TERMS AND CONDITIONS
These terms and conditions are based on the model of Stichting WebwinkelKeur.
Index
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of Withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes
Article 15 - Additional or deviating provisions
Article 1 - Definitions
In these conditions, the following definitions apply:
1.1 Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur.
1.2 Day: calendar day.
1.3 Duration of transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time.
1.4 Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that makes future consultation and unaltered re-production of the stored information possible.
1.5 Entrepreneur: the natural or statutory person who offers products and/or services to consumers at a distance.
1.6 Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used.
1.7 Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same room at the same time.
1.8 Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Unlabeled Archive
Westzeedijk 391Q
3024EK Rotterdam
The Netherlands
E-mail: unlabeledarchive@gmail.com
VAT identification number: NL004809390B67
Article 3 - Applicability
3.1 These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
3.2 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 can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3.3 If the distance contract is concluded electronically, by derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
3.4 In case the specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is most favourable to him.
3.5 If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, then the contract and these conditions remain intact and the concerning stipulation will be replaced by a provision that the intention of the original approaches as much as possible.
3.6 Situations that are not regulated in these general terms and conditions must be assessed 'to the spirit' of these general terms and conditions.
3.7 Obscurities about the explanation or content of one or more provisions of our terms and conditions, should be explained 'to the spirit' of these terms and conditions.
Article 4 - The offer
4.1 If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
4.2 The offer is without obligations. The entrepreneur is entitled to amend and adjust the offer.
4.3 The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to make a proper assessment of the offer possible by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4.4 All images, specifications and information in the offer are indicative and cannot lead to compensation or dissolution of the contract.
4.5 Products with images are a true reflection of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
4.6 Each offer contains such information that is clear to the consumer on what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the costs of shipping;
the way in which the contract will be concluded, and which acts are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the contract;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and repair it if necessary the contract can be concluded;
the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically.
Article 5 - The contract
5.1 The contract is, without prejudice to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the corresponding conditions.
5.2 If the consumer has accepted the offer electronically, the entrepreneur will 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 can dissolve the agreement.
5.3 If the contract is concluded electronically, the entrepreneur will take appropriate technical measures and organisational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
5.4 The entrepreneur can - within the legal frameworks - inform 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 contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, and he is entitled to at-tach special conditions to the execution.
5.5 Each contract is concluded under the suspensive conditions of sufficient availability of the products concerned.
5.6 Because we only have 1 piece of each item in stock, it may happen that the product is unexpectedly not available. If you have purchased this product and if it is no longer available, we will contact you immediately and refund the purchase amount immediately, no later then 2 days.
Article 6 - Right of withdrawal
6.1 The entrepeneur emphasizes that the consumer looks closely at the description of the items so the consumer knows what to expect regarding the condition and size of the products. The entrepeneur asks to be aware of the fact that items are pre-owned clothing and that it is therefore not in new condition. If items are unworn or have flaws, the entrepeneur will mention this in the description.
6.2 When purchasing products, the consumer has the option to return a product without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur. After cancellationthe consumer has another 14 days to return the product.
6.3 The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
6.3 Returns that have not been registered by the consuer cannot be processed.
6.5 All the items come with a sealed tag to prevent items from being worn and returned. Therefore, the conumer should only remove the seal once they are sure they want to keep the item. If the seal has been removed or the product is damaged or the packaging is damaged (more than is necessary to try the product), the entrepeneur is unable to handle the return or can deduct any reduction in value of the product.
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6.6 All original tags must still be attached to the garment(s). Be mindful of deodorant, makeup or perfume that may rub off, and beware of jewelry that may tear fabric.
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6.7 If the consumer exercises the right of withdrawal, the consumer should report the return by contacting us at unlabeledarchive@gmail.com within 14 days of receipt. The e-mail should include the buyers name, order number and the product wishing to return.
6.8 The consumer can return the item with all accessories supplied and in the original condition and packaging to:
Unlabeled Archive
Jules de Cortestraat 2
5751PR Deurne
The Netherlands
6.9 The entrepeneur emphasizes to send with a track & trace code, so there is a proof of shipment. Unlabeled Archive is not liable for any returns that are lost. The entrepeneur is also not responsible for returns that arrive damaged.
6.10 All international orders made from outside of the European Union must be declared as a gift or return when shipped back. In the event that this is not done, Unlabeled Archive will not be liable for any costs related to the shipment.
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6.11 If, after the expiry of the periods referred to in paragraphs 2, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
7.1 The consumer is responsible for arraging the transport of the return. When returning the item, always make sure that the consumers name and order number are added to the package. This way the entrepeneur can process the return better.
