ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
1.1 These General Terms and Conditions, made available online by the Seller on the Website, govern all offers, orders, agreements and other legal relationships between the Buyer and the Seller with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.
ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT
2.1 An Agreement is concluded between the Buyer and the Seller exclusively by the Seller’s acceptance of an Order (the offer) from the Buyer placed on or via the Website in the following manner:
- The Buyer has selected the desired Product in the desired style and added it to the shopping cart.
- The Buyer has followed and completed the following steps:
Step 1: The Buyer has filled in his/her address details and, if the delivery address differs from the invoice address, the desired delivery address.
Step 2: The Buyer has checked the order.
Step 3: The Buyer has selected the desired payment method and, if applicable, made full advance payment. - The Order has been placed.
- The Buyer receives an electronic confirmation of the placed Order (on the Website).
If the Seller accepts the Order, the Seller will send the Buyer a confirmation by email as soon as possible after the Order has been placed.
2.2 The Seller is entitled to reject the Order placed by the Buyer in the following cases, among others:
- If the total value of the Order exceeds € 1,000.00.
- If the information provided by the Buyer is incorrect and/or incomplete, or if the Seller has reasonable grounds to doubt this.
- If the Buyer’s payment is not received within the agreed term.
- If the Buyer has previously failed to meet his/her payment obligations towards the Seller.
- If the Buyer has previously failed to accept and/or collect Orders placed with the Seller.
- If there is an obvious mistake or clerical error, for example in the prices shown on the Website.
- If the desired delivery address is not located in the Netherlands.
The Seller will notify the Buyer as quickly as possible if an Order is not accepted.
2.3 The Seller will retain the Agreement and keep it on file for a certain period (minimum of seven years). If the Buyer has his/her own account, he/she can view the Agreement by logging into that account. The Buyer may also request a copy of the Agreement from the Seller – as long as the Seller still has it on file – by contacting the Seller via the contact details available through the ‘Contact’ button on the Website.
2.4 The Agreement, including the security and privacy statement placed on the Website and these General Terms and Conditions, constitute the entire agreement between the Buyer and the Seller regarding the use of the Website and the placement and execution of an Order.
ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES
3.1 Shipment will be made using a carrier designated by the Seller.
3.2 After conclusion of the Agreement, the Seller will dispatch the Products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the Buyer, provided that the Seller has received the full Purchase Price if the Buyer has chosen advance payment and unless the parties have agreed on a longer delivery period.
3.3 The Seller will make delivery in accordance with agreed delivery dates to the greatest extent possible; however, the Buyer acknowledges that delivery dates are based on the circumstances known to the Seller at the time the Agreement is concluded and, insofar as they depend on work or services to be provided by third parties, on the information provided by such third parties to the Seller.
3.4 The Buyer will be notified within 14 (fourteen) days after conclusion of the Agreement if delivery is delayed or if an order cannot be executed in whole or in part, in which case the Buyer is entitled to dissolve the Agreement free of charge until the moment the Order is shipped.
3.5 The risk of any damage to or loss of the Products passes to the Buyer from the moment the Products are delivered.
ARTICLE 4. PRICE AND PAYMENT
4.1 The prices shown on the Website are in euros, include Value Added Tax (VAT) where applicable, and exclude shipping costs. Shipping costs will be charged separately for each Agreement. The total Purchase Price due will be shown when the Order is placed and when the Agreement is confirmed.
4.2 The Seller is entitled to adjust the prices shown on the Website from time to time without prior notice. The prices displayed at the time the Order is placed are deemed to be the prices that form part of the Agreement.
4.3 Payment may be made using the methods indicated on the Website and must be made before or after delivery of the Product, depending on the chosen method.
4.4 The Buyer is obliged to notify the Seller immediately of any errors in the payment details provided to the Seller.
4.5 If the Buyer exceeds the payment term, he/she is in default by operation of law, and the Seller is entitled to charge statutory interest on the outstanding amount from the due date.
ARTICLE 5. RIGHT OF WITHDRAWAL / RETURNS
5.1 The Buyer is entitled to return the delivered Product within a period of 14 days after receipt without stating reasons, in the manner indicated by the Seller, provided that the Product has not been worn, is undamaged and (as far as possible) is in the original and undamaged packaging. Sale items cannot be returned. The Buyer is not permitted to exchange the Product for another Product. If the Buyer wishes to purchase a different Product, he/she must place a new order on the Website. All costs, including all shipping costs, for returning the goods are borne by the Buyer.
5.2 In the case referred to in the preceding subsection, the Seller will refund the Purchase Price as quickly as possible, but in any event within 14 days after termination of the Agreement (in accordance with applicable law; return shipment received or proof of return required).
ARTICLE 6. FORCE MAJEURE
6.1 The Seller is not liable for any damage resulting from a delay in delivery or failure to deliver caused by circumstances that prevent the Seller from fulfilling its obligations and that cannot be attributed to the Seller because they are not at the Seller’s risk according to law, legal act or generally accepted standards, such as – but not limited to – war, threat of war, civil war, riots, government-declared national day of mourning, strikes, transport problems, trade restrictions, customs issues, fire, flooding, earthquake or bankruptcy of third parties engaged by the Seller, failure by suppliers to deliver goods or to deliver goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious disruptions in the business operations of the Seller or third parties engaged by it.
6.2 If, due to force majeure, the Seller fails to fulfil its obligations under the Agreement or fails to do so in a timely manner, the Seller is entitled to perform the Agreement within a reasonable period or – if performance within a reasonable period is not possible – to dissolve the Agreement in whole or in part, without being obliged to pay any compensation to the Buyer in that regard.
