Terms and conditions
Article 1: definitions
In these General terms and conditions the following definitions apply:
1.1. Seller: Do Fashion BV, having its registered seat at (5211 WD) Den Bosch at the address Koninginnenlaan 15, also acting under the name “Her Can Be You”;
1.2. Buyer: any natural or legal person that places an order with Seller;
1.3. Agreement: the Purchase Agreement between Seller and Buyer under which goods are supplied to Buyer by Seller.
Article 2: applicability
2.1. These General terms and conditions apply, to the exclusion of any other general terms and conditions, to any offer, order and any Agreements between Seller and Buyer, to which Seller declared these terms and conditions applicable, to the extent that Parties have not expressly deviated from these terms and conditions.
2.2. By placing an order with Seller Buyer expressly approves of the applicability and contents of these general terms and conditions. Any deviations from the provisions of these general terms and conditions shall apply only if expressly agreed in writing.
2.3. In case one or more provisions of these general terms and conditions should be void or declared invalid, the remaining provisions shall remain in full force and effect. In that case Seller and Buyer shall mutually consult in order to agree new provisions to replace the invalid or voidable provisions, taking into account the intention and purport of the original provision(s) to the extent as possible.
2.4. Any rights and privileges of Seller that are stipulated in these general terms and conditions and any further Agreements shall also apply to any intermediaries and other third parties engaged by Seller.
Article 3: conclusion of Agreement
3.1. Any offers
made by Seller are free of obligation. Seller has the right to chance prices,
especially but not exclusively if that is necessary on the basis of (legal)
regulations, or when Seller’s costs of production or purchase have risen.
3.2. An Agreement is concluded only after Seller's acceptance of the order placed by Buyer. Seller has the right to refuse orders or attach specific conditions to delivery. If the order of Buyer is not accepted by Seller, Buyer will be notified of that by Seller within five (5) business days of receipt of the order by Seller.
Article 4: offers and prices
4.1. Prices quoted for the goods offered are expressed in euro, inclusive of "btw" (Dutch VAT) and exclusive of handling and shipping costs, unless stated otherwise or agreed otherwise in writing.
4.2. In case of an increase in prices of the goods and services offered between the time at which Buyer places an order and the time of delivery of the order by Seller, Buyer has the right to cancel the order or rescind the Agreement within five (5) business days after notification of the price increase by Seller. In case Seller does not receive any response from Buyer within said term of five (5) days, Buyer is deemed to approve of said price increase.
4.3. Any statements by Seller of prices, specifications and/or other descriptions of goods and/or services in its website are at all times made with due care. However, Seller cannot guarantee the accuracy of this information or the fact that no deviations of this may occur. Agreements concluded on the basis of incorrect information contained in its website shall not be binding on Seller, and therefore Seller has the right to refuse orders and/or to cancel or rescind Agreements entered into in such cases.
Article 5: samples and models
5.1. If a sample or model has been shown or provided to Buyer, they are deemed to be provided as indications only, unless it has been expressly agreed that the goods to be supplied will be exactly identical.
5.2. Colours shown in the web shop of Seller may differ from actual colours. The colours of the goods in the web shop depend on the settings of the monitor and graphical interface of Buyer. Therefore Buyer cannot derive any rights from the colours shown in the web shop.
Article 6: deliveries
6.1. Transfer of
possession shall take place by shipment of the goods to Buyer to the address
specified by Buyer. Place of delivery legally (transfer of ownership) is Ex
6.2. Seller is not obliged to see to delivery in the way as specified by Buyer until Buyer has paid the entire amount due to Seller.
6.3. The risk in the goods delivered shall pass to Buyer at the time of delivery.
6.4. In case Buyer does not or not in a timely manner take delivery of the goods ordered by Buyer at the time and place of delivery agreed, Buyer shall be in default without notice of default being required. In that case Seller has the right to store the goods at the risk and for account of Buyer or to rescind the Agreement with Buyer, without prejudice to the right of Seller to claim full damages.
Article 7: times of delivery
7.1. The times of
delivery specified on the website of Seller are indicative. Buyer will receive
his order without delay and in any case within thirty (30) business days after
conclusion of the Agreement, unless stated otherwise by Seller. In the latter
case Buyer will be notified of that in time. Non-observance of the time of
delivery does not give Buyer any right to damages.
7.2. In case of non-observance of the time of delivery agreed Buyer does not have the right to rescind the Agreement, unless said non-observance is such that Buyer cannot reasonably be expected to maintain the Agreement (or part of the Agreement concerned).
Article 8: costs of shipping and delivery
8.1. Buyer is
obliged to pay the costs of shipping and delivery. Seller shall advise Buyer of
the amount of these costs upon placement of the order.
