Terms and Conditions
Terms and Conditions for the Online Boutique Maison M’Elise
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
- Supplementary Agreement: this is an agreement, in which the consumer procures products and/or services by a distant agreement and these products and/or services are supplied by the business owner or by a third party, assigned by an agreement between the business owner and that third party.
- Cooling-off Period: the period in which the buyer can use his/her right of withdrawal.
- Consumer:the natural person who, not trading for his own business, enterprise, craft or industry activities, buys fashion articles or shoes from the business owner or returns those for repair to the business owner.
- Day: Calendar Day.
- Digital content: Data, which are produced and delivered in digital format.
- Durable medium: Every tool – also including e-mail – which allows the consumer or business owner to store personally addressed information in a way, which enables future consultation or use of unaltered reproduction of the stored information during a period, which is attuned to the purpose of the destined information.
- Right of withdrawal: the possibility of the consumer to renounce the distant agreement within the cooling-off period.
- Business owner: de natural or legal person, who offers products and/or services to consumers via a distant agreement.
- Distant Agreement: an agreement, concluded between the business owner and consumer within the context of an organised system for distant sale of products and/or services, which are using, only or partly, one or more technologies for distant communication for concluding the agreement.
- Model form for withdrawal: the standard European for withdrawal, attached as Appendix I at the end of Terms and Conditions.
- Product(s): bridal and fashion articles which includes other articles that are sold by the entrepreneur in the online boutique.
- Technologies for distant communication: Ways that can be used to conclude an agreement, without the necessity of the consumer and business owner to be present at the same time in the same place.
Article 2 – Identity of the business owner
Name of business owner: Maaike Elise Stofferis
Established address: Maison M’Elise, Tak van Poortvlietstraat 39B1, 3038NW, Rotterdam
Visiting address: same as established address
Telephone number: +31 (0) 64866019
E-mail address: email@example.com
VAT-identification number: NL002258794B90
Article 3 – Applicability
- These terms and conditions are applicable on distant agreements, between business owner and consumer, for the sale or the creation/repair of products.
- Before a distant agreement is concluded, the text of these terms and condition will be made available to the consumer. If for any reason this cannot be done, the business owner will indicate in what way the terms and conditions can be examined at the business owner’s address or sent to the consumer as soon as possible and free of charge, before the distant agreement will be concluded.
- By derogation of article 3.2, the distant agreement can be concluded electronically. In that case, the text of the terms and conditions can be made available to the consumer electronically in such a way that these can be stored by the consumer on a durable medium. If this is for any reason not possible, the business owner will indicate where the terms and conditions can be examined electronically, before the distant agreement is concluded. Alternatively, on request of the consumer, these can be sent electronically or via another method, free of charge.
Article 4 – The Offer
- An offer has a validity of two weeks, counted from the date of receival, unless it is agreed differently, as stated in the offer.
- The offer will contain a complete a detailed description of the offered products and/or services. The description will be sufficiently detailed to ensure the consumer a good review of the offer. If the business owner is using illustrations, they will be truthful representations of the offered products and/or services. However, evident errors or mistakes in the offer, will not be legally binding for the business owner.
- In any case, the business owner will mention in the offer:
- The cooling-off period of 14 days or, in case of an exclusion of the right of withdrawal, the fact of this exclusion and the reason for this.
- The calculation of additional telephone costs over and above the base tariff, regarding contacts about the agreement.
- Every offer will contain such information, that it will be clear to the consumer what the rights and obligations are, linked to acceptance of the offer.
Article 5 – The Agreement
- Under proviso of what is stated in article 4, the agreement comes into being at the moment of accepting the offer and complying to the prescribed conditions by the consumer.
- If the consumer has accepted the offer electronically, the business owner will immediately confirm receipt of the acceptance of the offer electronically. As long as the business owner has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
- If the agreement is concluded electronically, the business owner will take appropriate technical and organisational measures to secure the electronic data transfer and he will ensure a safe web environment. If the consumer can pay electronically, the business owner will take appropriate security measures.
- Within legal frameworks, the business owner will get informed whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the business owner has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
- The business owner will send the following information to the consumer at the latest on delivery of the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the establishment of the business owner where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information regarding warranties and the existence of after sale service;
d. the price including all taxes of the product and, where applicable, the costs of delivery; the method of payment, delivery or implementation of the distance agreement.
e. if the consumer has the right of withdrawal, the model form for withdrawal.
Article 6 – The Right of Withdrawal
- The consumer can terminate an agreement concerning the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The business owner may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s).
- The cooling-off period referred to in article 6.1 starts 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, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The business owner may refuse an order for several products with a different delivery time, provided that he/she has clearly informed the consumer prior to the ordering process.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
- If the business owner has not provided the consumer with the legally required information about the right of withdrawal and the model form for withdrawal, the cooling-off period ends twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article. As soon as the entrepreneur still meets his obligation to provide information regarding the withdrawal period and provides the model withdrawal form, the cooling-off period expires 14 days after the day on which he did so.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature and characteristics of the product. The starting point will be that the consumer keeps all labels, price tags, stickers and such attached to the product and that the consumer only fits the product and does not wear / use it.
- The consumer is liable for the reduction in value of the product if the provisions of article 7.1 are not met.
