Article 1. Application
1.1 These General Terms apply to all offers made by Rejoy Fashion and all agreements with Rejoy Fashion as far as parties have not explicitly agreed in written statement that these General Terms do not apply.
1.2 Customers who wish to use their own terms and conditions must have Rejoy Fashion’s explicit agreement in writing.
1.3 Deviations of the General Terms are only applicable if these have been agreed upon in a written statement in which case all other articles of these General Terms remain applicable without change.
1.4 When accepting an offer or placing an order the Customer accepts the applicability of these General Terms.
1.5 A Customer is defined as each visitor to the website or any person or legal entity having a contractual relation or intending to having a contractual relation with Rejoy Fashion.
1.6 Rejoy Fashion is entitled to update or append to these General Terms over time.
1.7 By using Rejoy Fashions internet site and/or placing an order the Customer accepts these General Terms as well as all other legal rights and obligations as printed on the internet site.
1.8 Rejoy Fashion is authorized to make use of intermediaries and other third parties while executing the agreement with a Customer. In such cases these General Terms are applicable as well without change.
Article 2 Offers/agreements
2.1 All offers made by Rejoy Fashion are without obligation and as far as items are in stock.
2.2 Rejoy Fashion explicitly has the right to update prices, in particular when this is required by law/legal.
2.3 An agreement is reached when an order confirmation has been sent to the Customer based on the Customers order information via email to the email address as supplied by the Customer. The Customer and Rejoy Fashion agree explicitly that using electronic means of communication results in a valid agreement as soon as the order confirmation has been sent to the Customer. Rejoy Fashions electronic archives are considered legally acceptable valid evidence or indication of evidence.
2.4 Information, graphics, images, oral announcements, given by telephone or via email as well as statements etcetera with regards to all offers and the most important characteristics of products are displayed or made in the most accurate manner. However, Rejoy Fashion does not guarantee that all offers and products comply to the given information etcetera completely. Deviations in principle cannot lead to compensation and/or cancellation.
Article 3 Prices and payments
3.1 All prices quoted by Rejoy Fashion are in Euros, excluding VAT and shipment costs and administration fees, unless explicitly stated otherwise or agreed upon in a written statement.
3.2 Shipment costs are listed on the internet site. These costs are dependent on the value of the order measure of payment and the requested shipping method.
3.3 Rejoy Fashion offers the Customer the opportunity to insure goods to be shipped. The insurance costs are charged to the Customer.
3.4 Special offers are only valid during the period quoted on the internet site with respect to that specific offer.
3.5 Rejoy Fashion cannot be held responsible for offers which contain what a reasonable person would consider obvious mistakes or typographical errors.
3.6 Special Offers do not automatically apply to repeat orders.
3.7 The amount due on orders may be paid in one of the following ways:
- Bank transfer in advance
Customer pays the amount as written on our confirmation email or invoice. This value includes shipping costs. Payment must be done in advance to our bank account
IBAN NL98ABNA0414217411 in the name of Rejoy Fashion in Ommen, the Netherlands. The BIC code of the ABN-AMRO Bank is ABNANL2A.
Agreements for which any due payment has not been received by Rejoy Fashion after ten days of the initial order date, will automatically be cancelled.
International Shipping rates with UPS or TNT Post
http://www.rejoyfashion.nl/verzending.htm
Article 4 Delivery
4.1 Rejoy Fashion holds most items in stock. Orders are usually shipped within three working days upon receiving the complete payment. Cash on delivery orders are usually shipped within three working days upon receiving the order. The aforementioned shipping period is strictly indicative and is not guaranteed. If this shipping period is exceeded, the Customer is not entitled to any claim for compensation nor does the Customer have the right to cancel the agreement in such case, unless the delay is of such duration that the Customer could reasonably not be expected to keep the agreement. In such cases the Customer is entitled to cancel the order or dissolve the agreement as far as this is necessary. Amounts that have been prepaid to Rejoy Fashion with regards to the cancelled order will be returned.
4.2 If the Customer orders an item that is temporarily out of stock, Rejoy Fashion will indicate when the specific item will become available. Delays will be reported to the Customer via email or phone.
4.3 The order is shipped to the shipping address as supplied by the Customer when the agreement is completed.
Article 5 Ownership
5.1 The ownership of products is passed, to the Customer when they have fulfilled their obligations with regard to the agreement. The risk with regard to the products is passed to the Customer at the moment Rejoy Fashion places the products at the disposal of the delivering party. Rejoy Fashion offers the facility to ship the goods insured. The insurance costs will be charged to the Customer. Any return shipments to Rejoy Fashion is at the risk and costs of the Customer and must be accompanied by a written statement explaining the reasons of the return.
