Terms and Conditions

Last updated: 13 May 2026

Table of Contents

1. Definitions
2. Identity of the trader
3. Applicability
4. The offer
5. The contract
6. Prices and payment
7. Delivery and performance
8. Right of withdrawal
9. Consumer obligations during the cooling-off period
10. Exercising the right of withdrawal and associated costs
11. Exclusion of the right of withdrawal
12. Withdrawal and refund by the trader
13. Complaints and conformity
14. Liability and disputes
15. Amendments to these terms and conditions

Article 1

Definitions

In these terms and conditions, the following terms shall have the following meanings:

Cooling-off period:
the period within which the consumer may exercise the right of withdrawal.

Consumer:
the natural person who is not acting for purposes relating to a trade, business, craft or profession.

Durable medium:
any means – including email – by which information can be addressed to the consumer personally and stored for future use and unaltered reproduction.

Right of withdrawal:
the consumer’s right to withdraw from a distance contract within the cooling-off period.

Trader:
Émigré, trading under the trade name émigré, established in Amsterdam, the Netherlands.

Agreement:
the agreement between the trader and the consumer concerning the purchase of products via emigre.nl or, where applicable, via other sales channels of the trader.

Distance contract:
a contract concluded between the trader and the consumer via an organised system for distance selling, whereby use is made exclusively or partly of means of distance communication.

Products:
the goods offered by the trader, including perfumes, samples, discovery sets, cosmetic products and related items.

In writing:
‘in writing’ shall also be understood to mean communication by email.

Article 2

Identity of the trader

Trade name: émigré
Chamber of Commerce-registered trading name: Emigre

Legal form: Sole trader
Owner: James Robert Elliott

Registered office and visiting address:
Pascalstraat 4-1
1098 PB Amsterdam
The Netherlands

Website:
emigre.nl

Email address:
hello@emigre.nl

Chamber of Commerce number:
42029039

VAT identification number:
NL005441975B23

Article 3

Applicability

1. These general terms and conditions apply to every offer made by émigré and to every agreement concluded between émigré and a consumer regarding products offered via emigre.nl, in the physical shop or via other sales channels of the trader.
2. Deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
3. Before a distance contract is concluded, the text of these general terms and conditions is made available to the consumer via emigre.nl in a manner that allows the consumer to easily store it on a durable medium.
4. If one or more provisions of these general terms and conditions prove to be wholly or partially void or are set aside, the remaining provisions shall remain in full force. In that case, the trader and the consumer shall, in consultation, establish a replacement provision that corresponds as closely as possible to the purpose and intent of the original provision.
5. In the event of a conflict between supplementary agreements and these general terms and conditions, the provision most favourable to the consumer shall apply, unless mandatory law provides otherwise.

Article 4

The offer

1. If an offer has a limited period of validity or is subject to specific conditions, this will be expressly stated.
2. Émigré endeavours to present all products, descriptions, images, prices and other information on emigre.nl as completely, accurately and up-to-date as possible. Obvious errors, typographical errors or errors in prices, product information or images are not binding on the trader.
3. Product images are intended to be true representations. Minor differences in colour, packaging, labelling or presentation may occur, for example as a result of changes made by manufacturers, small production batches or natural variation in materials.
4. Descriptions of scent, atmosphere, ingredients or olfactory impressions are for guidance only. Perception of scent is subjective and personal experience with a perfume may vary.
5. All offers are subject to availability. If an ordered product proves to be unavailable or only partially available, the consumer will be informed of this as soon as possible. In that case, the consumer is entitled to a refund for the part of the order that cannot be delivered.
6. Émigré reserves the right to change the product range, prices, availability and product specifications at any time.

Article 5

The agreement

1. The agreement is concluded at the moment the consumer places an order and this is confirmed by émigré, or as soon as the trader fulfils the order.
2. After placing an order, the consumer will immediately receive an electronic confirmation of receipt of the order at the email address provided by the consumer.
3. Émigré reserves the right to refuse an order or to attach additional conditions to its fulfilment if there are valid reasons to do so, including but not limited to:
1. obvious errors in pricing or product information;
2. suspicions of fraud or abuse;
3. incorrect or incomplete customer details;
4. insufficient availability of products.
4. If an order cannot be fulfilled in whole or in part, the consumer will be notified as soon as possible. Any amounts already paid for undeliverable products will be refunded without delay.
5. Émigré takes appropriate technical and organisational measures to secure electronic communications, personal data and online payments.
6. Émigré is entitled to engage third parties in the performance of the agreement, including payment, shipping and logistics partners.