- The consumer is not liable for the reduction in value of the product if the business owner has not provided him/her with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and the corresponding costs
- If the consumer exercises his right of withdrawal, he must report this to the business owner within the withdrawal period by means of the model form for withdrawal or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in article 8.1, the consumer returns the product or hands it to (an agent of) the business owner, unless the business owner has offered to pick up the product himself. The consumer will in any case observe the return period, if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the business owner.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the business owner has not reported that the consumer must bear these costs or if the business owner indicates to bear the costs himself, the consumer does not have to bear the costs for return.
- If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of the business owner in case of withdrawal
- If the business owner enables the consumer to withdraw electronically, he will immediately send a confirmation of receipt upon receipt of this notification.
- The business owner will reimburse all payments made by the consumer, including any delivery costs charged by the business owner for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the business owner offers to collect the product him/herself, he/she may wait to pay back until he/she has received the product or until the consumer can demonstrate that he/she has returned the product, whichever is the earlier.
- The entrepreneur will use the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the business owner does not have to pay back the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The business owner can exclude the right of withdrawal for products that are manufactured according to the consumer's specifications, that are not pre-fabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person. The business owner can also exclude the right of withdrawal for sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery. However, this is only possible if the business owner has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Article 11 – The price
During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes as a result of changes in statutory regulations or provisions (e.g. VAT rates). Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the business owner has stipulated this and the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices of products or services, stated in the offer include VAT.
Article 12 – Compliance of the agreement and extra warranty
- The business owner guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and/or governmental regulations, existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- The business owner is not responsible for defects and consequential damage that have arisen after the delivery of the product(s) as a result of improper use or lack of care, or that are the result of changes or repairs that the consumer or third parties have adapted to the product(s).
- Every shortcoming of the business owner in the fulfilment of his/her obligations gives the consumer the power to dissolve the agreement in whole or in part, unless the shortcoming -in view of its special nature or limited significance - does not justify this dissolution with its consequences. Insofar as compliance is not permanently or temporarily impossible, the power to dissolve the agreement only arises when the failing party is in default.
- If the business owner is in default, the consumer may inform him in writing to demand replacement compensation instead of compliance. This conversion is not possible if the shortcoming - given its minor significance - does not justify it.
- An additional guarantee, provided by the business owner, his/her supplier, manufacturer or importer, never limits the legal rights and claims that the consumer can assert against the business owner pursuant to the agreement if the business owner has failed to comply with his/her part of the agreement. An extra guarantee is understood to mean any commitment of the business owner, his/her supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to comply with his part of the agreement.
Article 13 – Delivery and execution
- The business owner will take the greatest possible care when receiving and executing product orders.
- The place of delivery is the address that the consumer has made known to the business owner.
- Taking into account what is stated about this in article 4 of these general terms and conditions, the business owner will deliver expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he/she has placed the order, or if another delivery time has been agreed, no later than the last day of the delivery time. In that case, the consumer has the right to give the business owner notice of default and to give him/her a reasonable further period for delivery. If delivery does not take place even then, the consumer has the right to terminate the agreement without costs and is entitled to any compensation. The consumer can immediately dissolve the agreement without a further term if delivery within the original delivery time is essential or if the consumer has stated when concluding the agreement that this is essential. A notice of default is not required if the delivery has become permanently impossible or it has otherwise become apparent that the business owner will not fulfil his obligations.
- After dissolution in accordance with the previous paragraph, the business owner will immediately refund the amount that the consumer has paid.
- The risk of damage and / or loss of products rests with the business owner until the moment of delivery to the consumer or a representative, designated in advance and made known to the business owner, unless explicitly agreed otherwise.
- The business owner can reserve the ownership of all products supplied by him/her. The consumer only becomes the owner of the purchased products if he has fully paid the purchase price and any surplus due to the business owner.
- The business owner can exercise the right of retention (holding back) if the consumer fails to meet a due and payable obligation, unless the failure does not justify this retention.
Article 14 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
- In a consumer purchase, the consumer may never be obliged in general terms and conditions to pay in advance more than 50%. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s), before the stipulated advance payment has been made.
- The consumer has the duty to immediately report inaccuracies in provided or specified payment data to the entrepreneur.
- If the consumer does not meet his/her payment obligation(s) in time, the business owner will point out the late payment and the business owner allows the consumer an additional period of 14 days to still meet his payment obligations. If payment is still not made, the consumer owes the statutory interest on the amount still due and the entrepreneur may charge the extrajudicial collection costs incurred by him. These collection costs will amount to a maximum of:
- 15% on outstanding amounts up to € 2,500
- 10% over the following € 2,500
- 5% over the following € 5,000 with a minimum of € 40
Article 15 – Complaint Procedure
Unless otherwise agreed, the following applies as a complaint procedure of the business owner:
- Complaints about defects in the implementation of the agreement must be submitted to the business owner fully and clearly described and as quickly as possible, but no later than within two months after the defects have been established.
- At the request of the business owner, the consumer must demonstrate that the agreement, to which the complaint relates, has been concluded with the business owner.
- Complaints submitted to the business owner will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the business owner will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
Article 16 – Disputes and applicable law
Disputes between the consumer and the business owner about the formation or implementation of agreements with regard to products and services, which will be supplied or have been supplied by this business owner can only be submitted to the competent court.
Agreements between the business owner and the consumer, to which these general terms and conditions apply, are exclusively governed by Dutch law.
Article 17 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions must be laid down in writing in such a way that the consumer can store them in an accessible manner on a durable medium.