Table of Contents:

Article   1 – Definitions

Article   2 – Identity of the entrepreneur

Article   3 – Applicability

Article   4 – The offer

Article   5 – The agreement

Article   6 – Revocation right

Article   7 – Costs in the event of revocation

Article   8 – Exclusion revocation right

Article   9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and execution

Article 12 – Payment

Article 13 – Retention of title

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these conditions, the following is meant to be understood as follows:

  1. Time for reflection: the period in which the consumer can make use of the revocation right;
  2. Consumer: the natural person who is not acting in the course of a profession or business and concludes a distance agreement with the entrepreneur;
  3. Day: calendar day;
  4. Continuing performance contract: a distance agreement pertaining to a series of products and/or services, of which the delivery and/or purchase obligation is spread out over time;
  5. Durable data carrier: each resource that allows the consumer or entrepreneur to save information addressed to them personally in a manner which allow future consultation and unchanged reproduction of the saved information possible.
  6. Revocation right: the possibility for the consumer to back out of the distance agreement within the revocation right;
  7. Model form: the model form for revocation which the entrepreneur makes available which a consumer can fill in if wanting to make use of the revocation right.
  8. Entrepreneur: the natural person or legal entity who offers products and/or services remotely to consumers, see for identity entrepreneur art. 2.0;
  9. Distance Agreement: an agreement for which one or more techniques for distance communication are solely utilized in the context of a system organised by the entrepreneur for remote sales of products and/or services, up to and including the conclusion of the agreement.
  10. Technology for remote communication: resource which can be used to conclude an agreement, without consumer and entrepreneur coming together in the same space at the time.
  11. Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Style by Birgit h/o Empress of Heels

Lageweg 18

6621BS Dreumel

Email address: contact@empressofheels.com

Ch. of Comm. number: 72632453

VAT identification number: NL001951545B55

Article 3 – Applicability

  1. These terms and conditions apply to each offer of the entrepreneur and each formed distance agreement and orders between entrepreneur and consumer.
  2. Before the distance agreement is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, it will be noted before the distance agreement is concluded, that the terms and conditions can be read at the entrepreneur and sent free of charge to the consumer as soon as possible upon request of the consumer.
  3. If the distance agreement is concluded electronically, then, in deviation of the previous paragraph and before the distance agreement is concluded, the text of these terms and conditions can be made available to the consumer electronically in such a way that it can be saved on a durable data carrier by the consumer in a simple manner. If this is not reasonably possible, then it will be indicated, before the distance agreement is concluded, where the terms and conditions can be taken note of electronically and that they will be sent free of charge electronically or by other means upon request of the consumer.
  4. In the event that specific product or service conditions also apply in addition to these terms and conditions, the second and third paragraph applies accordingly and the consumer can always invoke the applicable provision which is most favourable for the consumer in the event of conflicting terms and conditions.
  5. If one or more provisions in these terms and conditions is at any time in whole or in part void or voidable, then the agreement and these conditions remain otherwise in effect and the provision in question will be immediately replaced in joint consultation by a provision which approaches the purport of the original as much as possible.
  6. Situations which are not provided for in these terms and conditions need to be assessed ‘according to the spirit’ of these terms and conditions.
  7. Lack of clarity about the explanation or content of one or more provisions of our conditions need to be explained ‘according to the spirit’ of these terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or takes place subject to conditions, this is expressly specified in the offer.
  2. The offer is free of obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer comprises a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to make a proper assessment of the offer by the consumer possible. If the entrepreneur makes use of images, then these are a truthful representation of the offered products and/or services. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
  4. All images, specifications and information in the offer are an indication and may not give reason to damages or dissolution of the agreement.
  5. Images with products are a faithful representation of the offered products. Entrepreneur cannot guarantee that the shown colours correspond exactly to the real colours of the products.
  6. Each offer comprises such information, that it is clear for the consumer what the rights and obligations are, which are connected to the acceptance of the offer. This concerns in particular:

         the price including taxes;

         any costs of dispatch;

         the method in which the agreement is formed and which actions are required for it;

         whether or not the revocation right is applicable;

         the method of payment, delivery and execution of the agreement;

         the period for acceptance of the offer, or the period in which the entrepreneur guarantees the price;

         the amount of the rate for distance communication if the costs of the use of the technology for distance communication is calculated at a different basis than the regular basic rate for the used means of communication;

         whether the agreement is archived after the formation, and if so, in what way it can be consulted for the consumer;

         the way in which the consumer, before concluding the agreement, can check the information provided by hm in the context of the agreement and, if desired, correct it;

         any other languages in which the agreement can be concluded, in addition to Dutch;

         the codes of conduct to which the entrepreneur is subjected and the way in which the consumer can consult these codes of conduct electronically; and

         the minimum duration of the distance agreement in the event of a continuing performance contract.

