General conditions
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability.
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of right of withdrawal.
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Retention of title.
Article 18 - Other provisions
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions shall apply:
1.1 Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the operator or by a third party on the basis of an arrangement between that third party and the operator;
1.2 Reflection period: the period within which the consumer can exercise his right of withdrawal;
1.3 Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
1.4 Day: calendar day;
1.5 Digital content means data produced and delivered in digital form;
1.6 Contract for an indefinite period of time: an agreement for the regular supply of goods, services and/or digital content for a specified period of time;
1.7 Durable data carrier: any device - including e-mail - that enables the consumer or entrepreneur to store information 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 that allows unaltered reproduction of the stored information;
1.8 Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;
1.9 Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance;
1.10 Distance contract: a contract concluded between the trader and the consumer under an organized system for distance selling of products, digital content and / or services, where up to and including the conclusion of the contract exclusive or joint use is made of one or more means of distance communication;
1.11 Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Shop Est'Seven
Raasdorperweg 185 N, 1075 KV Amsterdam
Email address: spjfashionagency@outlook.com
Chamber of Commerce number: 73686069
ARTICLE 3 - APPLICABILITY
3.1These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
3.2 Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate in what way the general conditions can be inspected at the entrepreneur and that, at the request of the consumer, they will be sent free of charge as soon as possible.
3.3 If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
3.4 In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to him.
ARTICLE 4 - THE OFFER
4.1 If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
4.2 The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4.3 Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.
ARTICLE 5 - THE AGREEMENT
5.1 The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
5.2 If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
5.3 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
5.4 The entrepreneur may within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5.5 The Entrepreneur will include the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content to the consumer:
a. the e-mail address of the entrepreneur to which the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of 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 cost of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
5.6 In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
For products:
6.1 The consumer may dissolve an agreement relating to the purchase of a product during a 14-day cooling-off period without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
6.2 The cooling-off period referred to in paragraph 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:
For services and digital content not delivered on a tangible medium:
6.1 The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for 14 days without giving any reason. The operator may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
6.2 The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
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, received the last shipment or part;
c. for contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, received the first product.
ARTICLE 7 - OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD
7.1 During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
7.2 The consumer is only liable for depreciation of the product resulting from handling the product beyond what is permitted in paragraph 1.
ARTICLE 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF
8.1 If the consumer exercises his right of withdrawal, he notifies the entrepreneur within the reflection period by sending an e-mail to spjfashionagency@outlook.com in which he states at least:
a. the reason for exercising his right of withdrawal
b. the order number of the order to which the revocation applies
c. the products and/or services for which he wishes to exercise his right of withdrawal
8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
8.3 The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
8.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
8.5 The consumer shall bear the direct cost of returning the product. for return shipment not to bear.
8.6 If the consumer revokes after having first expressly requested that the provision of the service not made ready for sale in a limited volume or certain quantity begin during the withdrawal period, the consumer shall owe the entrepreneur an amount proportional to that part of the commitment fulfilled by the entrepreneur at the time of revocation, compared to the full fulfillment of the commitment.
8.7 If the consumer exercises his right of withdrawal, all additional contracts shall be dissolved by operation of law.
ARTICLE 9 - OBLIGATIONS OF THE ENTREPRENEUR IN THE EVENT OF WITHDRAWAL
9.1 If the entrepreneur enables the consumer's notification of withdrawal by electronic means, he will send a confirmation of receipt without delay after receiving this notification.
9.2 The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with refunding until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
9.3 For reimbursement, the entrepreneur uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
9.4 If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
ARTICLE 10 - EXCLUSION OF RIGHT OF WITHDRAWAL
The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur stated this clearly in the offer, at least in time for the conclusion of the contract:
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
- Contracts concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the operator to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
- Service agreements, after full performance of the service, but only if:
a. performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
- Package tours as referred to in Article 7:500 BW and contracts of passenger transport;
- Service contracts for provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transportation of goods, car rental services and catering;
- Contracts related to leisure activities, if the contract provides for a specific date or period of performance thereof;
- Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products that after delivery are by their nature irrevocably mixed with other products;
- Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, magazines or journals, excluding subscriptions thereto;
- The provision of digital content other than on a tangible medium, but only if:
a. performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.
ARTICLE 11 - THE PRICE
11.1 During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
11.2 Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
11.3 Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
11.4 Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they result from statutory regulations or provisions; or
b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
11.5 The prices mentioned in the offer of products or services include VAT.
ARTICLE 12 - FULFILLMENT OF AGREEMENT AND ADDITIONAL WARRANTY
12.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
12.2 The entrepreneur does not guarantee that the product is suitable for other than normal use.
12.3 An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
12.4 Additional warranty means any commitment by the entrepreneur, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in case it has failed to fulfill its part of the agreement.
ARTICLE 13 - DELIVERY AND EXECUTION
13.1 The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
13.2 The place of delivery is the address that the consumer has made known to the entrepreneur.
13.3 Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without cost and the right to possible compensation.
13.4 After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer minus the shipping costs.
13.5 The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
ARTICLE 14 - DURATION TRANSACTIONS: TERMINATION, RENEWAL AND DURATION
Termination:
14.1 The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period not exceeding one month.
14.2 The consumer may terminate an agreement entered into for a definite term, which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite term, subject to agreed termination rules and a notice period not exceeding one month.
14.3 The consumer may cancel the agreements mentioned in the previous paragraphs:
a. terminate at any time and not be limited to termination at a particular time or period;
b. terminate at least in the same manner as they were entered into by him;
c. always terminate with the same notice as the entrepreneur has stipulated for himself.
Extension:
14.4 An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
14.5 Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
14.6 A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period not exceeding one month. The notice period shall not exceed three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
14.7 A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration:
14.8 If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
ARTICLE 15 - PAYMENT
15.1 Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer receives the confirmation of the agreement.
15.2 When selling products to consumers, general terms and conditions may never oblige the consumer to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
15.3 The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
15.4 If the consumer does not timely meet his payment obligation(s), he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, over the outstanding amount the legal interest and the entrepreneur has the right to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. The entrepreneur can deviate from the mentioned amounts and percentages for the benefit of the consumer.
ARTICLE 16 - COMPLAINTS PROCEDURE
16.1 The entrepreneur shall have a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this complaints procedure.
16.2 Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
16.3 Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
ARTICLE 17 - RETENTION OF TITLE
Ownership of the products delivered is transferred to the consumer only after he has paid the total amount due to the entrepreneur. The risk of the products passes to the consumer at the time of delivery.
ARTICLE 18 - ADDITIONAL PROVISIONS
18.1 Contracts between the entrepreneur and the consumer to which these general conditions relate are exclusively governed by Dutch law.
18.2 The Contractor is entitled to amend these general terms and conditions. Amendments to these terms and conditions are only effective after they have been published, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.
SHOP EST'SEVEN
KVK: 83254595