Terms and Conditions UNITED FASHION BENELUX acting under LOCAL FANATIC
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - Theoffer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and its costs
Article 9 - Obligations of the entrepreneur by withdrawal
Article 10 - Exclusion right article
Article 11 - The priceArticle
Article 12 - Compliance and additional guarantee
Article 13 - Delivery and implementation
Article 14 - Duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints scheme
Article 17 - Disputes
Article 18 - Trade guarantee
Article 19 - Additional or different provisions
Article 20 - Amendment of the terms and conditions of the Webshop Label Foundation
Article 1 – Definitions
For the following conditions:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these matters, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. "Reflection period" means the time limit within which the consumer may exercise his right of withdrawal;
3. "Consumer" means the natural person who does not act for purposes relating to his commercial, commercial, crafts or professional activities;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. "Duration Agreement" means an agreement relating to the regular supply of business, services and/or digital content for a certain period of time;
7. Sustainable data medium: any tool – including e-mail – which enables the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility of the consumer to waive the distance contract within the time period;
9. Entrepreneur: the natural or legal person who is a member of the Webshop Quality Mark foundation and offers products, (access to) digital content and/or remote services to consumers;
10. Distance Agreement means an agreement concluded between the entrepreneur and the consumer under an organised system for remote sales of products, digital content and/or services, using only or co-use of one or more remote communication techniques until the conclusion of the contract;
11. Model form for withdrawal:: the European draft form for withdrawal set out in Annex I to these conditions;
12. Remote communication technique: means that can be used to conclude an agreement, without consumers and entrepreneurs having to meet simultaneously in the same space;
Article 2 – Identity of the entrepreneur
Name entrepreneur: UNITED FASHION BENELUX acting under the name Local Fanatic
Establishment Address:Kabelweg 34-36, 1014 BB AmsterdamTelephone
number: +31(0)20 - 411 89 38
Monday to Friday: 10:00 to 18:00
Saturday & Sunday:Closed
E-mail address: [email protected]
KvK number: 66.14.22.96
VAT number: NL.85.64. 13.173.B01
PLEASE NOTE, THIS IS NOT A VISITING ADDRESS!
Article 3 – Applicability
1. These terms and conditions shall apply to any offer made by the entrepreneur and to any distance agreement between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, the trader will indicate before the distance agreement is concluded the general terms and conditions of the entrepreneur and that, at the request of the consumer, they can be free of charge as soon as possible be sent.
3. If the distance agreement is concluded electronically, by way of derogation from the previous paragraph and before the distance agreement is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will indicate before the distance agreement is concluded where the terms and conditions can be communicated by electronic means and that, at the request of the consumer, it is electronically or otherwise sent free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third members shall apply mutatis mutand the consumer may always invoke the applicable provision which is most favourable to him.
Article 4 – The offer
1. If an offer has a limited period of validity or is made under conditions, this shall be explicitly indicated in the offer.
2. The offer shall contain a full and accurate description of the products offered, digital content and/or services. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
3. Each offer shall contain information in such a way that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer.
Article 5 – The Agreement
1. The agreement shall be concluded, subject to paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down therein.
2. If the consumer has accepted the offer by electronic means, the trader shall immediately confirm by electronic means receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to ensure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate security measures.
4. The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his obligations and all those facts and factors relevant to the responsible entry into the distance contract. If, on the basis of this examination, the economic operator has good grounds for not entering into the contract, he is entitled to refuse an order or application or to attach special conditions to the execution.
5. The economic operator shall, by the latest, provide the consumer with the following information, in writing or in such a way that it can be stored in an accessible manner by the consumer in a sustainable manner. data carrier, most hours:
a. the visit address of the entrepreneur's establishment where the consumer can go with complaints;
(b) the conditions under which and the manner in which the consumer may exercise the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
c. information on warranties and existing post-purchase service;
(d) the price including all loads of product, service or digital content; to the extent applicable the cost of delivery; and the method of payment, delivery or implementation of the distance contract;
e. the requirements for termination of the contract if the contract is longer than one year or of indefinite duration;
f. if the consumer has a right of withdrawal, the model form for revocation.
6. In the case of an endurance transaction, the provision in the previous paragraph shall apply only to the first delivery.
Article 6 – Right of withdrawal In the case of products
1. The consumer may terminate an agreement relating to the purchase of a product for a minimum of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but do not oblige them to give his reason(s).
