Article 1 – Definitions
The following definitions apply in these General Terms and Conditions:
1. CVRD Fashion B.V.: the private limited liability company CVRD Fashion B.V., which offers Products to Consumers by distance selling;
2. Consumer: the natural person who is not acting in pursuit of a profession or business and enters into a Contract agreement with CVRD Fashion B.V.;
3. Distance Contract: an agreement whereby, within the framework of a system for the distance selling of products, organised by CVRD Fashion B.V., one or more techniques for distance communication are used, up to and including the conclusion of the contract with the Consumer: hereinafter also referred to as the Contract;
4. Reflection Period: the term within which the Consumer may make use of his right of withdrawal;
5. Right of Withdrawal: the Consumer’s option, within the Reflection Period, to decide against concluding said distance contract:
6. Products: the Products advertised on the Website;
7. Day: a calendar day;
8. Website: www.cvrdcollection.com
Article 2 – Identity of the entrepreneur
CVRD Fashion B.V.
1071 HG Amsterdam
Telephone number: +31 (0)20-8461581 on working days between 09:00 hours and 17:00 hrs
Email address: firstname.lastname@example.org
Registered with the Chamber of Commerce under number 63324997.
VAT identification number: NL855187153B01.
Article 3 - Applicability
These General Terms and Conditions apply to all offers made by CVRD Fashion B.V. and to any distance contracts concluded between CVRD Fashion B.V. and the Consumer.
Article 4 - The Offer
1. The offer includes a full and accurate description of the Products and/or services offered. The description is detailed enough to allow a sound assessment of the Offer to be made by the Consumer. Obvious mistakes or errors in the offer are not binding on CVRD Fashion B.V.;
2. Each offer shall contain such information that will ensure that the rights and obligations attached to acceptance of the offer are clear to the Consumer. This concerns in particular:
a) the price including taxes;
b) any delivery costs;
c) the manner in which the Contract is to be concluded and what actions are required for this purpose;
d) the method of payment and delivery;
e) the term for acceptance of the offer; and
f) the address to which, and the term within which, the Consumer may submit a complaint.
Article 5 - The Contract
1. The Consumer can place an order with CVRD Fashion B.V. by completing the appropriate order form, in full, at: www.cvrdcollection.com.
2. CVRD Fashion B.V. sends the Consumer an email, confirming receipt of the relevant order, to the email address that the Consumer has stated on the order form. CVRD Fashion B.V. will only process an order if the Consumer has entered all requested information, in full, on the order form.
3. The Contract will be concluded after CVRD Fashion B.V. has accepted the order from the Consumer (which is evident from the confirmation email referred to in paragraph 3), the order has been paid by the Consumer and has been dispatched by CVRD Fashion B.V.
4. In the event of force majeure, CVRD Fashion B.V. shall have the right, at its discretion, to suspend performance of the order, or to dissolve the Contract without judicial intervention, by notifying the Consumer thereof in writing and without CVRD Fashion B.V. being obliged to pay any compensation unless, given the circumstances, this would be unacceptable in accordance with the standards of reasonableness and fairness. Force majeure is defined as any shortcoming that cannot be attributed to CVRD Fashion B.V., because it is not the result of a fault committed by CVRD and would not be for its account, pursuant to the law, a legal act or common opinion.
Article 6 - Right of withdrawal upon delivery of Products
1. The Consumer is obliged to examine whether the Product/s comply with the Contract at the time of its/their delivery.
2. If this is not the case, the Consumer may dissolve the Contract without stating reasons within seven (7) days. This term commences on the day on which the product is received by, or on behalf of, the Consumer.
3. During this period the Consumer shall treat the Product and packaging with due care. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the Product. If he exercises his right of withdrawal, he will return the product with all the supplied accessories, and in its original condition and packaging, to CVRD Fashion B.V. in accordance with the reasonable and clear instructions issued by CVRD Fashion B.V.
Article 7 - Costs in case of withdrawal
1. If the Consumer exercises his right of withdrawal, only the cost of the return shipment, at most, shall be borne by the Consumer.
2. If the Consumer has paid a sum of money [for any Products and/or services], CVRD Fashion B.V. shall reimburse this amount as soon as possible, but in any event within 14 days after receipt of the return shipment or withdrawal.
Article 8 - Exclusion of the right of withdrawal
1. If the Consumer does not have a right of withdrawal, this can only be excluded by CVRD Fashion B.V. if this is stated clearly in the offer by CVRD Fashion B.V. or, at any rate, before conclusion of the Contract.
2. Exclusion of the right of withdrawal is only possible with respect to Products which:
a) were created by CVRD Fashion B.V. in accordance with the Consumer's specifications;
b) are clearly personal in nature; or
c) cannot be returned as a result of their nature.
