Terms and Conditions

La Femme Amsterdam

Email: info@lafemme.amsterdam

Website: www.lafemme.amsterdam

Definitions

1. La Femme Amsterdam: La Femme Amsterdam, established in Amstelveen under Chamber of Commerce number 70034923.

2. Customer: the person with whom La Femme Amsterdam has entered into an agreement.

3. Parties: La Femme Amsterdam and the customer together.

4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of La Femme Amsterdam.

2. Parties can only deviate from these conditions if they have expressly agreed to this in writing.

3. The parties exclude the applicability of additional and/or deviating general terms and conditions of the customer or of

   expressly excludes third parties.

Offers and quotations

1. Offers and quotations from La Femme Amsterdam are without obligation, unless expressly stated otherwise.

2. An offer or quotation is valid for a maximum of 2 weeks, unless a different acceptance period is stated in the offer or quotation

   is mentioned.

3. If the customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.

4. Offers and quotations do not apply to repeat orders, unless the parties expressly agree to this in writing

   agreed.

Acceptance

1. If a non-binding quotation or offer is accepted, La Femme Amsterdam reserves the right to withdraw the quotation or offer within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.

2. Oral acceptance by the customer only binds La Femme Amsterdam after the customer has confirmed this in writing (or electronically).

Prices

1. All prices charged by La Femme Amsterdam are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.

2. La Femme Amsterdam may change all prices that La Femme Amsterdam charges for its products, on its website or otherwise announced, at any time.

3. Increases in the cost prices of products or parts thereof, which La Femme Amsterdam could not have foreseen at the time of making the offer or concluding the agreement, may give rise to price increases.

4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.

Samples and models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

Payments and payment term

1. La Femme Amsterdam may make a down payment of up to 50% of the agreed amount when entering into the agreement

1. La Femme Amsterdam may require a down payment of up to 50% of the agreed amount when entering into the agreement.

2. The customer must make subsequent payments within 14 days after delivery.

3. Payment terms are considered strict payment terms. This means that if the customer

   agreed amount has not been paid no later than the last day of the payment term, he is legally in default and in default, without La Femme Amsterdam having to send the customer a reminder or give notice of default.

4. La Femme Amsterdam reserves the right to make delivery dependent on immediate payment or to require security for the total amount of the services or products.

Consequences of not paying on time

1. If the customer does not pay within the agreed period, La Femme Amsterdam is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day that the customer is in default, whereby part of a month counts for a whole month. month is calculated.

2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to La Femme Amsterdam.

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, La Femme Amsterdam may suspend its obligations until the customer arrives

   has fulfilled its payment obligation.

5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims are

   from La Femme Amsterdam to the customer immediately due and payable.

6. If the customer refuses to cooperate in the execution of the agreement by La Femme Amsterdam, he is

   still obliged to pay the agreed price to La Femme Amsterdam.

Right of advertising

1. As soon as the customer is in default, La Femme Amsterdam is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

2. La Femme Amsterdam invokes the right of complaint by means of a written or electronic communication.

3. As soon as the customer has been informed of the invoked right of recovery, the customer must return the products where this is required

   right to immediately return it to La Femme Amsterdam, unless the parties agree otherwise

   make appointments.

4. The costs for retrieving or returning the products will be borne by the customer.

Right of withdrawal

1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

   the product has not been used
   it is not a product that can spoil quickly, such as food or flowers
   it is not a product that has been tailor-made or adapted especially for the consumer
   it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
   the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
   the product is not a separate magazine or newspaper
   the consumer has not waived his right of withdrawal

2. The reflection period of 14 days as referred to in paragraph 1 starts:
   on the day after the consumer has received the last product or part of 1 order as soon as the consumer has confirmed that he will purchase digital content via the internet

3. The consumer can make known his right of withdrawal via info@lafemme.amsterdam, if desired using the withdrawal form that can be downloaded from the La Femme Amsterdam website, www.lafemme.amsterdam.

4. The consumer is obliged to return the product to La Femme Amsterdam within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Reimbursement of delivery costs

1. If the consumer has exercised his right of withdrawal in a timely manner and as a result has returned the complete order to La Femme Amsterdam in a timely manner, La Femme Amsterdam will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the timely and completely returned order. refund the consumer.

2. Delivery costs will only be borne by La Femme Amsterdam if the entire order is returned.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the costs for returning the entire order will be borne by the consumer.

Suspension right

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

1. La Femme Amsterdam can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to La Femme Amsterdam, unless the customer has provided sufficient security for those costs.

2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to La Femme Amsterdam.

3. La Femme Amsterdam is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to La Femme Amsterdam against a claim against La Femme Amsterdam.

Retention of title

1. La Femme Amsterdam remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards La Femme Amsterdam on the basis of what happened with La Femme Amsterdam

   concluded agreement, including claims regarding failure to comply.

2. Until then, La Femme Amsterdam can invoke its retention of title and take back the goods.

3. Before ownership has been transferred to the customer, the customer may not pledge, sell or dispose of the products

   or otherwise object.