2. The cooling-off period referred to in paragraph 1 shall take place on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party appointed by him, received the last product. The entrepreneur may, provided that he to order multiple products with different delivery times.
(b) if the supply of a product consists of several consignments or components: the day on which the consumer, or a third party appointed by him, received the last consignment or the last part;
(c) in the case of agreements for regular delivery of products for a specified period: the day on which the consumer, or a third party appointed by him, received the first product. For services and digital content not provided on a material carrier:
3. The consumer may terminate a service agreement and an agreement for the supply of digital content not delivered on a material carrier for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but do not oblige them to give his reason(s).
4. The time period referred to in paragraph 3 shall take into into into view of the day following the conclusion of the agreement. Extended cooling-off period for products, services and digital content not provided on a material medium when not informing about the right to withdraw:
5. If the economic operator has not provided the consumer with the legally required information on the right of withdrawal or the registration model form, the cooling-off period shall expire 12 months after the end of the original, in accordance with the previous members of this Article set a cooling-off period.
6. If the economic operator has provided the information referred to in the preceding paragraph to the consumer within 12 months of the date of the initial cooling-off period, the cooling-off period shall expire 14 days after the date on which the consumer has that information Received.
Article 7 – Consumer obligations during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and packaging carefully. It will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer is only allowed to handle and inspect the product as he should in a shop.
2. The consumer shall be liable only for the depreciation of the product resulting from a way of handling the product that goes beyond permitted in paragraph 1.
3. The consumer shall not be liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information on the right of withdrawal before or at the conclusion of the contract.
Article 8 – Pursuit of the right of withdrawal by the consumer and its costs
1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the time limit of the question by means of the retraction model form or otherwise unambiguously.
2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This does not have to be done if the entrepreneur has offered to pick up the product himself. In any event, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct cost of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he is carrying the costs himself, the consumer does not have to bear the costs of return.
6. If the consumer recalls after first expressly requesting that the provision of the service or the supply of gas, water or electricity not prepared for sale be completed in a limited volume or quantity commences during the cooling-off period, the consumer shall owe the entrepreneur an amount commensurate with that part of the undertaking fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfilment of the undertaking.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not prepared for sale in a limited volume or quantity, or to supply district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the withdrawal fee or the registration model form, or;
b. the consumer has not explicitly requested the commencement of the service or supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer shall not bear any costs for the complete or partial supply of digital content not supplied on a material carrier if:
(a) he did not expressly agree to commence the contract before the end of the cooling-off period prior to its delivery;
b. he has not acknowledged losing his right of withdrawal when granting his consent; or c. the entrepreneur has failed to confirm this consumer's statement.
9. If the consumer exercises his right of withdrawal, all additional agreements shall be terminated by law.
Article 9 – Obligations of the entrepreneur in the case of withdrawal
1. If the trader makes the consumer's notification of withdrawal in an electronic manner, he shall immediately send a receipt upon receipt of this notification.
2. The trader shall reimburse all consumer payments, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer reports the withdrawal . Unless the entrepreneur offers to collect the product himself, he may wait to repay until he has received the product or until the consumer proves that he has returned the product, according to which time is earlier.
3. The trader shall use the same means of payment used by the consumer for reimbursement, unless the consumer agrees to another method. The refund is free of charge to the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this at the time of the offer, at least in time for the conclusion of the contract:
1. Products or services whose price is tied to fluctuations in the financial market which the entrepreneur has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, headed by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full implementation of the service, but only if:
(a) implementation has commenced with the express prior consent of the consumer; And
b. the consumer has stated that he shall lose his right of withdrawal once the entrepreneur has fully implemented the contract;
4. Service agreements for the provision of accommodation, if the agreement provides for a certain date or period of implementation and other than for residential purposes, freight transport, car rental services and catering;
5. Agreements relating to leisure activities, provided for in the agreement for a certain date or period of implementation thereof;
6. Products produced in accordance with consumer specifications, which are not prefabricated and manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose sealing has been broken after delivery;
9. Products which, by their very nature, are irrevocably mixed with other products after delivery;
10. Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but whose supply can only take place after 30 days, the actual value depends on is of fluctuations in the market to which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, the sealing of which has been broken after delivery;
12. Newspapers, magazines or magazines, with the exception of subscriptions to them;
13. The supply of digital content other than on a material medium, but only if:
(a) implementation has commenced with the express prior consent of the consumer; And
b. the consumer has stated that this will lose his right of withdrawal.
