Terms and Conditions

WorkwearOnline. Shop is a webshop of WomenswearOnline.nl/MenswearOnline.nl
 

General terms and conditions of delivery private individuals and companies
WomenswearOnline.nl/MenswearOnline.nl for delivery of services
(including the purchase and sale of workwear, sportswear, casual wear and accessories)

WomenswearOnline.nl/MenswearOnline.nl established and office holding in Oudkarspel, the Netherlands


General conditions


Toc:
Article 1-Definitions
Article 2-Identity of the entrepreneur
Article 3-Applicability
Article 4-The Offer
Article 5-The Agreement
Article 6-Right of withdrawal
Article 7-Costs in case of revocation
Article 8-exclusion of right of withdrawal
Article 9-The price
Article 10-Conformity and guarantee
Article 11-Delivery and implementation
Article 12-Duration transactions: Duration, termination and renewal
Article 13-Payment
Article 14-Complaints procedure
Article 15-Disputes
Article 16-supplementary or derogatory provisions


Article 1-Definitions
In these conditions, the following definitions apply:

  1. Periodof Reflection: the time limit within which the consumer may use his right to withdraw;
  2. Consumer: The natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
  3. Day: Calendar day;
  4. Duration Transaction: A distance contract with respect to a range of products and/or services, of which the delivery and/or purchase obligation is spread over time;
  5. Durablemedium: Any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that enables future consultation and unchanged reproduction of the stored information.
  6. Rightof withdrawal: the possibility for the consumer to refrain from the distance contract within the cooling-off period;
  7. Model Form: The model form for revocation that the entrepreneur makes available that a consumer can fill out when he wants to make use of his right of withdrawal.
  8. Entrepreneur: The natural or legal person who offers remote products and/or services to consumers;
  9. Distance contract: an agreement whereby in the context of a system organised by the entrepreneur for the distance selling of products and/or services, until the conclusion of the agreement, only one or more techniques for distance communication;
  10. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being simultaneously in the same room.
  11. General terms and Conditions: The present general terms and conditions of the entrepreneur.

 

Article 2-Identity of the entrepreneur
Womenswear-/MenswearOnline.nl
Dorpsstraat 914, 1724 RD Oudkarspel [N-H]
Telephone Number: + 31[0]226345622
E-mail address: [email protected] Shop
Chamber of Commerce number: 37133171
BTW-Identification number:  NL002095316B96


Article 3-Applicability

  1. These general terms and conditions apply to every offer of the entrepreneur and to any distance contract and orders between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are to be seen with the entrepreneur and they are sent at the request of the consumer as soon as possible free of charge.
  3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available by electronic way to the consumer In such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated where the general terms and conditions may be notified electronically and that, at the request of the consumer, they electronically or otherwise shall be forwarded free of charge.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting terms and conditions, the consumer may always The applicable provision which is most favourable to him.
  5. If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, then the agreement and these conditions remain in the remainder and the provision in question will be agreed by mutual agreement be replaced without delay by a provision which approximated as far as possible the scope of the original.
  6. Situations not governed by these general terms and conditions should be assessed ' in the spirit ' of these general terms and conditions.
  7. Ambiilities about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted ' in the spirit ' of these terms and conditions.



Article 4-The Offer

  1. If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to modify and amend the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
  4. All images, specifications data in the offer are indicative and may not lead to damages or dissolution of the agreement.
  5. Images for products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information, which is clear to the consumer what the rights and obligations are, which are connected with the acceptance of the offer. This concerns in
    particular:
    • The price including taxes;
    • Any costs of dispatch;
    • The way in which the agreement will be concluded and what actions are needed;
    • The application of the right of withdrawal;
    • The method of payment, delivery and execution of the Agreement;
  • The deadline for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
  • The level of the tariff for distance communication if the cost of using the distance communication technique is calculated on a basis other than the regular basic rate for the communication medium used;
  • Whether the agreement is archived after its conclusion and, if so, how it is to be consulted by the consumer;
  • The way in which the consumer can, before concluding the contract, check the information he has provided under the agreement and, if desired, restore it;
  • Any other languages in which, in addition to Dutch, the agreement may be concluded;
  • The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes electronically; And
  • The minimum duration of the distance contract in the event of an expensive transaction.
  • Optional: Available sizes, colors, type of materials.



