Index:
Article 1 – Definition
Article 2 – Company Details
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Complaints
Article 13 – Disputes
Article 14 – Additional or deviating provisions
Article 1Definitions
In these conditions:
Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;Day: calendar day;Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and / or services, up to and including the conclusion of the agreement, use is only made of one or more techniques for distance communication;Durable data carier: any resource that enables the consumer or trader to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible;Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance, in this case MFO;Modelform: the model withdrawal form that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal;Reflection Period: the period within which the consumer can make use of his right of withdrawal;Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;Technology for remote communication: resource that can be used for concluding an agreement, without the consumer and trader being in the same place at the same time.Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2Company details
Name: My Fabulous Outfits
Adress: Antheunisstraat 46
Postal Code: 2522ZG
City: Den Haag (The Hague)
Country: The Netherlands
Telephone number: 0031 6 39 180 481
E-mailadress: service@myfabulousoutfits.com
KvK-number: 68150105 (Chamber of Commerce)
Btw-identification number: NL609993380B01 (VAT)
Article 3- Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.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, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.3. If the distance contract is concluded electronically, by way of deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can a simple way can be stored 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 observed electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.4. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs of the agreement apply and in case of conflict of general terms and conditions the consumer can invoke the applicable provision that is most favorable to him. 5. If one or more provisions in these general terms and conditions at any time in whole or in part are null and void or destroyed, then the agreement and these conditions remain valid and the stipulation in question will be replaced without delay by a provision that the scope of the original approached as much as possible.6. Situations that are not regulated in these general conditions must be assessed ‘in the spirit’ of these general conditions.7. Lack of clarity about the explanation or content of one or more provisions of our terms and conditions, should be explained ‘in the spirit’ of these general conditions.
Article 4 The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.3. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.4. All images, specifications and information in the offer are indicative and can not be a reason for compensation or dissolution of the agreement5. Images with products are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:o the price including taxes o the possible costs of shipment;o the manner in which the agreement will be concluded and which actions are necessary for this;o whether or not to apply the right of withdrawal;o the method of payment, delivery and execution of the agreement;o the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;o the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the communication tool used;o whether the agreement is archived after the conclusion and, if so, how it can be consulted by the consumer;o the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him under the contract and repair it if necessaryo any other languages in which, in addition to Dutch, the agreement can be concluded;o the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; ando the minimum duration of the distance contract in case of an extended transaction.
Article 5- The contract
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can terminate the agreement.3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.4. The entrepreneur can – within legal frameworks – inform 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 the entrepreneur on the basis of this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.5. With the product or service the entrepreneur will send 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 medium:o The visiting address of the business location of the entrepreneur where the consumer can go with complaints;o The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;o The information about guarantees and existing service after purchase;o The information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;o In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.o Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.2. During the reflection period, the consumer will handle the product and packaging carefully. She will only unpack or use the product to the extent that this is necessary to assess whether she wishes to keep the product. If he makes use of her right of withdrawal, she will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur, see ‘return policy’.3. If the consumer wishes to make use of his right of withdrawal, she is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of her right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.4. If the customer has not made known his / her right of withdrawal or his / her right of withdrawal after expiry of the terms mentioned in paragraphs 2 and 3. the product has not been returned to the entrepreneur, the sale is a fact.
Article 7 – Costs in case of withdrawal
1. If the consumer exercises her right of withdrawal, the costs of returning the goods are at the most.2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. Please note that we return the amount minus administration costs. However, the condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted.
Article 8 – Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3 of this article. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.2. Exclusion of the right of withdrawal is only possible for products:o that have been created by the entrepreneur in accordance with the specifications of the consumer;o that are clearly personal in nature;o that can not be returned due to their nature;o that can age quickly;o Discounted items for hygienic products of which the consumer has broken the seal. All bodysuits and accessories may not be returned for hygienic reasons.
Article 9– The price
1. During the validity period stated in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.2. Contrary to the previous paragraph, the entrepreneur can offer products whose prices are subject to fluctuations in the financial market and which the entrepreneur has no influence on, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are stated in the offer.3. The prices mentioned in the offer of products or services include VAT.4. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 – Conformity and warranty
1. The entrepreneur warrants that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Return of the products must be in the original packaging and in new condition.4. The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.5. The guarantee does not apply if:o he consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;o The delivered products are exposed to abnormal circumstances or otherwise careless handling or contrary to the instructions of the entrepreneur and / or on the packaging are treated;o The inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.
Article 11 – Delivery and execution
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services2. The place of delivery is the address that the consumer has made known to the company.3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than within 24 hours, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 3 days after placing the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.4. All delivery dates are indicative. The consumer can’t derive any rights from any periods mentioned. Exceeding a deadline does not entitle the consumer to compensation.5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can’t be excluded. The costs of any return shipment are for the account of the entrepreneur.7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
Article 12 – Complaints
1. The entrepreneur has a well-publicized complaints procedure (see ‘return policy’) and handles the complaint in accordance with this complaints procedure.2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 14 days, after the consumer has discovered the defects.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 foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.4. If the complaint can’t be resolved by mutual agreement, a dispute arises that is susceptible to the dispute resolution.5. In the event of complaints, a consumer must first turn to the entrepreneur. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.6. If a complaint is found to be well-founded by the trader, the trader will replace or repair the products at its option or the delivered products free of charge.
Article 13 – Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.2. The Vienna Sales Convention does not apply.
Article 14 – Additional or deviating provisions
Additional provisions or deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.