General Terms and Conditions Le Châlet Fashion BV
The company Le Châlet Fashion BV (hereinafter: Le Châlet Fashion) with limited liability is registered at the Chamber of Commerce with number 85618772 and has its registered office at Kortemeestraat 3 (4611TK), Bergen op Zoom, The Netherlands.
Article 1 – Definitions
1. In these general terms and conditions, the following terms are used in the following sense, unless expressly stated otherwise:
2. Offer: any written offer to the Buyer to deliver Products by the Seller to which these terms and conditions are inextricably linked.
3. Company: the natural or legal person who acts in the exercise of a profession or business.
4. Consumer: the natural person who does not act in the course of a profession or business, but in a personal name.
5. Buyer: the Company or the Consumer who enters into a (distance) Agreement with the Seller.
6. Agreement: the (distance) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from Le Châlet Fashion.
7. Products: the Products offered by Le Châlet Fashion are children’s clothing, footwear and related Products.
8. Seller: the supplier of Products to the Buyer, hereinafter: Le Châlet Fashion.
Article 2 – Applicability
1. These general terms and conditions apply to every Offer of Le Châlet Fashion and every Agreement between Le Châlet Fashion and a Buyer and to every Product offered by Le Châlet Fashion.
2. Before a (distance) Agreement is concluded, the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, Le Châlet Fashion will indicate to the Buyer how the Buyer can view the general terms and conditions, which are in any case published on the website of Le Châlet Fashion, so that the Buyer can easily store these general terms and conditions on a durable data carrier. .
3. In exceptional situations, it is possible to deviate from these general terms and conditions if this has been explicitly agreed in writing with Le Châlet Fashion.
4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchase conditions of the Buyer are expressly rejected.
5. If one or more provisions of these general terms and conditions are partially or wholly invalid or are annulled, the other provisions of these general terms and conditions will remain in force and the invalid/nullified provision(s) will be replaced by a provision with the same purpose as the original provision.
6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
7. If reference is made to she/her in these general terms and conditions, this should also be construed as a reference to he/him/are, if and insofar as applicable.
Article 3 – The Offer
1. All offers made by Le Châlet Fashion are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists if it has been laid down in writing.
2. The Offer made by Le Châlet Fashion is without obligation. Le Châlet Fashion is only bound by the Offer if the Buyer has confirmed its acceptance in writing within 30 days, or if the Buyer has already paid the amount due. Nevertheless, Le Châlet Fashion has the right to refuse an Agreement with a potential Buyer for reasons that are justified for Le Châlet Fashion.
3. The Offer contains an accurate description of the Product offered with associated prices. The description is detailed in such a way that the Buyer can make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot be binding on Le Châlet Fashion. Any images and specific data in the Offer are only an indication and cannot be a ground for any financial compensation or termination of the Agreement (remotely). Le Châlet Fashion cannot guarantee that the colors in the picture correspond exactly to the real colors of the Product.
4. Delivery times and terms stated in the Le Châlet Fashion Offer are indicative and if they are exceeded, they do not entitle the Buyer to termination or financial compensation, unless expressly agreed otherwise.
5. A composite quotation does not oblige Le Châlet Fashion to deliver part of the Products included in the offer or Offer at a part of the stated price.
6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and on the run-out principle.
Article 4 – Conclusion of the Agreement
1. The Agreement is concluded at the moment that the Buyer has accepted an Offer from Le Châlet Fashion by paying for the Product in question.
2. An Offer can be made by Le Châlet Fashion via the website.
3. If the Buyer has accepted the Offer by concluding an Agreement with Le Châlet Fashion, Le Châlet Fashion will confirm the Agreement with the Buyer in writing, or at least by e-mail.
4. If the acceptance (on minor points) deviates from the Offer, Le Châlet Fashion is not bound by it.
5. Le Châlet Fashion is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
6. The right of withdrawal is excluded for the Buyer being a Company. The Buyer being a Consumer, has the right to exercise its right of withdrawal within the legal term. If withdrawal applies, the Buyer will handle the Product and the packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The direct costs for returning the Product are visible online in the return process and at the expense and risk of the Buyer.
