Terms and Conditions
General terms and conditions Toonen Fashion
ARTICLE 1 - Definitions
ARTICLE 2 - Identity of the entrepreneur
ARTICLE 3 - Applicability
ARTICLE 4 - The offer
ARTICLE 5 - The Agreement
ARTICLE 6 - Right of withdrawal
ARTICLE 7 - Costs in case of withdrawal
ARTICLE 8 - Obligations of the entrepreneur in the event of withdrawal
ARTICLE 9 - Exclusion right of withdrawal
ARTICLE 10 - The price
ARTICLE 11 - Conformity and Warranty
ARTICLE 12 - Delivery and execution
ARTICLE 13 - Duration Transactions
ARTICLE 14 - Payment
ARTICLE 15 - Complaints procedure
ARTICLE 16 - Additional or different provisions
Article 1 - In these terms and conditions, the following definitions apply:
1. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
2. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
3. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusively or partly one or more remote communication techniques are used;
4. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
5. Reflection period: the period within which the consumer can make use of his right of withdrawal;
6. Day: calendar day;
7. Digital content: data produced and supplied in digital form;
8. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
9. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
10. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
Article 2 – Identity of the entrepreneur
7331 LV, Apeldoorn
Chamber of Commerce number: 08095800
If the activity of the entrepreneur is subject to a relevant licensing system: the data about the supervisory authority;
If the entrepreneur practices a regulated profession:
− the professional association or organization to which he is affiliated;
− the professional title, the place in the EU or the European Economic Area where it was awarded;
− a reference to the professional rules that apply in the Netherlands and indications where and how these professional rules can be accessed.
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most convenient for him in the event of conflicting terms and conditions. is favorable.
Article 4 – The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
Article 6 – Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 7 calendar days. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product 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. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in the store.
3. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 2.
If he makes use of 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 entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, he must report this within the reflection period by means of the return form for withdrawal.
2. As soon as possible, but within 7 days from the day following the notification referred to in paragraph 1, the consumer returns the product. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
3. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
4. If the consumer makes use of his right of withdrawal, the maximum costs of return will be for his account.
5. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.
Article 8 – Obligations of the entrepreneur in the event of withdrawal
If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification. The entrepreneur will reimburse the consumer's payments, excluding any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. The refund is free of charge for the consumer.
Article 9 – Exclusion right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with the consumer's specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
Article 10 – The 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 for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can 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 dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
Article 11 – 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 requirements of reliability and/or usability and the statutory provisions existing on the date of the conclusion of the agreement. regulations and/or government regulations.
2. A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the entrepreneur's obligations towards the entrepreneur on the basis of the law. and/or the distance contract.
Article 12 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer. Unless it is indicated by the delivery service that the product has been delivered to the specified address, the consumer is liable for loss of the product and no claims can be made against the entrepreneur. If the item is missing, the entrepreneur must contact the delivery service to further investigate the case. The entrepreneur is given reasonable time to work out the procedure with the delivery service.
Article 13 – Duration transactions
The consumer can terminate an agreement that has been entered into for an indefinite period of time with due observance of the agreed cancellation rules and a notice period of no more than one month.
An agreement entered into for a definite period of time has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 14 – Payment
1. Insofar as not provided otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the cooling-off period. agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
Article 15 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint has a foreseeable longer processing time
asks, the entrepreneur will answer within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months of submitting the complaint, a dispute will arise that is subject to the dispute settlement procedure.
Article 16 – Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.