General terms and conditions

Article 1 - Definitions


The following definitions are used in these terms and conditions:

Cooling-off period: the period within which the consumer may exercise his right of withdrawal;

Consumer: the natural person not acting in a professional or commercial capacity who concludes a distance contract with the entrepreneur;

Day: calendar day;

Duration contract: a distance contract relating to a series of goods and/or services whose delivery and/or purchase obligation extends over a certain period of time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in such a way that future consultation and unchanged display of the stored information is possible.

Right of withdrawal: the consumer's possibility to withdraw from the distance contract within the withdrawal period;

Entrepreneur: natural or legal person who offers goods and/or services to consumers at a distance;

Distance contract: a contract whereby one or more means of distance communication are used within the framework of a system organised by the entrepreneur for the distance selling of products and/or services until the conclusion of the contract;

Distance communication means: means by which a contract can be concluded without the consumer and the entrepreneur having to be in the same room at the same time.

Terms and conditions: The general terms and conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur


Ikhlaf Ecom

Wijnruitstraat 40 5143 AJ WAALWIJK

Email address: info@vogue-birmingham.com
Chamber of Commerce number: 90577213

VAT registration number NL0044799629B34

 

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer, as well as to every order.

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, it will be stated before the distance contract is concluded that the general terms and conditions are available for inspection at the trader's business premises and will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded by electronic means, the text of these general terms and conditions may be made available to the consumer by electronic means in a manner that can be stored by the consumer on a durable medium, without prejudice to the application of the previous paragraph and before the distance contract is concluded. If this is not reasonably possible, it must be stated, before the distance contract is concluded, where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

If special product or service terms apply in addition to these general terms and conditions, the provisions of paragraphs 2 and 3 shall apply mutatis mutandis and the consumer may always invoke the most favorable provision in the event of conflicting general terms and conditions.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or voidable, the agreement and these General Terms and Conditions shall otherwise continue to apply and the provision in question shall be immediately replaced by a provision that comes as close as possible to the intention of the original provision.

For situations not regulated in these General Terms and Conditions, the spirit of these General Terms and Conditions shall be observed.

Any ambiguities regarding the explanation of or content of one or more provisions of our General Terms and Conditions shall be interpreted in accordance with the spirit of these General Terms and Conditions.

 

Article 4 - The Offer

If an offer has a limited validity period or is made under certain conditions, this will be expressly stated in the offer.

The offer is without obligation. The entrepreneur has the right 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 correct 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 claims for damages or termination of the contract.

The images attached to the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This applies in particular to

The price includes taxes;
Any shipping costs;
The manner in which the contract is concluded and the steps required for this;
Whether or not the right of withdrawal applies
; The method of payment, delivery and performance of the contract;
The period for accepting the offer or the period within which the trader guarantees the price.
The price for distance communication if the costs of using the means of communication are calculated on a basis other than the usual basic rate;
Whether the contract is archived after it has been concluded and, if so, how the consumer can take note of it.
How the consumer can check and, if necessary, correct the information he has provided in the contract before it is concluded;
Any other languages in which the contract can be concluded in addition to Dutch;
The codes of conduct to which the trader has adhered and the way in which the consumer can consult these codes of conduct electronically.
The minimum duration of the distance contract if it is a long-term transaction. Optional: available sizes, colours, types of materials.

 

Article 5 - The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the applicable conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may withdraw from the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transmission and to ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.

The entrepreneur may, within the legal framework, investigate whether the consumer can meet his payment obligations and whether all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to conclude the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.

The entrepreneur shall send the following information to the consumer with the product or service, in writing or in such a way that it can be stored on a durable medium in a manner accessible to the consumer:

A. The visiting address of the entrepreneur's place of business to which the consumer can turn with complaints;

B. The conditions for and the manner in which the consumer can exercise his right of withdrawal or a clear statement that the right of withdrawal does not apply;

C. Information on guarantees and existing after-sales service.

D. The information specified in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the contract was concluded;

E. The conditions for terminating the contract if the contract has a duration of more than one year or is valid for an indefinite period.

In the case of a contract on a current account, the provision in the previous paragraph applies only to the first delivery.

Each contract is concluded on the condition that there is sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period begins on the day after the consumer or a representative whom the consumer has designated in advance and notified to the entrepreneur has received the product.

During the cooling-off period, the consumer must handle the product and the packaging with care. He may only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If the consumer exercises his right of withdrawal, the consumer must return the product to the entrepreneur with all accompanying accessories and - as far as is reasonably possible - in its original condition and original packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wants to exercise his right of withdrawal, he must notify the entrepreneur of this within 14 days of receiving the product. The consumer must do this in the form of a written message/email. After the consumer has declared that he wants to exercise his right of withdrawal, he must return the product within 14 days. The consumer must be able to prove that the delivered product was returned on time, for example by means of a proof of dispatch.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not notified that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is deemed to have been completed.