Article 5 – The agreement

  1. The agreement is formed, subject to what is stipulated in paragraph 4, at the time of acceptance by the consumer of the offer and complying to the conditions set for it.
  2. If the consumer has accepted the offer electronically, the entrepreneur immediately electronically confirms the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is formed electronically, the entrepreneur takes suitable technical and organisational measures to protect the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe suitable security measures for it.
  4. The entrepreneur can – within legal frameworks – inform themselves whether the consumer can pay the payment obligations, as well as all those facts and factors which are of importance for entering into the distance agreement responsibly. If the entrepreneur does not have good grounds to not conclude the agreement pursuant to this investigation, he is entitled to refuse an order or request supported by reasons or to attach special conditions to the execution.
  5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be saved by the consumer in an accessible manner on a durable data carrier:
  6. the address for visitors of the business location of the entrepreneur where the consumer can go with complaints;
  7. the conditions subject to which and the way in which the consumer can make use of the revocation right, or a clear notification pertaining to being excluded of the revocation right;
  8. the information about guarantees and existing service after purchase;
  9. the information set out in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
  10. the requirements for notice of termination of the agreement if the agreement has a duration of more than one year or is of an open-ended duration.
  11. In the event of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
  12. Each agreement is concluded subject to the suspensive conditions of sufficient availability of the products in question.

Article 6 – Revocation right

  1. For the purchase of products, the consumer has the possibility to dissolve the agreement without giving reasons for a duration of 14 days. This time for reflection enters into effect on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and made known to the entrepreneur.
  2. During the time for reflection the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the degree or extent necessary in order to be able to assess if he wants to keep the product. If he wants to make use of his revocation right, he will return the product with all delivered appurtenances and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wants to make use of the revocation right, he is obligated to disclose this to the entrepreneur within 7 calendar days after receiving the product. The consumer is required to do so by using the model form. After the consumer has disclosed to want to make use of the revocation right, the customer is required to return the product within 7 days. The consumer needs to prove that the delivered things are sent back in a timely manner, for example by means of evidence of dispatch.
  4. If the customer has not disclosed to want to make use of the revocation right resp. has not sent back the product to the entrepreneur after the end of the periods specified in paragraph 2 and 3, the purchase is a fact.
  5. Sale items, jewellery, perfume and swimwear is not allowed to be returned.

Article 7 – Costs in the event of revocation

  1. If the consumer makes use of the revocation right, no more than the costs of sending it back will be borne by him.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 7 days after revocation. For this there is the condition that the product already needs to have been received back by the online retailer or conclusive evidence of complete return can be submitted. 

Article 8 – Exclusion revocation right

  1. The entrepreneur can rule out the revocation right of the consumer for products as set out in paragraphs 8.2 and 8.33. The exclusion of the revocation right only applies if the entrepreneur has noted this clearly in the offer, that is in a timely manner before concluding the agreement.
  2. Exclusion of the revocation right is only possible for products:
  3. which are formed by the entrepreneur in accordance with specifications of the consumer;
  4. which are clearly personal in nature;
  5. which cannot be returned due to their nature;
  6. which can spoil or age quickly;
  7. of which the price is bound to fluctuations on the financial market which the entrepreneur has no influence on;
  8. for loose newspapers and magazines;
  9. for audio and video recordings and computer software of which the consumer has broken the seal;
  10. for hygiene products of which the consumer has broken the seal.
  11. Exclusion of the revocation right is only possible for services:
  12. concerning lodging, transport, restaurant services or leisure activities to be performed at a certain date or during a certain period;
  13. of which the delivery has begun with express permission of the consumer before the time for reflection has lapsed;
  14. pertaining to matches and lotteries.

Article 9 – The price

  1. During the period of validity referred to in the offer, the prices of the offered products and/or services are not increased, except for price changes as a result of changes in VAT rates.
  2. In deviation of the previous paragraph, the entrepreneur can offer products or services of which the prices are bound to fluctuations on the financial market and which the entrepreneur has no influence on, with variable prices. This binding force to fluctuations and the fact that any referred prices are guide prices, are specified with the offer.
  3. Price increases within 3 months after the formation of the agreement are only allowed if they are the result of statutory schemes or provisions.
  4. Price increases starting from 3 months after the formation of the agreement are only allowed if the entrepreneur has stipulated this and:
  5. this is the consequence of statutory schemes or provisions; or
  6. the consumer has the competence to give notice of termination of the agreement with as effective date the day that the price increase enters into effect.
  7. The prices specified in the offer of products or services are including VAT.
  8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. The entrepreneur is not obligated to deliver the product according to the erroneous price in the event of printing and typesetting errors.

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply to the agreement, the specifications referred to in the offer, to the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations at the date of the formation of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal.
  2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims which the consumer may assert pursuant to the agreement against the entrepreneur.
  3. Any defects or incorrectly delivered products need to be reported in writing within 14 days after delivery to the entrepreneur. Return of the products needs to take place in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds with the manufacturer’s warranty term. However, the entrepreneur is never responsible for the eventual suitability of the products for each individual application by the consumer, nor for any advice pertaining to the use or the application of the products.
  5. The warranty does not apply if:

         The consumer has repaired the delivered products on his own and/or adapted it or has had third parties repaired it and/or adapted it;

         The delivered products were exposed to abnormal circumstances or otherwise carelessly handled or handled in violation to the instructions of the entrepreneur and/or the packaging;

         The faultiness is in whole or in part the result of regulation which the government has or will set pertaining to the nature or the quality of the applied materials.

