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GENERAL TERMS AND 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, kvk 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 and who acts 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 only deviate from these terms and conditions 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 quoted by Cloé Maria Exclusives B.V. are in euros, inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
  2. All prices quoted by Cloé Maria Exclusives B.V. for its products or services, on its website or otherwise made known, may be changed by Cloé Maria Exclusives B.V. at any time.
  3. Increases in the cost prices of products or parts thereof, which Cloé Maria Exclusives B.V. could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
  4. The consumer has the right to terminate a contract as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples/Models

If the customer has received a sample or model of a product, he may not 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 client fails to pay within the agreed period, Cloé Maria Exclusives B.V. shall be entitled to charge interest of 1% per month from the day the client is in default, whereby part of a month shall be counted as a whole month.
  2. When the customer is in default, he shall also owe extrajudicial collection costs and any damages to Cloé Maria Exclusives B.V..
  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  4. If the customer fails to pay on time, Cloé Maria Exclusives B.V. may suspend its obligations until the customer has fulfilled its payment obligation.
  5. In the event 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 shall be immediately due and payable.
  6. If the customer refuses to cooperate in the execution of the agreement by Cloé Maria Exclusives B.V., he shall still be 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. shall be 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 means of a written or electronic communication.
  3. As soon as the customer has been informed of the invoked right of complaint, the customer must 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

  1. A consumer may dissolve an online purchase during a 14-day cooling-off period without giving reasons 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 customised or adapted specifically for the consumer
  • it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
  • the seal is still intact, if it is data carriers with digital content (DVDs, CDs, etc.)
  • the product is not a trip, transport ticket, catering order or form of leisure activity
  • the product is not a loose magazine or newspaper
  • It does not concern an (order for) urgent repair.
  • the consumer has not waived his right of withdrawal
  1. The 14-day cooling-off period as mentioned in paragraph 1 shall commence:
    • on the day after the consumer receives the last product or part of 1 order
    • as soon as the consumer has received the first product in a subscription
    • as soon as the consumer has purchased a service for the first time
    • once the consumer has confirmed that he is going to purchase digital content via the Internet
  2. The consumer can make his appeal to the right of withdrawal known at INFO@CLOEMARIA.NL, if desired using the withdrawal form that can be downloaded from the website of Cloé Maria Exclusives B.V., chloemaria.nl.
  3. The consumer is obliged to return the product to Cloé Maria Exclusives B.V. within 14 days after making his/her right of withdrawal known, failing which his/her right of withdrawal shall expire.
  4. The cost of returns will only be borne by Cloé Maria Exclusives B.V. if the entire order is returned.
  5. 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 of receiving the timely appeal 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 the performance of any obligation under this agreement.

Lien

  1. Cloé Maria Exclusives B.V. may invoke its right of retention and in that case retain products from the customer until the customer has paid all outstanding invoices to Cloé Maria Exclusives B.V., unless the customer has provided adequate security for those charges.
  2. The right of retention also applies on the basis of previous contracts 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 damage that the customer may suffer as a result of using its right of retention.

Settlement

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

Retention of title

  1. Cloé Maria Exclusives B.V. shall remain the owner of all products delivered until the customer has fulfilled all its payment obligations to Cloé Maria Exclusives B.V. under whatever contract concluded with Cloé Maria Exclusives B.V., including claims for failure to perform.
  2. Until that time, Cloé Maria Exclusives B.V. may invoke its retention of title and take back 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 agreement shall be deemed dissolved and Cloé Maria Exclusives B.V. shall be entitled to claim damages, lost profits and interest.

Delivery

  1. Delivery takes place while supplies last.
  2. Delivery takes place at Cloé Maria Exclusives B.V., unless the parties have agreed otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer.
  4. If the agreed amounts are not paid or not paid on time, Cloé Maria Exclusives B.V. shall be entitled to suspend its obligations until the agreed part is paid.
  5. Late payment shall constitute creditor default, with the result that the customer shall not be able to hold a late delivery against Cloé Maria Exclusives B.V.

Delivery time

  1. The delivery times quoted by Cloé Maria Exclusives B.V. are indicative and, if exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
  2. The delivery period begins when the customer has completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Cloé Maria Exclusives B.V..
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Cloé Maria Exclusives B.V. is unable to deliver within 14 days after being requested to do so in writing or if the parties have agreed otherwise.

Actual delivery

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

Transport costs

Transport costs are to be borne by the customer, unless the parties have agreed otherwise.

