Terms and Conditions
- Any reference in these General Conditions to:
Consumer: means a natural person who does not act in the course of a profession or business and who enters into a distance contract with Van Gils Fashion B.V.;
E-shop: means Van Gils Fashion B.V.'s web shops;
Distance Contract: means an agreement in respect of which Van Gils Fashion B.V. has organized a system of distance product sales using only one or more techniques for distance communication up to conclusion of the agreement;
Technique for Distance Communication: means any method that can be used to conclude an agreement without the Consumer and Van Gils Fashion B.V. meeting concurrently in the same room;
Cooling-Off Period: means the term within which the Consumer may exercise his or her Right of Withdrawal;
Right of Withdrawal means the option that the Consumer has to decide against conclusion of the Distance Contract within the Cooling-Off Period;
Day: means a calendar day.
- These General Conditions apply with effect from 1 June 2014 to all offers of Van Gils Fashion B.V. in its E-shops and to all Distance Contracts entered into with Van Gils Fashion B.V.
- In addition to these General Conditions, supplementary conditions may apply to certain products where this is expressly indicated.
3. FORMATION OF THE AGREEMENT
- Subject to the provisions of paragraph 4, the agreement will have been formed once the Consumer electronically accepts an offer of Van Gils Fashion B.V.
- Upon the Consumer's electronic acceptance of the offer, Van Gils Fashion B.V. will promptly issue an electronic order confirmation to confirm receipt of acceptance of the offer. As long as the receipt of that acceptance has not been confirmed, the Consumer may cancel the agreement.
- Van Gils Fashion B.V. will adopt suitable technical and organizational measures to protect the electronic transmission of data and will provide a secure web environment. Van Gils Fashion B.V. will adopt suitable security measures for electronic payment by the Consumer.
- Within the scope of the law, Van Gils Fashion B.V. may verify the Consumer's ability to fulfil his or her payment obligations and the facts and factors that are relevant to entering into the Distance Contract in a responsible manner. If those inquiries give O’ Neill Europe B.V. sound reasons not to enter into the contract, it may deny an order or application, providing the reasons for its denial.
4. THE OFFER
- If an offer has a limited term of validity or involves certain conditions, the offer will expressly state so.
- The offer will include a full and accurate description of the offered products. The description will be sufficiently detailed to allow the Consumer to appraise the offer adequately. Any pictures used by Van Gils Fashion B.V. will be faithful representations of the products offered. Manifest errors or mistakes in the offer will not be binding for Van Gils Fashion B.V.
- The website will contain information that makes it clear to the Consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
· the price including taxes;
· delivery costs, if any;
· the manner in which the agreement will be formed and the transactions necessary for that purpose;
· whether or not the Right of Withdrawal applies;
· the methods of payment, delivery or performance of the agreement;
· the term for acceptance of the offer or the term within which the price will be honoured.
5. PRICES/SHIPMENT CHARGES
- The prices will be those in effect at the time of ordering a product. All prices will be denominated in the local currency and will include VAT.
- Special price offers, including discounts, will be valid only for the validity term stated in the offer and will be subject to products being in stock. The statement to that effect will be printed in a brochure or posted on the website in relation to the special price offer.
- Prices quoted in the E-shop are exclusive of shipping charges. The amount of the shipping and return charges are displayed on the website.
- The available payment methods depend on the country from which the order is placed. The available payment methods are displayed in the E-shop.
- If a payment term has been agreed by Van Gils Fashion B.V., the Consumer will be in default by the mere expiration of that term. Payment terms may be agreed in writing only on the conditions stipulated at that time.
- If a credit card or PayPal is selected as payment method, the conditions of the relevant credit card issuer or of PayPal will apply. Van Gils Fashion B.V. is not a party to the relationship between th e Consumer and the credit card issuer.
- The Consumer will pay all reasonable judicial and extrajudicial expenses of any nature whatsoever, including collection costs, that Van Gils Fashion B.V. will incur due to the Consumer's failure to fulfil his or her (payment) obligations.
- In the event of late payment, Van Gils Fashion B.V. will be authorized to terminate the agreement with immediate effect or suspend (further) delivery until the Consumer has fulfilled his or her payment obligations in full, including payment of the costs referred to in Article 6.4.