7. Products that cannot be taken back due to (hygienic reasons (after breaking the seal), customization, etc.) are excluded from the right of withdrawal. This is expressly stated in the Offer.
Article 5 – Execution of the Agreement
1. Le Châlet Fashion will execute the Agreement to the best of its knowledge and ability.
2. If and insofar as required for the proper execution of the Agreement, Le Châlet Fashion has the right to have certain work performed by third parties at its own discretion.
3. The Buyer shall ensure that all information, which Le Châlet Fashion indicates is necessary or which the Buyer should reasonably understand to be necessary for the execution of the Agreement, is provided to Le Châlet Fashion in a timely manner. If the information required for the execution of the Agreement has not been provided to Le Châlet Fashion in time, Le Châlet Fashion has the right to suspend the execution of the Agreement.
4. In the performance of the Agreement, Le Châlet Fashion is not obliged or obliged to follow the Buyer’s instructions if this changes the content or scope of the Agreement. If the instructions result in additional work for Le Châlet Fashion, the Buyer is obliged to reimburse the additional or additional costs accordingly.
5. Le Châlet Fashion may require security from the Buyer or full payment in advance before proceeding with the performance of the Agreement.
6. Le Châlet Fashion is not liable for damage, of whatever nature, that has arisen because Le Châlet Fashion has based on incorrect and/or incomplete information provided by the Buyer, unless this inaccuracy or incompleteness was known to Le Châlet Fashion.
7. The Buyer indemnifies Le Châlet Fashion against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.
Article 6 – Delivery
1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not supplied all the requested information or has not provided it on time, does not provide sufficient cooperation, or the (down) payment has not been received on time by Le Châlet Fashion or any delay occurs due to other circumstances beyond the control of Le Châlet Fashion, Le Châlet Fashion is entitled to a reasonable extension of the delivery or completion period. All agreed delivery times are never strict deadlines. The buyer must give Le Châlet Fashion a written notice of default and allow it a reasonable period of time to still be able to deliver. The buyer is not entitled to any financial compensation due to the delay.
2. The Buyer is obliged to take delivery of the Products at the time they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, Le Châlet Fashion is entitled to store the Products at the expense and risk of the Buyer.
4. If the Products are delivered by Le Châlet Fashion or an external carrier, Le Châlet Fashion will communicate the costs for this to the Buyer prior to the order during the order process.
5. If Le Châlet Fashion requires information from the Buyer in the context of the performance of the Agreement, the delivery time will only commence after the Buyer has provided Le Châlet Fashion with all information necessary for the performance.
6. If Le Châlet Fashion has specified a term for delivery, this is indicative. Longer delivery times apply for delivery outside the Netherlands.
7. Le Châlet Fashion is entitled to deliver the Products in parts, unless the Agreement deviates from this or the partial delivery does not have an independent value. Le Châlet Fashion is entitled to invoice the thus delivered separately.
8. Deliveries will only be made if all invoices have been paid, unless expressly agreed otherwise. Le Châlet Fashion reserves the right to refuse delivery if there is a well-founded fear of non-payment.
Article 7 – Packaging and transport
1. Le Châlet Fashion undertakes towards the Buyer to properly package the Products to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
2. Unless otherwise agreed in writing, all deliveries include turnover tax (VAT), including packaging and packaging material.
3. Accepting items without comments or comments on the consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.
Article 8 – Examination, complaints
1. The buyer is obliged to inspect the delivered Products or have them examined at the time of delivery or delivery, but in any event within 14 days of receipt of the delivered Products, but only to unpack to the extent that is necessary to assess whether it will retain the Product. The Product must at all times be provided with the attached labels and the packaging material. In doing so, the Buyer must investigate whether the quality and quantity of the delivered Products correspond to the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
2. The Buyer is obliged to investigate and inform himself in which way the Product should be used and, in the event of personal use, to test the Product in accordance with the instructions for use. Le Châlet Fashion accepts no liability for incorrect use of the Product by the Buyer.
