Terms and Conditions
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, always indicated with a capital letter, are used in the following meaning.
- Charlotte Wooning: the user of these general terms and conditions, located at Hoogstraat 8-A, 3011PN in Rotterdam, registered in the Trade Register under Chamber of Commerce number 67758991.
- Consumer: any natural person, not acting in the exercise of a profession or business, with whom Charlotte Wooning has concluded or intends to conclude an Agreement.
- Parties: Charlotte Wooning and the Consumer jointly.
- Agreement: any purchase agreement concluded between the Parties through the ordering process on the Website, within the framework of which Charlotte Wooning has committed itself towards the Consumer, at a price agreed upon further, to deliver Products.
- Website: charlottewooning.com.
- Products: all items to be delivered by Charlotte Wooning to the Consumer within the framework of the Agreement, including, but not limited to, jewelry.
- Written: communication in writing, communication by e-mail or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.
ARTICLE 2. | GENERAL PROVISIONS
- These general terms and conditions apply to every offer from Charlotte Wooning, as disclosed on the Website, and to every Agreement that has been concluded.
- Annulment or nullity of one or more of the provisions of these general terms and conditions does not affect the validity of the other provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected clause. In doing so, the purpose and intent of the original provision will be taken into account as much as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
- Any offer from Charlotte Wooning is without obligation and is subject to sufficient availability of the Products offered.
- The Consumer cannot derive any rights from an offer from Charlotte Wooning that contains an obvious error or mistake.
- Without prejudice to the provisions of paragraph 1, the Agreement is concluded at the moment that the offer from Charlotte Wooning has been accepted by the Consumer in the appropriate manner. Charlotte Wooning will then confirm the order to the Consumer by e-mail, without prejudice to the provisions of paragraph 1.
ARTICLE 4. | RIGHT OF DISSOLUTION
- Subject to the provisions of the rest of this article and in particular the provisions of the following paragraph, the Consumer may dissolve the Agreement in whole or in part up to 30 days after the Products have been received by or on behalf of him, without stating reasons.
- The Consumer has no right of dissolution in the event of:
- Products manufactured to specifications of the Consumer which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person;
- the delivery of Products in respect of which the right of dissolution is otherwise excluded or does not apply pursuant to Section 6.5.2B of the Dutch Civil Code.
- The Consumer can dissolve the Agreement by submitting a request to Charlotte Wooning by e-mail or by using the model withdrawal form offered by Charlotte Wooning. As soon as possible after Charlotte Wooning has been notified of the Consumer's intention to dissolve the Agreement and if the conditions of this article have been met, Charlotte Wooning will confirm the dissolution of the Agreement by e-mail.
- During the period referred to in paragraph 1, the Products to be returned and their packaging must be handled with care. The Consumer may only handle and inspect the Products to the extent necessary to assess the nature and characteristics of the Products. The basic principle here is that the Products may only be handled and inspected as would be allowed in a physical store.
- If the Consumer exercises the right of dissolution, he will return the Products to Charlotte Wooning undamaged, with all accessories supplied and in the original condition and packaging.
- The Consumer is liable for any decrease in value of the Products that is the result of a way of dealing with the Products that goes beyond what is permitted under paragraph 4. Charlotte Wooning is entitled to charge this decrease in value to the Consumer, whether or not by to set off this depreciation against the payment already received from the Consumer.
- Return of the relevant Products must take place within 14 days after the Consumer has invoked the right of termination in accordance with paragraph 3.
- If the Consumer makes use of the right of dissolution, the costs of returning the Products will be borne by the Consumer.
- Charlotte Wooning will refund the payment received from the Consumer, minus any depreciation as referred to in paragraph 6, to the Consumer as soon as possible, but no later than 14 days after the termination of the Agreement, provided that the Products have been received back by Charlotte Wooning, then it has been demonstrated by the Consumer that the Products have actually been returned. Charlotte Wooning is not obliged to reimburse the additional costs if the Consumer has expressly opted for a method other than the least expensive standard delivery method offered by Charlotte Wooning.
ARTICLE 5. | DELIVERY OF THE PRODUCTS & DELIVERY TIMES
- The delivery of the Products takes place at the agreed place and manner. In case of delivery, delivery takes place at the delivery address specified by the Consumer.
- Charlotte Wooning reserves the right to deliver orders in parts. In that case, the possible reflection period of the Consumer in connection with the right of dissolution as referred to in Article 4 only starts at the moment that the last partial delivery from the order has been received by or on behalf of the Consumer.
- The risk of loss and damage to the Products transfers to the Consumer at the moment that the Products have been received by or on behalf of the Consumer.
- Charlotte Wooning makes every effort to comply with the delivery term agreed between the Parties. However, all delivery times stated by Charlotte Wooning can only be regarded as indicative, non-fatal terms. In the event of an (expected) delayed delivery, Charlotte Wooning will make every effort to inform the Consumer by e-mail as soon as possible. The default of Charlotte Wooning will not take effect until after the Consumer has given Charlotte Wooning written notice of default, in which notice of default is stated a reasonable term within which Charlotte Wooning can still fulfill its delivery obligation and the fulfillment thereof can still be fulfilled after the expiry of the latter term. has failed to materialize.
