General terms and conditions

Index

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Customers’ obligations in case of withdrawal
Article 8 – Precluding the right of withdrawal
Article 9 – The price
Article 10 – Contract fulfilment and extra guarantee
Article 11 – Delivery and implementation
Article 12 – Extended duration transactions: duration, termination and prolongation
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different stipulations

Article 1 – Definitions

The following definitions apply in these terms and conditions:

Withdrawal period: the period within which a consumer can make use of his right of withdrawal;

Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;

Day: calendar day;

Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;

Durable medium: every means – including emails – that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;

Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;

Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;

Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;

Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;

Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.

Article 2 – Identity of the trader

Buyluxury.nl
Address: Wittevrouwen 12, 1358 CD Almere
Telephone number: +31 (0)85 80 002 74
Email address: contact@buyluxury.nl
Chamber of Commerce number: 78622115
VAT identification number: NL861473723B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between an trader and a consumer.
Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly 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 consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be replaced by a provision in mutual consultation without delay. approached the tenor of the original as much as possible.
Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these terms and conditions.

Article 4 – The offer

If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.

Article 5 – The contract

The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
The trader will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:

the office address of the trader’s business location where the consumer can lodge complaints;
the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
information on guarantees and existing after-sales service;
the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;

In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

In case of delivery of products:

When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known by means of the model form or by another means of communication such as e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned in time, for example by means of proof of shipment.
If the customer has not made known after the expiry of the periods mentioned in paragraphs 2 and 3 that he wants to use his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

In case of delivery of services:

In case of delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest at the time of delivery.

Article 7 – Consumers who exercise their right of withdrawal and the costs involved

If the consumer makes use of his right of withdrawal, at most the costs of return shipment will be at his expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product is already received back by the merchant or conclusive evidence of complete return can be provided. Refund will be made via the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of right of withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:

that have been made by the entrepreneur in accordance with the consumer’s specifications;
that are clearly personal in nature;
Which by their nature can not be returned;
Which spoil or age quickly;
Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
For individual newspapers and magazines;
For audio and video recordings and computer software of which the consumer has broken the seal;
For hygienic products of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
Of which the delivery has started with the express consent of the consumer before the withdrawal period has expired;
Concerning betting and lotteries.

Article 9 – The price

During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and:

they are the result of statutory regulations or stipulations; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

Prices stated in offers of products or services include VAT.

6. All prices are subject to printing and typesetting errors. No liability will be
accepted for the consequences of printing and typesetting errors. In case of
misprints and errors, the entrepreneur is not obliged to deliver the product
according to the incorrect price.

Artikel 10 – Conformiteit en garantie

The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
An extra guarantee arrangement offered by the trader, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil his part in the contract.
Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Return of the products must be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

5. The warranty does not apply if:

the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
the defectiveness is entirely or partially the result of regulations which the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Supply and implementation

The trader 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 deemed to be the address that the consumer makes known to the company.
Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a deadline does not entitle the consumer to compensation.
Following dissolution in accordance with the previous paragraph, the trader refunds the consumer immediately the sum he had paid.
The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.

Article 12 – Extended duration transactions: duration, termination and prolongation

Termination

The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.
De consument kan een overeenkomst die voor bepaalde tijd is aangegaan en die strekt tot het geregeld afleveren van producten (elektriciteit daaronder begrepen) of diensten, te allen tijde tegen het einde van de bepaalde duur opzeggen met inachtneming van daartoe overeengekomen opzeggingsregels en een opzegtermijn van ten hoogste één maand.
De consument kan de in de vorige leden genoemde overeenkomsten:

te allen tijde opzeggen en niet beperkt worden tot opzegging op een bepaald tijdstip of in een bepaalde periode;
tenminste opzeggen op dezelfde wijze als zij door hem zijn aangegaan;
altijd opzeggen met dezelfde opzegtermijn als de ondernemer voor zichzelf heeft bedongen.

Prolongation

A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.
In departure from that which is stated in the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three months, if the consumer is at liberty to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period that does not exceed three months.
A fixed term contract for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will automatically terminate at the end of the trial period or introductory period.

Duration

If the fixed-term of a contract exceeds one year, then after one year the consumer has at all times a right to terminate, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.

Article 13 – Payment

As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 7 days after the conclusion of the contract. In the case of a contract to provide a service, this 7-day period starts on the day after the consumer received confirmation of the contract.
The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
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 14 – Complaints procedure

The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay within 2 months, in full and with clear descriptions.
A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.
A complaint about a product, a service or the trader’s service can also be submitted via a complaints form on the consumer’s page of the website of Thuiswinkel.org, www.thuiswinkel.org The complaint is then sent both to the trader concerned and Thuiswinkel.org.
The consumer should give the trader a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.

Article 15 – Disputes

Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
The Vienna Sales Convention does not apply.

Article 16 – Additional or different stipulations

Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.