Terms and conditions
Article 1 - Definitions
Article 2 - Identity of the bussines
Article 3 - Applied to
Article 4 - The offering
Article 5 - The agreement
Article 7 - Costs in case of cancellation
Article 8 - Exceptions on cancelling order
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration of transactions, cancellation or delay
Article 13 - Payment
Article 14 - Complaint
Article 15 - Disputes
Article16 - Additional agreements
Article 1 - Definitions
Definitions in these conditions are known as:
- Cooling-off-period: the period of time wherein a consumer has time to use to withdraw the order;
- Consumer: a naturel or legal person who is not involved in a bussiness and who enters into agreement upon distance with the bussiness owner;
- Day: calenderday;
- Duration of transaction: a agreement upon distance to the products or services of which the delivery or taking of services is measured;
- Durable medium: every tool which enables the consumer or bussiness owner to save information on regarding the transaction or communication between both parties, to consult for future reproduction or consulting of information.
- Right to withdraw order: the right to cancel the order within set period and with agreement upon distance;
- Modelform: the modelform to enable right of cancellation which the bussiness owner will offer consumers and which consumers can fill out to cancel order when he/she wishes to cancel order.
- Bussiness owner: the natural or legal person which offers products and/or services upon distance;
- Agreement upon distance: the agreement within the realm of the bussiness owners organisation which offers services and/or products to consumers upon distance, where use is made from 1 or more communications techniques;
- Communication technique upon distance: tool to be used to enter into a agreement, where consumer and bussiness owner do not have to be in the same physical space.
- Terms and conditions: the terms and conditions of the bussiness owner.
Article 2 - Identity of the bussiness owner
La Rose Passementarie
Scheerderhof 40 5709 GM Helmond
E-mailaddress: [email protected]
KvK-nummer/Chamber of Commerce number: 17216285
VAT number: NL001139239B16
Artikel 3 - Applied to
- These terms and conditions apply to any of the bussiness owners agreements upon distance between the bussiness owner and the consumer.
- Before any agreement is made, the terms and conditions are made available to the consumer. In case that it is not possible that the consumer has acces to the terms and conditions, the agreement will be cancelled where upon the consumer can withdraw from the order without any additional costs.
- In case of an agreement upon distance which has been entered electronically, the terms and conditions can be offered to the consumer in this way and in a way that is easily accesible for the consumer. In case that it is not possible that the consumer has acces to the terms and conditions, the agreement will be cancelled where upon the consumer can withdraw from the order without any additional costs.
- In case that additional terms are enforced, than these will be mentioned in the terms and conditions. If there are contrary agreements mentioned in the terms and agreements, then the consumer has the right to chose to enfore the agreement in their advantage.
- In case these terms and agreements are partially or completly destroyed, then these terms and agreements still apply and a terms and agreements will be instated which comes close to the original terms and agreement.
- Situations which have not been mentioned in the terms and agreements must be agreed upon within the mindset of these terms and agreements.
- Unlcear terms and agreements must be explained within the mindset of these terms and agreements.
Article 4 - The offer
- In case a offer has a limited period of being available or has seperate conditions then mentioned with the terms and agreements, then these will be mentioned with said offer.
- The offer is non-binding and the bussiness owner is within right to change or cancel the offer.
- The offer contains a accurate description of offered products and/or services. The description is detailed and true to word for any consumer to make a valid use of products or services. If the bussines owner makes use of images, these are true to offered product or services. Unknown mistakes and misconceptions in the offers do not bind the bussines owner.
- All images, specifications in the offers are an indication and cannot result into a withdrawel of order or any compensation.
- Images with products are true to product and offer. Bussiness owner cannot guarantee exact colors to match with offered products.
- Every offer contains the neccesary information, which makes it clear to the consumer what his/her rights and obligations are, with accepting the offer. This especially applies to:
- the price including taxes;
- the eventual costs of shipping;
- the way on how the agreements is made and which actions are neccesary;
- the right of withdrawel of offer;
- the way of payment, delivery and excecution of agreement;
- the term for accepting the offer, or the term for which the bussiness owner guarantees the pricet;
- the height of the price for communication upon distance, in case the technique for communication is on basis of a paid service;
- if the agreement after completion will be archived and in which way the consumer has access to this;
- the way in which the consumer, before going into agreement, can check the details of the agreement and make any changes in case neccesary;
- the eventual other langauge, if offered by the bussines owner, besided Dutch, the agreement can be made in;
- the code of conduct to which the bussines owner is held to account and the how the consumer can acces this;
- the minimal duration of the agreement upon distance in case of a extended transaction.
