Terms and Conditions
TERMS AND CONDITIONS
- Arabic-Dress.eu: ARABIC DRESS, established in Utrecht under Chamber of Commerce no. 77192923.
- Customer: the person with whom ARABIC DRESS has entered into an agreement.
- Parties: ARABIC DRESS and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of terms and conditions
- These conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of ARABIC DRESS.
- Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
- The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
- All prices applied by ARABIC DRESS are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated or agreed otherwise.
- All prices that ARABIC DRESS uses for the products or services, on its website or that are otherwise made known, ARABIC DRESS can change at any time.
- Increases in the cost prices of products or parts thereof, which ARABIC DRESS could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered meet the match sample or model.
Consequences of not paying on time
- If the customer is in default, he also owes extrajudicial collection costs and any compensation to ARABIC DRESS.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, ARABIC DRESS may suspend its obligations until the customer has fulfilled its payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of ARABIC DRESS against the customer are immediately due and payable.
- If the customer refuses to cooperate with the execution of the agreement by ARABIC DRESS, he is still obliged to pay the agreed price to ARABIC DRESS .
Right of advertising
- As soon as the customer is in default, ARABIC DRESS is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- ARABIC DRESS invokes the right of advertising by means of a written or electronic communication.
- As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to ARABIC DRESS, unless the parties agree otherwise.
- The costs for returning or returning the products will be borne by the customer.
Right of withdrawal
1. A consumer can cancel an online purchase during a reflection period of 14 days withoutgiving any reason, provided that:
- the product has not been used
- it is not a product that has been tailor-made or modified especially for the consumer
- it is not a product that cannot be returned for hygienic reasons (jewelry and belts, etc.)
- the consumer has not waived his right of withdrawal.
2. The reflection period of 14 days as referred to in paragraph 1 starts:
- on the day after the consumer has received the last product or part of 1 order
3. The consumer can make his appeal to the right of withdrawal known via [email protected], if desired using the withdrawal form that can be downloaded from the ARABIC DRESS website, https://ArabicDress.com.
4. The consumer is obliged to return the product to ARABIC DRESS within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
5. The costs for returns are borne by the customer.
If the purchase costs are eligible for a refund according to the law, ARABIC DRESS will refund these costs to the consumer within 14 days of receipt of the return shipment, provided that the consumer has returned the product to ARABIC DRESS in time.
6. Fees charged for the payment methods Klarna and Paypal are not refunded to the customer regardless of whether a product is kept or not.
7. Gift cards and vouchers are valid for 1 year.
8. Gift boxes can no longer be returned.
9. Packing service will not be refunded when the customer returns the order.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
- ARABIC DRESS may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to ARABIC DRESS, unless the customer has provided sufficient security for those costs.
- The right of retention also applies under previous agreements from which the customer still owes payments to ARABIC DRESS.
- ARABIC DRESS is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt owed to ARABIC DRESS against a claim against ARABIC DRESS.
Retention of title
- ARABIC DRESS remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards ARABIC DRESS under any agreement concluded with ARABIC DRESS, including claims for failure to perform.
- Until then, ARABIC DRESS can invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If ARABIC DRESS invokes its retention of title, the agreement will be deemed dissolved and ARABIC DRESS has the right to claim damages, lost profits and compensation.
- Delivery will take place while stocks last.
- Delivery takes place at ARABIC DRESS, unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or are not paid on time, ARABIC DRESS has the right to suspend its obligations until the agreed part has been paid after all.
- In case of late payment, there is a default by creditors, with the result that the customer cannot object a late delivery to ARABIC DRESS .
- The delivery times specified by ARABIC DRESS are indicative and do not entitle the customer to dissolution or compensation if these are exceeded, unless the parties have expressly agreed otherwise in writing.
- The delivery time starts at the moment that the customer has completely completed the (electronic) order process and has received an (electronic confirmation) from ARABIC DRESS.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless ARABIC DRESS is unable to deliver within 14 days after being required to do so in writing or the parties have agreed otherwise. li>
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packaging and shipping
- If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which ARABIC DRESS cannot be held liable. held for any damage.
- If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging prior to transport to ARABIC DRESS, failing which ARABIC DRESS cannot be held liable for any damage.
- If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of early or late purchase of products are entirely for the account of the customer.
- The warranty with respect to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.< /li>
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.