Packaging and shipping

  1. If the packaging of a product delivered has been opened or damaged, the customer must, before accepting delivery of the product, have the carrier or delivery person make a note of this, failing which Cloé Maria Exclusives B.V. cannot be held liable for any damage.
  2. If the customer is responsible for transporting a product, he/she must report any visible damage to the product or its packaging to Cloé Maria Exclusives B.V. prior to transport, failing which Cloé Maria Exclusives B.V. shall not be held liable for any damage.

Retention

  1. If the customer takes delivery of ordered products later than the agreed delivery date, the risk of a possible loss of quality shall be borne entirely by the customer.
  2. Any additional costs resulting from premature or late delivery 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 of damage caused by accidents, modifications made to the product, negligence or improper 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 shall pass to the customer at the moment at which they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

Exchange

  1. Exchanges are only possible if the following conditions are met:
  • exchanges take place within 14 days after purchase on 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
  1. Discounted items, non-perishable items such as food, custom-made items or items customized specifically for the customer and personalized products cannot be exchanged.

Indemnification

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

Complaints

  1. The customer must examine a product or service supplied by Cloé Maria Exclusives B.V. as soon as possible for any defects.
  2. If a product delivered or service rendered does not meet the expectations the customer may reasonably have under the agreement, the customer shall inform Cloé Maria Exclusives B.V. as soon as possible, but in any case within 1 month after discovery of the defects.
  3. Consumers should notify Cloé Maria Exclusives B.V. of any deficiencies no later than 2 months after they have been discovered.
  4. The customer shall give as detailed a description as possible of the shortcoming, 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 cannot in any case result in Cloé Maria Exclusives B.V. being obliged to perform work other than that agreed.

Default notice

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

Joint and several liability of the customer

If Cloé Maria Exclusives B.V. enters into an agreement with more than one customer, 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 of Cloé Maria Exclusives B.V.

  1. Cloé Maria Exclusives B.V. is only liable for any damage suffered by the customer if and to the extent that such damage was caused by intentional or deliberate recklessness.
  2. If Cloé Maria Exclusives B.V. is liable for any damage, it shall only be liable for direct damage arising from or related to 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 damage to third parties.
  4. If Cloé Maria Exclusives B.V. is liable, this liability shall be limited to the amount paid out by a (professional) liability insurance policy taken out and in the absence of (full) payment by an insurance company of the amount of the loss, the liability shall be limited to the (part of the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and apply only approximately and can not cause damages and / or (partially) dissolve the agreement and / or suspend any obligation.

Expiration

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

Right of rescission

  1. The customer shall be entitled to dissolve the agreement if Cloé Maria Exclusives B.V. fails imputably in the fulfillment of its obligations, unless, in view of its special nature or minor importance, this failure does not justify the dissolution.
  2. If the fulfillment of the obligations by Cloé Maria Exclusives B.V. is not permanently or temporarily impossible, dissolution can only take place after Cloé Maria Exclusives B.V. is in default.
  3. Cloé Maria Exclusives B.V. shall be entitled to dissolve the agreement with the customer if the customer fails to comply with his/her obligations under the agreement in full or on time, or if Cloé Maria Exclusives B.V. becomes aware of circumstances giving it good reason to fear that the customer will not be able to comply with his/her obligations properly.

Force Majeure

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure of Cloé Maria Exclusives B.V. to comply with any obligation with respect to the customer cannot be attributed to Cloé Maria Exclusives B.V. in a situation independent of the will of Cloé Maria Exclusives B.V., as a result of which the performance of its obligations with respect to the customer is prevented in whole or in part or as a result of which the performance of its obligations cannot reasonably be required of Cloé Maria Exclusives B.V.
  2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to -: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work stoppages.
  3. If a force majeure situation arises which prevents Cloé Maria Exclusives B.V. from fulfilling 1 or more obligations to the customer, these obligations will be suspended until Cloé Maria Exclusives B.V. is again able to fulfil them.
  4. From the moment a force majeure situation has lasted for at least 30 calendar days, either party may dissolve the agreement in writing in whole or in part.
  5. Cloé Maria Exclusives B.V. shall not be liable for any compensation or damages in a situation of force majeure, even if it enjoys any benefit as a result of the force majeure situation.

Modification of the Agreement

If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its contents, the parties shall adapt the agreement accordingly in good time and in mutual consultation.

Modification of general conditions

  1. Cloé Maria Exclusives B.V. shall be entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance may be made at any time.
  3. Major changes in content 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 substantial change in the general 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 is considered to be a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.
  2. A 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 drawing up the terms and conditions on that point.

Applicable law and competent court

  1. Any agreement between the parties shall be governed exclusively by Dutch law.
  2. The Dutch court in the district where Cloé Maria Exclusives B.V. has its registered office/practice is exclusively competent to take cognizance of any disputes between the parties, unless the law imperatively dictates otherwise.

Retrieved October 07, 2019.

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