General terms and conditions
Our general conditions are in accordance with the guidelines of the Authority Consumer and Market (ACM). The rights of the consumer are therefore well guaranteed.
Article 1. Identity of the entrepreneur
1.1 The identity of the entrepreneur:
H-O-F House of Fashion (hereinafter referred to as: "HOF Fashion")
2514LK The Hague
070 444 9607
Chamber of Commerce number: 64256243
VAT number: NL863796758B01
E-mail: [email protected]
Article 2. Applicability
2.1 All offers, orders and contracts of HOF Fashion via the webshop are governed by these general terms and conditions (hereinafter referred to as: 'general terms and conditions'). Both HOF Fashion and the consumer recognize the legal validity of electronic communication, as also provided for in European regulations. The consumer cannot derive any rights from any agreed deviations for future orders.
2.2 The acceptance of an offer or the placing of an order implies that the consumer accepts the applicability of these terms.
2.3 The provisions of these terms and conditions may only be deviated from in writing, in which case the other provisions shall remain in full force.
Article 3. Offers / agreements
3.1 All HOF Fashion offers are without obligation. HOF Fashion expressly reserves the right to change prices, in particular but not solely if such is necessary under (legal) regulations.
3.2 Samples and models shown and/or delivered, as well as indications of colors, measurements, and other descriptions in brochures, promotion material, websites or social media of HOF Fashion are as accurate as possible, but only serve as an indication. No rights may be derived therefrom, unless the parties expressly agree otherwise in writing.
3.3 A contract is deemed to be concluded only upon acceptance of the consumer order by HOF Fashion. As long as HOF Fashion did not confirm the order to the consumer, no contract was formed. If the consumer's acceptance deviates from the HOF Fashion offer, HOF Fashion shall not be bound by it. No contract was then formed, unless the parties expressly agreed otherwise in writing.
3.4 HOF Fashion reserves the right to refuse orders. The consumer shall be informed of such refusal, with or without explanation. Of course, in such case, a possible payment already made shall be refunded to the account of the bank or credit card company from which such payment originated.
3.5 By ordering from us - either through the website or by e-mail - a legally valid purchase agreement is created on which payment must follow.
Article 4. Prices / shipping costs / payment / reservation of ownership / non-payment
4.1 The prices mentioned for the offered products and services are in euros including VAT, unless explicitly stated otherwise.
4.2 For transport within the Netherlands, HOF Fashion charges a maximum of € 6.95. For consumers from other countries than the Netherlands, the contribution to the shipping costs depends on the country and the amount of the order. HOF Fashion reserves the right to conform this amount to the most current rates for these services by PostNL or an equivalent provider of parcel services.
4.3 In principle, HOF Fashion works by means of prepayment (online or in advance by bank transfer). After an order, the consumer receives a confirmation by e-mail containing the total costs, including shipping costs. All items remain the property of HOF Fashion until full payment is received.
Article 5. Delivery
5.1 In principle, HOF Fashion sends all orders within 2-5 working days after receipt of the order via PostNL (or an equivalent parcel service) to the delivery address indicated upon the order. If, for certain reasons, we deviate from this, the consumer shall be notified thereof by e-mail. If the consumer is not at home at the time of delivery, the consumer can pick up the package at a PostNL location nearby. If the package is not picked up within 3 weeks, the package will be returned to us.
5.2 When terms are mentioned in working days, this means all days from Monday to Friday, excluding legal holidays.
5.3 The indicated delivery times are indicative only. Exceeding the agreed delivery times does not give the consumer the right to compensation, dissolution of the agreement or non-compliance with any obligation which may arise for the consumer from this or any other related agreement.
5.4 The product must be delivered to the consumer no later than 30 days after ordering. If this does not happen, the consumer may immediately cancel the purchase. The foregoing does not apply if the parties have agreed on a different delivery period, if there is force majeure on the part of HOF Fashion or the third party/parties engaged by it.
5.5 HOF Fashion strives to deliver the order in one go, but may also deliver the order in parts.
5.6 We do our best to keep the website as up-to-date as possible. However, it may happen that, unexpectedly, an article is no longer available. In such case, HOF Fashion shall contact the consumer as soon as possible.