Optional: available sizes, colors, different materials.
Article 5 - The agreement
- The agreement comes into play the moment the consumer agrees to terms and conditions and has been made aware of the terms and conditons.
- In case the consumer agrees to the offer via the electronic way, the bussines owner accepts agreement. As long as the offer hasn't been agreed upon by the bussines owner, the consumer can withdraw from the offer.
- In case the agreement is made via the electronic way, the bussines owner will use fitting technical and organisatorial meausres to secure the electronic agreement of date and takes care of a safe web environment. If the consumer cane pay via the electronic way, then the bussines owner will need to ensure a safe environment for electronic payment.
- The bussines owner can, within the law, notify the consumer of his/her payment obligations, as well as the facts and factors which apply to the responsible adherence to agreement upon distance. In case the bussines owner concludes that the terms and agreements are not being followed by the consumer, the bussines owners has the right to cancel the agreement or adhere to special requests made by the consumer.
- The bussines owner will offer the following information, in writing or in any way so the consumer has reasonable acces and the option to save said information:
a. the visiting address of the bussines location where consumers can file any complaint;
b. the conditions and steps neccesary to use the right of withdrawel or notify consumer when the right of withdrawel does not apply;
c. the information on guarantees and service after prurchase of product of service;
d. the in artikcle 4 lid 3 mentiond condtions, unless bussines owner has already notified consumer of these conditions prior to execution of agreement;
e. the neccesary conditions to cancel agreement, in case the agreement has a duration of time of 1 year or of infinite duration.
- In case of a time of duration the terms of the previous agreement is only applicable to the first delivery.
- Any agreement that falls under suspensory conditions of the availability of said products.
Article 6 - The right of withdrawel
With delivery of products:
- With the purchase of products the consumer has the possibilty to withdraw from agreement without reason within 14 days of entering into agreement. This period goes into effect upon the day of receiving the product by the consumer or with a by the consumer representative which has been notified to the bussiness owner. The right of withdrawel of the order does not apply to cut or made to order products and products with hygienic conditions. As well as products ordered at the special bequest of the consumer.
2. During the coolin-off-period the consumer will take care of the product and packaging. The consumer is only allowed to unwrap product when neccesary to test if product functions or will be kept by the consumer. For hygienical reasons stockins and gloves cannot be returned and/or exchanged. The same applies to any product which has been cut or ordered at the bequest of the consumer. In case the consumer wiches to withdraw from the agreement, the consumer will return product with intact packaging and in original condition, where possible, by degree of the bussines owners instructions. With purchasing of products the consumer has the possibilty to withdraw from agreement within 14 days of going into agreement without any reason. This period commences on the day of delivery of product by consumer or by the consumer representative which has been notified to the bussiness owner. The right of withdrawel of the order does not apply to cut or made to order products and products with hygienic conditions. As well as products ordered at the special bequest of the consumer.
3.With pruchase of products the consumer has the option to withdraw from agreement without reason within 14 days. The cooling-off-period goes into effect upon the day of receiving the product by the consumer or with a by the consumer representative which has been notified to the bussiness owner. The right of withdrawel of the order does not apply to cut or made to order products and products with hygienic conditions. As well as products ordered at the special bequest of the consumer.
4. When the consumer wishes to withdraw from the order, he/she is obiligated to do so within 14 days after receiving said order and must notifiy the bussines owner. Notifying the bussines owner must be down with the modelform. After consumer has notified the bussines owner to use the right of withdrawel, the consumer will be obligated to return items within 14 days of receing said order. The consumer needs to prove that items have been returned within the obiligated period, for example with proof of shipping.
5. In case the consumer does not use the right of withdrawel within the time mentiond in lid 2 and 3 and adhering to the terms and conditions, the sale is final.
6. In case the consumer has used free shipping from a certain amount spend as mentioned in the webshop and returns and exchanges part of the order, which results in a lower amount than the amount required for free shipping, the initial shipping costs will be deducted from the refund.
