These are the terms and conditions of BOUJÉE Clothing V.O.F.
Names of the entrepreneurs: M.J.D. Huybregts & G.A.N. Huybregts
Registered at Broekhin-Zuid 57, 6042EB Roermond, The Netherlands
Accessibility: Monday to Friday 10:00 – 17:00 (10 am – 5 pm)
Telephone number: +31642651520
Email address: firstname.lastname@example.org
Chamber of commerce number: 70212279
VAT number: NL 858194132B01
In these terms and conditions is meant by:
- Additional agreement: An agreement where a customer purchases products in connection with a remote agreement and these products are delivered by BOUJÉE Clothing or by a third party based on an agreement between this third party and BOUJÉE Clothing;
- Cooling-off period: the period during which a customer can use his right of withdrawal;
- Customer: the private individual who does not act for purposes that are related to his trade, business, craft or professional activity;
- Entrepreneur: The private- or legal person which offers remote products and/or services to customers;
- Day: calendar day;
- Durable data carrier: any resource – including email – that enables a customer or BOUJEÉ Clothing to store information personally addressed to it in a manner that enables future reference or use during a period that is aligned with the purpose for which the information is intended and that makes unchanged reproduction of the stored information possible.
- Right of withdrawal: the possibility for a customer to withdraw from the remote agreement within the cooling-off period;
- Withdrawal form: the form for withdrawal which BOUJÉE Clothing provides for customers to use their right of withdrawal;
- Remote agreement: an agreement that is concluded between BOUJÉE Clothing and a customer in the context of an organised system for the remotely selling of products where one or more techniques for remote communication is/are exclusively or partly used until the conclusion of the agreement;
- Technique for remote communication; resource that can be used for concluding an agreement where a customer and BOUJÉE Clothing do not have to be present in the same room.
- These general terms and conditions are applicable to any offer from BOUJÉE Clothing and to any concluded remote agreement between BOUJÉE Clothing and a customer.
- Before the agreement is concluded remotely, the content of these general terms and conditions will be provided to the customer electronically in such a manner that the customer can store them easily on a durable data carrier. If this is reasonably not possible, BOUJÉE Clothing will, before the agreement is conducted remotely, indicate how the general terms and conditions can be viewed electronically and state that, if requested, they will be sent to the customer free of charge, either electronically of in some other way.
- In case one of more provisions in these terms and conditions are fully or partly being nullified on a certain point, the agreement plus terms and conditions will stay in place for the remaining part. The particular provision will, in mutual consultation, immediately be replaced with a provision which meets the original one as much as possible.
- Situations which are not determined in the terms and conditions, will be treated in the spirit of these terms and conditions.
- If an offer is valid for a limited period or is made subject to conditions, this will be mentioned explicitly in the offer.
- The offer is without obligation. BOUJÉE Clothing is entitled to change or adjust the offer.
- Obvious mistakes or faults in the offer of products will not be binding on BOUJÉE Clothing.
- Every offer contains such information that it is clear for the customer what the rights and obligations are that are connected with the acceptance of the offer.
- The agreement is, subject to paragraph 4, concluded at the moment of acceptance of the offer by the customer and compliance with the corresponding set conditions.
- If the customer has accepted the offer electronically, BOUJÉE Clothing will immediately confirm receipt of the acceptance of the offer electronically.
- If the agreement is established electronically, BOUJÉE Clothing will be taking technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the customer pays electronically, BOUJÉE Clothing will take suitable security measures into account.
- BOUJÉE Clothing will provide the following information to the customer no later than with delivery:
a. The visiting address of the BOUJÉE Clothing branch that the customer can contact, for example in case of complaints;
b. The way in which the customer can use the right of withdrawal and under which conditions, or clear notification regarding being excluded from the right of withdrawal;
c. The information about warranties and existing service after purchase;
d. The price of the product, including all taxes, any applicable delivery costs and the payment method, delivery or performance of the remote agreement.
e. The withdrawal form if the customer has a right of withdrawal.
- The customer can terminate an agreement related to the purchase of a product without giving reasons during a cooling-off period of 14 days. BOUJÉE Clothing may ask the customer for the reason for withdrawal, but the customer is not obliged to give any reason(s).
