Zoe Karssen – General Terms and Conditions of Sale
These are the General Terms and Conditions of Sale of Zoe Karssen B.V. (“Zoe Karssen” and these General Terms and Conditions of Sale: the “Conditions”). These Conditions will apply to all orders placed by you with Zoe Karssen via its webstore (www.zoekarssen.com) or otherwise outside a physical store. By placing an order, you agree to the applicability of these Conditions to the contract entered into between you and Zoe Karssen.
These Conditions explain the rights and obligations of the parties which apply to your order of products via the webstore of Zoe Karssen. For this reason, it is important for you to take the time to read these Conditions carefully. Zoe Karssen recommends you to store these Conditions on your computer and/or print them out and keep them so that you can refer to them later.
1. Information about Zoe Karssen
1. Zoe Karssen is a limited liability company and is incorporated in the Netherlands. The complete contact details of Zoe Karssen can be found below: Zoe Karssen B.V. Rozengracht 133 1016 LV, Amsterdam, the Netherlands Phone: +31-(0)20-7797771 (Monday through Friday 9:00 a.m. - 5:00 p.m.) E-mail: [email protected] Chamber of Commerce number: 54029880 Tax identification number: NL851124781B01
2. Your Details
1. In order to facilitate the smooth execution of the contract by Zoe Karssen, it is important that you correctly and completely provide your details, such as your name, your e-mail address and shipping address in accordance with the instructions. You are responsible for the correctness of the details provided by you. You will find the complete contact details of Zoe Karssen under Article 1 of these Conditions.
2. Zoe Karssen will use the details supplied by you only in the manner as indicated in the privacy statement, which you may refer to on its website.
3. Offer and contract
1. When you place an order via the webstore of Zoe Karssen, you will enter into a contract with Zoe Karssen. The contract is created as soon as the customer has accepted the offer and meets the corresponding conditions.
2. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
3. A contract as a result of an offer which is an obvious mistake and/or error, such as an unusually low price is not binding for Zoe Karssen. Please contact Zoe Karssen if you doubt the validity of an offer.
4. Price and payment
1. The price quoted in the webstore at the moment of placing an order is the total price including applicable taxes and charges. Delivery costs shall be added to the price of the products and are indicated separately on the order form.
2. You may pay for your order in the way indicated in the webstore of Zoe Karssen. It is not possible to use Zoe Karssen gift cards in the webstore.
5. Order processing and shipment
1. Zoe Karssen will make every effort to process and deliver your order as well and as quickly as possible after receiving full payment.
2. Orders are delivered to the shipping address indicated by you and via the means of delivery chosen by you. The delivery period as shown on the website is an indication. External factors, such as internal availability as well as the payment and means of transport chosen by you, may affect the delivery period.
3. If you have an order delivered outside the European Union, it is possible that the country in question will charge additional levies such as import tax. Zoe Karssen has no influence or control over such levies and will therefore not be able to inform you thereof. Before placing such an order, you must check yourself whether the items ordered by you can be exported to or imported in the country in question and what the cost is thereof.
4. Ownership of all products ordered by you will transfer to you at the moment parties have entered into an agreement and the receipt of full payment by Zoe Karssen.
5. Zoe Karssen takes great care to ensure that its products are shipped correctly and completely. Should you unexpectedly receive incomplete or damaged products, please contact Zoe Karssen immediately.
1. The products we deliver must meet the contract between you and Zoe Karssen. Zoe Karssen makes every effort to show its products on its website as precisely and completely as possible. However, it is in the nature of the offered products that there might be differences (such as colour differences) between the picture of the products on the website and the product delivered to you. Should you believe that the delivered product is not the same as the product shown on the website, you may use your return right as described in Article 7 of these Conditions.
2. Obviously, the products from the selection of Zoe Karssen meet the quality standards that you may expect. However, we expressly point out that these products have been designed from the point of view of their aesthetics and not with a view to their optimum life span, practical usefulness or ease of use.
