, Bol, Kaufland, Cdiscount, Fruugo or other marketplaces, the terms and procedures of the relevant platform may also apply.
3.5. If additional terms apply to a product, service, subscription or promotion, these will be clearly communicated to the customer before the agreement is concluded.
3.6. In the event of a conflict between these general terms and conditions and specific terms, the provision most favourable to the consumer applies, unless the law provides otherwise.
3.7. Statutory consumer rights cannot be excluded or restricted by these general terms and conditions.
Article 4 - The offer
4.1. Gunderwear describes the products offered as completely and accurately as possible.
4.2. The product description contains the information the customer can reasonably require to assess the product, including, where relevant, the style, colour, size, material and main characteristics.
4.3. Images are intended to represent the products as accurately as possible. Minor differences in colour, texture or appearance may arise due to screen settings, lighting, production batches or manual finishing.
4.4. If an offer has a limited validity period or is subject to special conditions, this will be clearly stated with the offer.
4.5. Obvious writing, input, pricing or programming errors are not binding on Gunderwear.
4.6. If an obvious error is discovered after an order has been placed, Gunderwear will contact the customer. The customer can then confirm the order under the correct terms or cancel it free of charge.
4.7. Offers are valid while stocks last, unless otherwise stated.
4.8. If an ordered product is unexpectedly unavailable, Gunderwear will inform the customer as soon as possible.
4.9. Gunderwear may propose a replacement product, but will not supply a replacement without the customer's consent.
4.10. If no suitable alternative is agreed, the unavailable product will be cancelled and any amount paid for it will be refunded.
Article 5 - Formation of the agreement
5.1. The agreement is concluded when the customer accepts the offer, provides the requested information and completes the ordering process.
5.2. Gunderwear will confirm the order electronically as soon as possible using the email address provided by the customer.
5.3. The order confirmation contains the main details of the order or refers to a place where those details can be accessed.
5.4. The customer is responsible for checking the order confirmation and reporting any errors as soon as possible.
5.5. Gunderwear may refuse or cancel an order within the limits of the law if the product is unavailable.
5.6. Gunderwear may refuse or cancel an order if there is an obvious error, payment cannot be processed, there are reasonable indications of fraud or abuse, performance would be contrary to the law, or the customer has provided incorrect or insufficient information.
5.7. If an order that has already been paid for is cancelled by Gunderwear, the amount paid will be refunded without undue delay.
Article 6 - Prices and payment
6.1. All prices shown to consumers include applicable VAT unless expressly stated otherwise.
6.2. Any shipping costs and other mandatory charges are clearly displayed before the order is completed.
6.3. The customer pays using one of the payment methods offered during checkout.
6.4. Payment takes place at the time and under the conditions stated for the selected payment method.
6.5. Gunderwear is not obliged to ship an order until payment has been received or confirmed, unless payment after delivery has been agreed.
6.6. In principle, a refund will be made using the same payment method as the original payment.
6.7. If an order was paid for wholly or partly with a gift card or store credit, that portion will, where possible, be made available again as a gift card or store credit.
6.8. Discount codes, gift cards and store credits cannot be exchanged for cash, except where required by law.
6.9. Shipments to countries outside the European Union may be subject to import duties, local taxes and customs clearance charges.
6.10. If import duties, local taxes or customs clearance charges have not been collected during checkout, they may be charged to the recipient by the local authorities or carrier.
Article 7 - Delivery
7.1. Gunderwear handles and ships orders with the greatest possible care.
7.2. The order is delivered to the address provided by the customer when ordering.
7.3. Current shipping methods, shipping costs and expected delivery times are published in the shipping policy and during checkout.
7.4. Stated delivery times are estimates and not guaranteed delivery deadlines, unless a guaranteed or essential delivery date has been expressly agreed.
7.5. Unless another period has been agreed, the order will be delivered no later than thirty days after the agreement is concluded.
7.6. If delivery is delayed, Gunderwear will inform the customer as soon as reasonably possible.
7.7. If Gunderwear does not deliver within the agreed or statutory period, the customer may give Gunderwear an appropriate additional period for delivery.
7.8. If delivery is still not made within this additional period, the customer may terminate the agreement in respect of the undelivered products.
7.9. An additional period is not required if Gunderwear has refused to deliver.
7.10. An additional period is also not required if delivery on a specific date was essential or if the customer clearly communicated before the agreement was concluded that delivery no later than a specific date was necessary.