Article 6 Return of products
6.1 The Customer is obliged to thoroughly check upon delivery whether the products meet the agreement. The Customer must take into account small size and colour differences of the products compared to those displayed on the internet site. If a product does not satisfy the agreement, the Customer must inform Rejoy Fashion in writing as soon as possible, but in any case within seven (7) working days after delivery, or as soon as checking could reasonably be performed.
6.2 If it is evident products do not meet the agreement, Rejoy Fashion has the option to replace the specific products upon their receipt by new products or return the invoiced value of the returned products.
6.3 If the Customer does not wish to keep a product for any reason, the Customer is entitled to return the product to Rejoy Fashion within seven (7) days after delivery took place. In this case return shipments are only accepted if the products are not damaged or used.
6.4 If the Customer uses his/her right to return articles as mentioned in the above paragraph, Rejoy Fashion will repay the amount the Customer paid to Rejoy Fashion within fourteen (14) days after receiving the return shipment.
6.5 The Customer is responsible for the costs of the shipment and holds the risk of returning products until Rejoy Fashion has received them.
Article 7 Guarantee and liability
7.1 Rejoy Fashion can never be obliged to pay any compensation to the Customer or third party, unless it is a question of malice or major fault on Rejoy Fashion’s part. Rejoy Fashion may never be held responsible for collateral damage, damage to business, indirect damage and loss of profit or turnover.
7.2 If Rejoy Fashion is obliged for any reason to make good any damage the compensation is never more than the amount on the invoice for the product or service that caused the damage.
7.3 On its internet site Rejoy Fashion offers links to other internet sites that may be interesting or informative for its visitors. These links are purely informative. Rejoy Fashion is not responsible for the contents of the referenced internet site or the use of it.
Article 8 Force majeure
8.1 In case of force majeure Rejoy Fashion is not obliged to honour its obligations to the Customer or the obligation is held up for as long as the force majeure lasts.
8.2 Force majeure is any circumstance Rejoy Fashion has no control over, preventing Rejoy Fashion from honouring its obligations towards the Customer fully or partially. These circumstances include strike, fire, business disturbance, energy supply faults, non-delivery or not-in-time delivery by suppliers or other called in third parties and the absence of any government issued license. Disturbances in a (telecommunication) network or used communication systems as well as the unavailability of the internet site at any time are also understood by Force majeure.
Article 9 Intellectual property
9.1 The Customer recognizes explicitly that all right of intellectual property of the reported information, graphics, announcements or other expressions regarding the products, the inspiration and the internet site in general are vested in Rejoy Fashion, its suppliers or other rightful claimants.
9.2 Intellectual property includes patents, copyright, trademarks, graphical and modeling rights and other (intellectual property) rights, including technical and/or commercial know how, methods and design, both charterable and not charterable.
9.3 It is prohibited to use, including making adaptations, intellectual property rights as described in this article, such as duplication, without the explicit preceding written permission of Rejoy Fashion, her suppliers or other rightful claimants, unless the use is purely personal in relation to the product itself.
Article 10 Privacy
10.1 All data provided by the Customer, is strictly confidential and will be used for processing orders correctly.
10.2 Rejoy Fashion observes the applicable privacy rules and laws.
10.3 Rejoy Fashion does not provide customer data to third parties.
10.4 Rejoy Fashion will send occasionally a newsletter facilitating offers and providing relevant business information. It is possible to unsubscribe to this newsletter
Article 11 Applicable law en competent court
11.1 Dutch law is exclusively applicable to all rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply as well as these General Conditions and Terms.
11.2 The applicability of The United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly disqualified.
11.3 All disputes between parties will be exclusively propounded to the competent court in the Netherlands.
Article 12 Various
12.1 Rejoy Fashion has its seat at Patrijsstraat 11, 7731 ZL, Ommen, The Netherlands and is registered at the Chamber of Commerce Zwolle, registration number 05074985. The VAT-identification number NL 813019989B01
12.2 All correspondence should be addressed to Rejoy Fashion, Patrijsstraat 11, 7731 ZL, Ommen, The Netherlands or to the email address on the internet site.
12.3 When Rejoy Fashion has permitted departures for a short or longer period of time, tacitly or not, it does not affect its right to require direct and strict fulfilment of these General Terms and Conditions. The Customer does not have any claim based on the fact Rejoy Fashion has flexibly applied these General Terms and Conditions. |
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