4. If La Femme Amsterdam invokes its retention of title, the agreement will be deemed to have been dissolved

   and La Femme Amsterdam has the right to claim damages, lost profits and interest.

Delivery

1. Delivery takes place while stocks last.

2. Delivery takes place at La Femme Amsterdam, unless the parties have agreed otherwise.

3. Delivery of products ordered online takes place at the address specified by the customer.

4. If the agreed amounts are not paid or are not paid on time, La Femme Amsterdam has the right to

   to suspend its obligations until the agreed part has been paid.

5. In the event of late payment, there is a creditor's default, with the result that the customer cannot inform La of a late delivery

   Femme Amsterdam may object.

Delivery time

1. The delivery times stated by La Femme Amsterdam are indicative and do not entitle the customer to termination or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

2. The delivery time starts after the quotation signed for approval by the customer has been sent to La Femme Amsterdam by La

2. The delivery time starts after the quotation signed for approval by the customer to La Femme Amsterdam has been confirmed to the customer in writing or electronically by La Femme Amsterdam.

3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless La Femme Amsterdam cannot deliver within 14 days of being notified in writing or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products he has ordered can take place on time.

Transportation costs

Transport costs are borne by the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have the forwarder or delivery person make a note of this before receiving the product, failing which La Femme Amsterdam cannot be held liable for possible damage.

2. If the customer arranges the transport of a product himself, he must report any visible damage to products or packaging to La Femme Amsterdam prior to transport, failing which La Femme Amsterdam cannot be held liable for any damage.

Storage

1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the customer.

Guarantee

1. The warranty regarding products only applies to defects caused by defective manufacturing, construction or materials.

2. The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time when they are legally and/or actually delivered, or at least come into the power of the customer or a third party. third party who receives the product on behalf of the customer.

Exchange

1. Exchanging purchased items is only possible if the following conditions are met:

   Exchanges take place within 7 days of purchase upon presentation of the original invoice
   the product is returned in the original packaging or with the original (price) tags still attached
   the product has not yet been used

2. Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer cannot be exchanged.

Disclaimer

The customer indemnifies La Femme Amsterdam against all claims from third parties related to the products and/or services supplied by La Femme Amsterdam.

Complaints

1. The customer must examine a product or service provided by La Femme Amsterdam as soon as possible for any shortcomings.

2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform La Femme Amsterdam of this as soon as possible, but in any case within 1 month after discovering the shortcomings.

3. Consumers must inform La Femme Amsterdam within 2 months of discovering the shortcomings.

4. The customer provides as detailed a description as possible of the shortcoming, so that La Femme Amsterdam is able to respond adequately.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to ongoing work, this cannot lead to La Femme

   Amsterdam may be required to perform work other than that agreed.

Notice of default

1. The customer must notify La Femme Amsterdam of any notice of default in writing.

2. It is the customer's responsibility that La Femme Amsterdam's notice of default actually occurs

   achieved (on time).

Joint and several liability of the customer

If La Femme Amsterdam enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to La Femme Amsterdam under that agreement.

Liability La Femme Amsterdam

1. La Femme Amsterdam is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.

2. If La Femme Amsterdam is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.

3. La Femme Amsterdam is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.

4. If La Femme Amsterdam is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy and, in the absence of (full) payment by an insurance company of the damage amount, liability is limited to (part of the) invoice amount to which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from La Femme Amsterdam expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

Right to dissolution

1. The customer has the right to terminate the agreement if La Femme Amsterdam attributably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.

2. If the fulfillment of the obligations by La Femme Amsterdam is not permanently or temporarily impossible, dissolution can only take place after La Femme Amsterdam is in default.

3. La Femme Amsterdam has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if La Femme Amsterdam has become aware of circumstances that give him good reason to fear that the the customer will not be able to properly fulfill his obligations.

Force majeur

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by La Femme Amsterdam to fulfill any obligation towards the customer cannot be attributed to La Femme Amsterdam in a situation independent of the will of La Femme Amsterdam. , which prevents the fulfillment of its obligations towards the customer in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from La Femme Amsterdam.

2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

3. If a force majeure situation occurs as a result of which La Femme Amsterdam cannot fulfill one or more obligations to the customer, those obligations will be suspended until La Femme Amsterdam can meet them again.

4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing.

5. La Femme Amsterdam is not liable for any damages or compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Changes to the agreement

1. If, after concluding the agreement for its implementation, it appears necessary to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

2. The previous paragraph does not apply to products purchased in a physical store.

Changes to general terms and conditions

1. La Femme Amsterdam is entitled to change or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. La Femme Amsterdam will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions

   say.

Transfer of rights

1. Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of La Femme Amsterdam.

2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what La Femme Amsterdam had in mind on that point when drawing up the conditions.

Applicable law and competent court

1. Every agreement between the parties is exclusively governed by Dutch law.

2. The Dutch court in the district where La Femme Amsterdam is located / has its practice / office

   holds exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.