General terms and conditions Belleza Fashion Boutique
Our general conditions are in accordance with the guidelines of the Authority for Consumers and Markets (ACM). The rights of the consumer are thus well secured.
Article 1. Identity of the entrepreneur
1.1 The identity of the entrepreneur:
The one-man business Belleza Fashion Boutique (hereinafter: "BELLEZA")
3512 AH Utrecht
Tel: 030 2658554
Chamber of Commerce number: 70682704
VAT number: NL171200135B01
E-mail: [email protected]
Article 2. Applicability
2.1 These general terms and conditions (hereinafter referred to as "General Terms and Conditions") apply to all offers, orders and agreements of BELLEZA via the webshop. Both BELLEZA and the consumer acknowledge the legal validity of electronic communication, as also stipulated in European regulations. The consumer can not derive any rights from future orders for any agreed deviations.
2.2 Accepting an offer or placing an order means that the consumer accepts the applicability of these conditions.
2.3 The stipulations in these conditions can only be deviated from in writing, in which case the other provisions remain in full force.
Article 3. Offers / agreements
3.1 All offers and quotations from BELLEZA are without obligation. BELLEZA expressly reserves the right to change prices, in particular but not exclusively when this is necessary on the basis of (legal) regulations.
3.2 Samples and models shown and / or provided, as well as specifications of colors, sizes, and other descriptions in brochures, promotional materials, websites or social media of BELLEZA are as accurate as possible, but are only indicative. No rights can be derived from this, unless the parties have expressly agreed otherwise in writing.
3.3 An agreement is only concluded after acceptance of the consumer's order by BELLEZA. As long as BELLEZA has not confirmed the order to the consumer, no agreement has been concluded. If the acceptance of the consumer deviates from BELLEZA's offer, BELLEZA is not bound by this. No agreement has been reached, unless the parties have explicitly agreed otherwise in writing.
3.4 BELLEZA reserves the right to refuse orders. The consumer will be informed of such a refusal with or without reason. Any payment that has already been made will of course be refunded to the account of the bank or credit card company from which this payment originates.
3.5 By ordering from us - via the website or by e-mail - a legally valid purchase agreement will be created to which payment must be made.
Article 4. Prices / shipping / payment / retention of title / default
4.1 The prices stated for the offered products and services are in euros including VAT, unless explicitly stated otherwise.
4.2 BELLEZA charges a maximum of € 5.25 for transport within the Netherlands, with the exception of the Caribbean Netherlands. For consumers from countries other than the Netherlands, the contribution to the shipping costs depends on the country and the amount of the order. BELLEZA reserves the right to conform this amount to the latest rate for these services by DHL Parcel or an equivalent provider of parcel services.
4.3 BELLEZA works in principle by means of payment in advance (online or in advance by bank transfer). After an order, the consumer receives a confirmation by e-mail with the total costs, including shipping costs. No additional costs are charged for online payments. After receiving the entire payment, BELLEZA sends the consumer's order. All items remain the property of BELLEZA until the entire payment has been received.
4.4 The consumer can on request by e-mail ([email protected]) pay her / his order afterwards. BELLEZA can reject this request if it has a valid reason for this.
4.5 There is a default if 21 days after the conclusion of the agreement the invoice amount is not or not yet fully paid. The consumer will then be asked to pay the entire amount or the remaining amount immediately. If the amount is not paid within 14 days after receipt of the reminder, BELLEZA will be entitled to collect the amount to be collected plus a minimum of € 40.00, in accordance with the Decree on compensation for extrajudicial collection costs, or to dissolve the agreement.
Article 5. Delivery
5.1 BELLEZA sends all orders in principle within 2-5 working days after receipt of the order via DHL Parcel (or an equivalent parcel service) to the delivery address specified with order. If we deviate from this for specific reasons, the consumer will be notified by e-mail. If the consumer is not at home at the time of delivery, the consumer can pick up the package at a DHL Parcelshop / Parcelstation in the neighborhood. If the package is not picked up within 3 weeks, then the package will be returned by us. BELLEZA will return the purchase price minus the shipping costs to the consumer.
5.2 If terms are stated in working days, this means all days from Monday to Friday, with the exception of public holidays.
5.3 The indicated delivery times are only indicative. Exceeding the agreed delivery times does not entitle the consumer to compensation, dissolution of the agreement or non-fulfillment of any obligation that may arise for the consumer from this or any other related agreement.
5.4 The product must be delivered to the consumer no later than 30 days after ordering. If this does not happen, the consumer can immediately cancel the purchase. The foregoing does not apply if parties have agreed a different delivery term, if there is force majeure on the part of BELLEZA or the third party (s) engaged by it.
5.5 BELLEZA strives to deliver the order in one go, but can also deliver the order in parts.
5.6 We do our best to keep the website as up-to-date as possible. However, it is possible that an article is no longer available. In that case, BELLEZA will contact the consumer as soon as possible.
