General Terms and Conditions
Article 1 – Definitions
The following definitions are used in these terms and conditions:
1) Reflection period: The period within which the consumer can exercise his right of withdrawal.
2) Consumer: A natural person who is not a trader or entrepreneur and who enters into a distance contract with the entrepreneur.
3) Day: A calendar day.
4) Duration transaction: A distance contract relating to a series of products and/or services, the obligations of which are spread over time.
5) Durable medium: Any instrument which allows the consumer or entrepreneur to store personal information in a way accessible for future consultation and unaltered reproduction of the stored information.
6) Right of withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period.
7) Model form: The withdrawal form provided by the entrepreneur that the consumer can fill in to exercise his right of withdrawal.
8) Entrepreneur: The natural person or legal entity that offers products and/or services remotely to consumers.
9) Distance contract: A contract whereby the conclusion of the contract takes place exclusively via distance communication techniques.
10) Distance communication technology: A means by which an agreement can be concluded without the consumer and entrepreneur being physically present.
11) General Terms and Conditions: These General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Name: Libra Fashion
Address: Dirk Duivelsweg 4, 1811NP Alkmaar
Email address: info@librafashion.nl
Chamber of Commerce number: 87631571
Article 3 – Applicability
1) These general terms and conditions apply to every offer in the entrepreneur's webshop and to every distance contract between the entrepreneur and the consumer.
2) Before the distance contract is concluded, these general terms and conditions will be made available to the consumer.
3) If the distance contract is concluded electronically, the text of these general terms and conditions can be provided to the consumer electronically, so that it can be easily stored on a durable data carrier.
4) If, in addition to these general terms and conditions, specific product or service conditions apply, the consumer can always rely on the most favourable provision in the event of conflicting conditions.
Article 4 – The offer
1) If an offer has a limited period of validity or is made subject to conditions, this will be clearly stated in the offer.
2) The offer includes a detailed description of the products and/or services offered, so that the consumer can properly assess the offer. If images are used, they are an accurate representation of the products and/or services offered. Obvious mistakes or errors in the offer do not oblige the entrepreneur.
3) Each offer contains sufficient information to make clear the rights and obligations attached to the acceptance of the offer. This includes in particular:
- The price including taxes and any delivery costs.
- The procedure for concluding the agreement and the steps required.
- The conditions regarding the right of withdrawal (sale items may not be eligible for a right of return, as stated with the product).
- The method of payment, delivery or execution of the agreement.
- The period for accepting the offer and the validity of the price.
- How the consumer can check and correct the data provided before concluding the contract.
- Any other languages in which the agreement may be concluded, in addition to Dutch.
- Codes of conduct to which the entrepreneur is bound and how the consumer can consult these codes electronically.
- The minimum duration of the distance contract in the case of a continuous transaction.
Article 5 – The agreement
1) The agreement is concluded when the consumer accepts the offer and meets the conditions set, unless stated otherwise in paragraph 4.
2) If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance by electronic means. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer has the right to dissolve the agreement.
3) In the case of electronic agreements, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic data transfer and shall ensure a secure online environment. If the consumer pays electronically, appropriate security measures shall be taken.
4) Within the legal framework, the entrepreneur can investigate whether the consumer can meet his payment obligations and other relevant facts and factors that are important for a responsible distance contract. If the entrepreneur has well-founded reasons not to enter into the contract, he can refuse an order or request or impose special conditions.
5) The entrepreneur will provide the following information to the consumer with the product or service, in writing or in a way that the consumer can store in an accessible way on a durable medium:
a. The visiting address where the consumer can go with complaints.
b. Conditions for exercising the right of withdrawal or a clear statement about the exclusion of the right of withdrawal.
c. Information about guarantees and existing after-sales service.
d. Data as referred to in Article 4, paragraph 3, unless these have already been provided to the consumer prior to the execution of the agreement.
e. Requirements for terminating the agreement for a duration of more than one year or an agreement for an indefinite period.
6) In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
7) Each agreement is entered into under the condition precedent that the products are sufficiently available.
Article 6 – Right of withdrawal
When delivering products:
1) The consumer has the right to dissolve the agreement without giving any reason within 14 days, starting from the day after receipt of the product by the consumer or a representative designated by the consumer, who has been communicated to the entrepreneur.
2) During this cooling-off period, the consumer must handle the product and packaging with care. He may only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer exercises his right of withdrawal, he must return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging, according to the reasonable and clear instructions of the entrepreneur.
3) If the consumer wishes to exercise his right of withdrawal, he must inform the entrepreneur of this within 14 days after receipt of the product. The consumer can do this by means of the model form or another means of communication such as e-mail. After this notification, the consumer must return the product within 14 days. The consumer must be able to demonstrate that the delivered goods were returned on time, for example with a proof of shipment.
4) If the consumer has not made use of his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods in paragraphs 2 and 3, the purchase agreement is considered final.
When providing services:
5) When providing services, the consumer has the right to terminate the agreement without giving any reason within 14 days after the conclusion of the agreement.