7.11. In the event of a valid termination due to non-delivery, the amount paid for the relevant products will be refunded without undue delay.
7.12. The customer is responsible for providing a complete and correct delivery address.
7.13. For delivery to a parcel machine, Packstation, parcel locker or collection point, the customer must correctly enter the required personal numbers and address details.
7.14. If a parcel is returned due to an incorrect or incomplete address or because it was not collected in time, Gunderwear may charge the actual new shipping costs for reshipment.
7.15. The provisions of Article 7.14 do not restrict the customer's statutory right of withdrawal.
Article 8 - Risk during shipping
8.1. The risk of loss or damage remains with Gunderwear until the customer, or a third party designated by the customer other than the carrier, has physically received the parcel.
8.2. If the customer independently engages a carrier that was not offered by Gunderwear as a shipping option, the risk transfers when Gunderwear hands the parcel over to that carrier.
8.3. Visible transport damage or missing contents should be reported to Gunderwear as soon as possible.
8.4. A late report does not affect statutory rights, but prompt notification makes an investigation with the carrier easier.
8.5. Gunderwear may ask the customer to provide photos of the parcel, shipping label, packaging and damaged or missing products.
Article 9 - Statutory right of withdrawal
9.1. The customer has the right to withdraw from the agreement without giving a reason within fourteen days.
9.2. For the purchase of one product, the cooling-off period begins on the day after the customer, or a third party designated by the customer other than the carrier, receives the product.
9.3. If multiple products from one order are delivered separately, the cooling-off period begins on the day after the final product is received.
9.4. If one product consists of multiple shipments or parts, the cooling-off period begins on the day after the final shipment or final part is received.
9.5. For an agreement involving the regular delivery of products over a certain period, the statutory cooling-off period begins on the day after the first product is received.
9.6. The customer may exercise the right of withdrawal by sending Gunderwear an unambiguous statement before the end of the cooling-off period.
9.7. The customer may do this by emailing info@gunderwear.nl, contacting Gunderwear via WhatsApp, sending a written statement by post or using the model form at the end of these terms and conditions.
9.8. Use of the model form is not mandatory.
9.9. The customer has exercised the right of withdrawal in time if the notification is sent before the cooling-off period expires.
9.10. After notifying Gunderwear of the withdrawal, the relevant products must be returned without undue delay and no later than fourteen days afterwards.
The return address is:
Gunderwear
Order [order number]
Burgemeester Wittestraat 26
5616 DB Eindhoven
Netherlands
9.11. The return deadline is met if the return parcel is shipped before the fourteen-day period has expired.
9.12. The direct cost of a return under the right of withdrawal is borne by the customer, unless Gunderwear has offered to bear those costs or the law requires Gunderwear to do so.
9.13. For an incorrect, damaged or non-conforming product, the necessary return costs are not borne by the customer.
9.14. Gunderwear advises the customer to use a shipping method with proof of postage and to keep the proof until the return has been fully processed.
Article 10 - Handling products during the cooling-off period
10.1. During the cooling-off period, the customer must handle the product and its packaging with care.
10.2. The customer may inspect and assess the product as would reasonably be possible in a physical store.
10.3. For hygiene reasons, underwear, swimwear and similar garments should be tried on over the customer's own underwear.
10.4. Care products, lubricants and other sealed hygiene products should only be opened once the customer is certain they wish to keep the product.
10.5. The customer is only liable for a reduction in value resulting from use or handling beyond what is necessary to establish the nature, characteristics and functioning of the product.
10.6. If a product has decreased in value due to excessive use, damage, soiling, washing, odours, missing labels or other handling, Gunderwear may deduct this demonstrable reduction in value from the amount to be refunded.
10.7. Missing or damaged packaging does not automatically result in refusal of a statutory withdrawal.
10.8. Damage to or absence of packaging may result in a reduction in value if the packaging forms part of the product or is reasonably necessary for the product to be resold.
Article 11 - Refund following withdrawal
11.1. In the event of a valid withdrawal, Gunderwear will refund all payments received from the customer for the withdrawn part of the agreement.
11.2. If the entire order is withdrawn, the cost of the least expensive standard delivery offered by Gunderwear will also be refunded.
11.3. Any additional costs resulting from the customer's choice of a more expensive or expedited delivery method will not be refunded insofar as they exceed the least expensive standard delivery offered.
11.4. In the event of a partial return, the original shipping costs generally remain payable because the remaining products were delivered.
