GENERAL TERMS AND CONDITIONS Maison Osé

ARTICLE 1 -DEFINITIONS

For the purposes of these terms and conditions, the following definitions shall apply:

Ancillary agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these items are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

Withdrawal period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Door-to-door contract: a contract that extends to the regular delivery of goods, services and/or digital content for a certain period of time;

Durable medium: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which enables the unaltered reproduction of the stored information;

Right of withdrawal: the possibility of the consumer to waive the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers (access to) digital content and/or services at a distance to consumers;

Distance contract: an agreement that is concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content and / or services, whereby until the conclusion of the agreement exclusive or partial use of one or more means of distance communication;

Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having met simultaneously in the same room.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Company name and business address:

Maison Osé

Joost Banckertsplaats 163

3012 HJ Rotterdam

E-mailadres: info@maisonose.nl
Chamber of Commerce number: 84582227
Btw-identificatienummer: NL003987912B29

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the remote agreement is concluded, that the general conditions are available for inspection at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs 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 favourable to him.

ARTICLE 4 - THE OFFER

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Kleuren:
I cannot guarantee that the colors in the Webshop reflect the actual colors' of the cardigan or sweater. The colors may be displayed in different ways depending on, for example, your computer or phone screen, graphics card and computer settings.

ARTICLE 5 - THE AGREEMENT

The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may - within legal limits - obtain information about the consumer's ability to fulfill his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If the entrepreneur, on the basis of this research, has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
a. the visiting address of the trader's branch where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract

ARTICLE 6 - RIGHT OF WITHDRAWAL

  1. With products
    The consumer can dissolve a contract relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
  2. The cooling-off period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, received the product, or:
    a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times;
    b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
    c. in case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

ARTICLE 7 - OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD

  1. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer shall only be liable for diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

ARTICLE 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF

  1. If the consumer exercises his right of withdrawal, he notifies the entrepreneur within the reflection period in an unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has complied with the return period in any case if he returns the product before the period of 14 days has expired.
  3. The consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the trader has not notified the consumer that the consumer should bear these costs or if the trader indicates that the consumer should bear the costs himself, the consumer does not have to bear the costs of return shipment.

ARTICLE 9 - OBLIGATIONS OF THE TRADER IN CASE OF WITHDRAWAL

  1. If the trader enables the consumer's notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.
  2. The entrepreneur shall reimburse the consumer's payment, The cost of return shipment shall be borne by the consumer.
  3. For reimbursement, the entrepreneur uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is at the expense of the consumer.

ARTICLE 10 - EXCLUSION OF RIGHT OF WITHDRAWAL

  1. The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur stated this clearly in the offer, at least in time for the conclusion of the contract:
  2. Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person.

ARTIKEL 11 - PRICE

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to rising raw material prices, increases in shipping costs and/or changes in VAT rates.
  2. The prices mentioned in the offer of products or services include VAT.

ARTICLE 12 - PERFORMANCE CONTRACT AND ADDITIONAL GUARANTEE

  1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  3. Additional warranty means any commitment by the entrepreneur, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.

ARTICLE 13 - DELIVERY AND EXECUTION

  1. Maison Osé will take the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
  2. If the delivery service is unable to deliver the package to the consumer due to the consumer's fault (for example, by entering a wrong address or not being home at the agreed time), the costs resulting from resending the package will be charged to the consumer. This amount will be equal to the shipping costs that would initially be charged for the indicated delivery location, the cancellation of shipping costs at a certain order amount is no longer applicable in this situation.
  3. The place of delivery is the address that the consumer has made known to the entrepreneur.
  4. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and the right to possible compensation.
  5. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer
  6. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.

 

ARTICLE 14 - PAYMENT

  1. You can pay in the webshop in several ways. You can pay in advance with Ideal, Paypal, Bancontact, Sofort Banking, EPS, credit card or Giropay.
  2. De consument heeft de plicht om onjuistheden in verstrekte of vermelde betaalgegevens onverwijld aan de ondernemer te melden.
  3. In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

ARTICLE 15 - COMPLAINTS PROCEDURE

  1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months of the filing of the complaint, a dispute arises that is amenable to the dispute resolution procedure.

ARTICLE 16 - DISPUTES

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
  2. Disputes between the Consumer and the Entrepreneur about the formation or performance of contracts related to products and services to be supplied or delivered by this Entrepreneur can, subject to the provisions below, be submitted by both the Consumer and the Entrepreneur to the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
  3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
  4. No later than twelve months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
  5. When the consumer wants to submit a dispute to the Dispute Commission, the entrepreneur is bound to this choice. When the entrepreneur wants to do so, the consumer will have to speak out in writing within five weeks after a written request made by the entrepreneur, whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
  6. The Disputes Committee rules under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
  7. The Disputes Committee will not deal with a dispute or will cease to deal with it if the entrepreneur has been granted a suspension of payments, has become bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the session and a final ruling has been issued.
  8. If, in addition to the Geschillencommissie Webshop, another dispute committee recognized by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Geschillencommissie Webshop has exclusive competence for disputes mainly concerning the method of distance selling or provision of services. For all other disputes, the other dispute committee recognized by SGC or Kifid is affiliated.

 

ARTICLE 17 - OFFERS AND PRICES

Offers are valid while supplies last. Maison Osé is not bound by its offer if there are programming errors in its website.

ARTICLE 18 - TAXES & OBLIGATIONS

Maison Osé cannot be held responsible for any additional charges, customs fees and taxes applicable in your country. This responsibility lies with the customer. If you have any questions, please contact your local customs or courier for more information.

ARTICLE 19 - COPYRIGHT

It is forbidden to take over, publish, reproduce or otherwise use text and/or image material without written permission. In case of violation, we will take legal action.

 

OTHER

- Communication can only take place in Dutch, French, German and English.
- E-mail address of Maison Osé is info@maisonose.nl.
- Address: Maison Osé, Rotterdam.