Article 6. Right of withdrawal / return / guarantee
6.1 Upon receipt by the consumer of the ordered items via our web shop or by e-mail, the consumer has a cooling-off period as described in article 6.3.
6.2 The article must be checked upon receipt for any errors, imperfections or damage. These should be within 14 days after receipt by the consumer by e-mail to us to be reported. Articles with a mistake, imperfection or damage that are returned without a report within 14 days after receipt by the consumer, can not be accepted.
6.3 If the consumer is not satisfied with the order via our webshop or by e-mail, the consumer can indicate that he/she wishes to return the item(s) within 14 days of receipt. For this purpose, the consumer can use the "contact form", available on this website. The consumer can also invoke the right of withdrawal by means of an unequivocal statement. The consumer shall immediately send the item(s) to be returned with the packing slip, but in any case within fourteen days after submission of the aforementioned form or the unequivocal declaration, to HOF Fashion. The consumer shall bear the costs of the return.
6.4 The right of withdrawal does not apply to hygienically sensitive items.
6.5 If the consumer returns the ordered items, the consumer may exchange them for another size or receive back the purchase price including the sending costs paid to HOF Fashion, subject to the provisions of article 6.6. If the consumer keeps a part of the order, the consumer only gets back the purchase amount of the returned items, not the shipping costs.
6.6 We will, within 14 days of receipt of the returned items, instruct the bank or credit card company used when placing the original order to return the amount already paid (including any standard shipping costs) to the consumer. Any higher shipping costs for the original shipment from HOF Fashion to the consumer, which the consumer himself has chosen, than the least costly way of standard delivery offered by HOF Fashion, shall not be reimbursed by HOF Fashion.
6.7 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal shall lie with the consumer. The prerequisite for the actual exercise of the right of withdrawal is that the items in question are soundly packed, complete, undamaged, unused and returned in the undamaged and original packaging, together with the packing slip. If damage occurred as a result of a faulty sending packaging or if the postage is insufficient, HOF Fashion reserves the right to refuse a return.
6.8 Based on the law, the consumer has the right to a sound product, which must meet the expectations that the consumer may reasonably have of it. We will solve any problem with the soundness of the product as soon as possible. If the solution does not meet the expectations of the consumer then the consumer can cancel the order, without additional costs.
6.9 The warranty referred to in this article and the right of withdrawal will lapse if, among other things:
The article is worn and / or washed (this does not mean the fitting of the clothing);
The article has been damaged by the consumer and/or the consumer has tried to repair the damage or defect;
The label(s) and/or accessories have been removed or are missing;
The consumer has not followed the instructions for use and/or instructions for use; and/or
The article has been manufactured according to the specifications provided by the consumer.
Article 7. Force majeure
7.1 In case of force majeure, HOF Fashion is entitled, at its discretion, to suspend the execution of the order, or to cancel the contract without legal intervention, by communicating such in writing and without HOF Fashion being bound to pay any indemnification, unless such would be unacceptable under the given circumstances, according to the criteria of reasonableness and fairness.
7.2 Force majeure refers to any default which cannot be attributed to HOF Fashion, as it is not due to its fault, and which is not chargeable to it under the law, legal act or generally accepted practice.
Article 8. Liability
8.1 HOF Fashion is not liable for indirect damage. HOF Fashion shall only invoke this exclusion of liability if and to the extent such is legally permissible.
Article 9. Miscellaneous
9.1 If the consumer provides an address to HOF Fashion in writing, HOF Fashion is entitled to send all orders to such address, unless the consumer provides to HOF Fashion in writing another address to which the orders are to be sent.
9.2 If HOF Fashion temporarily or tacitly allows deviations from these general terms for a short or longer period, this is without prejudice to its right to demand immediate and strict compliance with these general terms. The consumer shall never be entitled to assert any right on the basis of the fact that HOF Fashion applies these general terms leniently.
9.3 If one or more of the provisions of these general terms or of any other contract with HOF Fashion is/are contradictory to any applicable statutory provision, the provision in question shall cease to apply and shall be replaced by a new, legally permissible similar provision, to be determined by HOF Fashion.
Article 10. Applicable law
10.1 All rights, obligations, offers, orders and contracts to which these terms apply are exclusively governed by Dutch law.