1.1 These general terms and conditions apply to all offers from Mons Fashion Boutique.
The conditions are accessible to everyone and included on the internet site www.monsfashionboutique.com. Upon request, we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Mons Fashion Boutique reserves the right to change its delivery and / or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Mons Fashion Boutique.
1.4 Mons Fashion Boutique guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 Under the rules of the law on distance selling, Mons Fashion Boutique will execute orders at least within 30 days.
If this is not possible (because the order is not in stock or no longer available), there is a delay for other reasons or an order can not be fulfilled or only partially executed, the consumer will receive notification within 1 month after placing the order. and in that case he has the right to cancel the order without costs and notice of default.
2.3 The place of delivery is the address that the consumer has made known to the company.
2.4 Mons Fashion Boutique's obligation to deliver will be fulfilled, subject to proof to the contrary, once the goods delivered by Mons Fashion Boutique have been offered to the customer once. In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer.
2.5 All terms mentioned on the internet site are indicative. No rights can therefore be derived from the aforementioned terms.
3.1 Prices are not increased within the duration of the offer, unless statutory measures make this necessary or the manufacturer makes interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in Euros and include 21% VAT.
4. Visibility period / right of withdrawal
4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (Section 7: 5 Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 days without giving any reason. This period starts at the moment that the ordered items are delivered. If the customer has not returned the delivered goods to Mons Fashion Boutique after this period, the purchase is a fact. The customer is obliged, before proceeding to return, within the period of 14 days after delivery in writing to notify Mons Fashion Boutique. The customer must prove that the delivered goods have been returned on time, for example by means of proof of mail delivery. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in a new condition. If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph will lapse. With due observance of what has been stipulated in the previous sentence, Mons Fashion Boutique ensures that within 7 working days after the receipt of the return shipment, the full purchase price will be refunded to the customer, excluding shipping costs. The return of the delivered goods is entirely at the expense and risk of the buyer. With due observance of what has been stipulated in the previous sentence, Mons Fashion Boutique ensures that within 7 working days after the receipt of the return shipment, the full purchase price will be refunded to the customer, excluding shipping costs. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.3 The right of withdrawal does not apply to: - Services whose execution, with the consent of the consumer, has begun for the period of seven working days. - Goods or services whose price is subject to fluctuations on the financial market, on which the supplier has no influence. - Goods manufactured according to the consumer's specifications, for example made-to-measure, or which have a clearly personal character. - For goods or services which by their nature can not be returned, for example due to hygiene or which can quickly spoil or age. - Audio and video recordings and computer software of which the consumer has broken the seal. - The delivery of newspapers and magazines; for the services of betting and lotteries.
4.4 If the consumer makes use of his right of withdrawal, the costs for return shipment will be charged to the consumer.
5. Data management
5.2 Mons Fashion Boutique respects the privacy of the users of the internet site and ensures confidentiality of your personal data.
5.3 Mons Fashion Boutique uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6.1 Mons Fashion Boutique guarantees that the products delivered by it meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and is therefore responsible for the factory guarantee of the product delivered to you.
6.2 The warranty period of Mons Fashion Boutique corresponds to the manufacturer's warranty period. However, Mons Fashion Boutique is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return to Mons Fashion Boutique) must immediately report these defects in writing to Mons Fashion Boutique. The customer must report a manufacturing defect or any type of defect to us by email immediately upon receiving the package within 24 hours. Any defects or incorrectly delivered goods must and be reported to Mons Fashion Boutique. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in a new condition. Commissioning after detection of failure, damage arising after detection of defect, encumbrance and / or resale after detection of defect, does this right to complain and return completely invalid.
