General terms and conditions of sales, delivery and payment of Fashion Brands Direct B.V. herinafter referred to as: "FBD"
Article 1. Definitions
In these general terms and conditions the following terms have the meaning given:
1.1 Customer: the natural person not acting in the context of his or her profession or business, who orders a product of FBD through the Website.
1.2 FBD: with offices and principal place of business in Amsterdam, Chamber of Commerce no. 66867592, visiting address: Gieterij 28, 2211XK Noordwijkerhout, The Netherlands.
1.3 Parties: FBD and the Customer jointly.
1.4 Product: a product offered for sale on the Website by FBD.
1.5 Order: an order placed by the Customer for one or more Products in accordance with the ordering procedure described in Article 3.
1.6 Purchase price: the price of a Product stated on the website (including VAT and shipping).
1.7 Agreement: an Order accepted by FBD.
1.8 Delivery: the time when the product is delivered at the delivery address specified by the Customer by a carrier designated by FBD.
1.9 Website: the website http://www.largentina.eu
Article 2. General/application
2.1 These general terms and conditions apply to all offers on the Website, the Orders placed through the Website and the Agreements concluded through the Website between FBD and the Customer, to the exclusion of any other terms and conditions.
2.2 Additions to and deviations from these general terms and conditions shall only be valid if they have been explicitly agreed by the Parties in writing.
2.3 If one (or more) article(s) of these general terms and conditions is/are declared invalid, it/they shall be replaced by (a) new, comparable provisions to be determined by FBD and the remaining provisions of the general terms and conditions shall remain in full force.
2.4 The general terms and conditions may be amended by FBD at any time. FBD will post the latest version of the general terms and conditions on its website. If the Customer is unable to consult the general terms and conditions through the Website, FBD will send the general terms and conditions to the Customer on request.
2.5 FBD may at all times subcontract the Agreement concluded with the Customer partly or in full to a third party or third parties.
Article 3. Offer/acceptance
3.1 By placing an order with FBD through the Website, which includes checking the appropriate field on the Website to “accept the terms and conditions,” the Customer confirms acceptance of the content of these general terms and conditions and the Agreement is formed. The privacy statement and disclaimer on the Website form part of the Agreement.
3.2 The ordering procedure is as follows. The Customer: (i) selects the desired Product and adds it to his/her shopping basket, (ii) enters his/her personal data, (iii) (if the delivery address is not identical to the specified address) enters the delivery address, (iv) selects one of the payment options on the Website, (v) checks his/her order, (vi) checks “I accept” for the general terms and conditions, (vii) pays the Purchase Price in advance.
3.3 The Customer receives a confirmation from FBD of the formation of the Agreement by e-mail. FBD will retain the Agreement for 1 year.
3.4 FBD reserves the right not to accept the order if (among others):
(i) the value of the Order, determined at the discretion of FBD, is an excessive amount (ii) the information entered by the Customer is incomplete, (iii) the delivery address is outside the Netherlands.
3.5 If FBD has not accepted the Order on the grounds described in Article 3.4, it will repay the Purchase Price paid by the Customer for the relevant Product into the account number specified by the Customer as soon as possible, but not later than within 30 days.
Article 4. Prices
4.1 The prices stated with the Products are in Euros and inclusive of VAT and other levies imposed by the authorities. Shipping costs are charged per Agreement.
4.2 The shipping costs passed on by FBD to the Customer amount € 0.00. The total Purchase Price is shown when the Order has been placed and the Agreement has been confirmed.
4.3 Promotional prices are only valid for a specific period and only while supplies last.
4.4 FBD explicitly reserves the right to modify its prices. The prices stated at the time when an Order is placed are the prices that form part of the Agreement.
4.5 FBD is not bound to price indications which are evidently incorrect, for example those of which the Customer ought to understand that they contain an apparent or typing error.
Article 5. Payment
5.1 Payment by the Customer to FBD shall take place in advance by selecting one of the payment options displayed on the Website.
Article 6. Delivery
6.1 The place of delivery is the address specified by the Customer for FBD. Delivery shall take place by a carrier designated by FBD.
6.2 After the Agreement is concluded, FBD will ship the Product to the address specified by the Customer as soon as possible but not later than fourteen days after FBD has received the Purchase Price in full, unless a longer delivery time has been agreed upon.
6.3 The delivery time stated by FBD shall never constitute a deadline. Late delivery shall not entitle the Customer to compensation. If the delivery is delayed or if an Order cannot or only partially be carried out, the Customer will be notified of this within 14 days after the formation of the Agreement. In that case the Customer is authorised to terminate the Agreement at no expense.
