La Maison Nouvelle
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 – Rights of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion right of withdrawal
Article 9 - The price
Article 10 - Compliance and Warranty
Article 11 - Delivery and implementation
Article 12 - Duration Transactions
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Amendments to the General Conditions La Nouvelle Maison
In these conditions apply: Grace period: The period during which the consumer can exercise his right of withdrawal; Consumer: the person not acting in the exercise of professional or business and a distance contract with the entrepreneur; Day: calendar; Transaction Duration: a distance contract concerning a series of products and / or services, the supply and / or purchase spread over time is; Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that will enable future consultation and unaltered reproduction of the stored information possible. Right of withdrawal: the ability for consumers to see within the waiting period of the contract; Entrepreneur: the natural or legal person who is a member of the Dutch Home Shopping Organization and offers products and / or services to consumers; Distance contract means an agreement in the context of a distance selling system organized by the entrepreneur of products and / or services until the conclusion of the agreement exclusive use of one or more means of distance communication; Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room.
Article 1 - Definitions
1.1 La Nouvelle Maison is an online store that specializes in selling custom & 100% handmade lingerie, nightwear to consumers.
Article 2 - Identity of the entrepreneur
2.1 La Maison Nouvelle is acting under the name La Maison Nouvelle
Coninckstraat 24B 3811 WJ Amersfoort
Tel: + 31 6 3414 5062
Registration number: 603 00 418
BTW NL 1257 67 201 B01
ARTICLE 3 - Applicability
3.1 These terms and conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
3.2 Before the distant contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the contract is concluded at a distance, indicate that the general conditions for the entrepreneur to see and be sent free of charge as soon as possible at the request of the consumer can be displayed in both digital form and by sending an email
3.3 If the distant contract is concluded electronically, notwithstanding the previous paragraph and before the contract is concluded at a distance, the text of these terms and conditions electronically will be made available to the consumer in such a way that the consumer in a simple way can be stored on a durable data storage medium. If this is not reasonably possible, before the distance contract is closed, we will indicate where to be aware of the general conditions electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
3.4 In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision, whereby most is favorable for him.
ARTICLE 4 - The offer
4.1 If an offer is of limited duration and / or subject to other conditions, it is explicitly stated in the offer.
4.2 The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images as a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
4.3 Each offer contains information that is clear to the consumer what rights and obligations are connected to accepting the offer. This concerns in particular: - the price including taxes; - The possible cost of delivery; - The manner in which the agreement will be achieved and what actions they require; - To apply whether or not the right of withdrawal; - The method of payment, delivery or performance of the contract; - The deadline for accepting the offer, or the deadline for adhering to the price; - The height of the amount for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular fare for the means of communication; - If the contract is filed after conclusion, and if so, how this can be accessed by the consumer; - The way the consumer to conclude the agreement can check the information provided by him under the contract and repair if necessary; - Any other languages, including Dutch, the contract may be entered; - The conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and- the minimum duration of the distance contract in the event of an extended transaction.
ARTICLE 5 - The contract
5.1 The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meets the corresponding conditions.
5.2 If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
5.3 If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
5.4 The entrepreneur can - within the law - inform or the consumer can meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in order not to enter into the agreement, he is entitled to refuse or to attach special conditions to implement an order or request.
5.5 The entrepreneur will provide the product or service to the consumer with the following information in writing or in such a way that it can be stored in an accessible manner to the consumer on a durable medium to send: a. The address of the establishment of the business where consumers can lodge complaints; b. the conditions and how the consumer can exercise the rights of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about guarantees and after sales service; d. the data included in article 4 paragraph 3 of these conditions, unless the operator has already provided this information to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
ARTICLE 6 – Rights of withdrawal by delivering products:
6.1 When purchasing products, the consumer can terminate the contract without giving reasons, during at least fourteen days after receiving the producr. This period ends on the day following receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.
6.2 During this period the consumer will treat the product and packaging carefully and return it as new. He will only unpack or use the product as necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he will returnthe product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, according to the trader provided reasonable and clear instructions. When providing services:
6.3 In providing services, the Consumer has the option to terminate the agreement without giving reasons, during at least fourteen days, starting on the day of entering into the agreement.
6.4 In order to exercise his right of withdrawal, the consumer focuses on the trader to supply and / or appear on delivery to area provided reasonable and clear instructions.
ARTICLE 7 - Costs in case of withdrawal
7.1 If the consumer exercises his right of withdrawal, she will not exceed the cost of return shipping cost.
7.2 If the consumer has paid an amount, the entrepreneur will return this amount as soon as possible but no later than 30 days after the return or cancellation, refund.
ARTICLE 8 - Exclusion of right of withdrawal
8.1 The operator may exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader clarifies this in the offer, at least in time for the conclusion of the agreement stated.