- The cooling-off period mentioned in paragraph 1 will start on the day after the customer, or a third party appointed by the customer beforehand, who is not the transporter, has received the product, or:
a. if the customer has ordered several products in the same order: the day on which the customer, or a third party appointed by the customer, has received the last product. BOUJÉE Clothing may refuse an order of several products with different delivery times, provided it has clearly informed the customer of this prior to the order process, or;
b. if the delivery of a product consists of different shipments or parts: the day on which the customer, or a third party appointed by him, has received the last shipment or the last part.
- During the cooling-off period the customer will handle the product and the packaging carefully. He will only unwrap or use the product to the extent that is required to establish the nature, the features and the operation of the product. The principle here is that the customer may only handle and inspect the product like he would be allowed to do in a shop.
- The customer is liable for any depreciation of the product that is caused by handling of the product that goes beyond what is allowed in paragraph 1.
- If the customer uses his right of withdrawal, he will report this to BOUJÉE Clothing within the cooling-off period by using the withdrawal form or some other clear method.
- The customer will return the product as soon as possible, but within 14 days from the day following the notification as mentioned in paragraph 1, or he will hand it to (an authorised representative of) BOUJÉE Clothing. This will not be necessary if BOUJÉE Clothing has offered to collect the product itself. In any case, the customer will have observed the returns deadline if he returns the product before the cooling-off period has expired.
- The customer will return the product with all supplied accessories, in the original condition and packaging if reasonably possible, and in accordance with the instructions provided by BOUJÉE Clothing. If the customer uses his right of withdrawal, he will report this to BOUJÉE Clothing within the cooling-off period by using the withdrawal form or some other clear method.
- The risk and burden of proof for correct and timely exercising of the right of withdrawal lies with the customer. The customer will return the product with all supplied accessories, in the original condition and packaging if reasonably possible, and in accordance with the instructions provided by BOUJÉE Clothing.
- The customer will bear the direct costs for returning the product.
- Further required information regarding the returning of a product is mentioned on the website.
- If the customer uses his right of withdrawal, all additional agreements will be legally dissolved. Further required information regarding the returning of a product is mentioned on the website.
- If the customer only return a part of the order, the shipping costs will not be refunded by BOUJÉE Clothing.
- If BOUJÉE Clothing allows the customer to provide notification of withdrawal electronically, it will immediately send a confirmation of receipt after this notification has been received.
- BOUJÉE Clothing will refund all payments to the customer, including any delivery costs charged by BOUJÉE Clothing for the returned product, immediately though within 14 days following the day that the customer gives notice of withdrawal. Unless BOUJÉE Clothing offers to collect the product itself, it is allowed to wait with the refund until it has received the product or until the customer demonstrates that he has sent back the product, whichever is sooner.
- BOUJÉE Clothing will use the same payment method for refunds that was used by the customer unless the customer agrees to another method. The refund is free of charge for the customer.
- If the customer has selected a more expensive delivery method than the cheapest standard delivery, BOUJÉE Clothing will not have to refund the additional costs for the more expensive method.
- During the validity period mentioned in the offer the prices of the offered products will not be increased, except for price adjustments caused by changes in VAT tariffs.
- The prices of products mentioned in the offer are including VAT.
- Provided discount codes or codes which aim to facilitate free delivery are not applicable to products which are already in sale.
- All prices are subject to printing- and typing errors. For the consequences of this is no liability accepted. When printing- and typing errors occur BOUJÉE Clothing is not obligated to deliver the product for to the incorrect price.
- BOUJÉE Clothing guarantees that the products comply with the agreement, the specifications mentioned in the offer, reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that are applicable on the date the agreement is concluded.
- In any event, no claims can be made under paragraph 1 of this article in case of (i) damage caused by intent or negligence, (ii) normal wear and tear and/or (iii) damage caused by not observing or incorrectly observing the instruction manual or usage instructions.
- An extra warranty provided by BOUJÉE Clothing, its supplier, manufacturer or importer will never limit the legal rights and claims that the customer can assert against BOUJÉE Clothing based on the agreement if BOUJÉE Clothing fails to comply with its part of the agreement.
- Extra warranty means any commitment by BOUJÉE Clothing, its supplier, importer or producer that rewards the customer with certain rights or claims that go beyond what is required by law in case it fails to comply with its part of the agreement.
- The warranty does not apply when:
a. The customer has repaired or edited the delivered products by himself or by a third party
b. The delivered products exposed to abnormal circumstances or have been treated carelessly or contrary to the instructions of the entrepreneur and/or is on the packaging.
c. The faulty is completely or partly the consequence of the prescriptions of the government of will make regarding the quality of the materials.
