Terms and Conditions
This Agreement was last modified on January 11, 2014.
Article 1. General
Gewoon Opvallen BV, hereinafter “Gewoon Opvallen”, handles orders and deliveries concerning clothing, shoes and accessories in the broadest sense. By placing an order with Gewoon Opvallen, you confirm that you agree to the Terms and Conditions of Gewoon Opvallen. Gewoon Opvallen has the right to modify its Terms and Conditions. If you receive items you have not ordered, you need to notify Gewoon Opvallen as soon as possible. Any inaccuracies in data provided to you by Gewoon Opvallen should be reported by you to Gewoon Opvallen immediately, as well as any modifications or inaccuracies in data you provided to Gewoon Opvallen.
Article 2. Definitions
For the purpose of these Terms and Conditions, the following definitions shall apply:
- Withdrawal period: the time limit within which the Consumer can exercise his or her right of withdrawal;
- Consumer: a natural person who does not conduct a trade or business and who concludes a contract with the Entrepreneur by distance communication;
- Day: calendar day;
- Entrepreneur: the natural or legal person providing distance products and/or services to consumers;
- Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organized by the Entrepreneur for distance sale of products and/or services;
- Order: each order placed by Consumer at Gewoon Opvallen;
- Extended Transaction: a Distance Contract relating to a series of products and/or services for which the delivery and purchase obligations extend over a period of time;
- Durable data carrier: any means that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a way that future consultation and unaltered reproduction of the stored information is possible;
- Notice: any notification by Gewoon Opvallen to the Consumer, including – but not limited to -, brochures, advertisements, electronic communications, catalogs, quotations, order confirmations, price lists, invoices, emails and letters;
- Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room;
- Right of withdrawal: the possibility for the Consumer to cancel the Distance Contract within the withdrawal period;
- Force Majeure: any condition beyond Gewoon Opvallen´s control that prevents Gewoon Opvallen from fully or partially fulfilling its obligations to Consumer or as a result of which fulfilling its obligations cannot reasonably be expected from Gewoon Opvallen, regardless of whether these circumstances were foreseeable at the time the Contract was concluded. These circumstances include: strikes, lockouts, delays or interruptions in or other problems related to the production by Gewoon Opvallen or its suppliers and/or transport by third parties and or measures of any government authority as well as lack of any required government permit.
Article 3. Identity
Gewoon Opvallen Company name: Gewoon Opvallen BV Trade name: Gewoon Opvallen Address: Zuidlaarderweg 53 9479 TH Zuidlaarden, the Netherlands Telephone: +31 (0)88-1700 475 E-mail: firstname.lastname@example.org Website: www.gewoonopvallen.nl registered at the Dutch Chamber of Commerce under number: 59827580 VAT number: NL
Article 4. Applicability
- These Terms and Conditions apply to any offer from the Entrepreneur and to any Distance Contract concluded by the Entrepreneur and the Consumer.
- Before concluding a Distance Contract, the Entrepreneur shall make the text of these Terms and Conditions available to the Consumer. Where this is not reasonably possible, the Entrepreneur, before concluding the Distance Contract, shall notify the Consumer that the Terms and Conditions can be inspected at the Entrepreneur´s and that, at the Consumer´s request, they will be sent to the Consumer free of charge as soon as possible.
- If the Distance Contract is concluded electronically, the text of these Terms and Conditions, in deviation from the previous section and before the Distance Contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a durable data carrier. If this is reasonably impossible, the Entrepreneur will specify where the Terms and Conditions can be viewed electronically before concluding the Distance Contract, and that they will be delivered at the Consumer´s request free of charge, either via electronic means or otherwise.
- If in addition to these Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favorable to him/her.
Article 5. The offer
- If an offer is of limited duration or if particular conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products and/or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
- All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer. This involves in particular:
- the price, including taxes;
- any delivery costs, if applicable;
- the way in which the agreement will be concluded, and what actions are needed to establish this;
- whether or not the right of withdrawal is applicable;
- the form of payment, delivery or performance of the contract;
- the time frame for accepting the offer or the time frame for honoring the price;
- the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate;
- whether the contract is filed after conclusion, and if so, how the Consumer can consult it;
- the manner in which the Consumer can verify the data he provided before concluding the contract, and the way the Consumer can correct these data, if desired, before the contract is concluded;
- any languages other than Dutch in which the contract can be concluded;
- the codes of conduct to which the Entrepreneur has submitted and the manner in which the Consumer can consult these codes of conduct via electronic means.
Article 6. The Contract
- Subject to the provisions set out under 4 of this Article, the contract becomes valid when the Consumer has accepted the offer and fulfilled the required Terms and Conditions.
- If the consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer has the right to dissolve the contract.
- If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
- The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to its implementation.
- The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the Entrepreneur´s business establishment to which the Consumer can address any complaints;
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal or clear information about any exemption from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the information as stated under 3 of Article 5 of these Terms and Conditions, unless the Entrepreneur has already provided the Consumer with this information before execution of the contract;
e. the requirements for cancelling the contract if the contract is valid for more than one year or for an indefinite period of time.
- In case of an Extended Transaction, the stipulations in the previous paragraph apply to the first delivery only.
Article 7 – Right of withdrawal
- When purchasing products, the Consumer has the option to cancel the contract without specifying any reasons for a period of 7 days. This withdrawal period starts on the day the product is received by or on behalf of the Consumer by a representative appointed by him or her and whose identity has been communicated to Entrepreneur in advance.
