General terms and conditions
lareine-hautecouture.nl
Definitions
1. LAREINE COUTURE, established in The Hague under Chamber of Commerce number 89026136.
2. Customer: the person with whom LAREINE COUTURE has entered into an agreement.
3. Parties: LAREINE COUTURE and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of LAREINE COUTURE.
2. Parties may only deviate from these terms and conditions if they have expressly agreed to this in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
Prices
1. All prices used by LAREINE COUTURE are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
2. LAREINE COUTURE may change all prices that it uses for its products or services, on its website or otherwise made known, at any time.
3. Increases in the cost prices of products or parts thereof, which LAREINE COUTURE could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
4. 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 a statutory regulation.
Monsters/Models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Consequences of not paying on time
1. If the customer is in default, he will also owe LAREINE COUTURE extrajudicial collection costs and any compensation.
2. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
3. If the customer does not pay on time, LAREINE HAUTECOUTURE may suspend its obligations until the customer has fulfilled his payment obligation.
4. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, LAREINE COUTURE's claims on the customer shall be immediately due and payable.
5. If the customer refuses to cooperate with the execution of the agreement by LAREINE COUTURE, he is still obliged to pay the agreed price to LAREINE COUTURE.
Right of complaint
1. As soon as the customer is in default, LAREINE COUTURE is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. LAREINE COUTURE invokes the right of complaint by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to LAREINE COUTURE, unless the parties make other arrangements in this regard.
4. The costs of retrieving or returning the products shall be borne by the customer.
Right of withdrawal
1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:
2. the product has not been used
3. it is not a product that can spoil quickly, such as food or flowers
4. it is not a product that has been custom-made or adapted specifically for the consumer
5. it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, jewellery, headscarves, etc.)
6. the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)
7. the product is not a trip, transport ticket, catering order or form of leisure activity
8. the product is not a loose magazine or loose newspaper
9. it does not concern an (order for) emergency repair
10. the consumer has not waived his right of withdrawal
11. The 14-day reflection period as referred to in paragraph 1 commences:
1. on the day after the consumer has received the last product or part of 1 order
2. as soon as the consumer has received the first product with a subscription
3. as soon as the consumer has purchased a service for the first time
4. once the consumer has confirmed that he will purchase digital content via the internet
1. The consumer can make his/her appeal to the right of withdrawal known by means of the withdrawal form that can be completed and sent via the website of LAREINE COUTURE, www.lareinecouture.nl .
2. The consumer is obliged to return the product to LAREINE COUTURE within 14 days, failing which his right of withdrawal will lapse.
3. You will be responsible for the costs of returning the item.
4. Cancelling your order is only possible within 6 hours after the order has been placed.
Right of suspension
Unless the Customer is a consumer, the Customer waives the right to suspend the performance of any obligation arising from this Agreement.
Right of retention
1. LAREINE COUTURE may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices to LAREINE COUTURE, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to LAREINE COUTURE.
3. LAREINE COUTURE is never liable for any damage that the customer may suffer as a result of exercising his right of retention.
Settlement
Unless the customer is a consumer, the customer waives his right to offset a debt to LAREINE COUTURE against a claim on LAREINE COUTURE.
Retention of title
1. LAREINE COUTURE shall remain the owner of all delivered products until the customer has fully complied with all its payment obligations towards LAREINE COUTURE under any agreement concluded with LAREINE COUTURE, including claims relating to failure to comply.
2. Until then, LAREINE COUTURE may invoke its right of retention of title and take back the items.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If LAREINE COUTURE invokes its right of retention of title, the agreement will be deemed to have been terminated and LAREINE COUTURE will be entitled to claim damages, lost profits and compensation.
Delivery
1. Delivery will take place while stocks last.
2. Delivery will take place at LAREINE COUTURE, unless the parties have agreed otherwise.
3. Delivery of products ordered online will take place at the address specified by the customer.
4. If the agreed amounts are not paid or not paid on time, LAREINE COUTURE has the right to suspend its obligations until the agreed portion has been paid.
5. In the event of late payment, the creditor is in default, with the result that the customer cannot object to late delivery to LAREINE COUTURE.
Delivery time
1. The delivery times stated by LAREINE COUTURE are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time commences at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from LAREINE COUTURE.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless LAREINE COUTURE cannot deliver within 14 days after written notice to do so or the parties have agreed otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Shipping costs
Transportation costs are for the account of the customer, unless the parties have agreed otherwise.