- Exchange is only possible for items purchased online and the following conditions are met:
- Exchange is only possible for products purchased online and takes place within 14 days of purchase upon presentation of the original invoice
- the product is returned or brought to the store in the original packaging or with the original (price) tags still attached
- the product has not yet been used
- customized items cannot be exchanged.
The customer indemnifies ARABIC DRESS against all claims from third parties related to the products and/or services supplied by ARABIC DRESS.
- The customer must examine a product or service provided by ARABIC DRESS as soon as possible for any shortcomings.
- If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform ARABIC DRESS of this as soon as possible, but in any case within 1 week after the discovery of the shortcomings. set.
- The customer provides as detailed a description as possible of the shortcoming, so that ARABIC DRESS is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to ARABIC DRESS being obliged to perform other work than has been agreed.
Notice of default
- The customer must notify ARABIC DRESS of default in writing.
- It is the responsibility of the customer that a notice of default ARABIC DRESS is actually (timely) reached.
Principal liability customer
If ARABIC DRESS enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to ARABIC DRESS under that agreement.
- ARABIC DRESS is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
- If ARABIC DRESS is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
- ARABIC DRESS is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
- If ARABIC DRESS is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the ) invoice amount to which the liability relates.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from ARABIC DRESS expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolve
- The customer has the right to dissolve the agreement if ARABIC DRESS fails imputably in the fulfillment of its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
- If the fulfillment of the obligations by ARABIC DRESS is not permanently or temporarily impossible, dissolution can only take place after ARABIC DRESS is in default.
- ARABIC DRESS has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if ARABIC DRESS has become aware of circumstances that give it good grounds to fear that the customer will not be able to fulfill his obligations properly.
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by ARABIC DRESS in the fulfillment of any obligation with regard to the customer cannot be attributed to ARABIC DRESS in a situation independent of the will of ARABIC DRESS , as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from ARABIC DRESS .
- The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation arises as a result of which ARABIC DRESS cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until ARABIC DRESS can meet them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- ARABIC DRESS does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Change of Agreement
If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
- Outre les dispositions de l'article 6:75 du Code civil néerlandais, un manquement d'ARABIC DRESS à l'exécution de toute obligation vis-à-vis du client ne peut être imputé à ARABIC DRESS dans une situation indépendante de la volonté d'ARABIC DRESS, à la suite de quoi l'exécution de ses obligations envers le client est totalement ou partiellement empêchée ou à la suite de laquelle l'exécution de ses obligations ne peut raisonnablement être attendue de la part d'ARABIC DRESS.
- La situation de force majeure visée au paragraphe 1 comprend également, mais sans s'y limiter : un état d'urgence (comme une guerre civile, une insurrection, des émeutes, des catastrophes naturelles, etc. ); l'inexécution et la force majeure des fournisseurs, livreurs ou autres tiers ; pannes inattendues de courant, d'électricité, d'Internet, d'ordinateurs et de télécommunications ; virus informatiques, grèves, mesures gouvernementales, problèmes de transports imprévus, intempéries et arrêts de travail.
- Si une situation de force majeure survient à la suite de laquelle ARABIC DRESS ne peut pas remplir une ou plusieurs obligations envers le client, ces obligations seront suspendues jusqu'à ce qu'ARABIC DRESS puisse à nouveau les remplir.
- A partir du moment où une situation de force majeure a duré au moins 30 jours calendaires, les deux parties peuvent résilier le contrat par écrit en tout ou en partie.
- ARABIC DRESS n'est redevable d'aucune indemnité (dommageable) en cas de force majeure, même si elle bénéficie d'un avantage résultant de la situation de force majeure.
Si, après la conclusion de l'accord, il apparaît nécessaire pour sa mise en œuvre de modifier ou de compléter son contenu, les parties adapteront l'accord en conséquence en temps opportun et en consultation mutuelle.
Change of terms and conditions
- ARABIC DRESS is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major substantive changes will be discussed with the customer as much as possible in advance by ARABIC DRESS .
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- The customer's rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of ARABIC DRESS.
- This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or voidable will in that case be replaced by a provision that comes closest to what ARABIC DRESS had in mind when drafting the conditions on that point.
Applicable law and competent court
- All agreements between the parties are exclusively governed by Dutch law.
- The Dutch court in the district where ARABIC DRESS is located/ has its practice/office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
Prepared on 19-10-2019.