Article 1 - Company information
Article 2 – Definitions
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Prices
Article 8 – Payment by consumer
Article 9 – Shipping & delivery
Article 10 – Complaints
Article 11 – Force majeure
Article 12 – Intellectual property rights
Article 13 – Privacy
Article 14 – Availability
Article 15 – Miscellaneous
Article 16 – Governing law and jurisdiction
1 - Company information
Company Name: hands and legs. B.V.
Trade name: Gardrobe Store
Registered address: Barth van Bassenstraat 2, 5622 CT Eindhoven
Telephone number: 0031 625454317
Email address: firstname.lastname@example.org
Chamber of Commerce number: 61827401
VAT identification number: NL854505763B01
2 – Definitions
The following definitions apply in these terms and conditions:
- Agreement: an agreement in which a consumer obtains products, digital content and/or services via an agreement, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader.
- Withdrawal period: the period within which a consumer can make use of his right of withdrawal.
- Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business.
- Day: calendar day unless otherwise stated.
- Digital content: data that are produced and supplied in digital form.
- Extended duration transaction: an agreement relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
- Durable medium: every means - including emails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for a consumer to waive an agreement within the withdrawal period.
- Trader: a natural or legal person who legally represents hands and legs B.V. and/or Gardrobe Store, and who offers products, (access to) digital content and/or services to consumers from a distance.
3 – Applicability
- These general terms and conditions apply to every offer made by a trader, hands and legs B.V. and/or Gardrobe Store and to every agreement that has been realized between a them and a consumer.
- By placing an order the consumer agrees to be bound by these General Terms and Conditions.
- Prior to the conclusion of an agreement, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the agreement is made, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent to the consumer, as quickly as possible, at the consumer’s request.
- These General Terms and Conditions supersede any previous general terms and conditions for the sale and delivery of products concluded through the Gardrobe store webshop.
- Garderobe Store disclaims all other terms and conditions, general or otherwise, and rejects in advance any other terms and conditions which may be referred to by the consumer or any other third party.
4 - The offer
- If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
- Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.
- An offer is subject to availability. If a product is out of stock, despite appearing on the Gardrobe store webshop, Gardrobe store may cancel a confirmed order. In such event the consumer will be informed by email and any payments with respect to the order will be refunded.
5 - The agreement
- The agreement will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
- If the consumer has accepted the offer, the trader will confirm receipt of acceptance of the offer via an automated message.
- The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the agreement.
- Gardrobe store reserves the right to reject or cancel an order, without being liable for any damages or costs in (among others) the following situations:
- - The product is not available or the product is out of stock;
- - The consumer’s billing information is not correct or not verifiable;
- - Gardrobe store has reason to believe the consumer is a reseller;
- - There was an error in the price displayed on Gardrobe store’s website;
- - Gardrobe store cannot deliver to the shipping address provided by the consumer.
In such an event the consumer will be informed by email and any payments with respect to the order will be refunded.
6 - Right of withdrawal
- When purchasing products, a consumer has the right to dissolve an agreement, without giving reasons, during a period of maxiumum 14 days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
- The period stipulated in para. 1 commences on the day on which the consumer acquires physical possession of the ordered product (or a third party designated by the consumer), who is not the transporting party, or:
- if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.
- if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;
- To exercise the right of withdrawal, the consumer must inform Gardrobe store of his or her decision to withdraw from the agreement by requesting a return via a written statement to email@example.com within the withdrawal period. To meet the withdrawal deadline, it is sufficient for the consumer to request a return with Gardrobe store before the withdrawal period has expired. After approval and further instructions by Gardrobe store, the product may be returned.
- Consumers’ obligations during the withdrawal period:
- During the withdrawal period, the consumer shall treat the product and its packaging with care. He or she shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The basic principle here is that the consumer may only handle and inspect the product in the same way that he would be allowed to in a shop.
- The consumer is liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. 1.