Article 6

Prices and payment

1. All prices stated on emigre.nl and in the physical shop are expressed in euros (€) and include VAT, unless expressly stated otherwise.
2. Émigré reserves the right to change prices, the product range and product specifications at any time. Price changes do not affect agreements already concluded.
3. Obvious errors or mistakes in price listings, offers or product information are not binding on émigré.
4. Payment must be made in full at the time of ordering via the payment methods offered by émigré, unless otherwise agreed in writing.
5. The consumer is obliged to report any inaccuracies in the payment details provided or stated to émigré without delay.
6. If a payment is declined, reversed, refunded or otherwise not successfully processed, émigré reserves the right to suspend or cancel the agreement.
7. Ownership of the delivered products shall only pass to the consumer once full payment has been received.

Article 7

Delivery and fulfilment

1. Émigré shall process and fulfil orders with the utmost care.
2. Delivery will be made to the delivery address provided by the consumer. The consumer is responsible for providing correct and complete address details.
3. Stated delivery times are indicative and do not constitute a strict deadline. Exceeding an estimated delivery time does not entitle the consumer to compensation, unless expressly agreed otherwise.
4. If an order is delayed or a product proves to be temporarily or permanently unavailable, the consumer will be notified of this as soon as possible. In that case, the consumer has the right to cancel the contract for the product in question free of charge, in which case any amounts already paid for that product will be refunded.
5. Émigré reserves the right to fulfil an order in partial deliveries if this is reasonably necessary. Any additional costs for a partial delivery shall not be borne by the consumer.
6. The risk of damage to or loss of products passes to the consumer at the time of delivery to the specified delivery address or to a third party designated by the consumer.
7. If a parcel cannot be delivered due to incorrect address details, failure to collect a consignment or other circumstances for which the consumer is responsible, émigré reserves the right to charge additional delivery costs for a new consignment.
8. Émigré is not liable for delays caused by carriers, customs procedures, force majeure or other circumstances beyond the reasonable control of the trader.

Article 8

Right of withdrawal

For products

1. The consumer has the right to withdraw from a distance contract concerning the purchase of a product during a cooling-off period of fourteen (14) days without giving any reason.
2. The cooling-off period commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product.
3. If the consumer has ordered multiple products in a single order that are delivered separately, the cooling-off period commences on the day on which the last product is received.
4. If a delivery consists of multiple shipments or parts, the cooling-off period begins on the day on which the last shipment or the last part is received.
5. To exercise the right of withdrawal, the consumer must inform the trader unambiguously of the decision to withdraw from the contract within the cooling-off period. This may be done by email or by using the model withdrawal form.
6. During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to ascertain the nature, characteristics and functioning of the product, as the consumer would reasonably be permitted to do in a physical shop.

Article 9

Consumer obligations during the cooling-off period

1. During the cooling-off period, the consumer must handle the product, the packaging and any supplied accessories with care.
2. The consumer may only handle and inspect the product to the extent necessary to ascertain the nature, characteristics and functioning of the product, as would reasonably be possible in a physical shop.
3. The consumer is liable for any reduction in the value of the product if this results from a manner of use that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
4. Products must, as far as reasonably possible, be returned in their original condition and packaging, including any accessories, samples and documentation supplied.
5. If a product is returned in a condition that goes beyond what is reasonably necessary for inspection, émigré reserves the right to charge for a proportionate reduction in value or to refuse the return shipment to the extent permitted by law.

Article 10

Exercise of the right of withdrawal and associated costs

1. If the consumer wishes to exercise the right of withdrawal, he or she must notify émigré of this unambiguously within the 14-day cooling-off period. This may be done by email or by using the model withdrawal form.
2. After notifying of withdrawal, the consumer must return the product to émigré as soon as possible, but no later than fourteen (14) days after notifying of withdrawal.
3. The consumer must return the product in its original condition and packaging, as far as reasonably possible, and in accordance with the return instructions provided by émigré.
4. The direct costs of the return shipment are borne by the consumer, unless expressly agreed otherwise or unless the product was incorrectly delivered, damaged or defective.
5. The risk and the burden of proof for a correct and timely return lie with the consumer until the return has been received by émigré.
6. Émigré shall refund all payments received from the consumer for the returned product, including the original standard delivery costs, without delay but no later than within fourteen (14) days after the consumer has notified the withdrawal.
7. Émigré reserves the right to withhold the refund until the returned product has been received or until the consumer has provided proof that the product has been returned, whichever occurs first.
8. If the consumer has opted for a more expensive delivery method than the standard delivery offered by émigré, the additional costs for this supplementary delivery method will not be refunded.
9. Refunds will be made via the same payment method used for the original transaction, unless the consumer expressly agrees to a different method.