Packaging and shipping
1. If the packaging of a delivered product is opened or damaged, the customer must have a note made of this by the carrier or delivery person before accepting the product, failing which LAREINE COUTURE cannot be held liable for any damage.
2. If the customer arranges for the transport of a product himself, he must report any visible damage to products or packaging to LAREINE COUTURE prior to transport, failing which LAREINE COUTURE cannot be held liable for any damage.
Storage
1. If the customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs resulting from premature or late purchase of products will be borne entirely by the customer.
Warranty
1. The warranty with respect to products applies exclusively to defects caused by defective manufacturing, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, modifications to the product, negligence or improper use by the customer, or if the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the time when they are legally and/or actually delivered, or at least come into the possession of the customer or of a third party who receives the product on behalf of the customer.
Swap
1. Exchanges are only possible if the following conditions are met:
2. Exchanges can be made within 14 days of purchase upon presentation of the original invoice.
3. the product is returned in the original packaging or with the original (price) tags still attached
4. the product has not yet been used
5. Discounted items, non-durable items such as food, custom-made items or items specially adapted for the customer cannot be exchanged.
Disclaimer
The customer indemnifies LAREINE COUTURE against all claims from third parties relating to the products and/or services supplied by LAREINE COUTURE.
Complaints
1. The customer must examine a product or service supplied by LAREINE COUTURE as soon as possible for any deficiencies.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform LAREINE COUTURE of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
3. Consumers must inform LAREINE COUTURE of any deficiencies within 24 hours of receiving the order.
4. The customer shall provide as detailed a description as possible of the deficiency, so that LAREINE HAUTECOUTURE is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this may in any case not lead to LAREINE HAUTECOUTURE being obliged to perform work other than that agreed upon.
Notice of default
1. The customer must notify LAREINE COUTURE of any notice of default in writing.
2. It is the customer's responsibility to ensure that a notice of default actually reaches LAREINE COUTURE (on time).
Customer's joint and several liability
If LAREINE COUTURE enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to LAREINE COUTURE under that agreement.
Liability LAREINE COUTURE
1. LAREINE COUTURE is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
2. If LAREINE COUTURE is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
3. LAREINE COUTURE is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
4. If LAREINE COUTURE is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and
in the absence of (full) payment of the amount of damage by an insurance company, liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.
Expiry date
Any right of the customer to compensation from LAREINE COUTURE shall in any case expire 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Civil Code.
Right of withdrawal
1. The customer has the right to terminate the agreement if LAREINE COUTURE is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.
2. If LAREINE COUTURE is unable to fulfil its obligations, either permanently or temporarily, dissolution may only take place after LAREINE COUTURE is in default.
3. LAREINE HAUTECOUTURE has the right to terminate the agreement with the customer if the customer does not fully or timely fulfil his obligations under the agreement, or if LAREINE COUTURE has become aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfil his obligations.
Force majeur
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by LAREINE COUTURE to fulfil any obligation towards the customer cannot be attributed to LAREINE COUTURE in a situation beyond the control of LAREINE COUTURE, which prevents the fulfilment of its obligations towards the customer in whole or in part or which makes it unreasonable to expect LAREINE COUTURE to fulfil its obligations.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which LAREINE COUTURE cannot fulfil one or more obligations towards the customer, those obligations will be suspended until LAREINE COUTURE can fulfil them again.
4. From the moment that a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing in whole or in part.
5. In the event of force majeure, LAREINE COUTURE is not liable for any (damage) compensation, even if it enjoys any benefit as a result of the force majeure situation.
Amendment of the agreement
If, after the conclusion of the agreement, it appears necessary to change or supplement its content for its execution, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.
Changes to general terms and conditions
1. LAREINE COUTURE is entitled to amend or supplement these general terms and conditions.
2. Minor changes may be made at any time.
3. LAREINE COUTURE will discuss major content changes with the customer in advance as much as possible.
4. Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.
Transfer of rights
1. The customer's rights under an agreement between the parties may not be transferred to third parties without the prior written consent of LAREINE COUTURE.
Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null and void or voidable shall in that case be replaced by a provision that comes closest to what LAREINE COUTURE had in mind when drawing up the conditions on that point.
Created on 27-08-2024