- If the consumer exercises his right of withdrawal, the consumer will return the product to Gardrobe store at his or her own risk and expense, without undue delay and in any event no later than 14 calendar days from the day on which the consumer communicated his decision to withdraw to Gardrobe store. This deadline is met if the consumer sends back the product before the withdrawal period of 14 calendar days has expired. If the consumer is located outside the European Union, the consumer shall declare the returned Product as “Returns and Repairs of Dutch Merchandise” on the customs declaration.
- The consumer shall return the product with all delivered accessories and in the complete and original state and, to the extent possible, in its original packaging. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- If the consumer timely exercises its right of withdrawal, Gardrobe store will reimburse the relevant payments received from the consumer, including the costs of delivery, without undue delay and in any event no later than 14 calendar days from the day on which Gardrobe store is informed of the consumer’s decision to withdraw from the agreement. Gardrobe store may withhold the reimbursement until Gardrobe store has received the product back, or until the consumer has supplied adequate evidence of timely having sent back the product, whichever is earliest. Gardrobe store will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise.
- Notwithstanding paragraph 7.7 above, Gardrobe store will not reimburse the delivery costs if the consumer opted for a type of delivery other than the least expensive type of standard delivery.
- Gardrobe store is entitled to refuse to accept a returned product and the reimbursement of payments if the consumer does not comply with the instructions of this clause 6.
7 - The price
- All prices quoted on the Gardrobe store website are in Euros and include VAT (BTW).
- Gardrobe store reserves the right to change the prices quoted on the Gardrobe store website without notice. Gardrobe store will not be liable to the customer or any third party for price changes.
- Shipping and delivery rates are applied per order. All costs in connection with shipment import and export duties and excise, as well as all other levies or taxes imposed or levied in respect of the product, the shipping and customs clearance shall be at the consumer’s expense. Such costs or expenses which have been paid by Gardrobe store, shall be charged to the consumer.
8 – Payment
- Save as otherwise provided in the agreement or in applicable additional terms and conditions, the sums payable to Gardrobe store will be paid by the consumer within 14 calendar days after the conclusion of the agreement.
- Gardrobe store does not accept any other method of payment than the payment methods indicated on Gardrobe store’s website. Gardrobe store may change these payment methods at any time. All actual costs of payment will be passed on to the consumer.
- The consumer has the duty to inform Gardrobe store of any inaccuracies in payment data provided or stated.
9 – Shipping & delivery
- The ordered product will be shipped to the consumer within 1-3 business days after the confirmation of the order. In the event that multiple orders with the same shipping address are placed by the consumer, these orders may be combined, unless otherwise requested by the consumer. In such event the products will be shipped to the consumer within 1-3 business days after the last order.
- The shipping and delivery terms indicated in these General Terms and Conditions, on Gardrobe store’s website or otherwise communicated by Gardrobe store are indicative and not guaranteed. If Gardrobe store is unable to meet the (estimated) shipping date, Gardrobe store will notify the consumer accordingly. Gardrobe store shall not be liable for any damages and costs arising out or in connection with delayed delivery.
- Gardrobe store will deliver the product at the shipping address specified in the order of the consumer.
- If the shipping address is located outside the European Union, the consumer shall be responsible for assuring that the ordered product can be lawfully imported.
- Gardrobe store is authorised to engage third parties in the fulfilment of its shipping and delivery obligations under the agreement.
- Gardrobe store retains the full and unconditional ownership of the ordered product until the product as well as all other claims of Gardrobe store vis-à-vis the consumer are paid in full (within the meaning of article 3:92 and 7:9 DCC). The consumer shall in no event have a right of retention with regard to the product. Gardrobe store is entitled to repossess the product if the consumer fails to fulfil any of his/her obligations under the agreement and/or if Gardrobe store infers from the consumer’s behaviour or communication that the consumer will fail to fulfil any of his/her obligations under the agreement.
- All risks in connection with the product shall pass to the consumer when the product is delivered at the shipping address specified in the order of the consumer. If the consumer refuses or fails to take and/or accept delivery of the ordered product, the consumer will be charged the actual costs of shipping the product back to Gardrobe store.
10 – Complaints
- Gardrobe store wishes to point out that the consumer can rely upon the legal guarantee of conformity of goods (as stipulated in article 7:17 DCC). The consumer is obliged to closely examine the delivered product upon the day on which the consumer (or a third party indicated by the consumer other than the carrier) acquires physical possession of the product.
