General Terms and Conditions

General terms and conditions

ARTICLE 1 – DEFINITIONS

In these general terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or trader to store information addressed personally to him in a way that is future consultation and unaltered reproduction of the stored information is possible.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products and / or services to consumers at a distance;

Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance sales of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;

Technique for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur having come together in the same room at the same time.

General terms and conditions: the present general terms and conditions of the entrepreneur.

 

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Shop name: FashionLoaded
E-mail address: info@fashionloaded.com

 

ARTICLE 3 – APPLICABILITY

These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these General Terms and Conditions is 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 by the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 read electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these general terms and conditions will otherwise remain in force and the relevant provision will be replaced immediately by a provision that approximates as closely as possible to the purpose of the original.

Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.

Any ambiguity about the explanation or content of one or more provisions of our general terms and conditions must be interpreted in the spirit of these general terms and conditions.

 

ARTICLE 4 – THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the
consumer's offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All pictures, specifications and data in the offer are indicative and cannot lead to compensation or dissolution of the contract.

Pictures accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price, with the exception of the costs of customs clearance and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will claim the special postal and courier service arrangement with regard to imports. This arrangement applies when the goods are imported into the country of destination in the Union, which is also the case here. The postal and/or courier service collects the VAT (whether or not it is collected together with the invoiced customs clearance costs) from the recipient of the goods;
the possible shipping costs;
the way in which the agreement is concluded and what actions are required for this;
whether or not there is a right of withdrawal;
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 level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after it has been concluded and, if so, how it can be consulted by the consumer;
the way in which the consumer, prior to the conclusion of the contract, can check the data provided by him under the contract and, if necessary, restore it;
any other languages in which the agreement, in addition to Dutch, can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a duration transaction. Optional: available sizes, colours, type of materials.

 

ARTICLE 5 – THE AGREEMENT

Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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 may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can – within legal frameworks – inform himself 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, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or to reasonably demand or attach special conditions to the execution.

The entrepreneur sends the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  1. the visiting address of the entrepreneur's business establishment where the consumer can go with complaints;
  2. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. the information about guarantees and existing after-sales service;
  4. the information included in article 4, paragraph 3 of these general terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  5. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

ARTICLE 6 – RIGHT OF CANCELLATION

When purchasing products, the consumer has the option of cancelling the contract without giving reasons for 30 days. This cooling-off period begins on the day after the consumer or a representative designated in advance by the consumer and notified to the entrepreneur receives the product.

During the cooling-off period, the consumer will treat the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days of receipt of the goods. The consumer must make this known by means of a written message / e-mail. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, 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 THE EVENT OF A WITHDRAWAL

If the consumer exercises his right of withdrawal, the costs of returning the products are at the expense of the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received back by the webshop owner or conclusive proof of complete return can be submitted.

 

ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the
entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:

  1. that have been created by the entrepreneur in accordance with the consumer's specifications;
  2. that are clearly personal in nature;
  3. that by their nature cannot be returned;
  4. that can spoil or age quickly;
  5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software of which the consumer has broken the seal.
  8. for hygiene products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  1. accommodation, transport, restaurant or leisure activities to be performed on a specific date or during a specific period;
  2. the supply of which has begun with the express consent of the consumer before the cooling-off period has expired;
  3. in relation to betting and lotteries.

 

ARTICLE 9 – THE PRICE

During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that the prices quoted are indicative are stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

  1. they arise from statutory regulations or provisions; or
  2. The consumer has the right to terminate the contract with effect from the day the price increase takes effect.

The place of delivery is in the country where the transport begins, on the basis of Article 5, paragraph 1 of the Turnover Tax Act 1968. In the present case, this delivery is made outside the EU. Subsequently, the postal or courier service will collect the import sales tax or the customs clearance costs from the customer. Therefore, no VAT is charged by the entrepreneur.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.

The prices for products listed on our website include delivery costs, but exclude all fees, taxes, duties, levies or similar government levies (‘duty unpaid and untaxed’).