3. Any visible defects or shortcomings must be reported in writing to Le Châlet Fashion after delivery at firstname.lastname@example.org. The buyer has a period of 14 days after delivery for this. Non-visible defects or shortcomings must be reported within 14 days of discovery, but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer itself, the Buyer is liable for any loss in value of the Product.
4. If a complaint is made in time pursuant to the previous paragraph, the Buyer remains obliged to pay for the purchased Products. If the Buyer wishes to return defective Products, this will only take place with the prior written consent of Le Châlet Fashion in the manner indicated by Le Châlet Fashion.
5. If the Buyer states that the Product has not been delivered, Le Châlet Fashion is entitled to initiate an investigation into the authenticity of the Buyer’s report. Such notification is at the expense and risk of Le Châlet Fashion. If a report is deemed valid, the purchase amount will be refunded to the Buyer.
6. If the Buyer, being a Consumer, uses his right of withdrawal, he will return the Product and all accessories, insofar as this is reasonably possible, in its original condition and packaging to Le Châlet Fashion, in accordance with the return instructions of Le Châlet Fashion. The direct costs for return shipments are for the account and risk of the Buyer.
7. Le Châlet Fashion is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will be made.
8. Refunds to the Buyer will be processed as soon as possible, but the refund can take no later than 14 days after receipt of the Buyer’s declaration of termination. Refunds will be made to the previously specified account number.
9. If the Buyer exercises its right to complain, the Buyer, being a Company, has no right to suspend its payment obligation nor to settle outstanding invoices.
10. In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to Le Châlet Fashion, Le Châlet Fashion will send the missing Product(s) or the cancel remaining order. The confirmation of receipt of the Products is leading in this regard. Any damage suffered by the Buyer as a result of the (deviating) scope of the delivery cannot be recovered from Le Châlet Fashion.
Article 9 – Prices
1. The prices of the Products offered will not be increased during validity of the Offer, unless there are changes in VAT rates.
2. In principle, all prices stated in the Offer include turnover tax (VAT) and other tax levies. For Companies, prices are shown exclusive of VAT.
3. The prices as stated in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. In the case of Products or raw materials of which there are price fluctuations in the financial market and over which Le Châlet Fashion has no influence, Le Châlet Fashion can offer these Products at variable prices. It is stated in the Offer that the prices are target prices and may fluctuate.
Article 10 – Payment and collection policy
1. Payment should preferably be made in advance in the currency in which the invoice is made, using the method indicated.
2. The buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
3. The buyer must make payment in full to the account number and details of Le Châlet Fashion made known to it. Parties can only agree on a different payment term after explicit written permission from Le Châlet Fashion.
4. If a periodic payment obligation of the Buyer has been agreed, Le Châlet Fashion is entitled to adjust the applicable prices and rates in writing with due observance of a term of 3 months.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, the claims of Le Châlet Fashion against the Buyer are immediately due and payable.
6. Le Châlet Fashion has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. Le Châlet Fashion may, without being in default as a result, refuse an offer of payment if the Buyer designates a different order for the allocation. Le Châlet Fashion may refuse full repayment of the principal if the outstanding and accrued interest as well as the costs are not also paid.
7. If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the specified payment term of 14 days, the Buyer being a Company is in default. The Buyer being a Consumer, will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet his obligations within that term, before they falls into default.
8. From the date that the Buyer is in default, Le Châlet Fashion will, without further notice of default, be entitled to the statutory (commercial) interest from the first day of default until full payment and financial compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated in accordance with the scale from the decision on financial compensation for extrajudicial collection costs of 1 July 2012.