- BOUJÉE Clothing will devote the highest possible care to the acceptance and execution of orders for products.
- Delivery will take place while stocks last.
- In addition to the purchase price, BOUJÉE Clothing bills the customer for the shipping costs.
- The ownership of the supplied products will pass to the customer after the amount owed has been paid. The risk relating to the products will be transferred at the moment of delivery to the customer.
- The delivery address is the address that the customer has provided to BOUJÉE Clothing.
- The customer should provide the correct address and e-mail address to BOUJÉE Clothing. In addition, any changes thereto should be notified to BOUJÉE Clothing on time. If the customer has provided the wrong address for the delivery, the extra delivery charges will be charged to the customer.
- BOUJÉE Clothing will execute accepted orders with due haste though within 30 days, unless another delivery time has been agreed. If the delivery suffers a delay, or if an order cannot be executed or can only partly be executed, the customer will receive notification thereof no later than 30 days after he has placed the order. In that case, the customer has the right to dissolve the agreement without any costs.
- After dissolution in accordance with the previous paragraph, BOUJÉE Clothing will immediately refund the amount that the customer has paid.
- The risk of damage to and/or loss of products lies with BOUJÉE Clothing until the moment of delivery to the customer or a representative appointed beforehand and notified to BOUJÉE Clothing, unless explicitly agreed otherwise.
- Unless specified otherwise in the agreement, the customer must pay the amounts owed within 14 days after the start of the cooling-off period or, if there is no cooling-off period, within 14 days after the conclusion of the agreement.
- The customer is obliged to immediately report to BOUJÉE Clothing any mistakes in payment details provided or mentioned. Payments via giro or banking institutions are made at the expense and risk of the person who issues the order (or authorisation) for payment.
- If the customer does not comply (fully or partially) with its payment obligation(s) on time, he will, after BOUJÉE Clothing has reminded him of the late payment and after BOUJÉE Clothing has given the customer a period of 14 days in which to still comply with his payment obligations, owe statutory interest on the owed amount if payment has not been made during this 14-day period, and BOUJÉE Clothing will have the right to charge him for the extrajudicial collection costs incurred by BOUJÉE Clothing. These collection costs are: 15% on outstanding amounts up to € 2,500, 10% on the next € 2,500 and 5% on the next € 5,000, with a minimum of € 40.
- The website and all parts thereof, with the exception of certain hyperlinks to third parties, are the property of BOUJÉE Clothing. All intellectual property rights related to the website and all parts thereof (such as the offered products) rest with BOUJÉE Clothing, insofar as these rights do not belong to third parties.
- Without the prior written approval of BOUJÉE Clothing, the website, parts of the website, information obtained from the website, products displayed on the website or other material displayed on the website must not be disclosed, reproduced, stored or offered for sale, in any shape or form.
BOUJÉE Clothing and the customer are not obliged to comply with any obligation if they are hindered in doing so as a result of a circumstance that is not their fault and which is not regarded as their responsibility under the law, a legal act or generally accepted practice.
- BOUJÉE Clothing has a sufficiently disclosed complaints procedure and deals with complaints in accordance with this complaints procedure.
- Complaints regarding the performance of the agreement must be submitted to BOUJÉE Clothing as soon as the customer has identified the defects, with a full and clear description.
- Complains submitted to BOUJÉE Clothing will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, BOUJÉE Clothing will, within the period of 14 days, send a message of receipt with an indication of when the customer can expect a more extensive answer.
- Agreements, and all non-contractual obligations arising therefrom, between BOUJÉE Clothing and the customer to which these General Terms and Conditions apply, are subject exclusively to Dutch law.
- Any disputes between BOUJÉE Clothing and the customer will initially be settled by an authorised court in the Netherlands.
- Possible deviations from these General Terms and Conditions can only be agreed in writing. No rights can be derived from such deviations with regard to subsequent legal relationships.
- The administrative records of BOUJÉE Clothing will be deemed as proof of the requests and/or orders issued by the customer, except where proof is provided to the contrary. The customer acknowledges that electronic communication can serve as proof.
- BOUJÉE Clothing has the right to transfer the rights and obligations from the agreement with you to a third party by giving you a single notification thereof.
- If and insofar as any provisions of the General Terms and Conditions are declared void or annulled, the remaining provisions of these General Terms and Conditions will remain in force without prejudice. In that case, BOUJÉE Clothing will determine a new provision to replace the void/annulled provision, whereby the meaning of the void/annulled provision will be observed as much as possible.