General conditions

Definitions

1. Cloé Maria Exclusives B.V.: Cloé Maria Exclusives B.V., located at Debbemeerstraat 25, 2131 HE Hoofddorp, telephone: +31 (0) 23 568 0000, Chamber of Commerce number: 81643306, VAT number: NL862167474B01.
2. Customer: the person with whom Cloé Maria Exclusives B.V. has entered into an agreement.
3. Parties: Cloé Maria Exclusives B.V. and customer together.
4. Consumer: a customer who is also an individual acting as a private person.

 

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Cloé Maria Exclusives B.V..
2. The parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
3. The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.

 

Prices

1. All prices used by Cloé Maria Exclusives B.V. are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless otherwise expressly stated or agreed upon.
2. All prices on that Cloé Maria Exclusives B.V. uses for its products or services, on its website or otherwise made known, Cloé Maria Exclusives B.V. may change at any time.
3. Increases in cost prices of products or parts thereof, which Cloé Maria Exclusives B.V. could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement due to a price increase as referred to in paragraph 3, unless the increase is due to a statutory regulation.
5. If you wish to use a discount voucher, only 1 voucher may be used per order.

 

Samples/models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

 

Consequences of not paying on time

1. If the customer does not pay within the agreed period, Cloé Maria Exclusives B.V. is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted as a whole month.
2. If the customer is in default, he will also owe extrajudicial collection costs and possible damages to Cloé Maria Exclusives B.V..
3. Collection costs are calculated according to the Compensation for Extrajudicial Collection Costs Decree.
4. If the customer fails to pay on time, Cloé Maria Exclusives B.V. may suspend its obligations until the customer has fulfilled his payment obligation.
5. In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Cloé Maria Exclusives B.V. on the customer are due immediately.
6. If the customer refuses to cooperate in the implementation of the contract by Cloé Maria Exclusives B.V., he is still obliged to pay the agreed price to Cloé Maria Exclusives B.V..

 

Right of advertising

1. As soon as the customer is in default, Cloé Maria Exclusives B.V. is entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.
2. Cloé Maria Exclusives B.V. invokes the right of complaint by written or electronic communication.
3. Once the customer is informed of the invoked right of complaint, the customer shall immediately return the products to which this right relates to Cloé Maria Exclusives B.V., unless the parties agree otherwise.
4. The cost of retrieving or bringing back the products shall be borne by the customer.

 

Right of Withdrawal

A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:

• the product has not been used
• it is not a product that can spoil quickly, such as food or flowers
• it is not a product that has been customized or adapted specifically for the consumer
• it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.).
• the seal is still intact, if they are data carriers with digital content (DVDs, CDs, etc.)
• the product is not a trip, transportation ticket, catering order or form of leisure activity
• the product is not a loose magazine or loose newspaper
• it does not involve (order for) emergency repair
• the consumer has not waived his right of withdrawal

 

The 14-day cooling-off period mentioned in paragraph 1 begins:

• on the day after the consumer receives the last product or part of 1 order
• once the consumer has received the first product with a subscription
• once the consumer has acquired a service for the first time
• once the consumer has confirmed that he will purchase digital content over the Internet

 

1. The consumer can make his appeal to the right of withdrawal via INFO@CLOEMARIA.NL, if desired using the withdrawal form that can be downloaded from the website of Cloé Maria Exclusives B.V., chloemaria.nl.
2. The consumer is obliged to return the product to Cloé Maria Exclusives B.V. within 14 days after making known his right of withdrawal, failing which his right of withdrawal expires.
3. The cost of returns will be borne by Cloé Maria Exclusives B.V. only if the entire order is returned.
4. If the purchase cost and any other costs (such as shipping and return costs) are eligible for reimbursement under the law, Cloé Maria Exclusives B.V. will refund these costs to the consumer within 14 days after receipt of the timely invocation of the right of withdrawal, provided that the consumer has returned the product to Cloé Maria Exclusives B.V. in a timely manner.