9. If Le Châlet Fashion has incurred more or higher costs that are reasonably necessary, these costs are eligible for financial compensation. The judicial and enforcement costs incurred are also for the account of the Buyer.
Article 11 – Retention of title
1. All Products delivered by Le Châlet Fashion remain the property of Le Châlet Fashion until the Buyer has fulfilled all the following obligations under all Agreements concluded with Le Châlet Fashion.
2. The buyer is not authorized to pledge or in any other way encumber the items subject to retention of title if the ownership has not yet been transferred in full.
3. If third parties seize the Products delivered subject to retention of title or wish to establish or assert rights thereon, the Buyer is obliged to inform Le Châlet Fashion as soon as can reasonably be expected.
4. In the event that Le Châlet Fashion wishes to exercise its property rights referred to in this article, the Buyer already now grants unconditional and irrevocable permission and authorization to Le Châlet Fashion or third parties to be designated by them to enter all those places where the properties of Le Châlet Fashion and to take those things back.
5. Le Châlet Fashion has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or hand over from Le Châlet Fashion. After the Buyer has fulfilled its obligations, Le Châlet Fashion will make every effort to deliver the purchased Products to the Buyer as soon as possible, but at the latest within 20 working days.
6. Costs and other (consequential) damage as a result of retaining the purchased Products are for the account and risk of the Buyer and will be reimbursed by the Buyer on first request to Le Châlet Fashion.
Article 12 – Warranty and (washing) instructions Products
1. Le Châlet Fashion guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or reliability and the legal rules/regulations at the time of the conclusion of the offer. the agreement. This also applies if the Products to be delivered are intended for use abroad and the Buyer has explicitly notified Le Châlet Fashion of this use at the time of entering into the Agreement.
2. The warranty on the Product lapses if the Customer does not comply with the washing instructions of the relevant article, also with due observance of the following additional washing instructions:
- Do not wash the product warmer than 40℃;
- Wash product with a PH neutral detergent;
- Do not use fabric softener, bleach and stain remover;
- Do not wring product.
Article 13 – Suspension and termination
1. Le Châlet Fashion is authorized to suspend the fulfillment of the obligations or to terminate the Agreement if the Buyer does not or not fully fulfill the (payment) obligations under the Agreement.
2. In addition, Le Châlet Fashion is authorized to terminate the Agreement existing between Le Châlet Fashion and the Buyer, insofar as it has not yet been performed, without judicial intervention if the Buyer, does not timely or not properly comply with the obligations arising from any Agreement concluded with Le Châlet Fashion.
3. Furthermore, Le Châlet Fashion is authorized to terminate the Agreement (or have it terminated) without prior notice of default if circumstances arise of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if otherwise circumstances arise which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is terminated, Le Châlet Fashion’s claims against the Buyer are immediately due and payable. When Le Châlet Fashion suspends the fulfillment of its obligations, it retains its rights under the law and the Agreement.
5. Le Châlet Fashion always reserves the right to claim financial compensation.
Article 14 – Limitation of liability
1. If the performance of the Agreement by Le Châlet Fashion leads to liability on the part of Le Châlet Fashion towards the Buyer or third parties, that liability is limited to the costs charged by Le Châlet Fashion in connection with the Agreement, unless the damage has arisen due to intent or gross negligence. The liability of Le Châlet Fashion is in any case limited to the maximum amount of damage that is paid out by the insurance company per event per year.
2. Le Châlet Fashion is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, lost savings and damage as a result of the use of the delivered Products is excluded. A restriction applies to Consumers in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
3. Le Châlet Fashion is not liable for and/or obliged to repair damage caused by the use of the Product. Le Châlet Fashion provides strict washing and usage instructions that must be observed by the Buyer. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use, use damage, fall damage, light and water damage, theft, loss, etc.).
4. Le Châlet Fashion is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
5. Le Châlet Fashion is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for whatever reason.
6. Le Châlet Fashion does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of Le Châlet Fashion, nor for its timely receipt.
