Article 1 - Definitions
In these conditions:
1.Entrepreneur: The natural or legal person that offers products and / or services to consumers at a distance;
2.Consumer: The natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
3.Distance contract: An agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement only one or more communication techniques are used. distance;
4.Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same place at the same time;
5.Reflection period: The period within which the consumer can make use of his right of withdrawal;
6.Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection period;
7.Day: Calendar day;
8.Transaction Duration: A distance contract relating to a range of products and / or services, the supply and / or purchase obligation of which is spread over time;
9. Durable data carrier: Any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered
Article 2 - Identity of the entrepreneur
Gigi Vitale Fashion
2908LP Capelle a/d Ijssel
Accessible from Monday to Friday from 9 am to 5 pm CET
E-mail address: [email protected]
Chamber of Commerce number: 709578000000
VAT registration number: NL215246858B01
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been established 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 viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumers can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply and in the event of conflicting general terms and conditions the consumer can always invoke the applicable provision which most favorable.
Article 4 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- 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 possible costs of delivery;
- The manner in which the agreement will be concluded and which actions are necessary for this;
- Whether or not to apply the right of withdrawal;
- The method of payment, delivery or execution of the agreement;
- The period for acceptance of the offer, or the period for adhering to the price;
- The level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
- If the agreement is filed after the conclusion, how it can be consulted for the consumer;
- The way in which the consumer can get informed of the undesirable actions he or she wants before concluding the contract, as well as the way in which he can rectify these before the contract is concluded;
- Any languages in which, in addition to Dutch, the agreement can be concluded;
- The codes of conduct to which the entrepreneur is subject 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 an agreement that extends to the continuous or periodic delivery of products or services.
Article 5 - The contract
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, 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 transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can - within legal frameworks - inform 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 the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
- With the product or service the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- The information about existing service after purchase and guarantees;
- The price including all taxes of the product, service or digital content; to the extent that
apply the costs of delivery; and the method of payment, delivery or execution of the
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
- If the consumer has a right of withdrawal, the model form for withdrawal.
- If the entrepreneur has committed himself to supplying a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
- The consumer can terminate an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
- The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- If the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
- 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, received the last shipment or the last part;
- In the case of agreements for the 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.
For services and digital content that is not delivered on a tangible medium:
- The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
- The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection time for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
- If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original period of reflection, the reflection period will expire 14 days after the day on which the consumer has received this information.
Article 7 - Obligations of the consumer during the reflection period
- During the reflection period, the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to determine 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.
- The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
- The consumer is not liable for the value reduction of the product if the entrepreneur has not provided him with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer
- If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the reflection time by means of the model withdrawal form or in an unequivocal manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the reflection time has expired.
- The consumer shall return the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
- If the consumer rescinds after having first expressly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale start in a limited volume or quantity during the reflection period, the consumer is the entrepreneur owes an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the moment of withdrawal, compared with the full fulfillment of the obligation.
- The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- The entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon revocation or the model form for withdrawal, or;
- The consumer has not explicitly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the reflection time.
- The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
- He has not expressly agreed to the commencement of the agreement prior to the delivery before the end of the reflection time;
- He has not acknowledged to lose his right of withdrawal when giving his consent; or
- The entrepreneur has failed to confirm this statement from the consumer.
- If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgment of receipt immediately after receipt of this notification.
- The trader will reimburse all payments from the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
- The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
- Service contracts, after full execution of the service, but only if:
- Execution has started with the express prior consent of the consumer; and
- The consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
- Service agreements for the provision of accommodation, if a specific date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
- Agreements with regard to leisure activities, if a certain date or period of execution is provided for in the agreement;
- Products manufactured according to the consumer's specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
- Products which by their nature are irrevocably mixed with other products after delivery;
- Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, magazines or magazines, with the exception of subscriptions to this;
- The supply of digital content other than on a tangible medium, but only if:
- Execution has started with the express prior consent of the consumer; and
- The consumer has stated that he thereby loses his right of withdrawal.
Article 11 - The price
- During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- a) These are the result of statutory regulations or provisions; or
- b) The consumer has the authority to cancel the agreement by the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 12 - Conformity and Guarantee
- The entrepreneur warrants 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 legal rights existing on the date of the conclusion of the agreement. provisions and / or government regulations.
- An arrangement offered by the entrepreneur, manufacturer or importer as guarantee does not affect the rights and claims that the consumer can assert to the entrepreneur in respect of a shortcoming in the performance of the obligations of the entrepreneur by virtue of the law and / or the distance contract.
Article 13 - Delivery and execution
- The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- 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 no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated 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 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 and the entrepreneur announced representative, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, cancellation and extension
- The consumer can terminate an agreement that has been concluded for an indefinite period and which 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 concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period. up to one month.
- The consumer may conclude the agreements referred to in the previous paragraphs:
- Cancel at any time and not be limited to termination at a specific time or in a certain period;
- At least cancel in the same way as they have entered into by him;
- Always cancel with the same notice period as the entrepreneur has stipulated for himself.
- A contract 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.
- Notwithstanding the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has renewed this extension. agreement by the end of the extension can terminate with a notice period of no more than one month.
- A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness cancel before the end of the agreed term. to resist.
Article 15 – Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or in case of an agreement to provide a service, within 14 days after issuance of this agreement concerning documents .
- When selling products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
Article 16 - Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, 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. 1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, 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.
Article 17 - Intellectual property.
The Buyer explicitly acknowledges that all rights of intellectual property of displayed information, announcements or other expressions concerning the products and / or with regard to the internet site belong to Gigi Vitale Fashion its suppliers or other entitled parties.
Article 18 - Personal data.
Article 19 - Applicable law and competent court.
Exclusively Dutch law applies to all offers of Gigi Vitale Fashion, its agreements and the execution thereof. Applicability of the Vienna Sales Convention is explicitly excluded.
Article 20 - Links
Article 21 - Your rights
You can always ask Gigi Vitale Fashion which data is processed about you. You can send an e-mail for this. You can also ask Gigi Vitale Fashion by e-mail to make improvements, additions or other corrections that Gigi Vitale Fashion will process as soon as possible. If you no longer wish to receive information then you can inform Gigi Vitale Fashion. Sending information only happens if you have provided your e-mail address.
Article 22 - Additional or deviating provisions
Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.