Algemene voorwaarden you are a god-dess
- you are a god-dess: you are a god-dess, established in Amersfoort, Chamber of Commerce no. 83612882.
- Customer: the party which you are a god-dess has entered into an agreement with.
- Parties: you are a god-dess and customer together.
- Consumer: a customer who is an individual acting for private purposes.
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of you are a god-dess.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
- All prices used by you are a god-dess are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- you are a god-dess is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which you are a god-dess could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Samples / models
If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Payments and payment term
- Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without you are a god-dess having to send the customer a reminder or to put him in default.
- you are a god-dess reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Right of recovery of goods
- As soon as the customer is in default, you are a god-dess is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- you are a god-dess invokes the right of recovery by means of a written or electronic announcement.
- As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to you are a god-dess, unless the parties agree to make other arrangements about this.
- The costs for the collection or return of the products are at the expense of the customer.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.
- Delivery takes place while stocks last.
- Delivery of products ordered online takes place at the address indicated by the customer.
- Any delivery period specified by you are a god-dess is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
- The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from you are a god-dess.
- Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless you are a god-dess cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Shipping costs are for the account of the customer, unless the parties have agreed otherwise. The shipping costs depend on the weight of the package. Up to a weight of 400 grams and the package fits through the letterbox, the customer pays a rate of € 4.10. From 400 grams to 10 kilos there is a fixed rate for the shipping costs of € 6.75 for the customer.
Packaging and shipping
- You are a god-dess sent to parcels via Post NL. If you live outside the Netherlands, the package will be handed over to the local courier. The packages are always offered with Track and Trace.
- You are a god-dess works according to the ‘made to order’ principle, which means that your clothing item is only made after payment. The delivery time is approximately 3 weeks. If this is longer for whatever reason, the consumer will always be informed by e-mail.
- If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which you are a god-dess cannot be held liable. be held for any damage.
- If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to you are a god-dess prior to transport, failing which you are a god-dess cannot be held liable for possible damage.
If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.
- The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
- Exchange is only possible if the following conditions are met:
- exchange takes place within 7 days after purchase upon presentation of the original invoice
- the product is returned in the original packaging or with the original (price) tags still attached to it
- the product has not been used
The customer indemnifies you are a god-dess against all third-party claims that are related to the products and/or services supplied by you are a god-dess.
- The customer must examine a product or service provided by you are a god-dess as soon as possible for possible shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform you are a god-dess of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
- Consumers must inform you are a god-dess of this within two months after detection of the shortcomings.
- The customer gives a detailed description as possible of the shortcomings, so that you are a god-dess is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to you are a god-dess being forced to perform other work than has been agreed.
The customer must provide any notice of default to you are a god-dess in writing.
It is the responsibility of the customer that a notice of default actually reaches you are a god-dess (in time).
Joint and several Client liabilities
If you are a god-dess enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to you are a god-dess under that agreement.
Liability of you are a god-dess
- you are a god-dess is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
- If you are a god-dess is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
- you are a god-dess is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
- If you are a god-dess is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from you are a god-dess shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
- The customer has the right to dissolve the agreement if you are a god-dess imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
- If the fulfillment of the obligations by you are a god-dess is not permanent or temporarily impossible, dissolution can only take place after you are a god-dess is in default.
- you are a god-dess has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give you are a god-dess good grounds to fear that the customer will not be able to fulfill his obligations properly.
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of you are a god-dess in the fulfillment of any obligation to the customer cannot be attributed to you are a god-dess in any situation independent of the will of you are a god-dess, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from you are a god-dess .
- The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which you are a god-dess cannot fulfill one or more obligations towards the customer, these obligations will be suspended until you are a god-dess can comply with it.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- you are a god-dess does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
The previous paragraph does not apply to products purchased in a physical store.
Changes in the general terms and conditions
- you are a god-dess is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major changes in content will be discussed by you are a god-dess with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with you are a god-dess to third parties without the prior written consent of you are a god-dess.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what you are a god-dess had in mind when drafting the conditions on that issue.
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements between the parties.
- The Dutch court in the district where you are a god-dess is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.