General Conditions of WE LOVE TIES, established in Budel, registered with the chamber of commerce in Eindhoven, under number 17069485.
Article 1 – Definitions
In these conditions, the following definitions are understood to mean the following:
1. Entrepreneur: the natural or legal person who offers remote products and / or services to consumers;
2. Consumer: the natural person who doesn’t act in the exercise of his profession or business and who enters into a remote agreement with the entrepreneur;
3. Remote agreement: an agreement, in which, in the context of a system for remote sale of products and / or services organized by the entrepreneur, only one of more types of technology are used for remote communication;
4. Remote communication technology: means that can be used for the establishment of an agreement, without the consumer and entrepreneur having come together in the same room;
5. Reflection period: the period within which the consumer may use his right of withdrawal;
6. Right of withdrawal: the possibility of the consumer to cancel the remote agreement within the reflection period;
7. Day: calendar day;
8. Long-term transaction: a remote agreement regarding a series of products and / or services, the delivery- and / or acceptance obligation of which is distributed over time;
9. Durable data carrier: every means that enables the consumer or entrepreneur to store information addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
WE LOVE TIES is powered by Rooymans Neckwear B.V.
Rooymans Neckwear B.V.
't Inne 5
6021 DA Budel
phone no.+31 (0) 495 592842
fax +31 (0) 495 593635
We are available Monday to Friday between 9 AM – 5 PM by phone.
Kvk Eindhoven no. 17069485
V.A.T./B.T.W. no. 8239.69.939.B01
Article 3 – Applicability
1. These general conditions apply to every offer of the entrepreneur and to any remote agreement agreed between the entrepreneur and the consumer.
2. Before establishment of the remote agreement, the text of these general conditions shall be made available to the consumer. If this is not possible within reason, the consumer shall, prior to the establishment of the remote agreement, be notified of the fact that the general conditions can be consulted with the general conditions and that these will be sent to as soon as possible free of charge on request of the consumer.
3. If the remote agreement is established electronically, notwithstanding the previous paragraph and prior to establishment of the remote agreement, the text of these general conditions can be provided to the consumer electronically, in such a way that it can be easily stored on a durable data carrier by the consumer. If this is not possible within reason, the consumer shall be informed about where to consult the general conditions electronically prior to establishment of the agreement, as well of the fact that these will be sent electronically or in any other way, free of charge, on request of the consumer.
4. In case specific product- or service conditions apply in addition to these general conditions, the second and third paragraph applies accordingly and the consumer can always rely on the applicable provision that is most favorable to him in case of contradictory general conditions.
Article 4 – The offer
1. If an offer has a limited duration or is made under conditions, this shall be explicitly mentioned in the offer.
2. The offer contains a full and accurate description of the products and / of services offered. The description is sufficiently detailed to allow for a good assessment of the offer by the consumer. If the entrepreneur uses images, these are an accurate representation of the products and / or services offered. Obvious mistakes or errors in the offer, are not binding to the entrepreneur.
3. Every offer shall contain such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This concerns in particular:
• the price, including taxes;
• any delivery costs;
• the way the agreement is to be established and which actions are required;
• whether or not the right of withdrawal applies;
• the method of payment, delivery or implementation of the agreement;
• the period for acceptance of the offer, or the period during which the offered price shall be valid;
• the height of the rate for remote communication, if the costs of the use of the technology for remote communication are calculated on any other basis than the basic rate;
• if the agreement is archived after its establishment, which way it can be consulted by the consumer;
• they way the consumer can learn of actions he doesn’t want prior to establishment of the agreement as well as the way he can remedy this prior to the establishment of the agreement;
• any languages in which the agreement can be established in addition to Dutch;
• the codes of conducts to which the entrepreneur has submitted himself and the way the consumer can electronically consult these codes of conducts; and
• the minimal duration of the remote agreement in case of an agreement that involves the continuous or periodic supply of products and services.
Article 5 – The agreement
1. Subject to the conditions of paragraph 3, the agreement shall be established at the time of acceptance by the consumer of the offer and meeting the conditions set.