Article 5-The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions laid down.
  2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer by electronic way. 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 concluded electronically, the entrepreneur will take appropriate technical and organisational measures to safeguard the electronic transmission of data and ensure a secure Web environment. If the consumer can pay electronically, the entrepreneur  will observe appropriate security measures.
  4. The entrepreneur can-within legal frameworks-inform himself whether the consumer can fulfil his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or request or to link the execution of special conditions.
  5. The entrepreneur will send to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  6. The visiting address of the establishment of the entrepreneur where the consumer can contact complaints;
  7. The conditions under which and the manner in which the consumer may use the right of withdrawal, or a clear notification of the exclusion of the right of withdrawal;
  8. The information on warranties and existing service after purchase;
  9. The data contained in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance of the Agreement;
  10. The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
  11. In the case of an expensive transaction, the provision in the preceding paragraph applies only to the first delivery.
  12. Each agreement is entered into under the suspensory conditions of sufficient availability of the products concerned.



Article 6-Right of withdrawal
When delivering products:

  1. When purchasing products, the consumer has the possibility to dissolve the agreement without giving any reason for 14 days. This period of reflection shall apply on the day after receipt of the product by the consumer or a representative designated by the consumer and published to the entrepreneur .
  2. During the cooling-off period the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to retain the product. If he makes use of his right of withdrawal, he will return the product with all the accessories supplied and-if reasonably possible-in the original condition and packaging to the entrepreneur, in accordance with the reasonable and Clear instructions.
  3. If the consumer wishes to make use of his right of withdrawal he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must do so by using the model form. After the consumer wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example by means of proof of dispatch.
  4. If, after the expiry of the deadlines set out in paragraphs 2 and 3, the customer has not made known that he wishes to use his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

In the provision of services:

  1. In the provision of services, the consumer has the possibility to dissolve the contract without giving any reason for at least 14 days, commencing on the day of entering into the agreement.
  2. In order to make use of his right of withdrawal, the consumer will be directed to the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest in the delivery.



Article 7-Costs in case of revocation

  1. If the consumer makes use of his right of withdrawal, the costs of returning the goods shall not exceed the cost of the return.
  2. If the consumer has paid an amount, the entrepreneur will reimburse this amount as soon as possible, but at the latest within 14 days after withdrawal. However, the condition is that the product has already been received back by the Webshopkeeper or conclusive proof of complete return can be consulted. Reimbursement will be made through the same  payment method used by the consumer unless the consumer expressly consents to another payment method.
  3. If the product is damaged by the consumer's improper handling, the consumer is liable for any impairment of the product.
  4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this should be done before the conclusion of the Contract.



Article 8-exclusion of right of withdrawal

  1. The entrepreneur may exclude the consumer's right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. Established by the entrepreneur in accordance with consumer specifications;
  4. which are clearly personal in nature;
  5. Which cannot be returned by their nature;
  6. Who can quickly spoil or age;
  7. The price of which is bound to fluctuations in the financial market on which the entrepreneur has no influence;
  8. For single newspapers and periodicals;
  9. For audio and video recordings and computer software of which the consumer has broken the seal.
  10. For hygienic products of which the consumer has broken the seal.
  11. Exclusion of the right of withdrawal is only possible for services:
  12. Concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a certain period;
  13. The delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
  14. on bets and lotteries.



Article 9-The price

  1. During the validity period mentioned in the offer, the prices of the offered products and/or services are not increased, subject to price changes due to changes in VAT rates.
  2. By way of derogation from the preceding paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any prices are indicative prices are indicated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
  5. These are the result of statutory regulations or provisions; Or
  6. The consumer has the power to claim the agreement from the day on which the price increase takes effect.
  7. The prices mentioned in the offer of products or services include VAT.
  8. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and misspelling. The entrepreneur is not obliged to deliver the product according to the erroneous price when printing and typing errors.



