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General conditions

General Conditions

 

CONTENTS:

Article 1 – Definitions

Article 2 – Identity of the company

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – The consumer’s obligations during the cooling-off period

Article 8 – The consumer’s exercise of the right of withdrawal and the related costs

Article 9 – The company’s obligations in the event of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Performance and additional warranty

Article 13 – Delivery and performance

Article 14 – Payment

Article 15 – Complaints procedure

Article 16 – Disputes

Article 17 – Additional or different provisions

 

Article 1 – Definitions

In these conditions, the terms below are defined as follows:

  1. Supplementary contract:a contract under which the consumer purchases products, digital content, and/or services in relation to a distance contract and these items, digital content, and/or services are supplied by the company or by a third party based on an arrangement between that third party and the company;
  2. Cooling-off period: the period in which the consumer can exercise their right of withdrawal;
  3. Consumer: a natural person not acting for purposes relating to their trade, business, craft, or profession;

 

  1. Day:calendar day;
  2. Digital content:data produced and delivered in digital format;
  3. Continuing performance contract: a contract for the regular supply of goods, services, and/or digital content during a certain period;
  4. Durable medium:every tool – including email – that enables the consumer or company to store information addressed to them personally, in a way that allows for future consultation or use for a period appropriate to the purpose for which the information is intended, and for the unaltered reproduction of the stored information;
  5. Right of withdrawal:the possibility for the consumer to decide not to proceed with the distance contract within the cooling-off period;
  6. Distance contract:a contract concluded between the company and the consumer under an organised system for the distance selling of products, digital content, and/or services, for which purpose sole or joint use is made of one or more means of distance communication until the contract is concluded;
  7. Model withdrawal form: the European model withdrawal form in Schedule I to these conditions;
  8. Means of distance communication:means that can be used for concluding a contract, without the consumer and company having to be in the same room at the same time.

 

Article 2 – Identity of the company

Lewis Fashion Group B.V.

Trade name(s): Lewis Fashion Group

Location and physical address: Hoogoorddreef 95 1101 BB Amsterdam

Office hours: Monday to Friday from 9 am to 5 pm

Email: info@lewisfashiongroup.com

Chamber of Commerce number: 72173386

VAT identification number: NL30ABNA0829382224


 

Article 3 – Applicability

  1. These general conditions apply to every offer made by the company and to every distance contract concluded between the company and the consumer.
  2. The text of these general conditions is provided to the consumer before the distance contract is concluded. If this is not reasonably possible, the company must state, before the distance contract is concluded, how the general conditions can be inspected at its premises and that they will be sent as soon as possible, free of charge, at the consumer’s request.
  3. Notwithstanding the previous paragraph, if the distance contract is concluded electronically, the text of these general conditions can be provided to the consumer electronically, before the distance contract is concluded, in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the company must state, before the distance contract is concluded, how the general conditions can be inspected electronically and that they will be sent electronically or otherwise, free of charge, at the consumer’s request.
  4. If specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy. If the conditions are contradictory, the consumer may always rely on the applicable provision that is most favourable to them.

 

Article 4 – The offer

  1. If an offer is valid for a limited period or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description will be sufficiently detailed to enable the consumer to properly assess the offer. If the company uses images, these will be a true reflection of the offered products, services, and/or digital content. The company is not bound by obvious mistakes or errors in the offer.
  3. Each offer contains such information that it is clear to the consumer which rights and obligations are attached to accepting the offer.

 

Article 5 – The contract

  1. Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and the conditions specified in the offer are fulfilled.
  2. If the consumer has accepted the offer electronically, the company will immediately confirm receipt of acceptance of the offer electronically. The consumer may terminate the contract as long as the company has not confirmed receipt of this acceptance.
  3. If the contract is concluded electronically, the company will implement appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the company will implement appropriate security measures.
  4. The company may inquire, within the statutory parameters, whether the consumer can fulfil their payment obligations and about all facts and factors relevant to entering into the distance contract responsibly. If the company has good reason not to enter into the contract based on this inquiry, it may refuse an order or request, or attach special conditions to its performance.
  5. The company must send the following information in writing, or in such a way that the consumer can store it accessibly on a durable medium, no later than when the product, service, or digital content is supplied to the consumer:
  6. the physical address of the company’s branch where the consumer can go with any complaints;
  7. the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
  8. the information about warranties and the existing after-sales service;
  9. the price (including all taxes) of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or performance of the distance contract;
  10. the requirements for terminating the contract if the contract has a fixed term of more than one year or is open-ended;
  11. if the consumer has a right of withdrawal, the model withdrawal form.
  12. In the event of a continuing performance contract, the provision of the previous paragraph applies to the first delivery only.

 

Article 6 – Right of withdrawal

You may withdraw from the contract within 30 days without stating reasons.