2. If the consumer has electronically accepted the offer, the entrepreneur shall immediately send an electronic confirmation of receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolute the agreement.
3. If the agreement is established electronically, the entrepreneur shall take appropriate technical and organization measures for protection of the electronic transfer of data and shall ensure a secure web environment. If the consumer is enabled to make electronic payments, the entrepreneur will observe appropriate security measures.
4. Within the boundaries of the Law, the entrepreneur can investigate whether the consumer can meet his payment obligations as well as all those facts and factors that are important for a sound establishment of the remote agreement. If, based on this investigation, the entrepreneur has good grounds for refraining from entering into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, all this under provision of reasons.
5. With the product or service, the entrepreneur shall provide the consumer with the following information, in writing, or in such a way that it can be stored by the consumer in an accessible way on a sustainable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can direct his complaints;
b. the conditions under which and the way the consumer may use the right of withdrawal or a clear notification regarding the exclusion of the right of withdrawal;
c. the information about any service after purchase and warranties;
d. the details included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these details prior to the implementation of the agreement;
e. the requirements for termination of the agreement, if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur has undertaken to the delivery of a series of products or services, the provision of the previous paragraph shall only apply to the first delivery.
Article 6a – Right of withdrawal in the delivery of products
1. When purchasing products, the consumer has the option of dissolving the agreement without provision of reasons during a period of at least fourteen days. This period starts the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to be able to assess if he wishes to keep the product. If he invokes his right of withdrawal, he will return the product with all supplied accessories and – if possible within reason – in it’s original state and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b – Right of withdrawal in the provision of services
1. In case of delivery of services, the consumer has the option of dissolving the agreement without provision of reasons, for a period of at least seven days, starting the day of establishment of the agreement.
2. In order to invoke his right of withdrawal, the consumer will comply with the clear and reasonable instructions provided by the entrepreneur at the time of the offer and / or at the latest on delivery.
Article 7 – Costs in case of withdrawal
1. If the consumer uses his right of withdrawal, the maximum amount he can be charged for is the costs of return shipment.
2. If the consumer has paid an amount, the entrepreneur shall reimburse this amount as soon as possible, however at the latest within 30 days after the return shipment or withdrawal.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, or timely prior to the establishment of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a) that have been established by the entrepreneur in accordance with the specifications of the consumer;
b) that are clearly personal in nature;
c) that cannot be returned due to their nature;
d) that rapidly decay or become obsolete;
e) the price of which is linked to fluctuations on the financial market beyond the control of the entrepreneur;
f) for separate newspapers and magazines;
g) for audio- and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a) regarding accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period;
b) the delivery of which has started with the express consent of the consumer, prior to the expiration of the reflection period;
c) regarding bets and lotteries.
Article 9 – The price
1. During the validity period mentioned in the offer, the prices of the products and / or services offered shall not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the provisions of the previous paragraph, the entrepreneur may offer products or services of which the prices are connected to fluctuations on the financial market and that are beyond the control of the entrepreneur, with variable prices. This connection to fluctuations and the fact that all prices mentioned are an approximation, shall be mentioned in the offer.
3. Price increases within 3 months after the establishment of the agreement are only allowed if they are the result of legislation or regulations.
4. Price increases from 3 months after the establishment of the agreement, are only allowed if these were stipulated by the entrepreneur, and:
a) if these are the result of legislation or regulations; or
b) the consumer is authorized to cancel the agreement on the date the price increase enters into force.
5. The prices mentioned in the offer of products or services are VAT inclusive.
Article 10 - Compliance and Warranty
1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and / or usability and the legislation and / or government regulations applicable on the date of establishment of the agreement.
2. A scheme offered by the entrepreneur, manufacturer or importer as warranty, does not affect the rights and claims the consumer may invoke against the entrepreneur, regarding a shortcoming in compliance with obligations of the entrepreneur under the Law and / or the remote agreement.
Article 11 – Delivery and implementation
1. The entrepreneur shall observe the greatest possible care with regard to the receipt and the implementation of product orders and in the assessment of request to render services.
