GENERAL TERMS AND CONDITIONS Maison Osé
ARTIKEL 1 -DEFINITIES
For the purposes of these terms and conditions, the following definitions shall apply:
Ancillary agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these items are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Door-to-door contract: a contract that extends to the regular delivery of goods, services and/or digital content for a certain period of time;
Durable medium: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which enables the unaltered reproduction of the stored information;
Right of withdrawal: the possibility of the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers (access to) digital content and/or services at a distance to consumers;
Distance contract: an agreement that is concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content and / or services, whereby until the conclusion of the agreement exclusive or partial use of one or more means of distance communication;
Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having met simultaneously in the same room.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Company name and business address:
Joost Banckertsplaats 163
3012 HJ Rotterdam
Chamber of Commerce number: 84582227
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the remote agreement is concluded, that the general conditions are available for inspection at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge. Translated with www.DeepL.com/Translator (free version)
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
ARTICLE 4 - THE OFFER
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
I cannot guarantee that the colors in the Webshop reflect the actual colors' of the cardigan or sweater. The colors may be displayed in different ways depending on, for example, your computer or phone screen, graphics card and computer settings.
ARTICLE 5 - THE AGREEMENT
The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may - within legal limits - obtain information about the consumer's ability to fulfill his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If the entrepreneur, on the basis of this research, has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract
ARTICLE 6 - RIGHT OF WITHDRAWAL
1. For products:
The consumer can dissolve a contract relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
2. De in lid 1 genoemde bedenktijd gaat in op de dag nadat de consument, of een vooraf door de consument aangewezen derde, die niet de vervoerder is, het product heeft ontvangen, of:
a. als de consument in eenzelfde bestelling meerdere producten heeft besteld: de dag waarop de consument, of een door hem aangewezen derde, het laatste product heeft ontvangen. De ondernemer mag, mits hij de consument hier voorafgaand aan het bestelproces op duidelijke wijze over heeft geïnformeerd, een bestelling van meerdere producten met een verschillende levertijd weigeren;
b. 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 the last part;
c. in case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
ARTICLE 7 - OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD
1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for depreciation in the value of the product that results from a way of handling the product that goes beyond what is allowed in paragraph 1.
3. The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or at the time of concluding the contract.
ARTICLE 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF
1. If the consumer makes use of his right of withdrawal, he shall unambiguously report this to the entrepreneur within the cooling-off period.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the period of 14 days has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return.
ARTICLE 9 - OBLIGATIONS OF THE TRADER IN CASE OF WITHDRAWAL
1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send an acknowledgement of receipt of this notification without delay after receiving it.
2. The entrepreneur shall reimburse the payment of the consumer, The cost of return shipment shall be borne by the consumer.
3.The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is at the expense of the consumer.
ARTICLE 10 - EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
2.Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person.
ARTIKEL 11 - PRICE
1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to rising prices of raw materials, increased shipping costs and/or changes in VAT rates.
2 The prices mentioned in the offer of products or services include VAT.
ARTICLE 12 - PERFORMANCE CONTRACT AND ADDITIONAL GUARANTEE
The entrepreneur guarantees that the products and / or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
3. By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.
ARTICLE 13 - DELIVERY AND EXECUTION
1. Maison Osé will take the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
2. If the delivery service is unable to deliver the package to the consumer due to the fault of the consumer (for example, by entering a wrong address or not being at home at the agreed time), the costs arising from resending the package will be charged to the consumer. This amount will be equal to the shipping costs that would initially be calculated for the indicated delivery location, the lapse of shipping costs at a certain order amount is in this situation no longer applicable.
3. The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders expeditiously but not later than within 30 days, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.
5. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
6. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
ARTICLE 14 - PAYMENT
1. You can pay in the webshop in several ways. You can pay in advance with Ideal, Paypal, Bancontact, Sofort Banking, EPS, credit card or Giropay.
2. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
3.In case of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
ARTICLE 15 - COMPLAINTS PROCEDURE
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2.Complaints about the implementation of the agreement must be submitted to the entrepreneur, fully and clearly described, within a reasonable time after the consumer has found the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months after the complaint was filed, a dispute arises that is subject to the dispute resolution procedure.
ARTICLE 16 - DISPUTES
1. Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law.
2. Disputes between the Consumer and the Entrepreneur about the formation or the performance of contracts related to products or services to be delivered or that have been delivered by this Entrepreneur can be submitted with the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague (www.sgc.nl) with due observance of the provisions set out below.
3. A dispute will only be taken into consideration by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable period.
4.No later than twelve months after the dispute arose, the dispute must be submitted in writing to the Disputes Committee.
5. When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. When the entrepreneur wants to do that, the consumer will have to speak out in writing, within five weeks after a written request made by the entrepreneur, whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the consumer's choice within the period of five weeks, then the entrepreneur has the right to submit the dispute to the competent court.
6. The Disputes Committee pronounces its judgment under the conditions as set out in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of a binding opinion.
7. The Disputes Committee will not deal with a dispute or will terminate the proceedings if the entrepreneur has been granted a suspension of payments, gone bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the session and a final ruling has been issued.
8. If, in addition to the Geschillencommissie Webshop, another recognized arbitration board or one affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) has jurisdiction, the Geschillencommissie Webshop shall have exclusive jurisdiction over disputes concerning mainly the method of distance selling or the provision of services. For all other disputes, the other disputes committees recognized by the SGC or Kifid.
Offers are valid while supplies last. Maison Osé is not bound by its offer if there are programming errors in its website.
Maison Osé cannot be held responsible for any additional charges, customs fees and taxes applicable in your country. This responsibility lies with the customer. If you have any questions, please contact your local customs or courier for more information.
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- Communication can only take place in Dutch, French, German and English.
– E-mailadres van Maison Osé is firstname.lastname@example.org.
– Adres: Maison Osé, Rotterdam