6.4 If complaints from the customer are found to be well-founded by Mons Fashion Boutique, Mons Fashion Boutique will, at its option or the delivered items, replace it free of charge or make a written arrangement regarding the compensation with the customer, on the understanding that the liability of Mons Fashion Boutique and therefore the amount the compensation is always limited to a maximum of the invoice amount of the goods concerned, or (at Mons Fashion Boutique's discretion) up to the maximum amount covered by Mons Fashion Boutique's liability insurance in the relevant case. Any liability of Mons Fashion Boutique for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profits.
6.5 Mons Fashion Boutique is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
6.6 This warranty does not apply if: A) and as long as the customer is in default towards Mons Fashion Boutique; B) the customer has repaired the delivered goods himself and / or processed or has third parties repaired and / or edited. C) the delivered goods have been exposed to abnormal circumstances or otherwise careless handling or contrary to the instructions of Mons Fashion Boutique and / or instructions on the package have been treated; D) the inadequacy wholly or partially is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Mons Fashion Boutique reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal commitments bind Mons Fashion Boutique only after they have been expressly confirmed in writing.
7.4 Offers from Mons Fashion Boutique do not automatically apply to repeat orders.
7.5 Mons Fashion Boutique can not be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8.1 An agreement between Mons Fashion Boutique and a customer is established after an order order has been assessed by Mons Fashion Boutique for feasibility.
8.2 Mons Fashion Boutique reserves the right to refuse orders or orders without giving reasons or to accept them exclusively on the condition that the shipment is made cash on delivery or after payment in advance.
8.3 Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after delivery of the goods.
9. Images and specifications
9.1 All images; photographs, drawings etc .; eg data concerning weights, dimensions, colors, images of labels, etc. on the internet site of Mons Fashion Boutique are only approximate, are indicative and can not lead to damages or dissolution of the agreement.
10. Force Majeure
10.1 Mons Fashion Boutique is not liable, if and to the extent that its obligations can not be fulfilled due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delay or default by our suppliers, disruptions in the Internet, faults in the electricity, malfunctions in e-mail traffic and malfunctions or changes in technology provided by third parties, transport problems, strikes, government measures, delays in the supply, negligence of suppliers and / or manufacturers of as well as auxiliary persons, sickness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 In the event of force majeure, Mons Fashion Boutique reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is Mons Fashion boutique liable to pay any penalty or compensation.
10.4 If Mons Fashion boutique has already partially fulfilled its obligations on the occurrence of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it were concerned. It is a separate contract. This does not apply, however, if the already delivered or deliverable part has no independent value.
11.1 Mons Fashion Boutique is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and / or consult our website.
12. Retention of
title 12.1 Ownership of all goods sold and delivered by Mons Fashion Boutique to the customer remains with Mons Fashion Boutique as long as the customer has not fulfilled Mons Fashion Boutique's claims under the agreement or earlier or later similar agreements, as long as the customer has work still to be performed from these or similar agreements has not yet been paid and as long as the customer has not yet paid the claims of Mons Fashion Boutique due to shortcomings in the fulfillment of such commitments, including claims in respect of fines, interest and costs, other as referred to in Section 3:92 of the Dutch Civil Code.
12.2 The goods delivered by Mons Fashion Boutique which fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge the goods falling under the retention of title or encumber them in any other way.
12.4 The customer now unconditionally and irrevocably authorizes Mons Fashion Boutique or a third party to be appointed by Mons Fashion Boutique to enter all those places where its properties will be located and in all cases in which Mons Fashion Boutique wishes to exercise its property rights and to take them there.
12.5 If third parties seize the goods delivered under retention of title or want to establish or assert rights thereon, the customer is obliged to notify Mons Fashion Boutique of this as soon as can reasonably be expected.
12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available on first request to Mons Fashion Boutique.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes resulting from an agreement between Mons Fashion Boutique and buyer, which can not be resolved by mutual agreement, shall be made by the competent court within the district of Amsterdam, unless Mons Fashion Boutique prefers the difference to the competent court of the place of residence of the buyer, and with the exception of those disputes that belong to the jurisdiction of the subdistrict court.