Article 11 – Delivery and execution

  1. The entrepreneur will observe the utmost possible care when receiving and executing orders of products and for the assessment of requesting the provision of services.
  2. The address that the consumer has disclosed to the company applies as location of delivery.
  3. With due observance of what is specified about this in article 4 of these terms and conditions, the company will execute accepted orders with appropriate haste, but certainly within 30 days, unless consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be carried out or only partially, then the consumer receives a notification of this no later than 30 days after the order is placed. In that case, the consumer has the right to dissolve the agreement, free of charge, and a right to damages, if applicable.
  4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer paid as soon as possible, but no later than within 14 days after dissolution.
  5. If delivery of an ordered product appears to be impossible, the entrepreneur will make an effort to make a replacement article available. No later than at the time of the delivery, it will be noted in a clear and understandable manner that a replacement article is delivered. The revocation right cannot be ruled out for replacement articles. The costs of any return dispatch are at the expense of the entrepreneur.
  6. The risk of damage and/or loss of products is borne by the entrepreneur up to the moment of delivery to the consumer or a previously designated and to the entrepreneur disclosed representative, unless expressly agreed upon otherwise.

Article 12 – Payment

  1. To the extent not agreed upon otherwise, the amounts owed by the consumer need to be paid within 7 working days after the time for reflection enters into effect as referred to in article 6 paragraph 1. In the event of an agreement to render a service, this period commences after the consumer has received the confirmation of the agreement.
  2. The consumer has the obligation to immediately report inaccuracies in provided or specified payment information to the entrepreneur.
  3. In the event of default of payment of the consumer, the entrepreneur has the right, except for legal limitations, to charge the reasonable costs disclosed in advance to the consumer.

Article 13 – Retention of title

All things delivered by Style by Birgit remain the property of Style by Birgit up to the moment that purchaser has fully complied with all payment obligations towards Style by Birgit pursuant to any agreement concluded with Style by Birgit to deliver things or to perform work activities or services, which includes receivables pertaining to the failure in the performance of such an agreement.

 Article 14 – Complaints procedure

  1. The entrepreneur possesses a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement have to be submitted fully and clearly described within 7 days with the entrepreneur, after the consumer has observed the defects.
  3. Complaints submitted to the entrepreneur are answered within a period of 14 days counting from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur answers with a message of receipt within the period of 14 days and provides an indication when the consumer can expect a more comprehensive answer.
  4. If the complaint cannot be solved in joint consultation, a dispute arises which qualifies for the dispute regulation.
  5. For complaints which cannot be solved in joint consultation, the consumer should turn to foundation WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. If a solution has not been found yet at that time, the consumer has the possibility to have foundation GeschilOnline handle the complaint, its decision is binding and both entrepreneur and consumer agree to this binding decision. There are costs related to submitting a dispute to this disputes committee which need to be paid by the consumer to the committee in question.
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur specifies otherwise in writing.
  7. If a complaint is considered to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products, free of charge.

Article 15 – Disputes

  1. The Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these terms and conditions relate to. Also if the consumer is residing abroad.
  2. The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 – Liability and indemnification

  1. Entrepreneur is solely liable towards Consumer for damage and loss which is the direct consequence of a (connected series of) attributable breach(es) in the performance of the Agreement.
  2. Entrepreneur is solely liable for direct damage and loss. This is solely meant to be understood as the reasonable costs to ascertain the cause and extent of the damage and loss, to the extent that ascertaining relates to damage and loss as referred to in these terms and conditions, any reasonable costs incurred to have the defective performance of Entrepreneur comply to the Agreement and reasonable costs, incurred to prevent or limit damage and loss, to the extent that consumer demonstrates that these costs have resulted in limitation of direct damage and loss as referred to in these terms and conditions. Entrepreneur is not liable for indirect damage and loss with consumer or third parties, which includes consequential damage, lost profit, missed savings and damage and loss because of stagnation.
  3. Entrepreneur is not liable for damage or loss caused to Consumer or third parties as a result of actions or omissions of auxiliary persons hired by Entrepreneur (not including employees of Contractor), also if these are working with an organisation connected to Entrepreneur.
  4. The liability of entrepreneur is limited to the amount which is paid out according to the liability insurer of entrepreneur for the case in question, plus any excess to be paid by entrepreneur pursuant to the insurance. If, for any reason whatsoever, the liability insurer does not proceed to payment, the liability of Contractor is limited to no more than twice the invoice amount.
  5. Entrepreneur has the right at all times, if and to the extent possible, to undo the damage and loss of consumer or to limit it by repair or improvement of the defect product.

Article 17 – Additional or deviating provisions

Additional provisions or provisions deviating from these terms and conditions cannot be to the detriment of the consumer and need to be set out in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.