 

Suspension right

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

 

Lien

1. Cloé Maria Exclusives B.V. may invoke its right of retention and in that case hold products of the customer, until the customer has paid all outstanding bills against Cloé Maria Exclusives B.V., unless the customer has provided adequate security for those costs.
2. The lien also applies on the basis of previous agreements from which the customer still owes payments to Cloé Maria Exclusives B.V..
3. Cloé Maria Exclusives B.V. shall never be liable for any damages the customer may suffer as a result of exercising his right of retention.

 

Settlement

Unless the customer is a consumer, the customer waives his right to set off any debt to Cloé Maria Exclusives B.V. against any claim against Cloé Maria Exclusives B.V.

 

Retention of title

1. Cloé Maria Exclusives B.V. remains the owner of all products delivered until the customer has fully satisfied all of his payment obligations to Cloé Maria Exclusives B.V. under whatever agreement entered into with Cloé Maria Exclusives B.V., including claims for failure to perform.
2. Until such time, Cloé Maria Exclusives B.V. may invoke its retention of title and repossess the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Cloé Maria Exclusives B.V. invokes its retention of title, the contract shall be deemed dissolved and Cloé Maria Exclusives B.V. shall be entitled to claim damages, lost profits and interest.

 

Delivery

1. Delivery will take place while supplies last.
2. Delivery will take place at Cloé Maria Exclusives B.V., unless the parties have agreed otherwise.
3. Delivery of products ordered online is made to the address specified by the customer.
4. If the agreed amounts are not paid or not on time, Cloé Maria Exclusives B.V. has the right to suspend its obligations until the agreed part is still paid.
5. Late payment constitutes creditor default, with the consequence that the customer cannot hold a late delivery against Cloé Maria Exclusives B.V..

 

Delivery time

1. The delivery times given by Cloé Maria Exclusives B.V. are indicative and if exceeded shall not entitle the customer to rescission or damages, unless the parties have expressly agreed otherwise in writing.
2. The delivery period begins when the customer has fully completed the (electronic) ordering process and has received a (electronic confirmation) thereof from Cloé Maria Exclusives B.V..
3. Exceeding the specified delivery time gives the customer no right to compensation nor the right to dissolve the contract, unless Cloé Maria Exclusives B.V. can not deliver within 14 days after being reminded in writing or the parties have agreed otherwise.

 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.

 

Transportation costs

Transportation costs shall be borne by the customer unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product has been opened or damaged, then the customer, before taking delivery of the product, should have a note made of this by the forwarder or delivery driver, failing which Cloé Maria Exclusives B.V. can not be held liable for any damages.
2. If the customer himself takes care of transportation of a product, he must report any visible damage to products or packaging prior to transportation to Cloé Maria Exclusives B.V., failing which Cloé Maria Exclusives B.V. can not be held liable for any damages.

 

Retention

1. If the customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
2. Any additional costs resulting from premature or late purchase of products will be borne entirely by the customer.

 

Warranty

1. The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

 

Exchange

Exchanges are possible only if the following conditions are met:

• exchanges are made within 14 days of purchase upon presentation of the original invoice
• the product is returned in its original packaging or with the original (price) tags still attached
• the product has not been used yet

 

Discounted items, non-perishable items such as food items, customized items or items specially adapted for the customer and personalized products cannot be exchanged.

 

Indemnification

The customer indemnifies Cloé Maria Exclusives B.V. against all claims of third parties related to the products and / or services provided by Cloé Maria Exclusives B.V..

 

Complaints

1. The customer shall examine a product delivered or service rendered by Cloé Maria Exclusives B.V. for any shortcomings as soon as possible.
2. Does a delivered product or service not meet what the customer could reasonably expect from the agreement, then the customer should Cloé Maria Exclusives B.V. as soon as possible, but in any case within 1 month after discovery of the shortcomings, to notify.
3. Consumers should notify Cloé Maria Exclusives B.V. no later than 2 months after the discovery of the deficiencies.
4. The customer shall provide as detailed a description of the shortcoming as possible, so that Cloé Maria Exclusives B.V. is able to respond adequately.
5. The customer must show that the complaint relates to an agreement between the parties.
6. If a complaint relates to work in progress, this can in no case lead to Cloé Maria Exclusives B.V. being held to perform other work than agreed upon.

