GENERAL TERMS AND CONDITIONS & PRIVACY
GENERAL TERMS AND CONDITIONS
ARTICLE 1 – Definitions
In these terms and conditions, the following terms have the following meanings:
- Withdrawal period: the period of time within which the consumer can exercise his/her withdrawal right;
- Consumer: the natural person who is not acting on behalf of a business or profession and enters into a distance contract with the company;
- Day: calendar day;
- Extended duration transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or acquisition is spread over a period of time;
- Permanent data carrier: all means that enable the consumer or the company to store information that is addressed to him in person in a way that permits future consultation and unaltered reproduction of the stored information;
- Withdrawal right: the possibility for the consumer to abstain from the distance contract within the withdrawal period;
- Model form: a model form provided by the company, which a consumer can complete when he wants to exercise his right of withdrawal;
- Fashion Trade Company: the company that is offering products and/or services to consumers over distance;
- Distance contract: a contract involving the sole use of one or more techniques for distance communication within a system organised by the company for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
- Technique for distance communication: a means that can be used for concluding a contract, without the consumer and company being in the same place at the same time;
- Terms and Conditions: the present Terms and Conditions from the company.
- Website: www.Goldie-Estelle.com
ARTICLE 2 – The identity of the company
Fashion Trade Company B.V.
1112 AA Diemen
Telefoonnummer: 020-354 6375, on weekdays from 9.30am till 5pm
Email address: firstname.lastname@example.org
KvK number: 68476914
BTW identification number: NL857462428.BO1
ARTICLE 3 – Applicability
These General Terms and Conditions apply to every offer from Fashion Trade Company B.V. and to every distance contract that is concluded between Fashion Trade Company B.V. and the consumer.
ARTICLE 4 – The offer
- If an offer has a limited period of validity. Fashion Trade Company B.V. is entitled to change or adapt the offer.
- The offer contains a complete and accurate description of the products being offered. The description is sufficiently detailed to enable the consumer to properly assess the offer.
- All the images, specifications, and/or data are an indication of the products being offered and can’t be reasoned into a reimbursement or a termination of the contract.
- Images of the products are a true representation of the products that are being offered. Fashion Trade Company B.V. can’t guarantee the exact likeliness of the represented colours in comparison with the true colours of the products.
- All offers contain such information that it is clear to the customer what rights and obligations are involved in accepting the offer. This includes, in particular:
– the price including taxes;
– any costs of delivery;
– the way in which the contract will be concluded and which actions this will require;
– whether or not the withdrawal right applies;
– the method of payment, delivery or implementation of the contract;
– the period for accepting the offer;
– the address and the period in which the consumer can file his complaint;
– the way in which, before the contract is concluded, the consumer can check the data that he provides within the scope of the contract and, if required, how he can rectify that data;
– the available sizes, colours and materials.
ARTICLE 5 – The contract
- The consumer can place an order with Fashion Trade Company B.V. by accurately completing the therefore befitting order form on www.goldie-estelle.com.
- Fashion Trade Company B.V. confirms the acceptance of the offer electronically to the email address that is introduced by the consumer in the order form. The order will be treated by Fashion Trade Company B.V. exclusively, on the condition that the consumer accurately presents all the requested information on the order form.
- The contract is concluded at the moment Fashion Trade Company B.V. accepts the consumer’s offer (the acceptance is evident from the confirmation email referred to in paragraph 3), the offer is paid by the consumer and send by Fashion Trade Company B.V.
- Fashion Trade Company B.V. is in case of force majeure entitled to suspend or terminate the contract, without judicial intervention. Fashion Trade Company B.V. must do so by informing the consumer in writing, without the company being liable to any form of reimbursement, unless the given situation is unacceptable to standards of reasonableness and fairness. Force majeure here indicates every shortcoming that can’t be ascribed to Fashion Trade Company B.V., because she can’t be accused of fault nor by virtue of the law, by legal act nor by generally accepted concepts.
ARTICLE 6 – Withdrawal right
- When purchasing products, a consumer is able to dissolve the contract, without giving reasons for this, for a period of fourteen days. This withdrawal period commences on the day after the product was received by the consumer, or by a representative appointed beforehand by the consumer, of whom the company has been informed.
- During the withdrawal period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent that this is necessary in order to determine whether he wishes to retain the product. If he exercises his withdrawal right, then he will return the product to Fashion Trade Company B.V. with all associated components and in the original state and packaging, in accordance with the reasonable and clear instructions provided by the company.
- When the customer, after the period mentioned in paragraph 2 and 3, hasn’t declared his/her intent to exercise the right of withdrawal or hasn’t returned the product to the company, the sale is final.
ARTICLE 7 – Costs in case of withdrawal
- If a consumer exercises his withdrawal right, he/she will be charged, at the most, the costs of returning the goods.
- If the consumer has paid a sum, Fashion Trade Company B.V. will refund this sum as quickly as possible, within 14 days after the withdrawal at the latest. Hereby applies the condition that the returned goods are received by the company or evidence of the shipment is supplied.