7.2 The costs for returning from the buyers home to the online store are at the expense of the consumer. These costs are approximately €7.50 per package within the Netherlands. Consult your carrier's website for the exact rates. If the consumer purchased multiple items and returns only part of the order, the shipping costs will not be refunded.
7.3 The entrepeneur will refund the order amount due, including one-off shipping costs, within 14 days after the product has been returned in good order.
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7.4 Refunds will be made in the same manner in which the payment was made, unless the consumer expressly consents to another payment method.
7.5 If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
7.6 The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.
Article 8 - Exclusion of right of withdrawal
8.1 The entrepreneur can exclude the consumer's right of withdrawal for products as described in article 6.5. If the returnseal has been removed or the product is damaged or the packaging is damaged (more than is necessary to try the product), we are unable to handle the return or deduct any reduction in value of the product.
Article 9 - The price
9.1 The prices mentioned in the offer include 0% VAT, since these are second hand.
9.2 All prices are subject to printing/ typing errors. No liability is accepted for the consequences of printing/ typing errors. In case of printing/ typing errors, the entrepreneur is not obliged to deliver the product at the mistaken price.
Article 10 - Conformity and Warranty
10.1 The entrepreneur guarantees that the products and/or services comply with the contract.
10.2 The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
Article 11 - Delivery and execution
11.1 The entrepreneur will take the most possible care when receiving and executing orders of products and when assessing applications for the provision of services.
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11.2 The entrepeneur try to ship orders 2 days a week, on Tuesday and Friday. The entrepeneur aims to send within 4 days.
11.3 The company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive a notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to a compensation.
11.4 The product prices quoted on the website do not include shipping costs. The entrepeneur sends all shipments via PostNL or UPS. The shipping costs depend on the specified address:
​The Netherlands: € 6.95
Belgium & Germany: €9.95
Other Europe: €14.95
Rest of the world: €24.95
Purchases above 1000 euros are not charged with shipping costs.
11.5 The entrepreneure always sends the shipment with a track and trace code. The date and time of delivery will be determined by PostNL or UPS. The entrepreneur cannot record this moment, but recommends to keep an eye on the track and trace code that the buyer you will receive by e-mail when you have placed the order.
11.6 All delivery terms are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to a compensation.
11.7 If the consumer have entered an incorrect address, please send an email to unlabeledarchive@gmail.com as soon as possible. The entrepeneur will then try to change the address for you with the carrier. The place of delivery is the address that the consumer has announced to the company. Unlabeled Archive is not responsible if the buyer has entered an incorrect address and the shipment could not been delivered as a result.
11.8 Shipments sent outside the European Union are subject to possible extra costs, for example import costs and customs costs. Unlabeled Archive is not responsible for these costs.
11.9 If the delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.
11.10 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative that is announced to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Payment
12.1 Payment of the goods will be fully paid, prior to sending the goods.
12.2 The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
12.3 In case of default by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs that were announced prior to the consumer.
Article 13 - Complaints procedure
13.1 The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaint’s procedure.
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13.2 In case of unmentioned damage the consumer can contact the entrepeneur via unlabeledarchive@gmail.com and mention the ordernumber and the product. The entrepeneur tries to describe items as accurate as possible and mention any flaws. The items will have a second quality check before it get’s send. In case something is missed, the consumer should mention this within 48 hours of receipt. The entrepeneur will compare the flaw with the images of the quality check. In case the entrepeneur missed to mention this flaw and the complaint is found to be well-founded by us, Unlabeled Archive is happy to assist with a free return and refund the full amount within 14 days after receiving the item. Return of the products must be in the original packaging and in the exact same condition as it was delivered in order to finalize the return.
13.3 Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
13.4 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 period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
13.5 If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
13.6 In case of complaints, a consumer must first turn to the entrepreneur. If there is not a solution found by then, the consumer has the opportunity to have his complaint dealt with by the arbitration committee appointed by Stichting WebwinkelKeur, the decision of this is binding and both entrepreneur and consumer must agree with this binding decision. There are costs associated with submitting a dispute to the arbitration committee that must be paid by the consumer to the relevant committee. It is also possible to file complaints via the European ODR platform.
13.7 A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
Article 14 - Disputes
14.1 Contracts 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.
14.2 The Vienna Convention on Contracts for the International Sale of Goods does not apply.
Article 15 - Additional or deviating provisions
Additional or deviating provisions from these terms and conditions may not be at the expense 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.