General Terms and Conditions
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
Reflection period:
The period within which the consumer can exercise his right of withdrawal;
Consumer:
The natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur
Day: calendar day:
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time
Durable data carrier:
Any instrument which enables the consumer or trader to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
Right of withdrawal:
The option for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur:
The natural or legal person who offers products and/or services remotely to consumers;
Distance contract:
An agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of goods and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication technique for distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same place at the same time.
General Terms and Conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
- Chic Netherlands
- kvk: 82732078
- VAT identification number: NL003722603B58
- Email: info@chicnederland.nl
- Tel: +31613169303
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions
conditions made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general conditions can be inspected at the trader's and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
By way of exception to the previous paragraph, if the distance contract is concluded electronically
is concluded, the text of these general terms and conditions before the conclusion of the
distance contract made available to the consumer in electronic form in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the request of the consumer.
If, in addition to these general terms and conditions, special product or
service conditions apply, paragraphs 2 and 3 apply accordingly
application and the consumer can, in the event of conflicting general terms and conditions
always rely on the provision most favorable to him.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these General Terms and Conditions will remain in force and the provision in question will be replaced without delay, in mutual consultation, by a provision that approximates the purport of the original provision as closely as possible.
Situations not covered by these Terms and Conditions must be
assessed "in the spirit" of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of any
more provisions of our Terms and Conditions shall be interpreted "in the spirit" of these Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is subject to change. The entrepreneur has the right to change the offer
to change and adapt.
The offer contains a complete and accurate description of the offered
products and/or services. The description is sufficiently detailed to allow the consumer
to enable the offer to be assessed correctly. If the entrepreneur uses
makes of images, are they a true representation of the
products and/or services offered. Obvious mistakes or obvious errors in
the offer does not bind the entrepreneur.
All images, specifications and data in the offer are indicative and may
not give rise to compensation or termination of the agreement.
The images of the Products are a true representation of the products offered.
Products. The Company cannot guarantee that the colors depicted will match the actual
match the actual colours of the Products.
Each offer contains information from which the consumer can determine which rights and
obligations are attached to the acceptance of the offer. This concerns in particular:
the price, excluding customs clearance costs and import VAT. These additional
costs are for the account and risk of the customer. The postal and/or courier service makes
use of the special regulation for postal and courier services at import. This
Regulation applies if the goods are imported into the EU country of
destination, which is the case here. The postal and/or courier company collects the VAT (also in
connection with customs clearance costs) at the recipient of the goods;
the costs of shipping, if applicable;
the manner in which the agreement should be concluded and the
necessary actions to bring about it;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer or the period within which the trader guarantees the price;
the level of the rate for distance communication, if the costs of using the distance communication technology are calculated on a basis other than the normal basic rate for the communication technology used;
whether the agreement is archived after its conclusion and, if so, in what manner
can be consulted by the consumer;
the manner in which the consumer, before concluding the agreement, can check the information provided by him in the context of the agreement and, if necessary, correct it
correct; all languages other than Dutch in which the agreement can be concluded; the codes of conduct to which the trader is subject and the manner in which the
consumer who can consult codes of conduct electronically; and
The minimum duration of the distance contract in the event of a longer transaction.
Optional: available sizes, colours, material types.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement shall be concluded on the
moment of acceptance by the consumer of the offer and compliance with the
conditions set therein.
If the consumer has accepted the offer electronically, the
entrepreneur without delay by electronic means of receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will make appropriate arrangements
technical and organizational measures to protect the electronic transfer of data and to ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader may - within the legal framework - obtain information about whether the
consumer is able to meet his payment obligations and about all those facts and
factors that are important for a responsible conclusion of the distance contract. If the trader has good reasons on the basis of this investigation to
If the customer does not enter into an agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
The trader shall provide the consumer, together with the product or service, in writing or
in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, the following information
- the address of the trader's registered office where the consumer can lodge complaints
can be right; - the conditions under which and the manner in which the consumer
right of withdrawal can be exercised, or a clear statement of the
are excluded from the right of withdrawal; - the information about guarantees and the existing after-sales service;
- the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the contract;
- the conditions for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the event of a term agreement, the provisions of the previous paragraph shall only apply
applicable to the first delivery.
Each agreement is concluded subject to the condition precedent of
sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to cancel the agreement
to cancel without giving any reason within 14 days. This cooling-off period commences on the day after the consumer or a previously agreed upon agreement between the consumer and the trader
designated representative has received the product.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and, as far as reasonable, in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise his right of withdrawal, he must
inform the entrepreneur of this within 14 days of receipt of the product
to ask.
The consumer must do this in the form of a written notice/email.
After the consumer has indicated that he wishes to use his
right of withdrawal, he must return the product within 14 days.
The consumer must prove that the delivered product was returned on time, e.g. by providing proof of shipment.
If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3, or has not returned the product to the trader, the purchase is a fact.
Article 7 - Costs in case of revocation
If the consumer exercises his right of withdrawal, the costs of
return of the goods at the expense of the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible
possible, but no later than 14 days after the cancellation, refund. The condition is that the goods have already arrived at the trader or that conclusive proof of the complete return can be presented.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer from the right of withdrawal for the products described in paragraphs 2 and 3.