11.5. Gunderwear will make the refund without undue delay and no later than fourteen days after being informed of the withdrawal.
11.6. Gunderwear may withhold the refund until the returned products have been received or until the customer has demonstrated that the products have been sent back, whichever occurs first.
11.7. The refund will be made using the same payment method as the original transaction, unless the customer expressly agrees to another method.
11.8. Gunderwear does not charge administrative or processing fees for the refund.
11.9. If payment was made with a gift card or store credit, that portion will, where possible, be made available again as a gift card or store credit.
Article 12 - Additional return option up to thirty days
12.1. In addition to the statutory fourteen-day right of withdrawal, Gunderwear voluntarily offers an additional return option up to thirty days after receipt.
12.2. This additional return option applies from the end of the statutory cooling-off period up to and including the thirtieth day after receipt.
12.3. Under this voluntary return option, the product must be unworn, unused, unwashed, clean and free from odours.
12.4. The product must be complete, have the originally attached labels and be in its original packaging.
12.5. The product must be suitable for resale as new.
12.6. The product must be shipped no later than the thirtieth day after receipt.
12.7. The direct costs of this voluntary return are borne by the customer.
12.8. When using the voluntary return option, the price actually paid for the returned product will be refunded.
12.9. The original shipping costs are not refunded for a voluntary return after the statutory cooling-off period, unless Gunderwear expressly agrees otherwise or the law provides otherwise.
12.10. Gunderwear may refuse a request under the voluntary return option if the conditions of this article are not met.
12.11. The voluntary return option does not restrict the statutory right of withdrawal, statutory warranty or other statutory consumer rights.
Article 13 - Exceptions to the right of withdrawal
13.1. The right of withdrawal may only be excluded where permitted by law and where the exclusion has been clearly communicated before the agreement is concluded.
13.2. The right of withdrawal does not apply to products manufactured according to the customer's specifications or clearly intended for a specific person.
13.3. The right of withdrawal does not apply to sealed products that are not suitable for return for reasons of health protection or hygiene once the seal has been broken after delivery.
13.4. The right of withdrawal does not apply to products which, by their nature, have become inseparably mixed with other products after delivery.
13.5. For digital content not supplied on a physical medium, the right of withdrawal may lapse if delivery has begun with the customer's prior express consent and the customer has acknowledged that this causes the right of withdrawal to be lost.
13.6. The mere fact that a product is underwear, swimwear or erotic clothing does not automatically exclude the statutory right of withdrawal.
13.7. The hygiene exception only applies where the product was delivered sealed, the seal has been broken and the product is subsequently no longer suitable for return for reasons of health protection or hygiene.
13.8. If the right of withdrawal is excluded for a product, this will be clearly stated before the order is placed.
Article 14 - Conformity and statutory warranty
14.1. Gunderwear warrants that a delivered product conforms to the agreement.
14.2. The product must correspond with the product description and have the characteristics the customer may reasonably expect under the agreement.
14.3. The product must be suitable for normal use and comply with applicable statutory requirements.
14.4. The statutory warranty does not have one fixed standard duration that is the same for every product. What the customer may reasonably expect depends, among other things, on the nature, price, quality, characteristics and normal lifespan of the product.
14.5. The customer must report a defect to Gunderwear within a reasonable period after discovering it. A report made within two months after discovery is in any event considered timely.
14.6. In the event of a suspected defect, Gunderwear may ask for the order number, a clear description of the problem and photos or videos.
14.7. Gunderwear may ask the customer to return the product for examination.
14.8. If the product does not conform to the agreement, the customer is entitled, subject to statutory conditions, to repair or replacement free of charge.
14.9. Repair or replacement will be carried out within a reasonable period and without significant inconvenience to the customer.
14.10. The necessary costs of repair or replacement, including reasonable shipping and return costs, are borne by Gunderwear.
14.11. If repair or replacement is impossible, is not carried out within a reasonable period, is disproportionate or cannot reasonably be required of the customer, the customer may, subject to statutory conditions, be entitled to a price reduction or termination of the agreement.
14.12. The customer cannot terminate the agreement if the defect is only minor and termination would therefore not be justified.
14.13. A commercial warranty offered by a manufacturer, importer or Gunderwear does not restrict the customer's statutory rights.
14.14. Normal wear and tear, damage caused by improper use, incorrect care, failure to follow washing or usage instructions, or damage caused by the customer after delivery does not constitute a defect for which Gunderwear is responsible.