6.4 Products will only be shipped in the Schengen-countries.
Article 7. Retention of title, risk
7.1 The ownership of the Product delivered by FBD shall not be transferred to the Customer until the Customer has paid the Purchase Price to FBD and it has been received by FBD by means of transfer to its bank account.
7.2 The risk in respect of damage or loss of the Product shall pass to the Customer when the Product is delivered to the Customer.
Article 8. Intellectual property rights
8.1 All brands, signs, models, designs, logos, labels etc. displayed on the Product or otherwise related to the Product are the property of FBD or one or more of its affiliated companies, irrespective of whether they are protected by intellectual or industrial property rights or not. The Customer acknowledges the aforementioned property rights of FBD and shall not use these rights in any way and the Customer shall refrain from any conduct that could damage or otherwise adversely affect such rights.
Article 9. Right of revocation
9.1 The Customer may cancel the Agreement in writing without charge and without stating reasons for 14 days after the Product has been delivered. The written cancellation must be sent to the customer service of FBD (see Article 11.1 for contact data). The Customer shall return the Product by post to FBD: Fashion Brands Direct B.V. – Gieterij 28 – 2211XK Noordwijkerhout, The Netherlands.
9.2 After the Product has been received and inspected by FBD, the Purchase Price paid by the Customer for the Product will be repaid by means of a transfer to the account specified by the Customer as soon as possible but not later than within 30 days.
9.3 If not all the Products included in the Agreement are returned, FBD will be authorised to deduct the shipping costs from the Purchase Price to be repaid to the Customer if the Customer also owes shipping costs to FBD for the other Products which have not been returned.
9.4 FBD reserves the right to refuse a returned Product or to refund only part of the Purchase Price if it is suspected that the Product has been worn (fitting clothing is allowed), damaged and/or the packaging of the Product is no longer in its original and undamaged condition (if possible).
Article 10. Liability
10.1 FBD will not be liable to the Customer for any damage whatsoever, including any direct, indirect, consequential and incidental damage suffered by the Customer because of the Agreement, except where the provisions of Article 10.2 and/or Article 10.3 apply.
10.2 The liability of FBD due to an attributable failure in the fulfilment of the Agreement or for any other reason shall always be limited to compensation of the damage up to the amount of the Purchase Price of the Product.
10.3 The liability of FBD for damage due to death or personal injury is limited to an amount of € 2.500.000,- per claim or series of related events.
10.4 The exclusions and limitations referred to in Articles 10.1 to 10.3 (incl.) shall be cancelled if and insofar as the damage is the consequence of gross negligence or intention on the part of FBD.
Article 11. Complaints
11.1 Contact data of FBD Customer Service: firstname.lastname@example.org
11.2 The Customer must check if the Product complies with the Agreement immediately after receiving the Product. Any defects must be reported to FBD in writing, stating reasons, not later than within 7 days after delivery.
11.3 Complaints regarding the delivery or quality of the Product purchased by the Customer from FBD are handled by the Customer Service department of FBD.
11.4 Complaints received will be responded to within a period of 14 days after receipt. If the handling of a complaint is expected to take considerably longer, FBD will notify the Customer of this within 14 days, stating the time period within which the Customer may expect a response.
Article 12. Force majeure
12.1 If FBD is prevented from fulfilling its obligations arising from the Agreement because of circumstances not attributable to FBD, because they are not caused by FBD and are not for its account under the law, a legal act or generally accepted standards such as - but not limited to - war, threat of war, fire, transport problems, earthquake, strike, bankruptcy of the third parties engaged by FBD, a delay in the supply of products provided by third parties, FBD is authorised to perform the Agreement at a time to be further specified, or if compliance is no longer possible within a reasonable period, terminate the Agreement or part thereof.
12.2 FBD will not be liable to pay any compensation in circumstances such as those referred to in paragraph 1 of this Article.
Article 13: Conformity
13.1 FBD warrants that the Product complies with the Agreement.
13.2 The Customer acknowledges that minor deviations and/or deviations deemed permissible in trade or deviations that are technically difficult to avoid, in size, quality, finishing, colour etc. with regard to the Product cannot or hardly be avoided and do not constitute a valid reason to submit a complaint as referred to in Article 11.
13.3 The Customer also acknowledges that the fact that certain products have been removed from the range of products is not a valid reason to submit a complaint as referred to in Article 11.
13.4 FBD shall not be held liable for damage suffered by the Customer because of complaints as described in Articles 13.2 and 13.3.
Article 14. Applicable law/competent court
14.1 The agreement between FBD and the Customer is exclusively governed by Dutch law. The applicability of the Vienna Sales Convention and/or other international conventions regarding the sale of goods is explicitly excluded.
14.2 Disputes between FBD and the Customer shall exclusively be submitted to the competent court in Amsterdam.