ARTICLE 7. COMPLAINTS
7.1 The contact details of the Seller can be found by clicking on the ‘Contact’ button on the Website.
7.2 The Buyer is obliged to inspect the Product upon delivery and to notify the Seller within a reasonable period if there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.
7.3 The Seller will respond to any complaints received within 14 days of receipt. The Seller will notify the Buyer within 14 days if it is foreseeable that the complaint will require a longer processing period, stating the period within which the Buyer can expect to receive an answer.
7.4 The Buyer acknowledges that minor deviations, deviations generally considered acceptable and deviations that cannot or are difficult to avoid with respect to quality, size, colour, finish, etc. of the Products cannot or are difficult to avoid and do not constitute a well-founded reason for a complaint. Such complaints, and complaints regarding the fact that certain articles have been removed from the product range, are not well-founded. The Seller is not liable for any damage sustained by the Buyer as a result of such complaints.
7.5 The Buyer will fully cooperate if the Seller recalls a Product. The Buyer will immediately notify the Seller if the Buyer suspects that a Product has a safety defect and is subject to recall.
ARTICLE 8. INTELLECTUAL PROPERTY RIGHTS
8.1 All trademarks, product names, logos, models and designs (hereinafter referred to as the ‘IP Rights’) depicted on or affixed to the Products or otherwise related to the Products are the property of the Seller or one or more of its group companies. The Buyer acknowledges the Seller’s proprietary rights in respect of the IP Rights and will refrain from using the IP Rights in any way and from any conduct that could harm or otherwise negatively affect the IP Rights.
8.2 The Seller refers to the disclaimer regarding intellectual property rights in respect of the Website.
ARTICLE 9. RETENTION OF TITLE
9.1 The Seller retains title to all goods to be delivered until the following obligations towards the Seller have been fully complied with:
- the performance and obligations (including payment obligations) that the Buyer owes/has in respect of all goods that have been or will be delivered under the agreement;
- and claims arising from the Buyer’s breach of this agreement.
ARTICLE 10. WARRANTY AND LIABILITY
10.1 The Seller is not liable for any indirect, additional or consequential damage of any kind whatsoever that the Buyer suffers in connection with the Agreement. Under no circumstances will any direct damage for which the Seller is legally liable to the Buyer exceed the Purchase Price.
10.2 The Seller refers to the disclaimer regarding its liability in respect of the Website and the use of the Website.
ARTICLE 11. APPLICABLE LAW
11.1 The Agreement between the Buyer and the Seller is governed by Dutch law.
ARTICLE 12. INVALID PROVISIONS
12.1 If any provision contained in these General Terms and Conditions is invalid:
- the remaining provisions contained in these Terms and Conditions will nevertheless remain in effect; and
- the invalid provision must be interpreted or converted, as far as possible, into a valid provision having the same purport.
ARTICLE 13. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
13.1 The Seller is entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the Website. The Buyer must always consult these General Terms and Conditions before using the Website. If the Buyer is unable to consult the General Terms and Conditions via the Internet, the Seller will send the Buyer a copy of the most recent version of the General Terms and Conditions by email upon request.
DISCLAIMER
The rights with respect to this Website and the information, products, materials, software and services contained therein or otherwise provided by ONENINE (the "Information") are owned by ONENINE, its group companies and/or its licensors ("ONENINE"). ONENINE may amend these terms, the Website and/or the Information at any time without prior notice and may deny or limit access to the Website and/or the Information.
ONENINE hereby grants you a non-exclusive, revocable, non-assignable and non-sublicensable right to use the Website and the Information for personal and non-commercial use only. All other use is prohibited, including disclosure, copying, distribution and linking (including framing and deep linking). ONENINE makes reasonable efforts to ensure that the Information on the Website is accurate and up-to-date. However, ONENINE does not guarantee that the Information is complete and correct.
Electronic communication is not secure and may be intercepted by others, manipulated, infected with malicious code including viruses, not arrive at its destination or be delayed.
Use of the Website and the Information is at your own risk. ONENINE does not warrant the operability, accuracy, reliability, completeness, timeliness of the Website nor the uninterrupted, timely, secure or error-free operation of the Website. Use of the Website (including downloading thereof) is at your own risk. ONENINE does not guarantee that the Website, the servers or electronic communication is free of viruses or other harmful material.
ONENINE is not liable for any costs incurred or damage sustained directly or indirectly in connection with the Website, the Information or electronic communication, including if the Website, the Information or electronic communication (I) is unusable or can only be used in part or with limitations, (II) lacks accuracy, relevance or currency or contains typing errors, (III) is intercepted, manipulated, infected, does not arrive at its destination (IV) is delayed, (V) causes loss of data or (VI) harms computer systems. All exclusions of liability shall apply regardless of the legal ground on which liability is based.
The provisions in these terms are made for the benefit of ONENINE and its past, present and future group companies, shareholders in ONENINE and their respective holding companies, persons having worked for, working for and going to work for ONENINE or any of its group companies (such as partners, advisors, employees, trainees, temps and freelancers and including third party suppliers and subcontractors).
The legal relationships to which these general conditions apply shall be governed by and construed in accordance with the laws of the Netherlands. Disputes shall be submitted to the competent court in 's-Hertogenbosch. Notwithstanding the above, ONENINE shall have the right to institute proceedings in any competent court in your jurisdiction.
Let me know if you want any further changes (e.g. extend the return period to 30 days, add Benelux delivery specifics, update court location, add your actual website URL/email, or create a Dutch-language version alongside this English one)! For the most up-to-date and legally robust version, I recommend cross-checking with the current Thuiswinkel.org model terms.