The exclusion of the right of withdrawal only applies if the
the entrepreneur has clearly stated this in the offer, at least in good time before the agreement is concluded.
The exclusion of the right of withdrawal is only possible for products
- which have been created by the trader in accordance with the specifications of
the consumer - that are clearly personal in nature
- which by their nature cannot be returned, or
- that spoil or age quickly;
- the price of which is subject to fluctuations in the financial market on which
the trader has no influence; - for individual newspapers and magazines;
- for audio and video recordings and computer software where the seal has been broken by the consumer; and
- for hygiene products where the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for services:
1.regarding accommodation, transport, hospitality or leisure activities to be performed at a
specific date or during a specific period;
2. the delivery of which has begun with the express consent of the consumer
before the cooling-off period has expired
3. on betting and lotteries.
Article 9 - The price
During the period of validity stated in the offer, the prices of the
products and/or services offered will not be increased, except
price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the trader may offer products or services for which the
prices are subject to fluctuations in the financial market over which he has no control
has influence, offering variable prices. This connection with fluctuations and the
The fact that the stated prices are recommended prices is stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only
permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:
- they arise from statutory provisions or regulations, or
- the consumer has the right to cancel the agreement with effect from the
day on which the price increase takes effect.
According to Section 5(1) of the VAT Act 1968, the place of supply is the country where
transport commences. In that case, delivery will take place outside the EU.
Accordingly, the postal or courier company will charge the VAT on import and/or the
claim customs clearance costs from the customer. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at an incorrect price.
Article 10 - Compliance and warranty
The entrepreneur guarantees that the products and/or services comply with the
agreement, the specifications stated in the offer, meet the reasonable requirements of
soundness and/or usability and the date of the creation of the
agreement existing legal provisions and/or government regulations. If
agreed, the entrepreneur also guarantees that the product is suitable for
other than normal use.
A warranty provided by the dealer, manufacturer or importer does not affect the
legal rights and claims that the consumer has under the agreement
can assert against the trader.
Any defects or incorrectly delivered products must be reported within 14 days after
delivery must be reported to the entrepreneur in writing. The products must be in
returned in the original packaging and in new condition.
The Entrepreneur's warranty period corresponds to the warranty period of the
Manufacturer. However, the entrepreneur is never responsible for the final
suitability of the products for each individual application by the consumer,
nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself and/or had them repaired and/or modified by a third party;
The delivered products have been exposed to abnormal conditions or otherwise
have been treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
The defectiveness is wholly or partly due to regulations which the state has issued or will issue with regard to the type or quality of materials used.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in this regard in Article 4 of these general terms and conditions,
stated, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the
consumer has paid as soon as possible, but no later than 14 days after
dissolution, repayment.
If it is not possible to deliver an ordered product, the entrepreneur will
make an effort to provide a replacement article. At the latest upon delivery, it must be stated in a clear and comprehensible manner that a replacement article is being delivered.
The right of withdrawal cannot be excluded for replacement items. The
The costs of the return shipment are borne by the entrepreneur.
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 agreed delivery address.
entrepreneur's announced representative, unless expressly stated otherwise
agreed.
Article 12 - Continuation of the activities: duration, termination and extension
Planning
The consumer may at any time terminate the agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer can conclude an agreement that has been entered into for a fixed period and that
extends to the regular delivery of products (including electricity)
or services, at any time at the end of the fixed term, taking into account the agreed cancellation rules and a notice period of no more than one month.
The consumer can cancel the agreements referred to in the previous paragraphs
to terminate them at any time and not only at a specific time or for a specific period terminate them at least in the same manner as they were concluded by him always cancel with the same notice period as the trader has set for himself. Extension
An agreement concluded for a fixed period and relating to the regular supply of goods (including electricity) or services cannot be tacitly extended or renewed for a fixed period.
By way of exception to the previous paragraph, a fixed-term agreement may be concluded for the
periodic provision of daily and weekly newspapers and magazines is tacitly
extended for a fixed period of no more than three months, if the consumer
has the right to terminate the extended agreement at the end of the extension period
to be given with due observance of a notice period of no more than one month.
A fixed-term contract for the regular delivery of goods or the provision of services may only be tacitly extended for an indefinite period if the consumer has the possibility to terminate the contract at any time, subject to a notice period of no more than one month, which in the case of a contract for the regular delivery of daily or weekly newspapers or magazines, but less than once a month, may not be longer than three months.
A temporary contract for the regular delivery of daily and weekly newspapers and
magazines (trial or introductory subscription) will not be continued tacitly and
ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer shall be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement concerning the provision of a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the duty to report any inaccuracies in the information provided or the
to report the indicated payment to the operator without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer all reasonable costs that have been communicated to him in advance.
Article 14 - Complaints
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint has a foreseeable longer
processing time is required, the trader will process it within 14 days
responded with a confirmation of receipt and an indication of when the consumer will receive a
can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that
is subject to the dispute resolution procedure.
A complaint does not suspend the trader's obligations unless the trader
indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms apply
conditions apply, only Dutch law applies. Even if the consumer lives abroad.