8.2 Exclusion of the right of withdrawal is only possible for products: that have been created by the trader in accordance with specifications of the consumer;.. b. that are clearly personal in nature; c. that can not be returned because of their nature; d. that spoil or become obsolete; e. whose price depends on fluctuations in the financial market over which the trader has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software that the consumer has broken the seal.
8.3 Exclusion of the right of withdrawal is possible for services: a on accommodation, transport, catering or leisure services on a certain date or during a given period. b. whose delivery with the express consent of the consumer before the period has expired; c. on betting and lotteries.
ARTICLE 9 - The price
9.1 During the period mentioned in the offer prices have not increased of the products and / or services, except for price changes resulting from changes in tax rates.
9.2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
9.3 Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
9.4 Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and: they are the result of legislation or regulations;. orb. the consumer has the right to terminate the agreement as of the date the increase takes effect.
9.5 The supply of products or services mentioned prices include VAT.
ARTICLE 10 - Compliance and Warranty
10.1 The operator guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing legal provisions on the date of the conclusion of the contract and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
10.2. By the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may invoke under the contract against the trader.
ARTICLE 11 - Delivery and implementation
11.1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for services. 2. The place of delivery is the address that the consumer makes known to the company. 3. Subject to what is stated in Article 4 of these terms and conditions, the company accepted orders expeditiously within 30 days unless a longer delivery period. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case has the right to terminate the contract without penalty and be entitled to any compensation. 4. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 30 days after repudiation. 5. If the delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement article. By the delivery will be that a replacement item is delivered in a clear and comprehensible manner. For replacement items right of withdrawal can not be excluded. The cost of return shipment are borne by the entrepreneur. 6. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
ARTICLE 12 - Continuing
12.1 The consumer may terminate the contract when the duration is set fora n indefinite time, the applicable termination is applied with a notice of up to one month.
12.2. A contract for a definite period has a maximum duration of two years. If it is agreed that the silence of the consumer distance contract will be extended, the agreement will be continued as a contract of indefinite duration and will continue after the notice of the agreement up to a month.
ARTICLE 13 - Payment
13.1. Unless otherwise agreed, the amounts owed by the consumer are to be paid within 14 days after the start of the cooling off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, the time limit begins after the consumer has received the confirmation of the agreement.
13.2 When selling products to consumers in general conditions may never stipulate an advance payment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
13.3 The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator.
13.4 In the event of a default payment by the consumer, the operator subject to statutory limitations, has the right to charge reasonable costs applicable to the given situation.
ARTICLE 14 - Complaints
14.1 The entrepreneur has a well-publicized complaint and deals with complaints under this procedure.
14.2 Complaints about the performance of the contract must be promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has discovered the defects.
14.3 When the trader receives the complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then answered by the operator within the period of 14 days with a notice of receipt and an indication if the consumer can expect a more detailed answer.
14.4 A complaint about a product or service of the entrepreneur may also be submitted via a complaints form on the consumer page of the website of the Dutch Home Shopping Organization www.thuiswinkel.org. The complaint is then both concerned to the trader and sent to the Dutch Home Shopping Organization.
14.5 If the complaint can not be resolved by mutual agreement a subject is created to dispute.
ARTICLE 15 - Disputes
15.1 Agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.
15.2 Disputes between consumers and entrepreneurs on the creation or implementation of agreements relating to the delivered products and services, may be subject to the provisions below, both the consumer and entrepreneur may be submitted to the Dispute IDIS, PO Box 90600, 2509 LP The Hague (www.sgc.nl).
15.3 A dispute is handled by the Disputes Committee if the consumer complaint submitted within a reasonable time to the entrepreneur.
15.4 No later than three months after the dispute arose, the dispute in writing to the Disputes Committee can be made.
15.5 If the consumer wants to submit a dispute to the Disputes Committee, the trader is bound by this choice. When the entrepreneur wants to do so, the consumer has five weeks after a request by the employer in writing to respond.
15.6 The Arbitration Committee's decision counts under the conditions as stipulated in the regulations of the Disputes Committee. The decisions of the Disputes Committee take the form of binding advice.
15.7 The Disputes Committee will not handleas a dispute or will terminate if the entrepreneur moratorium is granted, the state of gone bankrupt or its business has actually terminated, before a dispute by the Committee at the session and a final decision was delivered.
ARTICLE 16 - Amendments to the Terms and Conditions La Nouvelle Maison
16.1 La Nouvelle Maison will change these terms and conditions only in consultation with the Consumer.
16.2 Changes in these conditions are effective only after they are published in the appropriate way, provided that appropriate changes will prevail provision most favorable to the consumer during the term of an offer.