 

Article 7 - Costs of exercising the right of withdrawal

If the consumer exercises his right of withdrawal, the consumer shall bear the costs of returning the product.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after exercising the right of withdrawal. The prerequisite for this is that the goods have already been returned to the trader or that conclusive evidence of a complete return can be presented.

 

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for the products described in points 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly states this in the offer or at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products

A. that have been manufactured by the trader according to the consumer's specifications;

B. that are clearly personal in nature;

C. that cannot be returned due to their nature;

D. that can be destroyed or age quickly;

E. whose price depends on fluctuations in the financial market over which the trader has no influence;

F. for loose newspapers and magazines;

G. for audio and video recordings and computer programs the seal of which has been opened by the consumer

H. for hygiene products the seal of which has been opened by the consumer.

Exclusion of the right of withdrawal is only possible for services

A. for accommodation, transport, catering or leisure activities performed on a certain date or during a certain period;

B. the provision of which has begun with the consumer's express consent before the withdrawal period has expired;

C. in connection with betting and lotteries.

 

Article 9 - Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except as a result of changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices that are due to fluctuations in the financial market over which the entrepreneur has no influence. This dependence on fluctuations and the fact that the prices stated are target prices must be stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they are based on statutory provisions or regulations.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:

A. they result from statutory provisions or regulations; or

B. the consumer has the right to terminate the contract from the date on which the price increase comes into force. The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the contractor is not obliged to deliver the product at the wrong price.

 

Article 10 - Conformity and warranty

The contractor guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for quality and/or usability and the legal provisions and/or official regulations applicable at the time of conclusion of the contract. If so agreed, the contractor also guarantees that the product is suitable for use other than normal.

A warranty provided by the contractor, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the contractor on the basis of the contract.

Defective or incorrectly delivered products must be reported to the contractor in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is not responsible for the final suitability of the products for each individual application by the consumer, nor for any instructions for the use or application of the products.

 

Article 11 - Delivery and execution

The entrepreneur will take the utmost care when receiving and executing product orders.

The place of delivery is the address that the consumer has made known to the company.

The order can no longer be canceled 24 hours after it has been placed.

With due regard to the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders as soon as possible, 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 partially executed, the consumer will be informed of this no later than 30 days after the order was placed. In such a case, the consumer has the right to terminate the contract free of charge and claim compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the termination.

If the delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement delivery. At the latest upon delivery, it will be announced clearly and intelligibly that a replacement product will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of the return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of the products lies with the entrepreneur until the time of delivery to the consumer or a representative appointed in advance by the entrepreneur, unless otherwise expressly agreed.

If the customer provides missing information when ordering, the customer will be contacted up to 3 times. If the customer has not responded, the product will not be shipped until we have received a response.

Even if a size or product is out of stock and the customer does not respond. The same applies.

If the customer refuses to accept the package or provides an incorrect address so that the delivery cannot be delivered, we will charge the shipping and handling fee, which is 50% of the order value.

Please always check your product upon receipt. If you have received a damaged or incorrect product, we ask that you send us a CLEAR photo of the products received so that we can assess and resolve the issue. We expect you to report damaged or incorrect products within 24 hours of receiving the delivery.

 

Article 12 - Forward contracts: duration, termination and renewal

Termination

The consumer may terminate a contract concluded for an indefinite period for the regular supply of goods (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or the provision of services at any time at the end of the term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may amend the contracts in the manner set out in the preceding paragraphs:

Terminable at any time and not limited to a specific period;
Terminate the contract in at least the same way as it was concluded;
Always terminate with the same notice period as the entrepreneur himself has set.
Extension

A contract concluded for a fixed period and which extends to the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed period.

By way of derogation from the preceding paragraph, a contract concluded for a fixed period and which covers the regular supply of daily newspapers, news magazines and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer may terminate the renewed contract at the end of the renewal period with a notice period of no more than one month.


A contract concluded for a fixed period and relating to the regular supply of goods or the provision of services may only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract relates to the regular, but less than monthly, delivery of daily newspapers, news papers and weeklies and magazines.

A fixed-term contract for the regular delivery of daily newspapers, news papers and weeklies and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly extended and automatically terminates at the end of the trial or introductory period.

Duration

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless termination before the end of the agreed term is not possible in accordance with the principles of fairness and justice.

 

Article 13 - Payment

Unless otherwise agreed, the consumer shall pay his debt within 7 working days after the withdrawal period referred to in Article 6(1) has started to run. In the case of a contract for the provision of a service, this period starts to run after the consumer has received confirmation of the contract.

The consumer is obliged to immediately report any inaccuracies in the payment details provided or indicated to the entrepreneur.

If the consumer does not pay, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs notified in advance by the consumer.


Article 14 - Complaints procedure

Complaints about the performance of the contract must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has discovered the deficiencies.

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 an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.

A complaint does not waive the entrepreneur's obligations, unless the entrepreneur states otherwise in writing.

If a complaint is considered justified by the entrepreneur, the entrepreneur will, at its own discretion, replace or repair the delivered products free of charge.


Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.