14.15. Choosing the wrong size does not in itself constitute a defect in the product.
Article 15 - Incorrect, damaged or incomplete product delivered
15.1. If the customer receives an incorrect, damaged or incomplete product, they must contact Gunderwear as soon as possible.
15.2. Where possible, the customer provides the order number, a description of the problem and clear photos.
15.3. Gunderwear will investigate the report and offer an appropriate solution depending on the circumstances.
15.4. An appropriate solution may consist of supplying a missing component, repair, replacement, a price reduction or a refund.
15.5. If the complaint is justified and the product must be returned, reasonable return costs are borne by Gunderwear.
15.6. In principle, the customer must first give Gunderwear the opportunity to resolve the problem within a reasonable period, unless this cannot reasonably be required of the customer under the law or the circumstances.
Article 16 - Subscriptions
16.1. Some products may be offered as a subscription.
16.2. The price, delivery frequency, term, payment dates and any minimum duration are clearly stated before the subscription is concluded.
16.3. By taking out a subscription, the customer authorises the agreed amounts to be charged according to the selected frequency using the chosen payment method.
16.4. The customer can manage the subscription via the links in the order and subscription confirmations or by contacting Gunderwear.
16.5. A subscription for an indefinite period may be cancelled with a notice period of no more than one month.
16.6. A fixed-term subscription may be cancelled at the end of the agreed term with a notice period of no more than one month.
16.7. If a subscription continues for an indefinite period after a fixed term, the customer may cancel it at any time from that point with a notice period of no more than one month.
16.8. A change or cancellation applies to future deliveries that have not yet been processed.
16.9. If the next subscription order has already been processed or paid, the change or cancellation may take effect from the subsequent delivery.
16.10. The statutory right of withdrawal for subscription deliveries already received remains applicable where relevant.
16.11. Gunderwear may adjust a subscription price for future deliveries. A price change will be communicated in advance.
16.12. If a price change does not result solely from taxes or statutory measures, the customer may terminate the subscription free of charge before the change takes effect.
16.13. If a recurring payment cannot be processed, Gunderwear may postpone the relevant delivery and, after reasonable notice, suspend or terminate the subscription.
16.14. The voluntary thirty-day return option also applies to individual subscription deliveries, provided the conditions of Article 12 are met.
Article 17 - Discounts, promotions and free products
17.1. Additional promotional terms may apply to discounts, promotions and free products.
17.2. A discount code is valid only during the stated period and under the stated conditions.
17.3. Discount codes cannot be applied retroactively to an order that has already been completed.
17.4. Unless otherwise stated, multiple discount codes cannot be combined.
17.5. For a return, only the amount actually paid for the returned product will be refunded.
17.6. If a discount is distributed across multiple products, the discount will be allocated proportionally across the relevant products.
17.7. If a free product was provided only because an order met a minimum order value or another promotional condition and the order no longer meets that condition as a result of a return, Gunderwear may ask for the free product to be returned as well.
17.8. If a free product must be returned, it must be unused and complete and, where applicable, have its original packaging and labels.
17.9. If the free product is not returned, Gunderwear may deduct its clearly disclosed retail value, insofar as legally permitted.
17.10. This article does not restrict the statutory right of withdrawal.
Article 18 - Responsible use of products
18.1. The customer must follow the usage, washing, maintenance and safety instructions provided by Gunderwear and the manufacturer.
18.2. Products must only be used for the purpose for which they are intended.
18.3. Before use, the customer must check the ingredients, material information, warnings and any allergy information.
18.4. If there is any doubt about the use of a care product or in the case of a known sensitivity, it is advisable to first test a small amount on a limited area of skin.
18.5. In the event of irritation, damage or another unexpected reaction, use must be discontinued immediately.
18.6. This article does not affect the statutory liability of Gunderwear or the producer for a defective or unsafe product.
Article 19 - Liability
19.1. Gunderwear is liable for damage insofar as such liability arises from the law or the agreement.
19.2. Gunderwear is not liable for damage resulting from improper or careless use, use contrary to instructions or warnings, normal wear and tear, modifications made by the customer, incorrect storage or care, or incorrect or incomplete information provided by the customer.
19.3. Nothing in these general terms and conditions excludes or limits liability where such exclusion or limitation is not permitted by law.
19.4. Liability for intent or deliberate recklessness, death or personal injury, product liability and mandatory consumer rights is not excluded.