3. The products offered in the webstore, such as garments and accessories are by nature subject to wear and tear. The life span of a product is also dependent on the material from which it is made, the frequency of use and the level of care. The products of Zoe Karssen are made from the materials indicated in the webstore. For an optimum life span and for maintaining the quality, it is important that you observe any washing instructions.
7. Return right
1. If for any reason you are not satisfied with the product you ordered, you have the right, without giving any reasons, within fourteen days after receiving the product to indicate that you wish to terminate the contract with regard to the product in question. This concerns the so-called time to reconsider. You may use your right to termination by giving any unequivocally declaration to Zoe Karssen of your termination. You could also use the return form you find on the website and attached to your order. Instructions of how to return merchandise can also be found on our website.
2. If you decide to terminate a contract with regard to a product, you have the obligation to return this product as soon as possible, but no later than fourteen days after your declaration of termination to the address of Zoe Karssen as mentioned in Article 1.1. The direct costs of the return shipment of the product to Zoe Karssen are for your own account.
3. In case of any termination as set forth in Article 7.1, Zoe Karssen will return the amount paid for the product, including the delivery costs, in question immediately and in any event within fourteen days after we receive your declaration of termination. You are not able to enforce performance of the obligation of Zoe Karssen to return all amounts paid by you, until Zoe Karssen received the products or you are able to prove that the product has indeed been sent back. It can take up to 14 business days for the refund to appear in your account depending on the payment provider.
4. If you have chosen a shipping method other than the standard shipping method used by Zoe Karssen, any additional costs thereof will not be considered for a refund.
5. The right of termination as included in Article 7.1 is meant to allow you to determine whether the product fits you and if you really want the product. You are allowed to use a product if necessary to verify if you want the product, just like you would do in a regular store. Continuous use of the product - such as wearing the product in a public space or any other actual use – makes you responsible for the decrease of value of the product. Zoe Karssen will deduct this decrease of value from the amount to be refunded to you.
6. If a product, through your actions, has been damaged, has been washed, the labels were removed, a product is incomplete or a product shows signs of use which prove that you have used the product more continuously than as permitted under Article 7.4, you are responsible for the decrease of value of the product caused by you. Zoe Karssen will deduct this decrease of value from the amount to be refunded to you.
7. The termination right as set forth in Article 7.1 does not apply to products that are not suitable to be sent back for purposes of health protection or hygiene and whose seal has been broken after delivery.
8. Modifications to these Conditions
1.Zoe Karssen has the right to modify these Conditions at any time. These Conditions were last modified on January 24, 2017.
2. If Zoe Karssen decides to modify these Conditions during the contract, Zoe Karssen will send the modified Conditions to you. In the event of a conflict between the content of (a provision of) these Conditions and the content of (a provision of) the modified Conditions, the content of (a provision of) the Conditions most favourable to you shall prevail.
3. If any provision of these Conditions is declared invalid or unenforceable, the remaining provisions of these Conditions will remain in effect.
1. Zoe Karssen strives to deliver only the highest possible quality in regards its products and services. However, should you unexpectedly have any complaints, you may send them by phone, by mail or e-mail to: Zoe Karssen B.V. Rozengracht 133A 1016 LV, Amsterdam, the Netherlands Phone: +31-(0)20-7797771 (Monday through Friday 9:00 a.m. - 5:00 p.m.). [email protected]
2. If you have gone through the complaint procedure but you wish to submit your complaint to another instance, you may do so by submitting it to the Disputes Committee via the European ODR Platform: http://ec.europa.eu/consumers/odr/.
10. Applicable law and competent jurisdiction
1. Dutch law applies exclusively to these Conditions and the contract entered into by you and Zoe Karssen, with the exclusion of the UN Convention on the International Sale of Goods.
2. The competent court in Amsterdam has the exclusive competence to hear and settle all disputes that might arise concerning these Conditions or the contract entered into by you and Zoe Karssen.