Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

Cooling-off period: the period during which the consumer can make use of their right of withdrawal; Consumer: a natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur; Day: calendar day; Continuous transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time; Durable medium: any means that enables the consumer or the entrepreneur to store personal information in a way that allows future consultation and unaltered reproduction.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period; Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance contract: a contract concluded in the context of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication.

Technology for communication at a distance: means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same space. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Claire Designer Bags
Hagenkampweg Noord 39, 5616 TD Eindhoven
Email address: info@clairedesignerbags.com
Chamber of Commerce number: 89940938

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated that the general terms and conditions are available for inspection at the entrepreneur and they will be sent free of charge to the consumer upon request as soon as possible. If the distance contract is concluded electronically, in deviation from 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 stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it shall be indicated where the general terms and conditions can be consulted 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 also apply, paragraphs two and three shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these conditions shall remain in force and the relevant provision shall be replaced by a provision agreed upon in mutual consultation as soon as possible, which approximates the intention of the original provision as closely as possible. Situations not regulated by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions shall 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 subject to conditions, this shall be explicitly stated in the offer. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions stipulated therein. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of 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 shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose. Within the framework of the law, the entrepreneur may inquire 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 grounds not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to its execution.

Article 6 – Right of withdrawal

For the delivery of products: In the case of the purchase of products, the consumer has the option to dissolve the contract without giving any reason for 14 days. This cooling-off period starts on the day after the consumer receives the product or a pre-designated representative of the consumer and made known to the entrepreneur. During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store. The consumer is only liable for the depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract. If the consumer makes use of his right of withdrawal, he shall report this to the entrepreneur within the cooling-off period by means of the model form for withdrawal or in another unambiguous manner. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 2, the consumer shall return the product, or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has returned the product in any case within the cooling-off period if he returns the product before the cooling-off period has expired. The consumer shall return the product with all delivered accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer. For services and digital content that is not delivered on a tangible medium: The consumer has the option to dissolve the contract without giving any reason for at least 14 days, commencing on the day of entering into the contract. In order to exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at the delivery. Article 7 - Costs in case of withdrawal. If the consumer makes use of his right of withdrawal, he shall be liable for no more than the costs of returning the product. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless expressly agreed otherwise.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract: Products or services for which the price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period; Contracts concluded during a public auction. A public auction is defined as a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, conducted by an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services; Service agreements, after full performance of the service, but only if: a. performance has begun with the explicit prior consent of the consumer; and b. the consumer has stated that he will lose his right of withdrawal once the entrepreneur has fully performed the contract; Packages for travel and leisure activities. The right of withdrawal only applies to products delivered in the unopened, undamaged, and original packaging. The right of withdrawal does not apply to services or digital content that is delivered electronically. Exclusion of the right of withdrawal is only possible for products: a. that have been created by the entrepreneur in accordance with the consumer's specifications; b. that are clearly of a personal nature; c. that cannot be returned due to their nature; d. that spoil or age quickly; e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence; f. for single newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: a. concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period; b. the delivery of which has started with the explicit prior consent of the consumer before the cooling-off period has expired; c. relating to bets and lotteries. Article 9 - The price

During the validity period mentioned 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. Notwithstanding the preceding paragraph, the entrepreneur may offer products or services at variable prices, where these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and: a. these are the result of statutory regulations or provisions; or b. the consumer has the authority to terminate the contract from the day the price increase takes effect. The prices mentioned in the range of products or services include VAT.

Article 10 – Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date of conclusion of the contract. The entrepreneur is not liable for any damage resulting from incorrect or improper use of the product by the consumer.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the company. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed, or only partially, the consumer will be informed about this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract without any costs and is entitled to any compensation. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the delivery, the entrepreneur will clearly and comprehensibly inform the consumer that a replacement item will be delivered. For replacement items right of withdrawal cannot be excluded. The costs of return shipments are for the account of the entrepreneur.

Article 12 – Continuing performance contract; duration, cancellation, and extension

Cancellation: The consumer can cancel a contract that has been concluded for an indefinite period and that extends to the regular delivery of products or services at any time, subject to the agreed cancellation rules and a notice period of up to one month. Duration: If a contract has a duration of more than one year, the consumer may cancel the contract at any time after one year, subject to a notice period of up to one month, unless reasonableness and fairness preclude termination before the end of the agreed duration. Extension: A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may not be tacitly renewed or extended for a certain period. If a contract has been concluded for a definite period and extends to the regular delivery of products or services, the contract will be tacitly renewed for an indefinite period of time after the agreed period has ended, subject to a notice period of up to one month, unless the consumer cancels the contract at the end of the agreed period with a notice period of no more than one month.

Article 13 – Payment

As far as no other date has been agreed upon, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

Article 14 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure. Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are subject only to Dutch law.

Thank you for sharing the terms and conditions. These terms and conditions outline the agreement between the consumer and the entrepreneur, defining the rights and obligations of both parties. Here's a summary:

1. Right of Withdrawal: Consumers can withdraw from the contract within a specified period, typically 14 days. This applies to goods, services, and digital content. Consumers must inform the entrepreneur within this period and return the product at their expense, unless the entrepreneur offers to collect it. Services or digital content delivered electronically are not refundable.

2. Exclusion of Right of Withdrawal: The right of withdrawal may be excluded for certain products and services, such as custom-made goods, perishable items, and products with broken seals.

3. Price and Compliance: Prices stated in the offer are valid for the specified period and cannot be increased unless otherwise mentioned. The entrepreneur guarantees that products and services comply with the contract and any legal provisions.

4. Delivery and Execution: The entrepreneur must execute orders promptly, within 30 days unless otherwise agreed. If the order cannot be executed or delivery is delayed, the consumer has the right to dissolve the contract without costs. The entrepreneur may offer a replacement item in certain cases.

5. Continuing Performance Contract: Contracts for indefinite periods can be canceled with a notice period, while contracts with a duration of more than a year may be canceled after one year. Tacit renewal or extension of contracts is not allowed unless agreed upon.

6. Payment: Consumers must pay amounts owed within 14 days, starting from the cooling-off period or confirmation of the agreement.

7. Complaints Procedure: The entrepreneur must have a publicized complaints procedure and handle complaints accordingly.

8. Disputes: Contracts between the entrepreneur and the consumer are governed by Dutch law.

It's important for consumers to carefully read and understand these terms and conditions before entering into a contract.