Terms and Conditions

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 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – The price
Article 9 – Compliance and warranty
Article 10 – Delivery and execution
Article 11 – Payment
Article 12 – Complaints procedure
Article 13 – Disputes
Article 14 – Additional or deviating provisions

Article 1 | Definitions
In these terms and conditions, the following terms shall have the following meanings:

Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can use when he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusively through one or more means of distance communication;
Means of distance communication: any means that can be used for the conclusion of a contract, without the consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 | Identity of the entrepreneur

Le Rif
Address: Cor Janssenstraat 5
Phone number: +31636445015
Email address: infolerifclothing@gmail.com
Chamber of Commerce number: 90596293
VAT identification number: NL004830440B58

Article 3 | Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will 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 terms and conditions are available for inspection at the entrepreneur’s premises and they will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs two and three apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are null and void or are annulled in whole or in part at any time, the agreement and these terms and conditions will remain in effect and the relevant provision will be replaced by a provision that reflects the original intent as closely as possible, in mutual consultation.
Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 | The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
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 proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to damages or termination of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
1. The price including taxes;
2. Any shipping costs;
3. The manner in which the agreement will be concluded and what actions are required for this;
4. The applicability or non-applicability of the right of withdrawal;
5. The method of payment, delivery, and execution of the agreement;
6. The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
7. The amount of the rate for communication at a distance if the costs of using the communication technique at a distance are calculated on a basis other than the regular basic rate for the communication medium used;
8. Whether the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer;
9. How the consumer, before concluding the agreement, can check the information provided by him in the context of the agreement and, if desired, correct it;
10. Any other languages in which, in addition to Dutch, the agreement can be concluded;
11. The codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically;
12. And the minimum duration of the distance contract in the case of a continuous performance contract.

Artikel 5 | The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the receipt of the acceptance of the offer electronically.
As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall provide a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.
The entrepreneur may, within the statutory framework, verify whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement.
If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse a order or request or to attach special conditions to the execution.
The entrepreneur shall provide the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, together with the product or service:
the visiting address of the entrepreneur’s establishment where the consumer can address any complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing service after purchase;
the data referred to in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuous performance contract, the provision in the previous paragraph shall apply only to the first delivery.
Every agreement is entered into subject to the suspensive conditions of sufficient availability of the products concerned.

Article 6 | Right of Withdrawal

Upon delivery of products:

In the purchase of products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a previously designated and notified representative of the entrepreneur.
During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he shall return the product with all accessories supplied 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.
If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur thereof within 14 days after receipt of the product. The consumer must make this known using the model withdrawal form or by means of another clear communication method, such as by email. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of dispatch.
If the customer has not indicated that he wishes to exercise his right of withdrawal within the periods mentioned in paragraphs 2 and 3, respectively, or has not returned the product to the entrepreneur, the purchase is considered final.

Article 7 | Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the goods shall be borne by him at most.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return shipment can be provided. Repayment will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any decrease in value of the product.
The consumer cannot be held liable for any decrease in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 | The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any prices mentioned are indicative shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they are the result of legal regulations or provisions; or
the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 9 | Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A guarantee provided by the entrepreneur does not affect the consumer’s legal rights and claims based on the agreement against the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The products must be returned in their original packaging and in new condition.
The warranty does not apply if the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging.

Article 10 | Delivery and Performance

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.
The place of delivery shall be the address notified by the consumer to the company.
Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be notified of this no later than 30 days after placing the order. In such case, the consumer shall have the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
The risk of damage and/or loss of products shall rest with the entrepreneur until the moment of delivery to the consumer or a previously designated and notified representative of the entrepreneur, unless expressly agreed otherwise.

Article 11 | Payment

Unless agreed otherwise, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in Article 6, paragraph 1.
The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance.

Article 12 | Complaints Procedure

The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.
In the event of complaints, a consumer must first contact the entrepreneur. It is also possible to lodge complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Article 13 | Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 14 | Additional or Deviating Provisions

Additional or deviating provisions 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 stored by the consumer in an accessible manner on a durable medium.

Appendix 1 | Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

To
Le Rif
Cor Janssenstraat 5
5953 PZ Reuver
infolerifclothing@gmail.com
+31 6 36445015

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*):

Ordered on (DD-MM-YYYY):

Order number:

Received on (DD-MM-YYYY):

Name/Names of consumer(s):

Address of consumer(s):

IBAN Account Number:

Signature of consumer(s) (only if this form is submitted on paper):

Date (DD-MM-YYYY):

(*) Delete as appropriate.