General Conditions

GENERAL CONDITIONS LA VITRINE DE CAROLINE

Article 1. Definitions and applicability
1.1 On all offers, orders and agreements of La Vitrine de Caroline, these Terms and Conditions (hereafter: Conditions) apply, unless La Vitrine de Caroline in writing agrees with other conditions. From any deviations agreed, the customer cannot derive rights for future transactions.
1.2 The acceptance of an offer or the placing of an order implies that the applicability of these conditions is accepted.
1.3 Exceptions from these conditions can only be made in writing by La Vitrine de Caroline in which case the other provisions shall remain in force.

Article 2. Offers / agreements
2.1 Offers of La Vitrine de Caroline are non-binding. La Vitrine de Caroline reserves the right to change prices, especially when necessary on the basis of (legal) requirements.
2.2 An agreement is only complete after acceptance of the order by La Vitrine de Caroline. La Vitrine de Caroline is entitled to refuse orders or certain conditions to the delivery, unless otherwise specified. If an order is not accepted, La Vitrine de Caroline will inform the customer within two (2) business days after receipt of the order.

Article 3. Prices and Payment
3.1 The listed prices for the products are in EURO and excluding VAT. (VAT-profit arrangement for used products, art objects or collecters items and antiques). 
3.2 Shipping costs, including insurance costs, within The Netherlands are €7.75 for packages to 30 kilo's. For customers from countries other than the Netherlands the shipping costs depend on the destination country (see Shipping).
3.3 Following an order the customer will receive immediate confirmation via e-mail with the total cost, including the applicable shipping costs. Payment can be made by means of iDeal, credit card, Apple Pay and PayPal, but only after approval of the payment agent. You can also choose the option bank transfer. If you choose this, we reserve the right to cancel the order if we have not received the amount after three working days after the order has been placed.

Article 4. Delivery and shipping
4.1 We ship all orders within 3 business days after receipt of payment. Shipping is handled by PostNL (Dutch Royal Mail). The address indicated on your order confirmation is our shipping address. In case we are not be able to ship within 3 business days, the client will be informed through e-mail.
4.2 A delay in delivery does not entitle the customer to compensation of any damages, or annulment of the contract or non-fulfilment of any obligation imposed on him from this or any other related agreement.
4.3 The product should reach the customer within 30 days after shipping. If this does not happen, the customer can immediately undo the sale. This does not apply when parties have agreed on another delivery term.
4.4 Shipping of an order in parts is permitted.
4.5 We do our utmost to keep the website updated. However, we cannot avoid that unexpectedly a product is sold out. In this case we will contact you within one business day.

Article 5. Right of withdrawal
5.1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
5.2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
a. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
b. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
c. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.

Article 6 – Consumer’s obligations during the time of reflection
6.1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
6.2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
6.3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.

Article 7 – Exercising the Consumer’s right of withdrawal and the costs
7.1. If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the period of reflection.
7.2. The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
7.3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
7.4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
7.5. The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.

Article 8 – Entrepreneur’s obligations in case of withdrawal
8.1 If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
8.2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
8.3. The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
8.4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.  

Article 9. Liability
9.1 Any liability of La Vitrine de Caroline for all damages of any kind, directly or indirectly, including loss of profits, consequential damage to movable or immovable property or to any person, is specifically excluded.
9.2 La Vitrine de Caroline assumes no liability for any damage arising from the use of the products of La Vitrine de Caroline.
9.3 Any liability of La Vitrine de Caroline towards buyer cannot in any case exceed the invoiced amount that the buyer under the agreement relating to La Vitrine de Caroline is due.
9.4 For delays in transport and damage to orders, or not properly conveyed orders, La Vitrine de Caroline is not liable, unless and where there might be proof of intent or gross negligence of La Vitrine de Caroline. For misunderstandings and notices as a result of the use of the Internet or any other means of communication in the communication between client and La Vitrine de Caroline, La Vitrine de Caroline is not liable, unless and where there might be proof of intent or gross negligence of La Vitrine de Caroline.

Article 10. Force majeure
10.1 La Vitrine de Caroline has, in case of a force majeure, the right, at its opinion, to suspend or terminate the contract without judicial intervention. La Vitrine de Caroline will inform the client in writing. In this case La Vitrine de Caroline is not obliged to any compensation, unless standards of reasonableness and fairness determine otherwise.
10.2 Force majeure means any deficiency that cannot be blamed on La Vitrine de Caroline, because it is not due to its fault. Neither under Dutch law, nor based on generally accepted practice.

Article 11 - Privacy
All personal data disclosed to La Vitrine de Caroline will only be used for the handling of the order and will never be made available to third parties. La Vitrine de Caroline does not receive or store any credit card information on its computers and websites.

Article 12 – Complaints procedure
12.1. The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
12.2.  Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects
12.3. The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a  notice of receipt and an indication when the Consumer can expect a more detailed reply.

Article 13. Various
13.1 If you provide La Vitrine de Caroline in writing with an address, La Vitrine de Caroline is entitled to use that address for shipping of orders, unless and until you inform La Vitrine de Caroline in writing of another address to which your orders should be sent.
13.2 When La Vitrine de Caroline, over a shorter or longer period of time, whether or not implied, applies the conditions less strict, this does not exclude stricter compliance with these conditions on a later date.

Article 14.  Applicable law and jurisdiction
14.1 On all rights, obligations, offers, orders and agreements to which these conditions apply, as well as these conditions, only Dutch law applies.
14.2 All disputes between parties will only be submitted to the competent court in the Netherlands.