Article 9 - The price
1. If the prices for the offered Products increase in the period between the order and its execution, the Consumer is entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of said price increase by CVRD Fashion B.V.
2. The prices quoted in the offer of Products or services are stated in euros and include VAT.
Article 10 - Compliance and Guarantee
CVRD Fashion B.V. guarantees that the Products comply with the Contract and the specifications stated in the offer.
Article 11 - Delivery and performance
1. CVRD Fashion B.V. will observe the upmost care when receiving and executing orders for Products.
2. The place of delivery shall be the address that the Consumer has made known to CVRD Fashion B.V. If the Consumer submits an address, in writing, to CVRD Fashion B.V., then CVRD Fashion B.V. will be entitled to send all orders to that address, unless the Consumer submits another address, in writing, to CVRD Fashion B.V. to which its orders must be sent.
3. CVRD Fashion B.V. will execute the accepted orders expeditiously, but in any event within 14 days, unless a longer delivery period has been agreed. If a delivery is delayed or cannot be executed or only partially executed, the Consumer will be notified thereof within 14 days at most after placing the order.
4. The delivery times stated by CVRD Fashion B.V. are merely indicative. Exceeding any delivery period does not entitle the Consumer to compensation and does not give him the right to cancel the order, or to rescind the Contract, unless the delivery period is exceeded to such an extent that the Consumer cannot be expected, within reason, to maintain the Contract. If this is the case, the Consumer will have the right to cancel the order or to dissolve the Contract to the extent necessary.
5. In case of dissolution in accordance with the previous paragraph, CVRD Fashion B.V. shall refund the amount paid by the Consumer as soon as possible, but in any event within 14 days after dissolution.
6. The ownership of delivered Products does not pass until after the Consumer has paid what he owes to CVRD Fashion B.V. on the basis of any agreement.
7. The risk of damage and/or loss of Products lies with CVRD Fashion B.V. until the moment of delivery to the Consumer.
Article 12 Payment
1. Unless a later time has been agreed, the amounts owed by the Consumer must be paid to CVRD Fashion B.V. before the final date stated and in accordance with the method of payment indicated on the Website.
2. The Consumer is obliged to notify CVRD Fashion B.V. without delay of any inaccuracies in the payment details that have been provided or stated.
3. If the Consumer fails to make any payment, CVRD Fashion B.V. shall have the right to suspend (performance of) the relevant Contract and the related contracts, or to dissolve the Contract.
4. If the prices for the Products and services offered increase in the period between the order and its execution, the Consumer is entitled to cancel the order, or to dissolve the agreement, within ten days after notification of said price increase by CVRD Fashion B.V.
Article 13 Complaints procedure
1. CVRD Fashion B.V. has at its disposal, a well-known complaints procedure which is stated on the Website and deals with complaints in accordance with this complaints procedure.
2. The Consumer must check, on receipt of the Products, whether the quantity and quality of the Products comply with the Contract.
3. The Consumer can no longer invoke the fact that the Products do not comply with the Contract if the Consumer has not notified CVRD Fashion B.V. thereof within 14 days.
4. Complaints submitted to CVRD Fashion B.V. are answered within a term of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, CVRD Fashion B.V. will contact the Consumer within the term of 14 days, acknowledging receipt of the complaint and giving an indication as to when the Consumer might expect a more detailed response.
Article 14 - Safety and privacy
1. If the Consumer buys Products from CVRD Fashion B.V., CVRD Fashion B.V. shall be allowed to inform the Consumer of its own, similar Products and services by post, telephone or email. Consumers who no longer wish to receive emails from CVRD Fashion B.V. can send an email to: email@example.com or make use of the opt-out provision included in every newsletter.
Article 15 Miscellaneous
1. If CVRD Fashion B.V. has permitted deviations from the present general terms and conditions, for a short or a longer period of time, implicitly or otherwise, this shall not prejudice its right to demand immediate and strict compliance with these terms and conditions. The Consumer can never have any right enforced on the basis of the fact that CVRD Fashion B.V. applies the present terms and conditions in a lenient manner.
2. If one or more provisions of the present terms and conditions or of any other agreement concluded with CVRD Fashion B.V. prove to be in breach of any applicable legal regulations, then the relevant provision shall lapse and be replaced by a new, legally permissible and comparable provision to be established by CVRD Fashion B.V.
3. CVRD Fashion B.V. is authorised to make use of the services of third parties for the performance of the Consumer’s order(s).
Article 16 - Applicable law and competent court
1. These General Terms and Conditions are governed exclusively by Dutch law, as are all the rights, obligations, offers, orders and agreements to which they apply.
2. All disputes will be submitted exclusively to the competent court in Amsterdam.