- If the agreed delivery period is exceeded, the Consumer is never entitled to refuse to accept the Products to be delivered and to fulfill the other obligations under the Agreement.
- If Charlotte Wooning incurs additional costs as a result of a circumstance attributable to the Consumer, for example in connection with multiple delivery attempts, these costs will additionally be borne by the Consumer.
ARTICLE 6. | CONFORMITY
- Charlotte Wooning guarantees that the Products comply with the Agreement and thus have those properties that are necessary for normal use (conformity). Any warranty provided by Charlotte Wooning, manufacturer or importer does not affect the mandatory legal rights and claims that the Consumer can assert against Charlotte Wooning.
- The Consumer's right to lodge a claim or defense in connection with the existence of a defect in a Product lapses if no complaint has been lodged with Charlotte Wooning within two months after discovery of the defect.
- No grounds for complaints and claims under warranty or non-conformity are defects of Products as a result of an external cause after delivery or as a result of another circumstance that cannot be attributed to Charlotte Wooning. This does not include, but is not limited to, defects as a result of damage, natural wear and tear, war damage, incorrect or injudicious treatment, incorrect or injudicious use and the making of changes to the delivered goods, including repairs or other repairs that have not been carried out with prior In Writing. with the consent of Charlotte Wooning.
- Subject to the provisions of Article 4, products can never be returned without Charlotte Wooning's prior Written permission.
ARTICLE 7. | FORCE OF THE MAJORITY
- Charlotte Wooning is not obliged to fulfill any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it by virtue of the law, a legal act or generally accepted views (force majeure). In addition to what is understood in the law and jurisprudence, force majeure includes errors or shortcomings of suppliers of Charlotte Wooning, transport difficulties, epidemics, pandemics, disease, fire, measures taken by any government, violent or armed actions, disruptions in communication connections or in equipment or software of Charlotte Wooning or third parties.
- If the force majeure situation makes the fulfillment of the Agreement permanently impossible, the Parties are entitled to dissolve the Agreement with immediate effect.
- If Charlotte Wooning has already partially fulfilled its delivery obligations at the commencement of the force majeure situation, or can only partially fulfill its delivery obligations, it is entitled to separately invoice the part already delivered or the part that can still be delivered, respectively, as if there were of an independent Agreement.
- Without prejudice to the application of the previous paragraph, damage as a result of force majeure is never eligible for compensation.
ARTICLE 8. | PRICES & PAYMENTS
- Before the Agreement is concluded, the total price is stated, including VAT and any delivery costs.
- Payment must be made to one of the payment methods designated by Charlotte Wooning. In the event of payment in advance, Charlotte Wooning is not obliged to deliver the Products until after the Consumer has paid the amount owed by him to Charlotte Wooning.
- If timely payment is not made, the Consumer will be in default by operation of law. From the day that the Consumer's default occurs, the Consumer owes the statutory interest applicable at that time on the outstanding amount.
- All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain amounts owed by the Consumer, are for the account of the Consumer, one other person in accordance with the Collection Costs Act.
ARTICLE 9. | LIABILITY
- The Consumer bears the damage caused by inaccuracies or incompleteness in the information provided by him. Furthermore, the Consumer bears the damage caused by a shortcoming in the fulfillment of the Consumer's obligations arising from the law or the Agreement, as well as another circumstance that cannot be attributed to Charlotte Wooning.
- Charlotte Wooning's liability is limited to a maximum of the invoice value of the Agreement, or at least to that part of the Agreement to which Charlotte Wooning's liability relates, on the understanding that this limitation does not extend beyond what is permitted under Article 7:24 paragraph. 2 of the Civil Code.
ARTICLE 10. | COMPLAINT POLICY
- Complaints regarding the implementation of the Agreement must be submitted to Charlotte Wooning within a reasonable time, fully and clearly described, by e-mail ( email@example.com ).
- Complaints submitted to Charlotte Wooning will be answered within a period of fourteen days after receipt. If a complaint or question requires a longer processing time, an answer will be given within the period of fourteen days with a confirmation of receipt and an indication of when the Consumer can expect a more detailed answer.
- If a complaint from the Consumer cannot be resolved by mutual agreement, the Consumer can submit the dispute to the disputes committee via the ODR platform ( europa.eu/consumers/odr/ ).
ARTICLE 11. | FINAL PROVISIONS
- All Products delivered by Charlotte Wooning to the Consumer remain the property of Charlotte Wooning until the Consumer has fulfilled all his payment obligations in this regard.
- Only Dutch law applies to each Agreement and all legal relationships arising from it between the Parties.
- The parties will not appeal to the court until they have made the best possible effort to settle the dispute in mutual consultation.