2. The address that the consumer provided to the company is understood to be the place of delivery.
3. Subject to the provisions of article 4 of these general conditions on this, the company will expeditiously implement accepted orders, however at the latest within 30 days, unless a longer delivery period has been agreed on. If the delivery is delayed, or if an order can’t or can only be partially implemented, the consumer shall be notified of this at the latest one month after he has placed the order. In that case, the consumer has the right to dissolute the agreement free of charge, with entitlement to compensation of damages.
4. In case of a dissolution in accordance with the previous paragraph, the entrepreneur shall reimburse the amount paid by the consumer as soon as possible, however within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make efforts to provide a replacement product. At the latest on delivery, the consumer shall be clearly and understandably informed of the fact that a replacement product is being delivered. In case of replacement products, the right of withdrawal cannot be excluded. The costs of return shipment are at the expense of the entrepreneur.
6. The risk of damage and / or loss of products shall be borne by the entrepreneur until the time of delivery to the consumer, unless expressly agreed otherwise.
Article 12 – Long-term transactions
1. The consumer can terminate an agreement entered into indefinitely at all times, subject to the agreed termination rules and a maximum notice of one month.
2. an agreement entered into for a certain period of time has a maximum duration of two years. If it has been agreed that, in case of silence on part of the consumer, the remote agreement shall be tacitly renewed, the agreement shall be continued as an indefinite agreement and the maximum notice after continuation of the agreement shall be one month.
Article 13 - Payment
1. Insofar not subsequently agreed, the amounts due by the consumer should be paid within fourteen days after delivery of the product, or in case of an agreement for the provision of a service, within 14 days after delivery of the documents relating to this agreement.
2. In case of the sale of products to consumers, an advance payment of more than 50% can never be stipulated in general conditions. When an advance payment has been stipulated, the consumer cannot invoke any right regarding the implementation of the specific order or service(s) before the stipulated advance payment has been completed.
3. The consumer has the duty to immediately notify the entrepreneur of inaccuracies in payment details provided or mentioned.
4. In case of payment default by the consumer, the entrepreneur has the right to charge the consumer reasonable costs, communicated to the consumer prior to the establishment of the agreement, subject to legal limitations.
Article 14 – Complaint procedure
1. The entrepreneur has a sufficiently communicated complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the implementation of the agreement should be submitted to the entrepreneur within reasonable time in a complete and clearly described manner, after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer time to process, the entrepreneur answers within the period of 14 days, with a message of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint can’t be resolved in mutual consultation, a dispute arises that is subject to the dispute procedure.
Article 15 - Disputes
1. To agreements between the entrepreneur and the consumer to which these general conditions relate, Dutch Law exclusively applies..
2. Disputes between the consumer and the entrepreneur about the establishment or implementation of agreements regarding products and services provided or to be provided by this entrepreneur, can, subject to the following stipulations, be submitted to the Dispute committee by both the consumer and the entrepreneur. 3. A dispute shall only be accepted by the Dispute committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. At the latest three months after a dispute has arisen, the dispute should be submitted to the Dispute committee in writing.
5. If the consumer wishes to bring a dispute before the Dispute committee, the entrepreneur is bound to this choice. If the entrepreneur wishes to do so, the consumer is to express in writing within five weeks after the written request by the entrepreneur, whether he wishes to do the same or wishes to have the dispute settled by the competent court. If the entrepreneur does not receive the choice of the consumer within the period of five weeks, the entrepreneur has the right to submit the dispute to the competent court.
6. The Dispute committee rules under the conditions as defined in the regulations of the Dispute committee. The decisions of the Dispute committee are made in the form of a binding advice.
7. The Dispute committee will not deal with a dispute or will cease the proceedings if the entrepreneur has been granted suspension of payment, if he has become bankrupt or has actually ceased his business activities, before a dispute has been handled by the committee on the hearing and a final verdict has been issued.
Article 16 – Additional or deviating provisions
Additional provisions or provisions that deviate from these general conditions, should not be to the detriment of the consumer and should be recorded in writing in such a way that they can be stored by the consumer in an accessible way on a durable data carrier.