GENERAL TERMS AND CONDITIONS ALLC B.V.
(WEB SHOP CONSUMER SALES) AUGUST 2019 – Filed with the Netherlands Chamber of Commerce on 3 September 2019
ARTICLE 1. | DEFINITIONS
In these General Terms and Conditions, the following terms will be used in the following meaning.
- General Terms and Conditions: the present “General Terms and Conditions ALLC B.V. Consumers”.
- ALLC: ALLC B.V., the user of these General Terms and Conditions, having its statutory seat at Stavangerweg 10, 9723 JC Groningen, the Netherlands registered in the Trade Register under COC No. 75524791, operating in the Netherlands under VAT number: NL860312513B01, telephone number 0031 (0)50-7370191, email address: email@example.com.
- Consumer: each natural person, not acting in trade, business or profession, with whom ALLC has concluded or intends to conclude an agreement as referred to in the following section.
- Agreement: each purchase agreement concluded between ALLC and the Consumer, by means of the ordering process on the website, using exclusively or partly one or more means of distance communication, and by which ALLC has committed itself towards the Consumer to the delivery of products, against a price to be agreed between parties.
- Website: alittlelovelycompany.com, alittlelovelycompany.de, alittlelovelycompany.us and alittlelovelycompany.nl.
- Products: all goods to be delivered by ALLC to the Consumer within the framework of the agreement.
- In writing: both traditional written communication and digital communication to be stored on a sustainable data carrier, such as e-mail communication.
ARTICLE 2. | GENERAL STIPULATIONS
- These General Terms and Conditions are applicable to each offer of ALLC, such as published on the website, and each concluded distance agreement between ALLC and Consumer.
- If these General Terms and Conditions have been made available in several languages, then the Dutch version of these General Terms and Conditions decisive for the interpretation of the stipulations included therein at all times.
- Stipulations that deviate from these General Terms and Conditions will only be effective if these have been accepted in writing in an individual agreement. If anything explicitly stated on the website and confirmed per e-mail to the Consumer by ALLC as part of an agreement, deviates from the stipulations in these General Terms and Conditions, then whatever is confirmed by ALLC to the Consumer per e-mail shall apply.
- Annulment or invalidity of one or more of the stipulations of these General Terms and Conditions is without prejudice to the validity of the other stipulations. Where appropriate, parties are obliged to enter into mutual consultation in order to reach agreement about a replacing arrangement regarding the affected stipulation(s). In such case the purpose and the scope of the original stipulation(s) will be preserved as much as possible.
- ALLC reserves the right to unilaterally modify or complement these General Terms and Conditions. Minor amendments can
be made at any time. Substantial modifications will be clearly communicated to the Consumer and will create a right for the Consumer to reject the modification or dissolve the agreement on the basis of such modification. Dissolution of the agreement on the grounds of the modified general terms and conditions is possible if the modification is unreasonably onerous or if the contents of the agreement change substantially, leading to the conclusion that the Consumer would not have concluded the agreement, had they been aware of this modification.
ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
- Each offer of ALLC (including in the webshop/on the website) is non-binding and is under the precondition of availability of the offered products.
- The Consumer can derive no rights from an offer of ALLC containing an obvious error or mistake.
- Notwithstanding the stipulations in section 1, the agreement is concluded when ALLC has confirmed the order per e-mail to the Consumer.
ARTICLE 4. | RIGHT OF WITHDRAWAL
- The Consumer can revoke the agreement without giving any reason, in whole or in part, up to and including 14 days starting the day after the products have been received by or on behalf of him. In case an order is delivered in parts, the Consumer’s withdrawal period of 14 days will commence on the day after the day the last part of the order has been delivered and taken in receipt by or on behalf of the Consumer.
- The Consumer has no right of withdrawal in case of:
- the delivery of products that are not suitable for return due to health protection or hygiene reasons which were unsealed after delivery;
- an agreement for which the right of withdrawal is otherwise excluded on the basis of Section 6.5.2B of the Dutch Civil Code.
- The Consumer exercising his right of withdrawal, may revoke the agreement by submitting a request thereto to ALLC by e-mail (firstname.lastname@example.org). ALLC shall confirm the termination of the agreement per e-mail at the earliest after notification of the Consumer exercising his right of withdrawal, provided the terms and conditions of this article are met.
- During the term as referred to in section 1, the products to be returned and their packaging should be handled with care. The Consumer may handle and inspect those products only to the extent required to establish the nature, characteristics and functionality of the products. As a basic principle, the products may only be handled and inspected compared to as it would be allowed in a physical shop.