7. All claims by the Buyer due to shortcomings on the part of Le Châlet Fashion will lapse if they have not been reported to Le Châlet Fashion in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer shall in any case expire one year after the termination of the Agreement.
Article 15 – Force majeure
1. Le Châlet Fashion is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault and is not for its account by virtue of the law, legal act or generally accepted standards.
2. Force majeure is in any case understood to mean, but is not limited to what is understood in this regard in law and jurisprudence, (i) force majeure of suppliers of Le Châlet Fashion, (ii) failure to properly fulfill obligations of suppliers Buyer has been prescribed or recommended to Le Châlet Fashion, (iii) defective Products, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example by: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at the Le Châlet Fashion company and (xi) other situations that, in Le Châlet Fashion’s opinion, are outside the scope of fall within its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
3. Le Châlet Fashion has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Le Châlet Fashion should have fulfilled its obligation.
4. During the period that the force majeure continues, the parties can suspend the obligations under the Agreement. If this period lasts longer than two months, each of the parties is entitled to terminate the Agreement, without any obligation to pay financial compensation to the other party.
5. Insofar as Le Châlet Fashion has already partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure, or will be able to fulfill them, and the part fulfilled or to be fulfilled, respectively, has independent value, Le Châlet Fashion is entitled to to invoice the fulfilled part or the part to be fulfilled separately. The buyer is obliged to pay this invoice as if it were a separate Agreement.
Article 16 – Transfer of risk
The risk of loss or damage to the Products that are the subject of the Agreement transfers to the Buyer, being a Company, the moment the Products leave the warehouse of Le Châlet Fashion. For Consumers, the aforementioned risk will pass to the Buyer if the Products have been provided under the Buyer’s control. This is the case if the Products have been delivered to the delivery address of the Buyer.
Article 17 – Intellectual Property Rights
1. All intellectual property rights and copyrights of Le Châlet Fashion rest exclusively with Le Châlet Fashion and are not transferred to the Buyer.
2. The Buyer is prohibited from disclosing and/or multiplying, modifying or making available to third parties all items covered by the intellectual property rights and copyrights of Le Châlet Fashion without the express prior written consent of Le Châlet Fashion. If the Buyer wishes to make changes to Products delivered by Le Châlet Fashion, Le Châlet Fashion must explicitly agree to the intended changes.
3. The Buyer is prohibited from using the Products to which Le Châlet Fashion’s intellectual property rights rest other than as agreed in the Agreement.
4. Any infringement by the Buyer of Le Châlet Fashion’s IP rights will be punished with a one-off fine of € 15,000 (in words: fifteen thousand euros) and a fine of € 250 (in words: two hundred and fifty euros). ) for each day that the infringement continues. This is without prejudice to Le Châlet Fashion’s right to claim additional financial compensation.
Article 18 – Privacy, data processing and security
1. Le Châlet Fashion handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Le Châlet Fashion will inform the person concerned about this.
2. If Le Châlet Fashion is required to provide information security on the basis of the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data and the associated costs. , is not unreasonable.
Article 19 – Complaints
1. If the Buyer is not satisfied with the Products of Le Châlet Fashion and/or has complaints about the (performance of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but at the latest within 14 calendar days after the relevant reason. that led to the complaint. Complaints can be reported via email@example.com with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Buyer for Le Châlet Fashion to be able to handle the complaint.
3. Le Châlet Fashion will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. The parties will try to reach a solution together.
Article 20 – Applicable law
1. Dutch law applies to every Agreement between Le Châlet Fashion and the Buyer. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
2. In the event of an explanation of the content and purpose of these general terms and conditions, the Dutch language thereof is always decisive. Le Châlet Fashion has the right to unilaterally change these general terms and conditions.
3. All disputes arising from or as a result of the Agreement between Le Châlet Fashion and the Buyer will be settled by the competent court of the Zeeland-West-Brabant District Court (Bergen op Zoom), The Netherland unless mandatory provisions designate another competent court.