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Terms and Conditions With a touch of Rose for deliveries to consumers
With a touch of Rose is registered at the Chamber of Commerce of Amsterdam, number 34270558. For questions you can contact us by sending an email to firstname.lastname@example.org
Article 1. Definitions
In these general conditions the following terms are used in the following meaning, unless explicitly stated otherwise:
- With a touch of Rose is the user of these terms and conditions and operator of the webshop. within the meaning of article 6: 231 under b BW.
- The consumer is the natural person who purchases the business of With a touch of Rose and does not act in the exercise of profession or business.
- The contract is valid until the moment of delivery.
Article 2. General
- These general terms and conditions apply to all offers, quotations and agreements between With a touch of Rose and consumers of the With a touch of Rose webshop.
- Any deviations from these conditions are only valid if they have been expressly agreed in writing.
- If With a touch of Rose, for a short or longer period of time, tacitly or not deviations from these general terms and conditions are permitted, this does not affect its right to demand immediate and strict compliance with these conditions. The consumer can not derive any rights from the manner in which With a touch of Rose applies the present conditions.
- The applicability of any other conditions of consumer are explicitly rejected.
- If one or more provisions of the terms and conditions are null and void or are nullified, the other provisions of these General Terms and Conditions remain fully applicable.
- If one or more of the provisions of the present general terms and conditions or any other agreement with With a touch of Rose should be in conflict with a mandatory statutory provision or any applicable legal provision, the relevant provision will lapse and will be replaced by a by With a touch of Rose to adopt new, legally permissible and comparable provision.
Article 3. Offers
- All offers and tenders from With a touch of Rose are revocable and are made without obligation, unless otherwise stated in writing.
- A composite quotation does not oblige With a touch of Rose to deliver part of the goods included in the offer or quotation or to perform part of the work for a corresponding part of the stated price.
- Obvious errors or errors in the offer of With a touch of Rose do not make With a touch of Rose obligatory in following up.
- The prices in the offers and tenders of With a touch of Rose include VAT and other government levies, but exclude any costs related to the delivery, including shipping and packaging costs, unless stated otherwise.
- Offers and quotations do not automatically apply to repeat orders.
Article 4. Agreement
An agreement is only concluded after written acceptance of an order by With a touch of Rose. With a touch of Rose is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, With a touch of Rose will notify this within ten (10) working days after receipt of the order.
Article 5. Prices and payment method
- All prices are stated in euros including VAT and excluding delivery costs and other costs related to delivery. These delivery costs are to be paid by the consumer.
- When placing an order, postage will be charged separately on the invoice.
- With a touch of Rose has the right to change its sales prices if this is applicable in its opinion.
- Orders must be prepaid by the consumer by means of iDeal or another payment method offered by With a touch of Rose. After receiving the payment, With a touch of Rose will proceed to dispatch the order.
Article 6. Delivery
- Delivery is only made from stock. If the shipment is within the Netherlands, the order will be delivered within 5 working days.
- In the unlikely event that an ordered product has been offered in the webshop and therefore ordered by the consumer, but not in stock, then With a touch of Rose will make an appropriate offer.
- The delivery times specified by With a touch of Rose are only indicative. Exceeding the delivery term does not entitle the consumer to compensation or dissolution.
- With a touch of Rose is entitled to engage third parties for the execution of the agreement. The risk of damage or loss during transport is at the expense of the consumer.
Article 7. Quality and warranty
- With a touch of Rose ensures that all items to be delivered are of the usual quality
- Drawings, technical descriptions, samples, images, colors, sizes and material designations are entered with good faith and as accurately as possible by With a touch of Rose. However, these informative data are not binding. Deviations in delivered goods with the margins customary in the sector must be accepted and do not give the consumer the right to claim, replace, compensate damage or any other right, unless the agreement explicitly stipulates a smaller margin for deviations.
- Should there nevertheless be something wrong with the product, then the consumer should report any defects as soon as possible and return the product in the original packaging to: With a touch of Rose Olympiadelaan 38 1183 WP Amstelveen. State clearly what the complaint is. If your complaint is found to be justified, you will receive a replacement product free of charge, which at all times is limited to the value of the replacement product.
- The above does not apply to products that have been used and / or have been washed.
- With a touch of Rose excludes any damage that directly or indirectly results from the incorrect use of its products.
Article 8. Trial period and right of withdrawal
- A trial period applies to orders made via the webshop. The approval period is fourteen (14) days. This means that the consumer is allowed to devise within 14 days after receipt of the articles and may terminate the agreement without giving any reason. (right of withdrawal)
- The consumer can only use the right of withdrawal if the goods in question are returned complete, undamaged, unused and in the original packaging. The packing slip / invoice, name of the consumer, name and address and account number must be enclosed with the articles. The items should be sent to: With a touch of Rose Olympiadelaan 38 1183 WP Amstelveen.
- Items returned in this way and within this period are fully reimbursed by With a touch of Rose.
- Reimbursement in connection with a return shipment will take place after receipt of the order within fourteen (14) days on the account number indicated by the consumer.
- The postage for the return shipment shall be paid by the consumer.
- Customized products and / or services are excluded from the trial period and the right of withdrawal.
Article 9. Electronic communication and proof
- With a touch of Rose is not liable for misunderstandings, mutilations, delays or incorrect transmission of data and messages as a result of the use of the Internet or any other means of communication in the traffic between the consumer and With a touch of Rose.
- In any legal proceedings, the administration of With a touch of Rose counts as full proof of the existence, content and execution of the agreement with the consumer, to the contrary by the party, relying on the fact that the evidence is not reliable.
Article 10. Force majeure
- Without prejudice to the other rights to which it is entitled, in the event of force majeure With a touch of Rose has the right to suspend the execution of an order or to dissolve the agreement without judicial intervention. With a touch of Rose will inform the consumer in writing, With a touch of Rose is not obliged to pay any compensation, unless in the given circumstances by standards of reasonableness and fairness would be unacceptable.
- Force majeure means any shortcoming which can not be attributed to With a touch of Rose, because it is not due to her fault and is not for her account under the law, legal act or generally accepted in traffic.
Article 11. Privacy
- With a touch of Rose takes great care when handling personal data in accordance with the provisions of Dutch legislation and regulations.
- All information that With a touch of Rose becomes available within the framework of the website or the webshop is only used for the purpose for which the consumer provided this information.
- Personal information from the consumer is never made available to third parties, other than the competent authority.
Article 12. Disputes
- Dutch law applies to all transactions that take place via the webshop.
- All disputes – including those which are only regarded as such by one of the parties – will be settled by the competent court in the district of the location of With a touch of Rose, unless a mandatory statutory provision dictates otherwise. This does not alter the fact that With a touch of Rose can agree with the consumer to have the dispute settled by means of independent arbitration.
- Only the Terms and Conditions of With a touch of Rose apply to purchases made via this website.
- Complaints about products or services will be answered within 30 days of receipt. Price changes and publication errors are expressly reserved.