- If the Consumer exercises his right of withdrawal, he shall return the products to ALLC undamaged and in their original state, including all delivered accessories, in their original packaging and in conformity with the reasonable and clear instructions provided by ALLC.
- The Consumer shall be liable for any diminished value of the goods resulting from the handling of the goods that goes beyond handling as mentioned under section 4. ALLC is authorised to charge the Consumer for this diminished value, by deducting this amount from the payments already received from the Consumer or otherwise.
- The Consumer shall send back the goods not later than 14 days from the day on which he has communicated his decision to withdraw from the contract in accordance with section 3. The Consumer has in any case observed the return period if he returns the product before the withdrawal period has expired.
- Any possible shipping costs associated with returning the products shall be for the account of the Consumer invoking his right of withdrawal. Shipping costs for returns within the Netherlands are free of charge. Outside of the Netherlands shipping costs may be charged. In such case this will be clearly communicated.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
- ALLC shall reimburse all payments received from the Consumer, minus any diminished value, without undue delay, in any event not later than 14 days after receiving the Consumer’s decision to withdraw, provided ALLC has received the goods back, or if the Consumer has supplied evidence of having sent back the goods. If the right of withdrawal was invoked for a part of the agreement only, then any delivery costs paid by the Consumer in first instance are not eligible for a refund. Furthermore, ALLC is not obliged to reimburse any additional costs, if the Consumer has explicitly chosen for a delivery type other than the least expensive standard delivery as offered by ALLC.
- The sale has become final when, after expiry of the term as mentioned in section 1, the Consumer has not expressed his will to exercise his right of withdrawal or has not returned the product to ALLC.
ARTICLE 5. | DELIVERY OF THE PRODUCTS & DELIVERY PERIODS
- Delivery of the products takes place by shipment thereof to the delivery address or pick-up point stated by the Consumer, unless explicitly agreed that the products shall be collected at the location of ALLC.
- ALLC reserves the right to deliver orders in parts. In case the products are to be collected by the Consumer, the Consumer will be notified explicitly in advance of such partial delivery.
- The risk of loss and damaging of the products is transferred onto the Consumer the moment the products have been taken in receipt by or on behalf of the Consumer.
- ALLC strives to comply with the delivery period agreed between parties. However, all stated and agreed delivery periods solely represent indicative, non-fatal terms. In case of a (foreseeable) delayed delivery, ALLC makes an effort to notify the Consumer thereof as soon as possible per e-mail. ALLC will not be in default sooner than after the Consumer has notified ALLC of its default in writing, stating a reasonable term during which ALLC is granted the possibility to comply with its obligation to deliver, and when ALLC still has not complied after the expiry of the term last referred to.
- Upon overrun of the agreed delivery period, the Consumer is never authorised to refuse receipt of the products to be delivered and/or not meet their other obligations arising from the agreement. Overrun of the agreed delivery period does not create a right to compensation of damages for the Consumer.
- If, as a consequence of a circumstance imputable to the Consumer, additional expenses are made by ALLC, for instance in connection with multiple delivery attempts, then these additional expenses will be for the account of the Consumer.
- If an order is not accepted by or on behalf of the Consumer, and returned to ALLC for instance because the order is sent back from the mail order company or pick-up point, and the Consumer did not make a valid claim of withdrawal as referred to in the previous article, then this authorises ALLC to dissolve the agreement, in which case solely the sales price of the products shall be refunded, excluding the incurred delivery expenses.
ARTICLE 6. | CONFORMITY
- ALLC warrants that the products are in compliance with the agreement, and thus possess those characteristics required for normal use thereof (conformity).
- Any additional warranty provided by ALLC, the manufacturer or importer does not negatively affect the mandatory legal rights and claims of the Consumer vis-à-vis ALLC in case ALLC has failed to fulfil its part of the agreement.
- Additional warranty means any obligation of ALLC, the manufacturer or importer to grant the Consumer certain rights or claims that go beyond what is legally required in the event that ALLC has failed to fulfil its part of the agreement.
- The Consumer forfeits its right to instigate a claim or defence in connection with the existence of a defective consumer purchase, if he did not file his claim with ALLC, within two months after discovery of the defect by him.
- No grounds for claims on warranty or non-conformity are: defects in products because of an external cause or another cause not attributable to ALLC. This includes, without limitation, defects because of damaging, incorrect or inexpert treatment and use in violation of any user manuals or other directions of ALLC.
- Products can never be returned without prior written permission of ALLC, except in the situation as mentioned under article 4 (right of withdrawal).