Article 11

Exclusion of the right of withdrawal

1. Émigré may exclude the right of withdrawal for products as referred to in this article, provided this is clearly communicated to the consumer in the offer and before the contract is concluded.
2. The right of withdrawal is excluded for sealed products which, for reasons of health protection, hygiene or product integrity, are not suitable for return and whose seal has been broken after delivery.
3. This includes, but is not limited to:
1. perfumes and fragrances where the seal or protective closure has been broken;
2. samples, discovery sets and cosmetic products where the seal or protective packaging has been opened;
3. products that have been visibly used, tested or altered in a manner that goes beyond what is reasonably necessary to ascertain the nature, characteristics and functioning of the product.
4. If a returned product is not eligible for withdrawal under this article, émigré reserves the right to refuse the return and to return the product to the consumer.

Article 12

Withdrawal and refund by the trader

1. If the consumer validly exercises the right of withdrawal, émigré will confirm receipt of the notice of withdrawal as soon as possible by email.
2. Émigré shall refund all payments made by the consumer in relation to the returned product, including any standard delivery costs, without delay but no later than fourteen (14) days after receipt of the notice of withdrawal.
3. Émigré reserves the right to withhold the refund until the returned product has been received in good order or until the consumer has provided proof that the product has been returned, whichever occurs first.
4. If only part of an order is returned, any delivery costs will be refunded only to the extent required by law.
5. Refunds will be made via the same payment method used for the original transaction, unless the consumer expressly agrees to a different method of refund.
6. If it appears that a returned product has been used, damaged, opened or is otherwise in a condition that goes beyond what is reasonably necessary to assess the nature, characteristics and functioning of the product, émigré reserves the right to apply a proportionate reduction in value or to refuse a refund to the extent permitted by law.

Article 13

Complaints and conformity

1. Émigré guarantees that the products delivered comply with the contract, the reasonable expectations the consumer may have of them, the stated product specifications and the legal requirements in force at the time of delivery.
2. The consumer is requested to carefully check products immediately upon receipt for visible damage, defects, inaccuracies or discrepancies.
3. Complaints regarding damaged, defective, incorrect or incomplete deliveries must be reported to Émigré in writing within a reasonable period of time after discovery, preferably within seven (7) days of receipt of the product, stating a clear description of the complaint and, where reasonably possible, accompanied by photographs.
4. Submitting a complaint does not suspend the consumer’s payment obligation.
5. Émigré will handle complaints with care and aims to respond substantively within fourteen (14) days of receipt. If a complaint requires more processing time, the consumer will receive a message within this period indicating the expected resolution timeframe.
6. If a complaint is found to be justified, émigré will, at its discretion, proceed with repair, replacement, appropriate compensation or a refund, to the extent required by law.
7. Minor deviations in scent perception, product presentation, packaging or batch-related variations do not automatically constitute a defect, provided the product reasonably corresponds to what was offered.

Article 14

Liability and disputes

1. Émigré shall not be liable for indirect damage, consequential damage, loss of profit, lost savings or other forms of indirect damage, unless there is intent or gross negligence on the part of émigré or if liability cannot be excluded by law.
2. Any liability on the part of émigré is limited to the amount paid by the consumer for the product in question, unless mandatory law provides otherwise.
3. The limitations of liability in this article do not apply to damage resulting from death or personal injury, nor in cases of wilful misconduct, gross negligence or statutory product liability.
4. Émigré shall not be liable for damage resulting from improper use of products, use contrary to instructions or warnings, or sensitivities, allergic reactions or individual scent or skin reactions, unless there is a defect in the product for which the trader is legally liable.
5. Consumers are advised to test perfumes and cosmetic products before use if they have known sensitivities or allergies.
6. All agreements between émigré and the consumer are governed exclusively by Dutch law, unless mandatory consumer law in the country where the consumer resides provides additional protection.
7. Disputes between the consumer and émigré will initially be resolved through mutual consultation.
8. If a dispute cannot be resolved by mutual agreement, it will be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.

Article 15

Amendments to these terms and conditions

1. Émigré reserves the right to amend or supplement these general terms and conditions from time to time.
2. Amendments shall take effect upon publication on emigre.nl, unless otherwise stated.
3. The version of the general terms and conditions applicable to an agreement shall always be the version in force at the time the agreement was concluded, unless mandatory law provides otherwise.
4. The most up-to-date version of these general terms and conditions is always available via emigre.nl.

Version 1.0 – 13 May 2026