Article 7 - Cost in case of withdrawel of agreement
- In case the consumer wishes to use the right of withdrawel of agreement, the costs will apply to the consumer.
- In case the consumer has paid for the order, the bussines owener will expediently refund paid order within 14 days of being notified of the righ of withdrawel. The condition to this refund is the receiving of the order by the bussines owner.
- With exchanging products such as shoes, boots, shoe buckles, fans, unworn hats, products in closed packaging and which have not been especially orderd at the bequest of the consumer, shipping costs are not refunded by the bussines owner from the placing of the order, to or from the bussines owner and consumer.
- In case the consumer has used free shipping from a certain amount spend as mentioned in the webshop and returns and exchanges part of the order, which results in a lower amount than the amount required for free shipping, the initial shipping costs will be deducted from the refund.
Article 8 - Exception of right of withdrawel
- The bussines owner has the right to exclude products as described lid 2 en 3. The exclusion of the right of withdrawel is only valid if consumer has been notified before going into agreement with consumer. Notification is the offering of the terms and agreements before consumer enters agreement.
- Exclusion of the right of withdrawel applies to the following products:
a. products especially requested from the bussiness owner by the consumer;
b. which are personal by nature;
c. which cannot be returned to the nature of the product;
d. which can rapidly age or expire;
e. of which the products are subject to changes within the financial market of which the bussines owner has no say in;
f. for loose newspapers or magazines;
g. for audio- or video-recording and computersoftware of which the consumer has broken the seal.
h. in case of hygiënic products of which the consumer has broken the seal or tried on, gloves and stocking cannot be returned and/or exchanged.
- exeption of the of the right of withdrawel are services:
a. regarding accomadtion, transportation, restaurants or leisure activities for a set date and/or period;
b. of which the delivery has been explictely agreed upon by the consumer before the cooling-off-period has ended;
c. concerning bets or lotteries.
Article 9 - Price
- During the mentioned period of the offer prices and offered products and/or services will not increase in price, unless there are changes in VAT.
- In derogation of precious mentioned are products or services offered by the bussines owner of which the price is dependant on the financial market in which the bussines owner has no influence. These fluctuations in price are notified to the consumer at the time when agreement has been made.
- Price increasements within 3 months after agreement has take place is only allowed in accordance to changes in the law.
- Price increasements 3 months after agreement takes place can only be enforced, if bussines owner enforces price increasement, under the following conditions:
a. these are subject to changes in the law; or
b. the consumer has the righ to withdraw from the agreement on the day price increasement takes place when.
- The products or sercies in the agreement are including VAT.
- All prices are subject to missprints. No consequences of misprints will befall the bussines owner. The bussines owner is under no obiligation to offer said product for the missprinted price.
Article 10 - Conformity and Guarantee
- The bussines owner is responsible for the state of the the products and/or services confirm the agreement specifications, use and the date on which the agreement has been made under law, terms and agreements. The bussines owner also states that any product of the agreement can be used for normal use.
- A by the bussines owner, importer or manufacturar offered guarantee does not exclude the consumers rights as stated by the law.
- Any defects or wrongly delivered products need to be notified in writing to the bussines owner within 4 weeks after deliver. Return of products can only be done with product in original packaging and in mint condition.
- The guarantee period of the bussines owner complies with the manufacturers guarantee period. The bussines owner is never responsible for the suitability of the products for indvidual use by the consumer, nor for any advice for using the products.
- The guarantee does not apply when:
- The consumer has repaired and/or altered the products his/herself or by third parties;
- The delivered producten have been exposed to abnormal conditions or in any way careless handling or handeling the products against the terms set by the bussines owner or when packaging has been damaged;
- The incompetence wholly or partially by the government set by obiligations concerning the quality of the applied materials.
Article 11 - Delivery and execution
- The bussines owner will take the greatest care with the acceptance and execution of the order for said products and/or services.
- The place of delivery is subject to the address as notified by the consumer to the bussines owner.
- Due regard is taken to parapgraph 4 of this article, the bussines will accept and partially or wholly excecute the order with due speed, no more than 30 days after placement of order by consumer. Unless consumer has agreed to a longer period. If these terms or not met, the consumer has the right to withdraw from agreement without any costs charged to the consumer. The consumer has no right to compensation.