ARTICLE 7. | FORCE MAJEURE
- ALLC is not required to fulfil any obligations from the agreement if and for as long as it will be hindered thereto by a circumstance that cannot be imputed to it on the basis of the law, a legal act or current views in civil society.
- Parties are authorised to dissolve the agreement with immediate effect if a force majeure event makes it permanently impossible to fulfil the obligations of the agreement.
- If ALLC at the emergence of a force majeure event has already partially fulfilled its obligations, or can only partially fulfil its obligations, it will be authorised to invoice the part already executed, respectively executable part of the agreement separately, as if it were an autonomous agreement.
- Damages resulting from a force majeure event are, notwithstanding the previous section, never eligible for compensation.
ARTICLE 8. | PRICES, COSTS & PAYMENTS
- In case of delivery, shipment and handing costs apply, as stated on the website of ALLC. Before conclusion of the agreement, the total price will be specified, inclusive of VAT and additional (shipping) costs.
- Payments must take place in a method approved by ALLC.
- In case advance payment is agreed, ALLC is not required to execute the agreement sooner than after the Consumer has settled the amounts due to ALLC on the basis of the agreement.
- If timely payment is not effected, the Consumer shall be in default automatically. The Consumer is required to pay the statutory interest rate applicable at that time on the outstanding amount, from the day the Consumer is in default.
- All reasonable costs made for obtaining the amounts due by the Consumer, such as in-court, extra-judicial and execution costs, are for the Consumer’s account, all in accordance with Dutch Law on Collection fees.
ARTICLE 9. | LIABILITY AND SAFEGUARD
- The Consumer bears the damages caused by incorrect or incomplete information provided by the Consumer, expressly including information regarding the delivery address or pick-up point. Furthermore, the Consumer bears damages caused by a deficiency in meeting his lawful obligations deriving from the law or the agreement, as well as another circumstance that cannot be imputed to ALLC.
- Additional costs deriving from the Consumer providing incorrect or incomplete information with regard to the delivery address or pick-up point, when it is no longer reasonably possible to repair this situation, are for the account of the Consumer.
- It is the Consumer’s own responsibility to examine whether the products are suitable for the Consumer’s proposed use. ALLC is never liable for damages arising from use of the products in violation of any accompanying user manuals.
- Liability of ALLC is limited to the value of the invoice of the agreement, at least to that part of the agreement to which the liability of ALLC applies. This limitation does not go beyond what is permitted under article 7:24 section 2 of the Dutch Civil Code.
- The Consumer safeguards ALLC from any claims of third parties suffering damages in connection with the execution of the agreement, the cause of which is attributable to parties other than ALLC.
- The limitations of liability as stated in these General Terms and Conditions do not apply if damage is caused due to wilful intent or conscious recklessness by ALLC.
ARTICLE 10. | COMPLAINTS POLICY
- Complaints regarding the execution of the agreement must be submitted within reasonable time after discovery of the defects by the Consumer. Complaints shall be fully and clearly described and submitted per e-mail (email@example.com), or otherwise in writing, to ALLC.
- Complaints submitted to ALLC will be answered within a period of fourteen days after receipt thereof. If a complaint or question requires additional handling time, ALLC shall provide a confirmation of receipt within the term of fourteen days, accompanied by an indication of when the Consumer can expect a more extensive answer.
- If the complaint cannot be resolved in mutual consultation, then the Consumer can present the dispute to the complaints committee via the European ODR-platform (ec.europa.eu/consumers/odr/).
ARTICLE 11. | INTELLECTUAL PROPERTY
- ALLC reserves all intellectual property rights with regard to the products, as well as to their trademarks, logos and to the texts, image materials and other content represented on her website as well as other content of whichever nature. Consumer is forbidden to (have) multiply, to (have) copy, to (have) reproduce, to (have) register or to (have) disclose or distribute these goods or to use in whichever manner other than deriving from the nature or scope of the agreement or the normal use of the website.
- A violation imputable to the Consumer of the stipulations in the previous section gives ALLC the right to claim immediate undoing of the infringement, as well as to claim a compensation of damages to be established on the basis of the nature and scope of the infringement.
ARTICLE 12. | FINAL STIPULATIONS
- All products delivered by ALLC to the Consumer shall remain property of ALLC until the Consumer has fulfilled all of their payment obligations under the agreement.
- Each agreement and all legal relations resulting therefrom are exclusively governed by the laws of the Netherlands.
- Parties shall not sooner turn to the courts than after they have made an optimum effort, to resolve the dispute in mutual consultation