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GENERAL CONDITIONS & CUSTOMER INFORMATION
2 Closure Agreement
3 Right of withdrawal
4 Prices and payment terms
5 Delivery and shipping conditions
6 Liability for defects
7 Applicable Law, Competent Judge
8 Alternative dispute resolution
1.1 These terms and conditions of FERYN FASHION (hereinafter "the seller") apply to all agreements that a consumer or entrepreneur (hereinafter "the customer") regarding the products and / or services shown by the seller in his online shop close with the seller. The applicability of Customer Terms is expressly rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who performs legal acts for purposes which are predominantly outside the self-employment of an occupation or business. An entrepreneur within the meaning of these terms and conditions is any natural person or any legal person or any person company acting in a legal act in the context of its independent pursuit of a profession or business.
2) CLOSURE AGREEMENT
2.1 The product descriptions displayed in the seller's online shop do not constitute a binding offer by the seller but should invite the customer to make a binding offer.
2.2 The customer can make an offer through the online order form integrated with the seller's online shop. In addition, after placing the selected goods and / or services in the virtual shopping basket and following the digital ordering procedure, clicking on the button to complete the order makes a binding offer for the conclusion of a purchase agreement with respect to the goods and / or services in the shopping cart. However, the request can only be sent if the customer accepts these Terms and Conditions through the "I have read and agreed to the terms and conditions" box.
2.3 The seller can accept the customer's offer within two days,
by providing a written order confirmation or order confirmation in text form (fax or e-mail), with more particular access to the order confirmation being decisive to the customer, or
by providing the customer with the ordered goods, in which more particular access to the goods is decisive to the customer, or
by the customer requesting payment after receiving the order.
The seller will, in any case, send an order confirmation to the customer, giving an explanation of how the terms and conditions can be downloaded and printed using the "Print" feature.
If there are more of the aforementioned alternatives, the agreement will come into effect at the time one of the aforementioned alternatives occurs. If the seller fails to accept the customer's offer within the aforementioned period, this will be rejected as a refusal of the offer, with the result that the customer is no longer bound by his / her declaration of wisdom.
2.4 The term to accept the offer begins on the day after the offer has been submitted by the customer and ends at the end of the fifth day after the submission of the offer.
2.5 When delivering an offer through the seller's online order form, the content of the agreement is stored by the seller. After delivery of the order, the customer will send the applicable terms and conditions and customer information in text form (for example, by e-mail, fax or letter), in addition to the agreement. In addition, the contract content is archived on the seller's website and can be opened by the customer in his password-protected customer account using the associated login credentials if the customer sends a customer account in the online shop of the seller has created.
2.6 Before the customer sends his binding order through the seller's online order form, the customer can change his entered data with the usual keyboard and mouse functions. In addition, all submitted data for sending the binding order are again displayed in a confirmation window, and can also be corrected with the usual keyboard and mouse functions.
2.7 If the customer acts as a consumer, a Dutch and a French version will be available for the conclusion of the agreement.
2.8 The ordering process and the contact usually take place by e-mail and automatic order settlement. The customer must ensure that the email address specified by him is correct so that the messages sent by the seller to this e-mail address can be received. The customer must in particular ensure that any SPAM filters do not block messages sent by the seller or by third parties charged with the settlement of the order.
3) RETIREMENT RIGHTS
3) RIGHT OF WITHDRAWAL
The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
Please note: we charge €10 for the return shipment under the right of withdrawal. This amount will be deducted from the amount of the purchase to be refunded by us.
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not provided on a tangible medium:
The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium during 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content that is not delivered on a material medium if you do not inform about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
4) PRICES AND PAYMENT TERMS
4.1 The prices stated by the seller are total prices and include the statutory sales tax. Any delivery or shipping costs are indicated separately in the relevant product descriptions.
4.2 In the case of deliveries to countries outside the European Union, in certain cases additional costs may be incurred, which are not paid by the seller and which the customer has to pay. Examples of this are fees for money transactions by financial service providers (such as certain remittances for bank transfer and currency conversion) or import duties and taxes (such as customs fees).
4.3 The customer has different payment options, which are indicated on the seller's website.
4.4 When the payment method is prepaid in advance, the total amount is due immediately after the contract has been concluded.
5) DELIVERY AND DELIVERY CONDITIONS
5.1 Unless otherwise agreed, delivery of goods takes place by shipment to the customer's specified shipping address. The settlement of the transaction is the order of delivery indicated on the order.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the cost for the failed shipment. This does not apply if the customer does not complain about the failed delivery or if he was temporarily prevented from receiving the delivery unless the seller announced the delivery within a reasonable timeframe.
6) LIABILITY FOR BREACH
The legal provisions regarding liability for defects apply.
7) APPLICABLE LAW, COMPETENT COURT
7.1 If the customer acts as a consumer as referred to in section 1.2, then all legal relationships of the parties shall be governed by the law of the State where the customer has his habitual residence, excluding the United Nations Convention on International Sale of Goods, and the place of exclusive jurisdiction for all disputes under this agreement is directed at the customer's place of residence.
7.2 If the customer acts as an entrepreneur as referred to in section 1.2, then all legal relationships of the parties shall be governed by the law of the state where the seller has its head office, excluding the United Nations Convention on International Sale of Goods, and the place of exclusive The competent court for all disputes under this agreement addresses the place of the seller's headquarters.
8) ALTERNATIVE DISPUTE DECLARATION
8.1 The EU Commission presents a platform for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr.
This platform serves as the point of contact for the extrajudicial settlement of disputes based on sales or service agreements via the internet, involving a consumer.
8.2 The seller is not obliged or willing to participate in a dispute settlement procedure by a Consumer Disputes Committee.
Date: February 2019
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