- During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary to assess whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the Entrepreneur in conformity with the Entrepreneur´s reasonable and clear instructions.
Article 8 – Costs in the event of withdrawal
- Should the Consumer exercise his or her right of withdrawal, no more than the returning costs are at the Consumer´s expense.
- If the Consumer has made a payment, the Entrepreneur shall refund this amount as soon as possible, but within not more than 30 days after the return or withdrawal.
Article 9 – Exclusion of the right of withdrawal
- The Entrepreneur can exclude the Consumer´s right of withdrawal as far as is stipulated under 2 of this Article. The Entrepreneur can exclude this right only if the Entrepreneur has indicated this clearly in the offer or at least in good time before concluding the contract.
- Exclusion of the right of withdrawal is only possible for items:
a. that were realized according to the Consumer’s specifications;
b. that are obviously of a private nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. the prices of which are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control.
Article 10 – Price
- The prices of the items and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
- Contrary to the previous paragraph, the Entrepreneur may offer items or services with prices that are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control at variable prices. The offer will state the possibility fluctuations and the fact that any indicated price is an indication.
- Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.
- Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has negotiated this and a. if they are the result of legal regulations or stipulations, or b. if the Consumer has the authority to cancel the contract before the day on which the price increase starts. 5. All prices indicated in the provision of items or services are including VAT.
Article 11 – Conformity and warranty
- The Entrepreneur guarantees that the items and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If so agreed, the Entrepreneur guarantees that the item is suitable for other than normal use.
- An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or Importer shall not affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations based on the law and/or the distance contract.
Article 12 – Delivery and execution
- The Entrepreneur shall exercise the best possible care when accepting and executing orders, and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to the company.
- With due observance of the stipulations in Article 5 of these Terms and Conditions, the company shall execute accepted orders with convenient speed but at least within 14 days, unless a longer delivery period was agreed. If the delivery is, or if an order cannot be executed or only partially, the Consumer shall be informed about this within no more than 14 days after ordering. In such cases, the Consumer is entitled to terminate the contract free of charge.
- In the event of termination according to 3, the Entrepreneur shall refund the payment made by the Consumer as soon as possible but at least within 30 days after termination.
- If delivery of an ordered item turns out to be impossible, the Entrepreneur shall make an effort to offer a replacement item. No later than on the moment of delivery, Consumer shall be informed clearly and comprehensibly that a replacement item will be delivered. The right of withdrawal cannot not be excluded for replacement items. The costs of a return shipment, if any, are at the Entrepreneur´s expense.
- Unless explicitly agreed otherwise, the risk of loss of and/or damage to items shall remain with the Entrepreneur until the moment of delivery to the Consumer or the Consumer´s representative appointed by him or her and whose identity has been communicated to Entrepreneur in advance.
Article 13 – Extended transactions: duration, termination and renewal
- Regarding an open-ended contract for the regular delivery of items or services, the Consumer can terminate at any time in compliance to the applicable termination rules and a notice not exceeding one month.
- Regarding a fixed-term for the regular delivery of items or services, the Consumer can terminate the contract at any time at the end of the fixed term in compliance with the applicable termination rules and with a notice not exceeding one month.
- Consumers can always terminate the contracts as detailed under 1 and 2 in conformity with the same notice as the company has negotiated for itself.
- A fixed-term contract for the regular delivery of items or services cannot not be extended or renewed tacitly for a fixed term.
- A fixed-term contract for the regular delivery of items or services can be tacitly renewed for an indefinite period of time if the Consumer can always terminate the contract with a notice not exceeding one month.
- If a contract has a duration exceeding one year, the Consumer can terminate the contract at all times with a notice not exceeding one month after expiry of this contract year, unless the consequences of doing so would be in breach of the principles of reasonableness and fairness.
Article 14 – Payment
- Unless otherwise agreed, the payable sums must be paid by Consumer within 7 days after the start of the withdrawal period as meant in article 7, paragraph 1, or in the event of a contract to provide a service, this withdrawal period starts on the day of delivery of the documents relating to this service.
- Where advance payment is stipulated, the Consumer cannot invoke any rights whatsoever in relation to the execution of the order or service(s) concerned before the stipulated payment has been made.
- The Consumer is obliged to inform the Entrepreneur promptly about any inaccuracies in payment details.
- Subject to legal restriction, the Entrepreneur has the right to charge the Consumer the reasonable costs, notified in advance, that resulted from any case of non-payment on the part of the Consumer.
Article 15 – Complaint procedure
- The Entrepreneur has a well-publicized complaint procedure and handles any complaint in accordance with this complaint procedure.
- Complaints about the execution of the contract have to be submitted within reasonable time and clearly with the Entrepreneur, after the Consumer has detected the defects.
- Complaints submitted with the Entrepreneur shall be addressed within a period of 14 days starting from the day the complaint was received. If a complaint is expected to require a longer processing time, the Entrepreneur shall send an acknowledgement of receipt within 14 days, indicating when the Consumer can expect to receive a more detailed reply.
- If the complaint cannot be settled in mutual agreement, it becomes a dispute to which a dispute settlement may apply.
Article 16 – Disputes
All contracts between the Entrepreneur and the Consumer, to which these Terms and Conditions apply, are exclusively governed by Dutch law.
Article 17 – Additional or deviating provisions
Additional provisions of and/or deviations from these Terms and Conditions should not disadvantage the Consumer and should be recorded in writing or such that the Consumer can file them in an accessible manner on a durable data carrier.