Terms & Conditions / Information | www.olivierfabrice.nl

GENERAL TERMS AND CONDITIONS

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Your obligations during the cooling-off period
Article 8 - Costs in case of withdrawal
Article 9 - Exclusion of the right of withdrawal
Article 10 - The price
Article 11 - Conformity and guarantee
Article 12 - Delivery and execution
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes

Article 1 - Definitions

In these terms and conditions, the following terms are understood to mean:

Cooling-off period: the period within which the consumer can use his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into an agreement at a distance with the trader;
Day: calendar day;
Durable data carrier: any means that enables the consumer or trader to store information that is addressed personally to him, in such a way that future consultation and unchanged reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to cancel the agreement at a distance within the cooling-off period;
Model form: the model form for withdrawal that the trader makes available for a consumer to fill in when he wants to use his right of withdrawal.
Trader: the natural or legal person who offers products and/or services at a distance to consumers;
Agreement at a distance: an agreement in which, within the framework of a system organized by the trader for the sale of products and/or services at a distance, only one or more techniques for distance communication are used up to and including the conclusion of the agreement;
Technique for distance communication: a means that can be used to conclude an agreement, without the consumer and trader being simultaneously present in the same place.
General terms and conditions: these general terms and conditions of the trader.

Article 2 - Identity of the trader

Jensen Investments
Van Nahuysweg 47, 8061 EZ Hasselt
Telephone number: 06 53 53 94 65
Email address: info@olivierfabrice.nl
Chamber of Commerce number: 01121345

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and orders between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in deviation from the previous paragraph and before the distance agreement is concluded, in such a way that it can be easily stored on a durable data carrier by the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
In the event that in addition to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs apply and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are fully or partially null and void or are destroyed, the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced promptly by mutual agreement by a provision that approaches the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be evaluated "in the spirit" of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our conditions must be explained "in the spirit" of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, they are an accurate representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indicative and cannot be the basis for compensation or termination of the agreement.
Images of products are an accurate representation of the products offered. The entrepreneur cannot guarantee that the displayed colors match the actual colors of the products exactly.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of shipping;
the manner in which the agreement will come into being and which actions are necessary for this;
whether or not the right of withdrawal applies;
the manner of payment, delivery and execution of the agreement;
the deadline for acceptance of the offer or the deadline within which the entrepreneur guarantees the price;
the height of the rate for communication at a distance if the costs of using the technology for communication at a distance are calculated on a basis other than the regular basic rate for the used communication means;
whether the agreement is archived after conclusion and if so, in what way it can be consulted by the consumer;
the way in which the consumer, before entering into the agreement, can check and if desired correct the data provided by him in the context of the agreement;
the possible other languages in which the agreement can be concluded, in addition to Dutch;
the codes of conduct to which the entrepreneur has subjected himself and the manner in which the consumer can consult these codes of conduct electronically.

Article 5 - The Agreement

The agreement shall come into force, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
If the consumer has accepted the offer by means of electronic communication, the trader shall promptly confirm receipt of the acceptance of the offer by electronic means. Until receipt of this acceptance has been confirmed by the trader, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures for the secure electronic transmission of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader shall take appropriate security measures.
The trader may, within legal frameworks, investigate whether the consumer can meet his payment obligations, as well as all the facts and factors that are relevant for entering into a distance contract in a responsible manner. If the trader has good reasons for not entering into the agreement on the basis of this investigation, he is entitled to refuse an order or request or to attach special conditions to the performance.
The trader shall, when delivering the product or service to the consumer, include the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the address of the trader's establishment where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. information on warranties and after-sales service;
d. the data included in paragraph 3 of Article 4 of these conditions, unless the trader has already provided this information to the consumer before the performance of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 14 days. This reflection period begins on the day after the consumer or a representative designated by the consumer and made known to the trader receives the product.
During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original state and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
When the consumer wishes to use his right of withdrawal, he is required to inform the trader within 14 days after receiving the product. The consumer must make this known using the model form. After the consumer has indicated that he wants to use his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods have been returned in time, for example by means of a proof of shipment.
If the customer has not made it known that he wishes to use his right of withdrawal or has not returned the product to the trader after the periods referred to in paragraphs 2 and 3 have elapsed, the sale is final.