 

Notice of default

1. The customer shall give notice of default in writing to Cloé Maria Exclusives B.V..
2. It is the responsibility of the customer that a notice of default actually reaches Cloé Maria Exclusives B.V. (in a timely manner).

 

Joint and several liability customer

If Cloé Maria Exclusives B.V. enters into an agreement with multiple customers, each of them shall be jointly and severally liable for the full amounts they owe to Cloé Maria Exclusives B.V. under that agreement.

 

Liability Cloé Maria Exclusives B.V.

1. Cloé Maria Exclusives B.V. shall only be liable for any damage suffered by the customer if and to the extent such damage was caused by intent or deliberate recklessness.
2. If Cloé Maria Exclusives B.V. is liable for any damages, it shall only be liable for direct damages arising out of or in connection with the performance of an agreement.
3. Cloé Maria Exclusives B.V. is never liable for indirect damages, such as consequential damages, lost profits, lost savings or damages to third parties.
4. If Cloé Maria Exclusives B.V. is liable, this liability shall be limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the amount of damage, the liability is limited to the (portion of the) invoice amount to which the liability relates.
5. All illustrations, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Due date

Any right of the customer to compensation from Cloé Maria Exclusives B.V. expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

 

Right of rescission

1. The customer has the right to dissolve the agreement when Cloé Maria Exclusives B.V. imputably fails to fulfill its obligations, unless such failure, given its special nature or minor importance, does not justify the dissolution.
2. If the fulfillment of the obligations by Cloé Maria Exclusives B.V. is not permanently or temporarily impossible, then dissolution can only take place after Cloé Maria Exclusives B.V. is in default.
3. Cloé Maria Exclusives B.V. has the right to dissolve the agreement with the customer, if the customer does not fully or timely comply with its obligations under the agreement, or if Cloé Maria Exclusives B.V. has knowledge of circumstances that give him good reason to fear that the customer will not be able to properly fulfill its obligations.

 

Force majeure

1. In addition to the provisions of Article 6:75 of the Civil Code, a shortcoming of Cloé Maria Exclusives B.V. in the fulfillment of any obligation to the customer can not be attributed to Cloé Maria Exclusives B.V. in a situation independent of the will of Cloé Maria Exclusives B.V., which prevents the fulfillment of its obligations to the customer in whole or in part or as a result of which the fulfillment of its obligations can not reasonably be required of Cloé Maria Exclusives B.V..
2. The force majeure situation mentioned in paragraph 1 also includes - but is not limited to - the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work interruptions.
3. If a force majeure situation arises so that Cloé Maria Exclusives B.V. can not fulfill 1 or more obligations to the customer, then those obligations will be suspended until Cloé Maria Exclusives B.V. can fulfill them again.
4. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may rescind the agreement in writing in whole or in part.
5. Cloé Maria Exclusives B.V. is in a force majeure situation not due any (damage) compensation, even if it enjoys any advantage as a result of the force majeure situation.

 

Modification of the agreement

If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall promptly and by mutual agreement adjust the agreement accordingly.

 

Modification of general terms and conditions

1. Cloé Maria Exclusives B.V. is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance may be made at any time.
3. Major substantive changes will be discussed by Cloé Maria Exclusives B.V. with the customer in advance as much as possible.
4. Consumers are entitled to terminate the contract in the event of a material change in the general terms and conditions.

 

Transfer of Rights

1. Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Cloé Maria Exclusives B.V..
2. This provision counts as a clause with property law effect as referred to in Article 3:83, paragraph 2, Civil Code.

 

Consequences of nullity or voidability

1. Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
2. Any provision that is void or voidable shall in that case be replaced by a provision that comes closest to what Cloé Maria Exclusives B.V. had in mind when drafting the terms and conditions on that point.

 

Applicable law and competent court

1. Any agreement between the parties shall be governed exclusively by the laws of the Netherlands.
2. The Dutch court in the district where Cloé Maria Exclusives B.V. is located/practicing/office is exclusively competent to take cognizance of any disputes between the parties, unless otherwise required by mandatory law.

 

Retrieved October 07, 2019.