 

General information:

To exercise the right of withdrawal, you will need to contact us (Lewis Fashion Group B.V., Hoogoorddreef 95, 1101 BB, Amsterdam – the Netherlands, info@lewisfashiongroup.com, telephone: +31 (0)20 218 44 83) and confirm unambiguously (e.g. in writing, by post, fax, or email) that you have decided to withdraw from the contract. You can use the enclosed return form for this purpose, but you are not obliged to do so. To meet the withdrawal deadline, you need only send notice that you are exercising your right of withdrawal before the withdrawal period expires.

 

For products:

  1. The consumer may terminate a purchase contract for a product during a cooling-off period of at least 30 days without stating reasons. The company may ask the consumer about their reason for withdrawing but cannot oblige the consumer to state their reason(s).
  2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party whom the consumer designates in advance (other than the carrier), receives the product, or:
  3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party whom the consumer designates, receives the last product. The company may refuse an order for several products with a different delivery time if it has clearly informed the consumer of this before the order is placed;
  4. if the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party whom the consumer designates, receives the last consignment or the last part;
  5. in case of contracts for the regular supply of products during a certain period: the day on which the consumer, or a third party whom the consumer designates, receives the first product.

 

Consequences of the withdrawal:

After you withdraw from the contract, we will refund the payments you have made up to that point without delay, at least no later than 14 days after you have informed us of your decision to withdraw. We will refund you using the same payment method you used for the original transaction unless you have expressly agreed otherwise. In any event, we will not charge you for such refunds.

 

We may wait to refund until we have received the goods back from you, or until you have supplied evidence of having returned the goods, whichever happens first. You are liable for any reduction in the value of the goods resulting from their use beyond what is necessary to establish their nature, characteristics, and operation.

 

Article 7 – The consumer’s obligations during the cooling-off period

  1. During the cooling-off period, the consumer must treat the product and its packaging with care. They must unpack or use the product only to the extent necessary to determine its nature, characteristics, and operation. The basic principle in this regard is that the consumer may handle and inspect the product only as they would be allowed to do in a shop.
  2. The consumer will be liable for any reduction in the value of the product resulting from how it is handled that goes beyond what is permitted in paragraph 1.
  3. The consumer will not be liable for any reduction in the value of the product if the company has not provided them with all legally required information concerning the right of withdrawal before or at the time of concluding the contract.

 

Article 8 – The consumer’s exercise of the right of withdrawal and the related costs

  1. If the consumer uses their right of withdrawal, they must notify the company of this fact within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.

 

  1. As soon as possible, but within 30 days from the day following the notice referred to in paragraph 1, the consumer must return the product or hand it over to the company or its authorised representative. This will be unnecessary if the company has offered to collect the product itself. The consumer will always have complied with the return period if they return the product before the cooling-off period expires.
  2. The consumer must return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the company’s reasonable and clear instructions.
  3. The consumer bears the risk and burden of proof of correctly exercising their right of withdrawal on time.
  4. The consumer bears the direct costs of returning the product. If the company has not stated that the consumer must bear these costs or if the company has stated it will bear them itself, the consumer need not bear the costs of returning the product.

 

Article 9 – The company’s obligations in the event of withdrawal

  1. If the company allows the consumer to give notice of withdrawal electronically, it must send an acknowledgement of receipt of this notice without delay.
  2. The company must refund all payments made by the consumer, including any delivery costs charged by the company for the returned product, without delay but within 14 days from the day on which the consumer notifies it of the withdrawal. Unless the company offers to collect the product itself, it may wait to make the refund until it has received the product or until the consumer proves that they have returned the product, whichever happens first.
  3. The company must use the same payment method for the refund that the consumer used for the transaction unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer chose a more expensive delivery method than the cheapest standard delivery, the company need not refund the additional costs for the more expensive method.

 

Article 10 – Exclusion of the right of withdrawal

The company may exclude the following products and services from the right of withdrawal, but only if the company clearly stated this fact in its offer, or in due time before concluding the contract:

  1. Products or services whose price is linked to fluctuations in the financial market beyond the company’s control and which may occur within the withdrawal period;
  2. Products made to the consumer’s specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person.

 

Article 11 – The price

  1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes caused by changes in VAT rates.
  2. Notwithstanding the previous paragraph, the company may offer products or services whose prices are subject to fluctuations in the financial market beyond the company’s control, at variable prices. The offer must refer to the restraints of these fluctuations and the fact that any quoted prices are guide prices.
  3. Price increases within three months of concluding the contract are permitted only if they are the result of statutory regulations or provisions.
  4. Price increases as from three months after concluding the contract are permitted only if the company has stipulated this and: (a) the price increases are the result of statutory regulations or provisions; or (b) the consumer may terminate the contract on the day the price increase takes effect.
  5. The prices of products or services mentioned in the offer include VAT.

