Terms and Conditions
Terms and Conditions
Article 1 – Definitions
In these conditions the following is understood as:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Transaction duration: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time ;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that makes future consultation and allows unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement whereby within the framework of a system organized by the entrepreneur for distance sales of products and/or services, up to and including conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur coming together in the same room at the same time. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur. Article 2 – Identity of the entrepreneur FashionByNikki Groninger Kroon 6, 3371 NJ Hardinxveld-Giessendam Email address: info@bynicci.nl CoC number: 77634225 VAT identification number: NL003216476B81 Article 3 – Applicability These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer. 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 at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise. In the event that specific product or service conditions are applicable in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision in the event of conflicting general terms and conditions which is most favorable to him If one or more provisions in these general terms and conditions are wholly or partially null and void or are destroyed at any time, the agreement and these terms and conditions will otherwise remain in effect and the relevant provision will be replaced immediately in mutual consultation. by a stipulation that approaches the purport of the original as closely as possible. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions. Article 4 – The offer If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Pictures accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. 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: The price including taxes; The costs of shipping, if any; The way in which the agreement will be concluded and which actions are required for this; Whether or not the right of withdrawal applies; The method of payment, delivery and performance of the agreement; The term for acceptance of the offer, or the term within which the entrepreneur guarantees the price; The level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; Whether the agreement is archived after the conclusion, and if so, how it can be consulted by the consumer; The way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, rectify it; Any other languages in which, besides Dutch, the agreement can be concluded; The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and The minimum duration of the distance contract in case of a duration transaction. Optional: available sizes, colours, type of materials Article 5 – The Agreement The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can - within legal frameworks - inform himself 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, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation. The entrepreneur will send the following information to the consumer 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: In case of an expensive transaction, the provision in the previous paragraph only applies to the first delivery. Each agreement is entered into under the conditions precedent of sufficient availability of the relevant products. Article 6 – Right of withdrawal When purchasing products, the consumer has the option of dissolving the contract without giving reasons during 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur. During the cooling-off period, the consumer will treat the product and the 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 makes use of his right of withdrawal, he will return the product with all accessories supplied 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. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product.The consumer must make this known by means of a written message/email. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch. If the customer has not indicated that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact. Article 7 – Costs in case of withdrawal If the consumer makes use of his right of withdrawal, the costs for returning the products will be borne by the consumer. 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. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted. Article 8 – Exclusion of right of withdrawal The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer, at least in time for the conclusion of the agreement. has stated. Exclusion of the right of withdrawal is only possible for products: Exclusion of the right of withdrawal is only possible for services: 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 for price changes due to changes in VAT rates. In derogation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are 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 stipulated this and: The prices stated in the offer of products or services include VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price. Article 10 – Conformity and Warranty The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and 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 guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in the original packaging and in new condition. 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. The warranty does not apply if: The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging; The delivered products indicated on the site at SALE cannot be returned; The defectiveness is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used. Article 11 – Delivery and performance 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 company. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, 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 or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of 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 representative made known to the entrepreneur, unless expressly agreed otherwise. Article 12 – Duration of transactions: duration, termination and extension Cancellation The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed terms. cancellation rules and a notice period of no more than one month. The consumer can accept the agreements referred to in the previous paragraphs: Cancel at any time and not be limited to cancellation at a specific time or period; At least cancel in the same way as they have been entered into by him; Always cancel with the same notice period as the entrepreneur has stipulated for himself. Extension An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term. In derogation from the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month. An agreement that has been entered into for a definite period of time and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of 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 duration. Article 13 – Payment Insofar as not agreed otherwise, the amounts owed by the consumer must be paid within 7 working days after the reflection period as referred to in Article 6, paragraph 1, has commenced. In the case of an agreement to provide a service , this period commences after the consumer has received confirmation of the agreement. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance. Article 14 – Complaints procedure Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects. 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. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge. Article 15 – Disputes On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies. Even if the consumer lives abroad.