Article 1 - Definitions
In these General Terms and Conditions, the following definitions apply
Withdrawal period: the period during which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the course of a trade, business or profession and who concludes a distance contract with the trader;
Day: calendar day
Duration transaction: a distance contract for a range of products and/or services where the obligation to deliver and/or purchase is staggered over time.
Durable medium: any means enabling the consumer or the trader to store information addressed to him personally in such a way that future consultation and unchanged reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the withdrawal period;
Entrepreneur: the natural or legal person who offers goods and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, one or more means of distance communication are used exclusively until the conclusion of the agreement.
Remote communication technique: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions for the Entrepreneur.
Article 2 - Identity of the entrepreneur
Name of the company: TW Shop
Chamber of Commerce number: On request
Company name: Casa Chique
VAT number: On request
Customer service email: info@casachique.com
Article 3 - Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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 inspected at the trader's premises and will be sent to the consumer free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph and prior to the conclusion of the distance contract, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. 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 electronically or otherwise free of charge upon request of the consumer. To the extent that specific product or service conditions apply in addition to these general terms and conditions, the provisions of paragraphs 2 and 3 shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most advantageous to him.
If one or more provisions of these general terms and conditions are wholly or partially invalid or void, the remainder of the agreement and these general terms and conditions will remain in force and the provision in question will be replaced immediately and by mutual agreement with a provision that comes as close as possible to the spirit and purpose of the original provision.
Situations not provided for in these General Terms and Conditions shall be assessed “in accordance with the spirit” of these General Terms and Conditions.
In case of doubt as to the interpretation or content of one or more provisions of our General Terms and Conditions, these shall be interpreted “in accordance with the spirit” of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is authorized to change or adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a correct assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for settlement or cancellation of the agreement.
The images of the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer. This applies in particular to
the price excluding customs clearance costs and import VAT, where the postal and/or courier service makes use of the special regulation for postal and courier services on import. This regulation applies if the goods are imported into the country of destination in the EU, which is the case here. The postal and/or courier service charges VAT (along with any customs clearance fees) to the recipient of the goods;
any delivery costs;
how the contract is concluded and what actions are necessary for this;
whether or not the right of withdrawal applies
the method of payment, delivery and performance of the contract
the period for acceptance of the offer or the period during which the trader guarantees the price
the amount of the tariff for distance communication, if the cost of using the means of distance communication is calculated on a different basis than the usual basic tariff for the means of communication used
whether the contract is archived after its conclusion and, if so, how the consumer can access it
the way in which the consumer can check and, if desired, correct the information he has provided in the contract before concluding it
the languages other than Dutch in which the contract can be concluded
the codes of conduct by which the trader is bound and the way in which the consumer can consult those codes of conduct electronically; and
the minimum duration of the distance contract in case of a longer transaction.
Optional: available sizes, colors, types of materials.
Article 5 - The contract
Without prejudice to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set out therein.
If the consumer has accepted the offer by electronic means, the trader shall immediately acknowledge receipt of the acceptance of the offer by electronic means.As long as the trader has not confirmed receipt of this acceptance, the consumer may cancel the contract.
If the contract is concluded by electronic means, the trader must take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure internet environment.If the consumer can pay electronically, the trader must take appropriate security measures.
The entrepreneur can - within the legal framework - find out whether the consumer can fulfill his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance contract.If, based on this assessment, the entrepreneur has good reasons not to conclude the agreement, he is authorized to refuse an order or application or to attach special conditions to its execution, giving reasons. The trader will provide the consumer with the following information with the product or service, in writing or in a form that the consumer can store in an accessible way on a durable medium
the address of the trader's business to which the consumer can address complaints;
the conditions and means by which the consumer can exercise his right of withdrawal or, where applicable, clear information on the exception to the right of withdrawal
information on existing guarantees and customer service
the information referred to in Article 4(3) of these terms and conditions, unless the trader has already provided that information to the consumer before the performance of the contract
the conditions for terminating the contract if the contract has a duration of more than one year or is of indeterminate duration.
In the case of a fixed-term contract, the provision of the previous paragraph only applies to the first delivery.