Article 11 – The price
1. During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, subject to price changes resulting from changes in VAT rates.
2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and which the entrepreneur has no influence on with variable prices. This commitment to fluctuations and the fact that any prices listed are target prices are indicated by the offer.
3. Price increases within 3 months of the conclusion of the agreement are only if they are the result of legislation or provisions.
4. Price increases from 3 months after the conclusion of the contract shall be permitted only if the entrepreneur has negotiated it and:
(a) they are the result of legislation or provisions; Or
b. the consumer has the power to terminate the contract from the day on which the price increase starts.
5. The prices listed in the supply of products or services shall include VAT.
Article 12 – Compliance agreement and additional guarantee
1. The entrepreneur shall be for it in that the products and/or services comply with the agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the laws and/or public regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also insists that the product is suitable for other than normal use.
2. An additional guarantee issued by the entrepreneur, his subcontractor, manufacturer or importer shall never limit the legal rights and claims which the consumer may assert against the entrepreneur under the contract if the entrepreneur is failed to comply with his part of the agreement.
3. "Additional guarantee" means any undertaking by the entrepreneur, his subcontractor, importer or producer in which it grants to the consumer certain rights or claims which go beyond what is legally required in the event of his failed to comply with his part of the agreement.
Article 13 – Delivery and execution
1. The entrepreneur shall take the utmost care when receiving and executing orders of products and in assessing requests for service.
2. The place of delivery shall be the address which the consumer has made known to the entrepreneur.
3. Taking into account what is specified in Article 4 of these terms and conditions, the trader shall carry out accepted orders with competent urgency but not later than 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will receive a message no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost and the right to any damages.
4. After dissolution in accordance with the previous paragraph, the trader will immediately repay the amount paid by the consumer.
5. The risk of damage and/or disappearance of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and to the entrepreneur announced representative, unless expressly otherwise agreed.
Article 14 – Duration transactions: duration, cancellation and renewal Notice
1. The consumer may terminate an indefinite contract which extends to the regular delivery of products (including electricity) or services at any time 8, taking into account the agreed notice rules and a notice period of not more than one month.
2. The consumer may have an agreement entered into for a fixed period of time which extends to regularly delivering products (including electricity) or services, terminate at any time at the end of the fixed period, subject to notice of termination and a notice period of not more than one month.
3. The consumer may:
- cancel at all times and not be limited to termination at a given time or during a given period,
- at least cancel in the same way as they have been contracted by him,
- always cancel with the same notice period as the entrepreneur has negotiated for himself.
Extension:
4. An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services shall not be tacitly renewed or renewed for a specified period.
5. By way of derogation from the previous paragraph, an agreement entered into for a fixed period and which extends regularly to the delivery of daily news and weekly newspapers and periodicals may be tacitly renewed for a maximum period of three months if the consumer may terminate this extended contract by the end of the extension with a notice period of not more than one month.
6. An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed indefinitely if the consumer may terminate at any time with a notice period not exceeding one month. The notice period shall not exceed three months in the event that the agreement extends to the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with limited duration to the regular delivery of day, news weekly magazines and magazines (proof or introductory subscription) will not continue tacitly and automatically end at the end of the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer may terminate the contract at any time with a notice period of not more than one month, unless reasonableness and fairness are opposed to termination before the end of the agreed duration opposing.
Article 15 – Payment
1. To the extent otherwise specified in the agreement or additional conditions, the amounts due by the consumer shall be paid within 14 days of the start of the cooling-off period, or in the absence of a cooling-off period within 14 days of the the conclusion of the agreement. In the case of an agreement to provide a service, this period shall begin on the day after the consumer has received confirmation of the contract.
2. When selling products to consumers, consumers may never be required to prepayment more than 50% in terms of terms and conditions. Where prepayment has been negotiated, the consumer cannot assert any right in respect of the execution of the relevant order or service(s) before the negotiated prepayment has taken place.
3. The consumer has a duty to report inaccuracies in payment details provided or disclosed to the entrepreneur without delay.
4. If the consumer does not fulfil his obligation to pay in good time, after he has been informed by the entrepreneur of the late payment and has granted the consumer a period of 14 days to comply with his payment obligations comply, after the absence of payment within this 14-day period, the statutory interest due on the amount still due and the entrepreneur is entitled to charge the out-of-court collection costs he has incurred. These collection fees are up to 15% on outstanding amounts up to € 2,500,=; 10% over the following € 2,500,= and 5% over the next € 5,000,= with a minimum of € 40,=. The entrepreneur may deviate from these amounts and percentages for the benefit of the consumer.