- All delivery terms are indicitive. The consumer cannot claim rights to the mentiond period and has no right to compensation.
- In case of withdrawel of agreement confrom paragraph 3 of this article the bussines owner will refund the consumer as soon as possible within 14 days of withdrawel of agreement.
- In case delivery of ordered product is impossible, the bussines owner will do all he/she can to offer a replacement article. Not later than the day of delivery will the consumer be notified in a clear way that a replacement article has been send. With replacement articles the right to withdraw from agreement cannot be denied. The costs of an eventual return will be paid by the bussines owner.
- The risic of the damaging or missing products lies with the bussines owner untill the delivery with the consumer or with a by the consumer representative which has been notified to the bussiness owner, unless otherwise agreed upon.
Article 12 - Extended duration transactions
- The consumer who has entered an agreement for undefined period and which applies to a constant delivery of products (electricity included) or services, can be cancelled whenever the consumer wishes with regard to the agreed upon terms and with a cancellation period of at least 1 month.
- The consumer can differ from afore mentioned terms in case of:
- terminating products and/or servies without limitation for time or period;
- terminate in the same mater as the services/products have agreed upon;
- terminate in the manner of the bussines owners terms.
- A agreement for a defined period which applies to a constant delivery of products (electricity included) or services, cannot be extended without notice for a defined period.
- An exception to the previous paragraph is a constant delivery of daily-news-weekpapers or magazines, which can be exteneded by no longer than 3 months without notification as long as the consumer can cancell agreement with a cancellation period of at least 1 month.
- An agreement made for a defined period which applies to a constant delivery of products or services can only be extended without notification with a cancellation period of at least 1 month or 3 months when the agreement applies to a daily-news-weekpapers or magazines which is delivered less than once a month.
- An agreement for an introduction to a daily-news-weekpapers or magazines (trail subscription) cannot be extended without notification and will automatically end after the trial subscription ends.
- If the agreement covers more than 1 year, the consumer is allowed to end the agreement after 1 year with a cancellation period of at least 1 month, unless otherwise agree upon.
Article 13 - Payment
- Unless otherwise agreed upon, the consumer is obligated to fulfull payment within 3 working days after the period for the right of withdrawel as mentioned in paragraph 7 , and article 6 pragraph 1 has commenced. In case of an agreement to offer a service, this period takes place after the consumer has received confrimation of agreement.
- The consumer has the obligation to inform the bussines owner of any errors or inacuracies in the mentioned payment details suplied by the bussines owner.
- In case of non-payment of the consumer, the bussines owner has the legal right according to the law to inform and charge the consumer with added costs, within reason.
Article 14 - Complaints
- The bussines owner has a known complaint procedure and will act according this procedure.
- Complaints about the execution of the agreement must be clearly and fully described and given notice of by the consumer with the bussines owner, when any discrepancies occur within 7 days.
- Any given complaint with the bussines owner must be dealt with within 14 days of the date of notification. When a complaint has a longer solution time, the bussines owner must inform the consumer within 14 days after complaint is filed with an indication of the time needed to solve complaint.
- In case the complaint cannot be solved between the bussines owner or consumer, the complaint can be solved with an arbitration commitee.
- With complaint the consumer will firstly have to contact the bussines owner. A complaint does not release the bussines owner of any obligations, unless otherwise agreed upon in writing.
- In case the complaint is founded by te bussines owner, the bussines owner will by choice replace or refund product.
- Before, during and after the complaint has been filed by the consumer, the consumer has no right to publically vilify the company or use the company's name in any besmirching online or offline. If the consumer does besmirch or vilify the bussines owner, legal actions against the consumer will be taken, any resulting costs will be paid by the consumer. The same applies for the bussines owner.
Article 15 - Disputes
- Any agreements between the bussines owner and consumer are subject to Dutch law. Even when consumer does not live in the Netherlands.
- The Vienna Consumer Treaty does not apply.
Article 16 - Additional agreements
Additional agreements cannot be to the disadvantage of the consumer and need to be made available to the consumer in the same way the agreement is made and in a way that the consumer can save the agreement on a durable tool.