6) In order to exercise his right of withdrawal, the consumer must follow the reasonable and clear instructions of the entrepreneur communicated with the offer and/or upon receipt.
Article 7 – Costs in case of revocation
1) If the consumer exercises his right of withdrawal, the costs of the return shipment are at his expense.
2) If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after receipt of the cancellation notice. The entrepreneur may wait with refunding until he has received the goods or until the consumer has demonstrated that he has returned the goods, depending on which occurs first.
3) The entrepreneur uses the same payment method for reimbursement that the consumer has used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur reserves the right to exclude the consumer's right of withdrawal for the following products, provided that this exclusion is clearly stated in the offer or in good time before the conclusion of the agreement:
The right of withdrawal does not apply to the following categories of products:
a. Products that are custom made to the consumer's specifications.
b. Products that are of a personal nature and are not suitable for return.
c. Products that cannot be returned for reasons of hygiene or health.
d. Products that can spoil or age quickly.
e. Products whose price depends on fluctuations in the financial market over which the entrepreneur has no control.
f. Loose newspapers and magazines.
g. Audio and video recordings and computer software where the seal has been broken by the consumer.
h. Hygiene products where the seal has been broken by the consumer.
The right of withdrawal does not apply to the following categories of services:
a. Services relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period.
b. Services the performance of which has begun with the express consent of the consumer before the cooling-off period has expired.
c. Services relating to betting and lotteries.
Article 9 – Price
1) During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except as a result of changes in VAT rates.
2) By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
3) Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4) Price increases from 3 months after the conclusion of the agreement 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 terminate the agreement with effect from the day on which the price increase takes effect.
5) The prices stated in the offer of products or services include VAT.
Article 10 – Conformity and Warranty
1) The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable standards of soundness and usability, and the applicable legal regulations and government regulations on the date of the conclusion of the agreement. If this has been agreed, the entrepreneur also guarantees that the product is suitable for use that goes beyond the normal application.
2) Any guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims of the consumer arising from the agreement.
3) Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The return of the products must take place in the original packaging and in new condition.
4) The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for individual applications by the consumer, nor for any advice regarding the use or application of the products.
5) The warranty does not apply in the following cases:
- If the consumer has repaired and/or modified the delivered products himself and/or has had them repaired and/or modified by third parties.
- If the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly, or are contrary to the instructions of the entrepreneur and/or the instructions on the packaging.
- If the shortcoming is wholly or partly the result of regulations that have been or will be imposed by the government with regard to the nature or quality of the materials used.
Article 11 – Delivery and execution
1) The entrepreneur will exercise the utmost care when receiving orders for products and when assessing requests for services.
2) The address provided by the consumer to the entrepreneur is considered to be the delivery location.
3) Subject to the provisions of paragraph 4 of this article, the entrepreneur will execute accepted orders as soon as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be fully executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
4) All delivery times are indicative. No rights can be derived from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5) In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.
6) If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide an alternative product. Prior to delivery, it will be clearly and comprehensibly stated that a replacement product is being delivered. In the case of replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7) The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer who has been made known to the entrepreneur in advance, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination and extension
Cancellation:
1) The consumer may at any time terminate an agreement entered into for an indefinite period and relating to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of up to one month.
2) The consumer may at any time terminate an agreement entered into for a definite period and which relates to the regular delivery of products (including electricity) or services at the end of the agreed term, taking into account the agreed termination rules and a notice period of up to one month.
3) The consumer can terminate the agreements mentioned in the previous paragraphs at any time and is not limited to termination at a specific time or within a certain period. The consumer can terminate the agreement in the same way as the agreement was entered into and with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4) An agreement entered into for a fixed period and relating to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
5) Notwithstanding the foregoing, an agreement entered into for a fixed period and relating to the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a maximum period of three months if the consumer
extended agreement may be terminated at the end of the extension period, with a notice period of up to one month.
6) An agreement entered into for a fixed period and relating to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time, with a notice period of maximum one month and a notice period of maximum three months if the agreement relates to the regular delivery, but less than once a month, of daily newspapers, weekly newspapers and magazines.
7) An agreement with a limited term for the regular delivery of daily newspapers, weekly newspapers and magazines (trial or introductory subscription) is not tacitly extended and ends automatically after the trial or introductory period.
Duration
8) If an agreement has a term of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 – Payment
1) Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the expiry of the cooling-off period as stated in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
2) The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
3) In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs as announced to the consumer in advance.
Article 14 – Complaints procedure
1) The entrepreneur has a well-publicized complaints procedure and will handle complaints in accordance with this procedure.
2) Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after discovery of the defects.
3) Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint is expected to require more time to be handled, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an estimate of when the consumer can expect a more extensive answer.
4) If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
5) The consumer should initially contact the entrepreneur to discuss complaints. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
6) A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7) If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his own discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
1) Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer lives abroad.
2) The Vienna Sales Convention does not apply.
Article 16 – Additional or deviating provisions
Additional or deviating provisions may not be to the detriment of the consumer and must be recorded in writing or stored in an accessible manner on a durable medium.