- The consumer shall inform Gardrobe store of any complaints about defects and/or non-compliance with the specifications of the delivered product, including but not limited to complaints in respect of visible defects and/or damages of the product and/or the colour of the product. Any complaints shall be sent in writing to the following email address: firstname.lastname@example.org. The email shall contain a clear description of the complaint, the consumer’s name, the order number included in the order confirmation and the article number of the product and shall be sent within a reasonable time after the discovery of the defects, but in any case no later than 14 days after the discovery of the defects.
- Complaints submitted to Gardrobe store will be replied within a period of five (5) business days, from the date of receipt of the complaint. The consumer shall give Gardrobe store all such assistance as Gardrobe store may require for the purpose of examining the complaint. Gardrobe store is only obliged to take complaints into consideration, if Gardrobe store is given the opportunity to verify the complaint.
- In the event of a timely, correct and justified complaint in accordance with this clause 10, the consumer shall be entitled to either replacement or repair of the defective or non-conforming product, or an appropriate credit for the purchase price of the product.
- The consumer shall return the defective or non-conforming product in its entirety to Gardrobe store. The return costs are for the account of the consumer. After inspection of the defective or non-conforming product by Gardrobe store and approving the claim, the return costs are reimbursed by Gardrobe store.
- A complaint that does not meet the requirements set out in this clause, shall not be taken into consideration by Gardrobe store. The product shall be deemed to have no defects and conform to the specifications and does not release the consumer from any of his/her obligations under the agreement.
11 – Force majeure
- Gardrobe store shall not be liable for any failure or delay in performance if such failure or delay results from interruptions in the product’s manufacturing process or if such failure or delay is caused by force majeure as referred to in article 6:75 DCC, whether or not such force majeure was foreseeable at the time of the agreement. As a result of such force majeure and/or default by one of Gardrobe store’s suppliers, Gardrobe store cannot reasonably be required to execute its obligations.
- In the event that, as a consequence of force majeure and/or default by one of Gardrobe store’s suppliers, Gardrobe store is prevented from fulfilling its obligations to the consumer, such obligation shall be suspended for the duration of the event of the force majeure and/or default by one of Gardrobe store’s suppliers, the consumer shall not be entitled to any compensation whatsoever.
- In the event that the force majeure and/or default by one of Gardrobe store’s suppliers extends or is reasonably expected to extend a period of three (3) consecutive months, Gardrobe store shall be entitled to cancel the affected agreement without any liability towards the consumer.
12 – Intellectual property rights
This website and all its sub domains are intellectual property of Gardrobe store. Nothing may be copied or used without permission of Gardrobe store.
13 – Privacy
Personal information will be saved and handled with care, will never be disclosed to third parties and will only be used for the delivery of your order. Gardrobe store uses Secure Socket Layers (SSL), the industry standard in transferring information to process your orders.
14 – Availability
- All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available.
- Gardrobe store reserves the right to suspend, withdraw, discontinue or alter all or any part of the Gardrobe store’s website at any time as it sees fit without notice. Gardrobe store shall not be liable for any reason due to which Gardrobe store’s website is unavailable at any time or for any period.
15 – Miscellaneous
- The invalidity or unenforceability of any provision of these General Terms and Conditions shall not affect the validity or enforceability of any other provision of these General Terms and Conditions. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable. The interpretation of the replacing provisions shall be as close as possible to the intent of the invalid or unenforceable provision.
- Gardrobe store reserves the right to unilaterally amend these General Terms and Conditions at any time. In the event that the General Terms and Conditions have been amended, Gardrobe store will give a notice of this by stating on Gardrobe store’s website that the General Terms and Conditions have been amended, thereby indicating the date of such amendments.
16 - Governing law and jurisdiction
- This website, these terms and conditions and any agreement entered into as a result of usage of this website are governed by and construed in accordance with Dutch law.
- The parties to any such agreement agree to submit to the exclusive jurisdiction of the court in the Netherlands.