Article 6. Right of withdrawal / return / warranty
6.1 After receipt by the consumer of the ordered items via our webshop or by e-mail, the consumer has a cooling-off period as described in article 6.3.
6.2 The article must be checked upon receipt for possible errors, imperfections or damage. These must be reported to us by e-mail within 14 days of receipt by the consumer. Items with an error, imperfection or damage that are sent back without a notification of a mistake, imperfection or damage within 14 days of receipt by the consumer can not be accepted.
Items that are stained by make-up, wine stains, oil, etc. are not accepted. These will be returned by Belleza to the customer with a statement of reasons, with the shipping costs being borne by the customer.
6.3 If the consumer is not satisfied with the order via our webshop or by e-mail, the consumer can indicate within 14 days after receipt of the item (s) that he / she wishes to return the item (s). The consumer can use the "Model form for cancellation", available on this website. The consumer can also invoke the right of withdrawal through an unambiguous statement. The consumer sends the article (s) to be returned with the packing slip immediately, but in any case within fourteen days after submission of the aforementioned form or the unambiguous statement, to BELLEZA. The consumer bears the costs for the return shipment.
6.4 The right of withdrawal does not apply to sensitive articles for hygiene.
6.5 If the consumer has returned the ordered items, the consumer may exchange them for a different size or refund the purchase price of the returned items.
6.6 We will instruct the bank or credit card company, which was used during the place of the original order, to return the already paid amount to the consumer within 14 days after receipt of the returned items.
6.7 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. A condition for the actual use of the right of withdrawal is that the items in question are properly packaged, complete, undamaged, unused and returned in the undamaged and original packaging together with the packing slip. If damage has occurred as a result of inadequate shipping packaging or if the item is insufficiently stamped, BELLEZA reserves the right to refuse a return shipment.
6.8 On the basis of the law, the consumer is entitled to a sound product that must meet the expectations that the consumer may reasonably expect. We will resolve any problem with the soundness of the product as soon as possible. If the solution does not meet the expectations of the consumer, the consumer can cancel the order without additional costs.
6.9 The guarantee referred to in this article and the right of withdrawal shall lapse, inter alia, when:
Accessories may not be exchanged for hygiene reasons.
Article 7. Force majeure
7.1 In the event of force majeure, BELLEZA is entitled to suspend the execution of the order at its own discretion or to dissolve the agreement without judicial intervention by informing it in writing and without BELLEZA being obliged to do so. compensation, unless this would be unacceptable in the circumstances to the standards of reasonableness and fairness.
7.2 Force majeure means any shortcoming that can not be attributed to BELLEZA, because it is not due to her fault and not under the law, legal act or generally accepted for its account.
Article 8. Liability
8.1 BELLEZA is not liable for indirect damage. BELLEZA will only invoke this exclusion of liability if and insofar as this is legally permitted.
Article 9. Miscellaneous
9.1 If the consumer informs BELLEZA in writing of an address, BELLEZA is entitled to send all orders to that address, unless the consumer informs BELLEZA in writing of another address to which the orders are to be sent.
9.2 If BELLEZA allows deviations from these General Terms and Conditions for a short or longer period of time, tacitly or otherwise, this does not affect its right to demand immediate and strict compliance with these General Terms and Conditions. The consumer can never assert any right on the grounds that BELLEZA applies these General Conditions smoothly.
9.3 If one or more of the provisions of these General Terms and Conditions or any other agreement with BELLEZA is / are in conflict with any applicable statutory provision, the relevant provision will lapse and will be replaced by a new legal right to be determined by BELLEZA. allowable comparable provision.
9.4 BELLEZA is authorized to use third parties in the execution of the order (s).
Article 10. Complaints procedure
10.1 BELLEZA has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
10.2 Complaints about the performance of the agreement must be submitted to BELLEZA fully and clearly described within 7 days after the consumer has discovered the defects.
10.3 Complaints submitted to BELLEZA will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, BELLEZA will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
10.4 The consumer gives BELLEZA at least 4 weeks to resolve the complaint in mutual consultation. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement, as described in article 10.5.
10.5 In case of complaints, a consumer must first turn to BELLEZA ([email protected]). BELLEZA will handle the complaints as described in article 10.3. For complaints that can not be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. In the event that a solution can not be found, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the pronouncement of this is binding and both BELLEZA and the consumer agree with this binding decision. The submission of a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
10.6 A complaint does not suspend the obligations of the consumer, unless BELLEZA indicates otherwise in writing.
10.7 If a complaint is found to be well-founded by BELLEZA, BELLEZA will, at its discretion or replace the delivered products free of charge, repair or refund.
Article 11. Applicable law
11.1 Dutch law applies exclusively to all rights, obligations, offers, orders and agreements to which these terms and conditions apply. The applicability of the Vienna Sales Convention (CISG) is explicitly excluded.