Any duties, fees, customs, taxes or other governmental charges and declarations for the import of the products to the delivery address are your responsibility and will be borne by you and are not included in the price of the products. For all deliveries, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. In addition to the shipping costs, these also include costs for customs duties or import sales tax, as the goods are shipped from a non-EU country (China). Our customer service team will be happy to clarify whether customs duties apply to a product before the order is placed. Customs duties or import sales tax are not paid by us and are to be borne by the buyer. Our goods are always shipped ‘duty unpaid and untaxed’. The buyer is the ‘importer of record’ and is responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods vary from country to country, please check your country's customs duties and import taxes before placing your order. The buyer is obliged to fully verify compliance with all laws and regulations of the importing country upon receipt of the goods.

 

ARTICLE 10 – CONFORMITY AND GUARANTEE

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, 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.

The guarantee does not apply if:
The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or have been handled contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
The inadequacy is wholly or partly the result of regulations that the government has set or will issue regarding the nature or quality of the materials used.

 

ARTICLE 11 – DELIVERY AND EXECUTION

The entrepreneur will take the greatest possible care when receiving and implementing orders for products.

The place of delivery is the address that the consumer has provided to the company.

With due observance of the provisions in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract at no cost and is entitled to compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the expense of the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative made known to the entrepreneur, unless otherwise expressly agreed.

 

ARTICLE 12 – TERM TRANSACTIONS: TERM, TERMINATION AND EXTENSION

Termination
The consumer may terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed-term, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may in the agreements mentioned in the previous paragraphs
at any time terminate and not be limited to termination at a specific time or in a specific period;
at least terminate in the same way as they entered into by him;
always terminate with the same notice period that the entrepreneur has stipulated for himself.


Extension
A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, a contract that has been concluded for a definite period and extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the agreed, but less than once a month, with daily, news and weekly newspapers and magazines.
A fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.


Expensive
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness resist termination before the end of the agreed term.

 

ARTICLE 13 – PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period in accordance with Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received the confirmation of the contract.
The consumer has the duty to report inaccuracies in the specified or specified payment data to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

 

ARTICLE 14 – COMPLAINT PROCEDURE

Complaints about the implementation of the contract must be submitted to the entrepreneur within 7 days, after the consumer has discovered the defects, fully and clearly described.

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.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge, at the entrepreneur's discretion.

 

ARTICLE 15 – DISPUTE

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are subject exclusively to Dutch law. Even if the consumer lives abroad.

 

ARTICLE 16 – SMS MARKETING

By agreeing to FashionLoaded's SMS marketing at checkout and initiating a purchase or signing up through our subscription tools, you agree to receive recurring SMS notifications (for your order, including reminders ), text marketing offers and transactional texts, including requests for reviews from us, even if your mobile number is on a state or federal do-not-call list. The frequency of messages varies. Consent is not a condition of purchase.

If you wish to opt out of receiving SMS marketing messages and alerts, reply STOP to any mobile message sent by us or use the unsubscribe link we provide in each of our messages. You understand and agree that alternative unsubscribe methods, such as using different words or requests, will not be considered a reasonable method to opt out. We do not charge for the Service, but you are responsible for any costs and fees your mobile service provider may charge for text messaging. Message and data rates may apply.

If you have any questions, please text HELP to the number you received the messages from. You can also contact us at https://fashionloaded.com/pages/contact for more information.

We reserve the right to change the telephone numbers or short numbers we use to operate the service at any time. You will be notified in such cases. You agree that messages you send to a telephone number or short code that we have changed, including STOP or HELP requests, may not be received, and we will not be liable for fulfilling requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for any failed, delayed or misdirected delivery of any information transmitted through the Service, for any errors in such information, and/or for any actions you take or fail to take in reliance on the information or Service.

Your right to privacy is important to us. Please review our Privacy Policy https://fashionloaded.com/pages/privacy-policy for information on how we collect and use your personal information.