Each contract is concluded under the suspensive condition that there is sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to cancel the contract without giving any reason for a period of 14 days. This cooling-off period begins the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer must handle the product and its packaging with care. He will only unpack the product or use it to the extent necessary to assess whether he wants to keep the product.If he makes use of his right of withdrawal, he will return the product with all supplied accessories and - if possible - in its original condition and packaging to the entrepreneur in accordance with the reasonable and clear instructions given by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receipt of the product.The consumer must do this in writing or by e-mail.Once the consumer has informed the entrepreneur that he wishes to exercise his right of withdrawal, he 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 a proof of shipment. If the consumer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur after the periods referred to in paragraphs 2 and 3 have expired, the purchase is a fact.
Article 7 - Costs in the event of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the product shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after cancellation. The condition is that the product has already been received by the entrepreneur or that conclusive evidence of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or at least in good time before the conclusion of the contract.
The right of withdrawal is only excluded for products
that are manufactured by the trader according to the consumer's specifications
that are clearly of a personal nature
that cannot be returned due to their nature
that are subject to rapid deterioration or aging
whose price depends on fluctuations in the financial market that are beyond the trader's control; for individual newspapers and magazines
for audio and video recordings and computer software where the consumer has broken the seal.
for hygiene products where the consumer has broken the seal.
The right of withdrawal is only excluded for services related to accommodation, transport
services related to accommodation, transport, catering or leisure activities that are to be delivered on a specific day or during a specific period;
if delivery has begun with the consumer's express consent before the end of the withdrawal period;
for betting and lotteries.
Article 9 - Price
During the validity period stated in the offer, the prices of the offered products and/or services may not be increased, with the exception of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no influence, with variable prices. This connection with fluctuations and the fact that the prices stated are target prices will be mentioned in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has determined them and
they result from statutory provisions or regulations; or
the consumer has the right to terminate the contract on the day on which the price increase takes effect.
Pursuant to Section 5(1) of the 1 of the VAT Act 1968, the place of delivery is the country where the transport begins. In the present case, this delivery takes place outside the EU. The customer is then charged import VAT or handling fees by the postal or courier service. VAT will therefore not be charged by the entrepreneur. All prices are subject to printing errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the wrong 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 for obedience and / or usability and the statutory provisions and / or government regulations applicable at the time of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
The guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. The goods must be returned in their original packaging and in new condition.
The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the entrepreneur is under no circumstances responsible for the final suitability of the products for each individual use by the consumer or for any advice regarding the use or application of the products.
The guarantee does not apply if
the consumer has repaired and/or adjusted the delivered products himself or has had them repaired and/or adjusted by third parties; the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the entrepreneur's instructions and/or on the packaging;
The defect is wholly or partly the result of regulations issued or to be issued by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur must exercise the greatest possible care when receiving and fulfilling orders for products.
The place of delivery is the address communicated by the consumer to the entrepreneur.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will fulfill accepted orders as soon as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot or cannot be executed in part, the consumer will be informed of this no later than 30 days after the order was placed. In such a case, the consumer has the right to terminate the contract free of charge and the right to possible compensation.
In the event of cancellation 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 cancellation. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavour to deliver a replacement product. At the latest upon delivery, it will be clearly and intelligibly stated that a replacement product will be delivered. The right of withdrawal cannot be excluded for replacement products. The costs of return shipping are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.
Article 12 - Duration of transactions: duration, termination and extension
Termination
The consumer may terminate an indefinite contract for the regular supply of products (including electricity) or the provision of services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or the provision of services at any time at the end of the fixed-term period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs
termining them at any time and not limiting them to a specific date or duration, but at least terminating them in the same way as they were concluded
always terminating with the same notice period as the employer has set for himself.
Renewal
A fixed-term contract for the regular supply of goods (including electricity) or the provision of services may not be tacitly extended or renewed for a fixed-term period.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed-term period of no more than three months if the consumer can terminate this renewed contract at the end of the renewal period with a notice period of no more than one month.
A fixed-term contract for the regular supply of goods or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and with a notice period of no more than three months if the contract concerns the regular supply of daily, news and weekly newspapers less than once a month.
A fixed-term contract for the regular delivery of daily or weekly newspapers on a trial basis (trial or introductory subscription) is not tacitly extended and terminates automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless he objects to the termination before the end of the agreed duration in a reasonable and fair manner.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the beginning of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of services, this period starts after the consumer has received confirmation of the contract.
The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs notified to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the performance of the contract must be submitted to the entrepreneur in full and clearly described within 7 days of the consumer discovering the deficiencies.
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 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur states otherwise in writing.
If the entrepreneur considers a complaint to be justified, he will, at his own discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.