Article 10-Conformity and guarantee

  1. The entrepreneur ensuresthat the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the date of the establishment of the Existing legal provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be made in the original packaging and in mint condition.
  4. The warranty period of the entrepreneur corresponds to the factory guarantee term. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
  • The consumer has repaired and/or modified the delivered products themselves, or has been approved and/or edited by third parties;
  • The delivered products are subjected to abnormal conditions or are otherwise treated incarefully or contrary to the instructions of the entrepreneur and/or are treated on the packaging;
  • The inadequacy in whole or in part is the result of regulations that the Government has set or will make regarding the nature or quality of the materials applied.



Article 11-Delivery and implementation

  1. The entrepreneur will observe the utmost care when taking delivery and in the execution of orders of products and in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is mentioned in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or is only partially executed, the consumer will receive this notice no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract at no cost. The consumer is not entitled to compensation.
  4. All delivery terms are indicative. The consumer cannot derive any rights from any such deadlines. Exceeding a deadline does not give the consumer the right to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the trader shall reimburse the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement item available. At the latest, the delivery will be clearly and comprehendly communicated that a replacement item is delivered. For substitute items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative and announced to the entrepreneur, unless expressly agreed otherwise.



Article 12-Duration transactions: Duration, termination and renewal
Termination

  1. The consumer may terminate an agreement which has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity ) or services, at any time in accordance with the agreed Termination rules and a notice period of not more than one month.
  2. The consumer may terminate a contract which has been concluded for a certain period and which extends to the regular delivery of products (including electricity ) or services, at any time by the end of the specified duration with accordance with the agreed termination rules and a notice period of not more than one month.
  3. The consumer may:
  • Terminate at any time and not be limited to termination at a specified time or period;
  • At least terminate in the same way as they have been entered into by him;
  • Always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

  1. A contract which has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services shall not be tacitly renewed or renewed for a certain duration.
  2. By way of derogation from the preceding paragraph, a contract which has been concluded for a certain period and which extends to the regular delivery of day-news and weekly magazines and periodicals may be tacitly renewed for a certain duration of up to three Months, if the consumer can terminate this extended agreement by the end of the renewal with a notice period of not more than one month.
  3. An agreement which has been concluded for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of not more than One month and a notice period of not more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly magazines and periodicals.
  4. An agreement with limited duration until the regular delivery of daily, news and weekly magazines and periodicals (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the Trial or introductory period.

Duration

8. If an agreement has a duration of more than one year, the consumer May, after one year, terminate the agreement at any time with a notice period of not more than one month, unless the reasonableness and fairness are against termination before the end of the Agreed duration.



Article 13-Payment

  1. To the extent that it has not been agreed otherwise, the amounts owed by the consumer should be paid within 7 working days after the start of the cooling-off period referred to in article 6 (1). In the event of an agreement to provide a service, this period shall commence after the consumer has received the confirmation of the agreement.
  2. The consumer has a duty to report inaccuracies in the payment details provided or stated without delay to the entrepreneur.
  3. In the event of default of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.



Article 14-Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and treats the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly defined within 7 days to the entrepreneur, after the consumer has found the defects.
  3. Complaints lodged with the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
  5. For complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with Stichting Webwinkelkeur and at Klaughed which cannot be solved by mutual agreement, the consumer should turn to Stichting webwinkelkeur (webwinkelkeur.nl ), this will mediat free. Check if this webshop has a current membership through  https://www.webwinkelkeur.nl/leden/. Should there not yet be a solution, the consumer has the opportunity to have his complaint dealt with  by the Independent Disputes committee appointed by Stichting Webwinkelkeur, the ruling is Binding and both entrepreneur and consumer agree with this binding ruling.  Submitting a dispute to this disputes Committee shall be subject to any costs payable by the consumer to the relevant commission. It Is also possible to register complaints via the European ODR Platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates in writing otherwise.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge.



Article 15-Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. Even if the consumer is domiciled abroad.
  2. The Viennese Sale convention does not apply.



Article 16-supplementary or derogatory provisions
Any provisions derogating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be accessed by the consumer in an accessible manner. Stored on a durable data carrier.

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