Article 9: payment
after placing the order Buyer is obliged to pay to Seller the amount owed by
Buyer. The confirmation of the order by Seller is considered the invoice also.
9.2. Buyer is obliged to pay the amount due without any deductions or set-off within fourteen days after the date at which the order was placed by Buyer.
9.3. Buyer can effect payment by using one of the payment methods offered during the order process. The order of Buyer may be subject to specific (payment / ordering) conditions. In case of payment by bank or giro the date of payment is considered the date at which the amount is credited to the bank respectively giro account of Seller.
9.4. In case Buyer has not effected payment of the entire amount due by Buyer within the above time of payment, Buyer shall be in default by operation of the law without any notification or notice of default being required. In that case Buyer is obliged to pay an interest on late payment in the amount of 1% per month or part of a month on the unpaid part of the amount owed by Buyer from the time at which Buyer is in default until the day of payment in full. In case legal interest is more than 12% per year, Buyer shall owe legal interest.
9.5. Any costs of collection, including any and all costs of legal assistance, both in and out of court provided by any party, shall be borne by Buyer. Any extrajudicial costs of collection incurred by Seller in order to effectuate fulfilment of the obligations of Buyer shall be borne by Buyer. These costs shall be calculated according to the following collection rates advised by the "Nederlandse Orde van Advocaten" (Dutch Bar Association) with a minimum of € 40,00 for each unpaid invoice:
15% of the principal amount of the claim, for the first € 2.500,00 of the claim;
10% of the principal amount of the claim, for the next € 2.500,00 of the claim;
5% of the principal amount of the claim, for the next € 5.000,00 of the claim;
1% of the principal amount of the claim, for the next € 190.000,00 of the claim;
0,5% of the remaining principal amount with a maximum
of € 6.775,00.
9.6. Buyer is obliged to pay legal commercial interest on the costs of collection incurred.
9.7. If Buyer
does not effect full payment in a timely manner, Seller shall also have the
right to suspend or rescind the Agreement concerned and any associated
Agreements, without prejudice to the right of Seller to demand compensation of
any damage caused to Seller.
Article 10: warranty
guarantees that, on delivery of the goods sold and supplied to Buyer, said
goods will meet any reasonable requirements for use that may apply to said
10.2. Without prejudice to the provisions in this article no warranty shall apply in case wear of the goods is considered normal wear and tear, as well as in the following cases:
10.3. In case of
modification of or to the goods, including repairs performed without the
permission of Seller;
10.4. In case defects in the goods were caused by inexpert use or use that differs from their intended use;
10.5. In case damage to the goods was caused by intent, gross negligence or carelessness on the part of Buyer.
Article 11: right of withdrawal / return within 5 business days
- On delivery of the goods ordered Buyer is obliged to inspect without delay whether Seller has properly performed the Agreement. In particular Buyer needs to inspect whether the goods delivered meet the requirements of the agreement: if the correct goods have been delivered, if the correct quantity and quality have been delivered or, if there are no quality requirements, if the goods are capable for normal use/normal business purposes.
- Buyer is obliged to notify Seller immediately but no later than five (5) business days after delivery of any visible defects found.
- Buyer is obliged to notify Seller immediately but no later than five (5) business days after detection of any invisible defects found Invisible defects must be reported to Seller within 30 days after delivery.
- If Buyer notifief Seller of a defect with just cause, Seller has the right tot either replace the defect product, or to credit Buyer for the amount paid for the defect product. Seller is never under the obligation to compensate Buyer for other or further damages.
- In case Buyer does not notify Seller within the term set above, Seller is considered to have fully met its obligations under the Agreement entered into between the parties. From then on claims or notifications concerning defects do not have to be dealt with by Seller and have no (legal) consequences.
- Claims and/or notifications as meant in this article do not give Buyer the right to suspend payemtn, unless Seller explicitely agrees to a suspension of payment.
- Seller reserves the right to refuse any goods returned or sent back, or to repay only part of the amounts already paid in case it is assumed that the goods have already been opened, used or damaged by the fault of Buyer. In that case Seller has the right to deduct the amount of the depreciation of the value of the product from the amount to be repaid to Buyer.
Article 12. Retention of title
12.1. All goods delivered by Seller remain its property until full payment of all its claims, for whatever reason, plus any interest and costs owed thereon.
12.2. As long as full payment has not been made and Buyer is in default or Seller has good reason to fear that Buyer will be in default, Seller can immediately reclaim the delivered goods without prior notice of default. Buyer grants Seller the authority to enter its sites and buildings for this purpose.