 

Article 12 – Performance of the contract and additional warranty

  1. The company warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government rules that existed on the date that the contract was concluded. If agreed, the company also warrants that the product is suitable for other than normal use.

 

  1. An additional warranty provided by the company, its supplier, manufacturer, or importer never limits the statutory rights and claims that the consumer may enforce against the company under the contract if the company has failed to perform its part of the contract.
  2. An additional warranty means any commitment of the company, its supplier, importer, or producer in which the consumer is granted certain rights or claims that extend beyond what the company is legally obliged to do if it has failed to perform its part of the contract.

 

Article 13 – Delivery and performance

  1. The company will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has notified to the company.
  3. Subject to the provisions of Article 4 of these general conditions, the company will execute accepted orders with due speed but within no more than 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can be executed only partially, the consumer will be notified about this within 30 days of placing their order. In this case, the consumer may terminate the contract without incurring any costs and may be entitled to compensation.
  4. After termination under the previous paragraph, the company must refund the amount paid by the consumer without delay.
  5. Unless expressly agreed otherwise, the company bears the risk of damage and/or loss of products until they are delivered to the consumer or to a representative previously designated and notified to the company.

 

Article 14 – Payment

  1. Unless specified otherwise in the contract or additional conditions, the consumer must pay the amounts they owe within 14 days of the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days of concluding the contract.

 

  1. When products are sold to consumers, general conditions may never require the consumer to pay more than 50% in advance. If advance payment is stipulated, the consumer cannot enforce any rights regarding the execution of the relevant order or performance of the service(s) before the stipulated advance payment has been made.
  2. The consumer must immediately report any inaccuracies in the provided or stated payment details to the company.
  3. If the consumer does not comply with their payment obligation(s) on time, the company will notify them of their late payment and give them 14 days in which to meet their payment obligations. If the consumer still fails to pay within this 14-day period, they will owe statutory interest on the amount due, and the company may charge extrajudicial collection costs. These collection costs are capped at 15% on outstanding amounts up to €2,500, 10% on the next €2,500, and 5% on the next €5,000, subject to a minimum of €40. The company may deviate from these amounts and percentages in favour of the consumer.

 

Article 15 – Complaints procedure

  1. The company has an adequately publicised complaints procedure and deals with any complaints in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the company with a full and clear description within a reasonable period of the consumer discovering the defects.
  3. The company will respond to complaints submitted to it within 14 days of the date of receipt. If the company foresees that the period to process a complaint will be longer, it will respond to the consumer within 14 days with an acknowledgement of receipt and indicate when the consumer can expect a more detailed answer.
  4. The consumer may also complain about a product, a service, or the company’s after-sales service by emailing info@lewisfashiongroup.com with a clear description of the complaint and any photographs to substantiate it.
  5. If the complaint cannot be solved by agreement within a reasonable period or within three months after the complaint was submitted, a dispute arises that is subject to the dispute resolution procedure.

 

Article 16 – Disputes

  1. Only Dutch law applies to contracts between the company and the consumer to which these general conditions apply.
  2. Disputes between the consumer and the company about concluding or performing contracts relating to products or services to be supplied or that have been supplied by the company can be submitted to the Geschillencommissie Webshop (part of the Dutch Foundation for Consumer Complaints Boards), P.O. Box 90600, 2509 LP The Hague ().
  3. The Geschillencommissie Webshop will handle a dispute only if the consumer has first submitted their complaint to the company within a reasonable period.
  4. The dispute must be submitted in writing to the Geschillencommissie Webshop no later than twelve months after it arises.
  5. If the consumer wishes to submit a dispute to the Geschillencommissie Webshop, the company is bound by this choice. If the company wishes to do so, the consumer must state in writing, within five weeks of a written request by the company to that effect, whether they also wish to do so or whether they want the competent court to deal with the dispute. If the company does not receive the consumer’s choice within the five-week period, the company may submit the dispute to the competent court.
  6. The Geschillencommissie Webshop renders its decision under the conditions as set out in its regulations (https://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop – available in Dutch only). The Geschillencommissie Webshop’s decisions are made by way of a binding opinion.
  7. The Geschillencommissie Webshop will not deal with a dispute, or will stop dealing with a dispute, if the company has been granted a moratorium on the payment of debts, been put into liquidation, or has physically ceased trading before the Geschillencommissie Webshop has dealt with a dispute at the hearing and rendered a final decision.

 

Article 17 – Additional or different provisions

Additional provisions or provisions that deviate from these general conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.

 

Schedule I: Model withdrawal form

 

Model withdrawal form (complete and return this form only if you wish to withdraw from the contract)

– To:

Lewis Fashion Group

FAO Webshop

Hoogoorddreef 95

1101 BB Amsterdam

info@lewisfashiongroup.com

 

 

 

 

 

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