- Van Gils Fashion B.V. will ship, or have a third party ship, orders that have been accepted by order of receipt as quickly as possible. If a product is in stock, the average delivery time from order date can be found on the website.
- If delivery cannot be made within the average term or cannot be made at all, for example, because a product is out of stock, the Consumer will be informed accordingly as quickly as possible. Van Gils Fashion B.V. will not be liable for any loss whatsoever due to a quoted delivery term being exceeded.
- Unless a longer delivery term is agreed, Van Gils Fashion B.V. will fulfil the order within 30 days. If the order cannot be fulfilled within 30 days, Van Gils Fashion B.V. will inform the Consumer accordingly, and the Consumer will have the right to cancel the agreement at no cost.
8. RETURNS/RIGHT OF WITHDRAWAL/PRECLUDING RIGHT OF WITHDRAWAL
- The Consumer will be obliged to inspect the products (or have them inspected) immediately after receipt.
- With regard to products purchased from the E-shop, the Consumer has the right to cancel the purchase without giving any reason within 14 business days of delivery of the product in question, i.e. the Cooling-Off Period, provided that the products have not been worn or otherwise used and with due observance of the following conditions.
- If the Consumer has exercised his or her Right of Withdrawal described in the previous paragraph, Van Gils Fashion B.V. will refund the amount paid by the Consumer within 14 days of the cancellation of the purchase.
- The Right of Withdrawal is precluded for products manufactured according to Consumer’s specifications, which were not prefabricated and were made based on Consumer’s specific choice or decision, or which are clearly intended for a specific person.
9. RESERVATION OF OWNERSHIP/RISK
- Van Gils Fashion B.V. will retain the ownership of the products until the Consumer has paid the full invoice amount.
- Until the ownership has transferred, the Consumer may not create any charge on, sell, redeliver, dispose of or otherwise encumber the products.
- The risk of the products will transfer to the Consumer on delivery of the products to the Consumer.
- Van Gils Fashion B.V. warrants that the products will conform to the agreement and the specifications set forth in the offer. The reasonable requirements of reliability and usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
- Van Gils Fashion B.V. may include links on its website to other websites that could be relevant or informative to visitors. Those links are included for informative purposes only. Van Gils Fashion B.V. is not responsible for the content of any website to which it refers or for the use that may be made of it.
11. FORCE MAJEURE
- In the event of force majeure, Van Gils Fashion B.V. will not be obliged to fulfil its obligations towards the Consumer or the obligation will be suspended for the duration of the force majeure.
- 'Force Majeure' means any involuntary condition preventing Van Gils Fashion B.V. from fulfilling, wholly or partly, its obligations to the Consumer. Those conditions include strikes, fire, business interruption, power failure, failure of delivery or timely delivery by suppliers or other third parties hired and lack of any government permit required as well as extraordinary weather conditions. In addition, force majeure includes interruptions of any telecommunication or other network connection of the communication system used and/or unavailability of its website at any time.
12. INTELLECTUAL PROPERTY
- The Consumer expressly acknowledges that all intellectual property rights of information, signs, announcements or other statements displayed in relation to the products and/or the website will vest in Van Gils Fashion B.V., its affiliated companies, its suppliers or other right holders. 'Intellectual property rights' means patent rights, copyrights, trademark rights, drawing rights, design rights and/or other (intellectual property) rights, including generic rights to databases and topography of semiconductor products or other products as well as non-patentable technical and/or commercial know-how, methods and concepts.
- That consumer agrees to refrain from any use that infringes the intellectual property rights described in this article.
14. PERSONAL / AGE LIMIT
- Van Gils Fashion B.V. does not accept orders from persons under 18 years.
15. APPLICABLE LAW/DISPUTE RESOLUTION
- All offers and agreements of Van Gils Fashion B.V.Europe BV will be governed exclusively by Dutch law.
- The Consumer may submit questions and/or complaints by calling Van Gils Fashion B.V. customer service:
NL :+31 76 7503750 available from Monday to Friday from 9 AM to 5.00 PM. The customer service's e-mail address is email@example.com. Complaints are generally handled within one Business Day.
- The parties will always have the right to submit the dispute to a Dutch court having jurisdiction pursuant to the law.
15. COMPANY INFORMATION
Van Gils Fashion B.V. has its registered office (headquarters) at Minervum 7032 (4817 ZL Breda), the Netherlands, and is registered in the trade register under number 18076160.