12.3. The risk for the goods to which a retention of title rests pursuant to paragraph 1 of this article lies with Buyer after delivery. The latter is obliged to adequately insure the said goods, in any case against the risks of theft, damage and destruction. Buyer is not permitted to have any claims against its insurer under insurance as referred to in this paragraph served to third parties. Payments in respect of damage and loss of the goods referred to in this article shall take the place of the goods concerned.
12.4. Buyer is obliged to immediately notify any person who wishes to seize goods delivered by Seller, which are subject to Seller's retention of title, or in the event of Buyer's administration or bankruptcy itself, to immediately notify his trustee in bankruptcy or administrator, with a copy thereof to Seller, that Seller has remained the owner of the delivered goods, on punishment of forfeiture of an immediately due and payable fine, which cannot be subject to judicial mitigation, in the amount of € 5,000 or, if higher, of the original invoice amount of the goods. The fine applies in addition to any obligation to pay compensation.
Article 13: liability
- The liability of Seller towards Buyer, for whatever reason, shall for each event (in which a connected series of events is considered one event) be limited to the purchase price of the Product concerned.
- Seller is never liable for indirect damage caused to Buyer or third parties (including consequential damage, loss of turnover and profit, loss of data and immaterial damage) resulting from or in connection with the Agreement or the use of the goods ordered by Buyer.
- Seller is not liable for non-performance or limited performance of the website, telecommunication infrastructure and/or other errors in communication or possible consequences of that. The contents of the website of Seller and the contents of any other communications of Seller on the internet have been compiled with utmost care. However, Seller cannot give any guarantees with respect to the nature, accuracy or content matter of said information. For that reason Seller is not liable for frequent errors, inconsistencies, confusion, delays or unclear transmission of orders and communications due to the use of the internet or any other (electronic) means of communication in interactions between Seller and Buyer, or the consequences of the use of said information. Seller further excludes any liability with respect to advice and replies to questions given by Seller, except in case of intent or gross negligence on the part of Seller.
Article 14: force majeure
- Seller is not obliged to perform any obligations not being financial payment obligations if Seller is prevented to do so on account of force majeure. Force majeure is understood to mean a non-attributable failure in the performance of any third parties or suppliers engaged, as well as any circumstance beyond the actual (decisive) control of Seller.
Article 15: privacy
- Seller shall respect the privacy of any and all visitors to its website and shall ensure that personal information is treated confidentially. Said personal information shall be used only in order to carry out the order completely.
- Personal information shall not be provided by Seller to any third parties not affiliated to Seller, except in case Buyer has explicitly approved of this or in case it is necessary in connection with either the performance of Seller’s obligations or legal requirements.
- The website may contain advertisements of third parties or links to other websites. Seller cannot influence privacy policies of such third parties or their websites, and therefore Seller is not responsible for those.
Article 16: consumer right of withdrawal
16.1. When purchasing goods, the Buyer (consumer) has the option to dissolve the agreement without stating reasons (right of withdrawal) during 14 days. This reflection period starts on the day after receipt of the product by the Buyer (consumer).
16.2. During the reflection period, the Buyer (consumer) will handle the goods and the 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 with all accessories supplied and - if reasonably possible - in the original condition and packaging to the Seller, in accordance with the reasonable and clear instructions provided by the Seller. The costs for a return shipment are for the account of the Buyer (consumer).
16.3. In case Seller has not carried out delivery of the goods ordered within thirty (30) days commencing on the day at which Buyer (consumer) has placed its order with Seller, Seller shall be in default by operation of the law, and Buyer (consumer) shall have the right to rescind the Agreement with Seller.
16.4. Buyer (consumer) does not have the right referred to in paragraph 1 above in case Seller has agreed a different time of delivery with Buyer (consumer), or in case the delay in delivery cannot be attributed to Seller, or performance has already become permanently impossible.
16.5. In case performance has become permanently impossible because the good purchased is not available, Buyer (consumer) shall be informed of that without delay and Buyer (consumer) shall have the right to restitution of the amount paid to Seller by Buyer (consumer). Seller shall repay these amounts to Buyer (consumer) within thirty (30) days after Seller has notified Buyer (consumer) of the impossibility to deliver.
Article 17: applicable law and choice of court
17.1. Any orders and Agreements entered into with Buyer by Seller are governed by Dutch law exclusively. The applicability of the Vienna Sales Convention is excluded.
17.2. Any disputes resulting from or in connection with a legal relationship between parties to which these General terms and conditions apply, shall be submitted to the exclusive jurisdiction of the Court of Zeeland – West Brabant.
These General terms and conditions were provided to Buyer by Seller on conclusion of the Agreement by means of an opportunity offered to download and store them as part of the order process, and they are further available for inspection at the office of Seller in Den Bosch, and shall be sent again to Buyer free of charge upon request. They are available on the internet at: www.hercanbeyou.com