19.5. Temporary unavailability, technical failures or maintenance of the webshop do not automatically entitle the customer to compensation. Rights arising from agreements already concluded remain in force.
Article 20 - Force majeure
20.1. Force majeure means a circumstance beyond Gunderwear's reasonable control that makes performance of the agreement temporarily or permanently impossible.
20.2. Examples of force majeure include natural disasters, fire, war, terrorism, pandemics, government measures, transport disruptions, strikes, power outages, cyber incidents and serious disruptions affecting suppliers or carriers.
20.3. Gunderwear will inform the customer as soon as possible if force majeure affects performance of the agreement.
20.4. Obligations are suspended for as long as performance is not reasonably possible due to force majeure.
20.5. If performance becomes permanently impossible or is unreasonably delayed, Gunderwear and the customer may terminate the agreement in respect of the unperformed part.
20.6. Amounts already paid for products that will no longer be delivered will be refunded.
20.7. The consumer's statutory rights in the event of delay or non-delivery remain applicable.
Article 21 - Complaints
21.1. Complaints may be submitted by email, WhatsApp, telephone or post.
21.2. The contact details for complaints are:
Email: info@gunderwear.nl
Telephone and WhatsApp: +31 6 28 80 60 28
Postal address: Gunderwear, Burgemeester Wittestraat 26, 5616 DB Eindhoven, Netherlands
21.3. The customer should preferably include the order number and describe the complaint as fully and clearly as possible.
21.4. Gunderwear will respond to a complaint within fourteen days of receipt.
21.5. If more time is required for investigation, the customer will receive an acknowledgement within fourteen days and an indication of the further handling period.
21.6. Gunderwear and the customer will first attempt to resolve a dispute by mutual agreement.
21.7. If no solution is reached, the customer may submit the dispute to the court competent under the law or to a competent alternative dispute resolution body.
21.8. A complaint or dispute does not restrict the customer's other statutory rights.
Article 22 - Privacy
22.1. Gunderwear processes personal data in accordance with applicable privacy legislation.
22.2. Gunderwear's privacy policy explains which personal data is processed, for what purposes and what rights the customer has.
22.3. Gunderwear may use external service providers for payment processing, shipping and other aspects of an order.
22.4. Gunderwear shares personal data only insofar as necessary for performance of the agreement, based on a valid legal basis or required by law.
Article 23 - Intellectual property
23.1. The content of the webshop, including texts, product descriptions, photographs, images, logos, design and other materials, is protected by intellectual property rights.
23.2. Without prior written permission from Gunderwear or the relevant rights holder, this content may not be copied, published, edited or distributed commercially.
23.3. Normal personal use of the webshop and sharing links to product pages are permitted.
Article 24 - Applicable law and disputes
24.1. Agreements with Gunderwear are governed by Dutch law.
24.2. The choice of Dutch law does not deprive a consumer living in another country of the protection of mandatory consumer rules applicable in their country of residence under applicable international law.
24.3. Disputes will be submitted to the court competent under the applicable statutory rules.
24.4. The parties will first attempt to resolve a dispute by mutual agreement before starting legal proceedings, unless this cannot reasonably be required.
24.5. The United Nations Convention on Contracts for the International Sale of Goods does not apply to agreements with consumers.
Article 25 - Amendments and miscellaneous provisions
25.1. The version of the general terms and conditions in force at the time the agreement was concluded applies to an order.
25.2. Gunderwear may amend these general terms and conditions for future agreements.
25.3. An amendment does not apply retroactively to agreements already concluded, unless the amendment is required by law or is expressly agreed with the customer.
25.4. If a provision is found to be void, voidable or unenforceable, the remaining provisions remain in force.
25.5. To the extent possible, the invalid provision will be replaced by a valid provision that most closely reflects the purpose and intent of the original provision, without affecting mandatory consumer rights.
25.6. Failure to enforce a right immediately does not mean that Gunderwear waives that right.
25.7. Additional or deviating agreements are valid only if recorded in writing or on a durable medium.
Appendix - Model withdrawal form
Complete and return this form only if you wish to withdraw from the agreement. Use of this form is not mandatory.
To:
Gunderwear
Burgemeester Wittestraat 26
5616 DB Eindhoven
Netherlands
Email address: info@gunderwear.nl
I hereby notify you that I withdraw from the agreement concerning the purchase of the following products:
Product or products:
Order number:
Ordered on:
Received on:
Customer name:
Customer address:
Customer email address:
Date:
Customer signature:
Only required when this form is submitted on paper.