Article 16 – Complaints scheme
1. The entrepreneur has a sufficient announced handling the complaint in accordance with this complaints procedure.
2. Complaints concerning the implementation of the contract must be submitted to the entrepreneur in full and clearly within a competent time after the consumer has identified the deficiencies.
3. Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur replies within the 14-day period with a receipt notice and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be made via a complaint form on the consumer page of the website of stichting Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht) The complaint is then sent both to the entrepreneur concerned and to the Webshop Label Foundation.
5.If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months of the complaint being made, a dispute is created which is open to the dispute settlement.
Article 17 – Disputes
1.Agreements between the entrepreneur and the consumer to which these terms and conditions relate shall apply only Dutch law.
2.Disputes between the consumer and the entrepreneur concerning the establishment or implementation of agreements relating to products or services to be supplied by that entrepreneur may, taking into account the following, both by the consumers are presented to the Webshop Disputes Committee, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute shall be dealt with by the Disputes Committee only if the consumer has first submitted his complaint to the entrepreneur within a competent period of time.
4. No later than 12 months after the dispute has arisen, the dispute shall be brought before the Disputes Committee in writing.
5. Where the consumer wishes to refer a dispute to the Disputes Committee, the entrepreneur shall be bound by this choice. If the economic operator wishes to do so, the consumer will have to say in writing, within five weeks of a request made in writing by the entrepreneur, whether he wishes to do so or to have the dispute dealt with by the competent court. If the trader does not perceive the choice of the consumer within the five-week period, the entrepreneur is entitled to present the dispute to the competent court.
6. The Disputes Committee shall rule under the conditions laid down in the Rules of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/decommissies/2701/webshop). The decisions of the Disputes Committee shall be taken by way of binding advice.
7. The Disputes Committee shall not deal with a dispute or cease treatment if the trader has been granted suspension of payment, has become in a state of bankruptcy or has effectively terminated his business purposes, before a dispute was dealt with by the committee at the hearing and a final ruling has been delivered.
8. If, in addition to the Webshop Disputes Committee, another recognised or at the Consumer Affairs Disputes Committee (SGC) Foundation or the Financial Services Complaints Institute (Kifid) member disputes committee has jurisdiction, the Disputes Committee Foundation Webshop Label is preferably competent for disputes concerning mainly the method of sale or remote service. For all other disputes, the other recognised at SGC or Kifid member disputes committee.
Article 18 – Industry Guarantee
1. Stichting Webshop Keurmerk guarantees the compliance of the binding opinions of the Disputes Committee Foundation Webshop Label by its members, unless the member decides to review the binding opinion within two months of its dispatch for review of the judge. This guarantee shall be revived if the binding opinion has been maintained after review by the court and the judgment proving it has gone into force. Up to a maximum of €10,000 per binding opinion, this amount will be paid to the consumer by the Webshop Label Foundation. For amounts greater than €10,000, per binding opinion, €10,000 is paid. For the superior, stichting Webshop Keurmerk has an effort obligation to ensure that the member complies with the binding opinion.
2. For the purposes of this guarantee, it is necessary that the consumer make a written appeal to the Webshop Label Foundation and that he transfer his claim to the entrepreneur to the Webshop Label Foundation. If the claim against the entrepreneur exceeds €10,000,-, the consumer is offered his claim to the extent that it exceeds the amount of €10,000, - to the Foundation for The Webshop Label, after which this organisation will be able to transfer the will ask in court for satisfaction for the consumer.
Article 19 – Additional or derogationprovisions
Additional provisions or derogating from these terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be made accessible by the consumer in an accessible manner. stored on a durable data carrier.
Article 20 – Amendment of the terms and conditions of the Webshop Label Foundation
1. Stichting Webshop Keurmerk will not change these terms and conditions than in consultation with the Consumer Association.
2. Amendments to these conditions shall apply only after they have been published appropriately, provided that, in the case of appropriate changes during the term of an offer, the most favourable provision for consumers will be Prevail.
Address Stichting Webshop Keurmerk: Willemsparkweg 193, 1071 HA Amsterdam
This scheme shall enter into force from 26 October 2015.
Last updated At 22 October 2015,