Terms & Conditions
General terms and conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the trader.
Day: calendar day
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period of time.
Durable medium: any means that enables the consumer or trader to store information addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible.
Right of cancellation: the possibility for the consumer to renounce the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers goods and/or services to consumers at a distance.
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, one or more means of distance communication are exclusively used until the conclusion of the agreement.
Distance communication technique: 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.
General terms and conditions: the present general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Dejavu The Label
info@dejavuthelabel.com
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the trader's premises and they will be sent to the consumer on request as soon as possible.
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 may be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 viewed electronically and that they will be sent electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
If one or more provisions of these general terms and conditions should at any time be wholly or partially invalid or void, the remainder of the agreement and these terms and conditions shall remain in force and the provision in question shall be replaced immediately by mutual agreement by a provision that comes as close as possible to the spirit and purpose of the original provision.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this must be expressly stated in the offer.
The offer is subject to change. The entrepreneur is authorised to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make an appropriate assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly with the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to
The price, excluding customs clearance costs and import sales tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services with regard to import. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect VAT (together with customs clearance fees, if applicable) from the recipient of the goods.
any shipping charges.
the manner in which the contract is concluded and what actions are required for this.
Whether or not the right of cancellation applies.
the method of payment, delivery and fulfilment of the contract.
the period for acceptance of the offer or the period within which the trader guarantees the price.
the amount of the distance communication rate, if the costs for the use of the distance communication technique are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer;
the way in which the consumer can check and, if necessary, correct the information he has provided in the contract before concluding it;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;.
And the minimum duration of the distance contract in the case of a fixed-term contract.
Optional: available sizes, colours, type of materials.
Article 5 - The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer by electronic means, the trader will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may cancel the contract.
If the contract is concluded electronically, the trader must take appropriate technical and organisational measures to protect electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
The entrepreneur can - within the legal framework - find out whether the consumer can fulfil 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 assessment, the entrepreneur has good reasons not to conclude the contract, he is authorised to refuse an order or request, stating his reasons, or to attach special conditions to its execution.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be kept accessible by the consumer on a durable medium:
1. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
2. the information on guarantees and the existing after-sales service;
3. the information contained in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract;
4. the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a fixed-term contract, the provision in the previous paragraph only applies to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of cancellation
When purchasing products, the consumer has the option to dissolve the agreement for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer will handle the product and its 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 makes use of his right of withdrawal, he will return the product with all delivered accessories and - if possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he must inform the entrepreneur within 14 days of receipt of the product. The consumer must do this in the form of a written notification/email. After the consumer has declared that he wishes to exercise his right of cancellation, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, e.g. by means of proof of dispatch.
If the customer has not expressed his wish to make use of his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in the event of cancellation
If the consumer makes use of his right of withdrawal, the costs of returning the product are for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation, in the form of a voucher. The condition for this is that the product has already been returned to the entrepreneur or that conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of cancellation
The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the contract is concluded.
Exclusion of the right of cancellation is only possible for products
1. which have been manufactured by the trader according to the consumer's specifications;
2. which are clearly of a personal nature
3. which cannot be returned due to their nature
4. that spoil or age quickly
5. whose price is subject to fluctuations in the financial market over which the trader has no influence;
6. for individual newspapers and magazines
7. for audio and video recordings and computer software whose seal has been broken by the consumer
8. for hygiene articles for which the consumer has broken the seal.
The exclusion of the right of cancellation is only possible for services
1. relating to accommodation, transport, catering or leisure activities to be provided on a specific day or during a specific period;
2. the supply of which has begun with the express consent of the consumer before the expiry of the cancellation period;
3. which concern betting and lotteries.
Article 9 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered may not be increased, with the exception of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This connection with the fluctuations and the fact that the prices quoted are target prices must be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has prescribed them and:
1. they result from statutory provisions or regulations; or
2. the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
The place of supply within the meaning of Article 5(1) of the Value Added Tax Act 1968 is the country in which the transport begins. In the present case, this delivery takes place outside the EU. The postal or courier service then charges the customer import VAT or handling charges. Consequently, no VAT will be charged by the entrepreneur.
All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing errors, the company is not obliged to deliver the product at the wrong price.
Article 10 - Compliance and guarantee
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of suitability and/or usability and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the agreement.
Defective or incorrectly delivered products should be reported to the trader in writing within 14 days of delivery. Products should be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties.
the delivered products have been exposed to abnormal conditions or have otherwise been handled negligently or contrary to the Contractor's instructions and/or on the packaging.
The defectiveness is wholly or partly the result of regulations that the government has issued or will issue with regard to the nature or quality of the materials used.