Article 7 - Your obligations during the reflection period

During the reflection period, you must handle the product and packaging carefully. You may only unpack or use the product if it is necessary to determine the nature, characteristics, and functioning of the product. The starting point here is that you may only use and inspect the product as you would be allowed to do in a store.
If you do not handle the product carefully, as set out in paragraph 1, and the product is damaged as a result, you are liable for the decrease in value of the product.
You are not liable for a decrease in value of the product if we did not provide you with all the legally required information about the Right of Withdrawal before or at the time of the Sales Agreement.

Article 8 - Costs in case of revocation

If the consumer makes use of his right of revocation, the costs of returning the goods shall be borne by the consumer at most.

If the consumer has paid an amount, the entrepreneur shall repay this amount as soon as possible, but no later than 14 days after revocation, subject to the condition that the product has already been received back by the online retailer or conclusive evidence of complete return can be provided.

Article 9 - Exclusion of right of revocation

The entrepreneur can exclude the consumer's right of revocation for products as described in paragraphs 2 and 3. The exclusion of the right of revocation only applies if the entrepreneur has clearly indicated this in the offer, or in good time before the conclusion of the agreement.

Exclusion of the right of revocation is only possible for products:
a. produced by the entrepreneur according to the consumer's specifications;
b. that are clearly of a personal nature;
c. that cannot be returned due to their nature;
d. that can quickly deteriorate or become outdated;
e. the price of which is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
f. for hygiene products of which the consumer has broken the seal.

We will use the same payment method as you used for the repayment, unless you agree to another payment method. The repayment is free of charge for you.

If you have chosen a more expensive method of delivery than the cheapest standard delivery, we do not have to repay the additional costs for the more

Article 10 - The Price

During the validity period indicated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
Deviating from the previous clause, the entrepreneur can offer products or services whose prices are linked to fluctuations on the financial market and which the entrepreneur has no influence on, with variable prices. This link to fluctuations and the fact that any quoted prices are indicative prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typing errors. No liability will be accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 11 - Conformity and Warranty

The entrepreneur is responsible for ensuring that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force on the date of conclusion of the agreement. If agreed, the entrepreneur is also responsible for ensuring that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not prejudice 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 4 weeks of delivery. Return of the products must be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for individual use by the consumer or for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer repairs and/or modifies the delivered products themselves or has them repaired and/or modified by third parties;
The delivered products are exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging instructions;
The defectiveness is entirely or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.

Article 12 - Delivery and Performance

The entrepreneur will exercise the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery is the address communicated by the consumer to the company.
Taking into account what is mentioned in paragraph 4 of this article, the company will execute accepted orders within 5-7 working days for domestic shipments and 20-28 working days for international shipments, unless the consumer has agreed to a longer delivery term. If delivery is delayed or if an order can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned terms. Exceeding a term does not give the consumer the right to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will reimburse the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will strive to make a replacement item available. It will be clearly and understandably reported at the time of delivery 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 lies with the entrepreneur until delivery to the consumer or a representative previously designated and known to the entrepreneur, unless explicitly agreed otherwise.

Article 13 - Payment

The entrepreneur offers the following payment methods:

iDEAL
SOFORT
Bancontact

Article 14 - Complaints Procedure

The entrepreneur has a sufficient and well-publicized complaints procedure and handles the complaint in accordance with this procedure.
Complaints about the performance of the agreement must be submitted within 7 days, fully and clearly described, to the entrepreneur, after the consumer has detected the defects.
Complaints submitted to the entrepreneur will be answered within a term of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer must first turn to the entrepreneur. In case of complaints that cannot be resolved through mutual agreement, the consumer must turn to Stichting WebwinkelKeur (http://www.webwinkelkeur.nl), which will mediate free of charge. If a solution is still not reached, the consumer has the option of having his complaint handled by the independent dispute resolution commission appointed by Stichting WebwinkelKeur, the verdict of which is binding and both entrepreneur and consumer agree to this binding verdict. Presenting a dispute to this dispute resolution commission entails costs that must be paid by the consumer to the relevant commission. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur specifies otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her discretion, replace the delivered products free of charge.

Article 15 - Disputes

The agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.