- The consumer is obliged to provide enough postage and provide the package with his/her name and address.
ARTICLE 8 – Precluding the withdrawal right
- The company can preclude the consumers right of withdrawal for products described in paragraph 2. The precluding of the withdrawal right is only valid if the company clearly states so before the conclusion of the agreement in the offer.
- Precluding of the withdrawal right is only possible for products:
a) That have been produced by Fashion Trade Company B.V. in accordance with the consumers specifications
b) that are clearly personal in nature
c) that, because of their nature, cannot be returned
ARTICLE 9 – The price
- During the period of validity indicated in the offer, the prices of the products being offered will not be increased, except for as a result of price changes resulting from alterations in VAT rates.
- Contrary to the previous paragraph, if the prices are subject to fluctuations in the financial market over which fahsion Trade Company B.V. has no influence, the company may offer products at variable prices. The subjection to fluctuations and the fact that potential mentioned prices are recommended prices, are referred to in the offer.
- Price increases within 3 months of the contract being concluded are only permitted if they are the result of statutory regulations or stipulations.
- Price increases more than 3 months after the contract was concluded are only permitted if this was stipulated by the company, and:
they are the result of statutory regulations or stipulations, or
the consumer has the right to terminate the contract on the day on which the price increase takes effect.
- Prices mentioned for products or services being offered are in euros and include VAT.
- All prices are under the conditions of misprints. No liability can be claimed for the consequences of misprints. The company is not obliged to supply the product at the incorrect price at the event of a misprint.
ARTICLE 10 – Conformity and guarantee
Fashion Trade Company B.V. guarantees that the products fullfil the contract and the specifications stipulated in the offer.
ARTICLE 11 – Supply and implementation
- Fahsion Trade Company B.V. will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is deemed to be the address that the consumer gives to the company.
- Taking into consideration that stated in article 4 of these General Terms and Conditions, the company will implement accepted orders with all due speed, within 14 days at the latest, unless a longer period of delivery has been agreed. If delivery is delayed, or if an order cannot be fulfilled, or only partially, the consumer will be informed of this at the latest within 14 days after the order was placed. In that case, the consumer has a right to dissolve the contract free of charge. The consumer is not entitled to compensation.
- All delivery periods are indicative. The consumer cannot derive any rights from before quoted periods. Exceedance of the period doesn’t give the consumer a right to compensation.
- In case of dissolution as described in paragraph 3, Fashion Trade Company B.V. will refund the consumer with the paid sum as quickly as possible, at the latest within 14 days after the dissolution.
- Should it prove impossible to deliver a product that has been ordered, Fashion Trade Company B.V. will attempt to provide a replacement product. The company will indicate, clearly and intelligibly, that a replacement product is being supplied, at the latest upon delivery. The right of withdrawal cannot be precluded in the event of replacement products. The costs of returning a product, if applicable, shall be borne by Fashion Trade Company B.V.
- The ownership of the delivered products will only be transferred, when the consumer has fulfilled all that which he/she is required by any agreement with Fashion Trade Company B.V.
- The risk of damage and/or loss of products rests upon Fashion Trade Company B.V. up to the moment of delivery to the consumer, or to a representative who was appointed beforehand and of whom the company was informed, unless explicitly agreed otherwise.
ARTICLE 13 – Complaints procedure
- Fahsion Trade Company B.V. provides for a complaints procedure that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
- Complaints about the implementation of the contract must be submitted clearly specified and comprehensive to Fashion Trade Company B.V., within 7 days after the consumer has determined the defects.
- A reply regarding complaints submitted to a company will be provided within a period of 14 days, calculating from the date of receipt. If a complaint is expected to require a longer period of time for processing, then Fashion Trade Company B.V. will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
- A complaint doesn’t suspend the obligations of Fashion Trade Company B.V., unless the company indicates so in writing.
- If Fashion Trade Company B.V. the company will by his own choice either replace the delivered product free of charge or repair them.
ARTICLE 14 – Safety and Privacy
ARTICLE 15 – Disputes
- Exclusively Dutch law applies to contracts between the company and the consumer to which these General Terms and Conditions relate. Even when the consumer is living abroad.
- The CISG does not apply.
ARTICLE 16 – Additional stipulations
- When one or more of the stipulations of these General Terms or any other agreement with Fashion Trade Company B.V. might be in conflict with any applicable legal provision, the concerning stipulation will be eliminated and replaced by a new legally permissible stipulation, determined by Fashion Trade Company B.V.
When deviations of these conditions are allowed by Fashion Trade Company B.V., either for a long or short period or implicitly, is doesn’t affect the company’s right to demand direct and strict compliance with these conditions. The consumer can never claim any right by the fact that Fashion Trade Company B.V. applies these conditions in a flexible manner.
- Fashion Trade Company B.V. is authorized to utilize third parties with the implementation of the consumers orders.
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