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GENERAL TERMS AND CONDITIONS OF DELIVERY OF DE TOUTE FAÇON

Article 1: Definitions

Supplier: De Toute Façon, a sole proprietorship established in Heemstede, the Netherlands, registered with the Dutch Chamber of Commerce under number 66818788.

Buyer: a natural person who does not act in the course of his profession or business and who contacts the Supplier in connection with a possible contract to be concluded or has concluded a contract with the Supplier;

Offer: any offer made by the Supplier for the sale and delivery of Products on the Website;

Order: any order placed by the Buyer for the sale and delivery of Products by the Supplier to the Buyer;

Contract: the contract concluded between the Supplier and the Buyer with respect to the sale and delivery of Products;

Product(s): the product(s) sold and/or delivered by the Supplier to the Buyer;

Parties: the Supplier and the Buyer jointly;

Terms and Conditions: these general terms and conditions of delivery;

Website: the website www.detoutefacon.nl and/or any other website used by the Supplier to run a webshop, among other things. 

Article 2: Applicability 

  1. The Terms and Conditions apply to all legal relationships in which the Supplier acts as a (potential) seller and/or supplier of Products, including all offers made by the Supplier with respect to Products and Orders and the acceptance thereof by the Supplier, insofar as the Parties have not expressly derogated from the Terms and Conditions in writing.

 

  1. If and insofar as the Contract contains provisions derogating from the Terms and Conditions, the provisions of the Contract will prevail.

 

  1. If there is any conflict between or lack of clarity about translations of the text of these terms and conditions, the Dutch text will always prevail.

 

  1. If a provision of these terms and conditions is void or voided or the parties are unable to rely on such provision for other reasons, the Supplier is entitled to replace it with a provision that is valid and enforceable, taking the purpose and meaning of the original provision into account as far as possible. In that case, the other provisions will remain in full force. 

 

Article 3: Offers and formation of contracts

 

    1. All offers made by the Supplier, in whatever form, are subject to contract. They will not bind the Supplier and only serve as an invitation to place an Order, unless otherwise stated by the Supplier in writing. This also applies to all catalogues, brochures, price lists and suchlike published by the Supplier.

 

    1. If a period of validity is mentioned in an Offer, this Offer may only be accepted within this period. 

 

  1. The Supplier makes every reasonable effort to ensure that all Product descriptions, measurements, colours and images displayed on the Website are accurate. Minor variations in colour may occur due to differences in screen settings. Such variations do not affect the Buyer’s statutory rights, including the right to receive Products that conform to the Contract.

 

    1. The Contract is concluded when the Buyer accepts the Supplier’s Offer by placing an Order and complying with the conditions set. The Supplier will immediately confirm receipt of the Order and the formation of the Contract by electronic means. 

 

    1. Supplier is only bound by any subsequent additional agreements or changes as well as agreements and/or promises (verbal or otherwise) made by staff members of the Supplier or made on the Supplier’s behalf by sellers, agents, representatives or other intermediaries, if and insofar as these have been confirmed in writing by the Supplier (or by persons authorised to do so). 

 

 

 

Article 4: Prices 

 

    1. All prices stated by or agreed with the Supplier are in euros, including VAT, other government levies, costs of packaging, insurance and suchlike. The prices are exclusive of dispatch costs. The amount of the dispatch costs become visible on the Website during the ordering process, before payment is made and therefore before the final placement of the Order.  

 

    1. The prices of the Products are the prices as shown on the Website and/or in the Offer, subject to price changes as a result of changes in VAT rates. 

 

  

Article 5: Payment 

 

  1. After finalizing the Order, the Buyer will make payment into a bank account specified by the Supplier. Payment must be made in euros, unless expressly otherwise agreed in writing. 

 

  1. If payment is made by VISA/MasterCard, the Supplier is entitled to check the validity of the card, to check the spending limit available for the debiting of the total amounts and to check the correctness of the Buyer’s address details. The Supplier reserves the right to refuse the purchase.

 

  1. Supplier charges a fee to Buyer for payments via Paypal. The amount of the fee becomes visible on the Website during the ordering process, before payment is made and therefore before the final placement of the Order. 

 

  1. The Buyer may pay using the payment methods offered during checkout. Any applicable payment charges will be clearly disclosed before the Order is placed and will only be charged where permitted by applicable law. No additional charges will be imposed for payment methods for which surcharging is prohibited by law.

 

Article 6: Delivery 

 

  1. Products will be delivered at the address specified by the Buyer.

  

  1. The Supplier effects delivery within 30 (thirty) days, unless a different delivery period has been agreed upon. The delivery period (agreed or otherwise) starts when the Supplier has received payment from the Buyer. 

 

  1. The Supplier aims to dispatch all orders within 24 hours on working days. Orders placed during weekends or public holidays will be processed on the next working day.

 

  • The Netherlands: 1 – 2 working days;
  • EU Member States: 2 – 6 working days;
  • Norway and Switzerland: 3 – 6 working days;
  • Other countries: 4 – 10 working days.

 

The above indicated delivery terms do not count as the final and definitive lead-times as referred to in article 6:83 sub a of the Dutch Civil Code. The terms mentioned above are not binding and are indicative by nature. The delivery terms and dates mentioned by or agreed with Supplier are determined to the best of its knowledge on the basis of the information known to it at the time of entering into the Contract. 

 

  1. Orders may be subject to additional government (import) duties and fees at the customs authorities of the country of destination. These duties and fees must be paid by the Buyer. The Buyer can consult the shipping policy on the Website for an indication of these duties and fees. The Supplier cannot estimate or control the amount imposed upon delivery.

 

  1. For deliveries outside the European Union, the Buyer may be required to pay customs duties, import taxes or other charges imposed by the destination country, unless these charges have already been included in the Order. If the Buyer refuses delivery due to such charges, the shipment may be returned to the Supplier or handled by the carrier in accordance with its procedures. Any refund or deduction of costs will be determined in accordance with applicable law and the Buyer’s statutory rights.

 

  1. If the delivery is delayed or if an Order cannot be executed or can only be executed in part, the Buyer shall be informed within 30 days after having placed the Order. In that case, the Buyer is entitled to dissolve the Contract free of charge. If the Buyer dissolves the Contract for the reason mentioned above, the Supplier refunds the amount paid by the Buyer.

 

  1. The Supplier is entitled to make partial deliveries.

 

  1. Unless the Parties agree otherwise, the Products are dispatched in a manner to be determined by the Supplier. Unless otherwise agreed, the Supplier will arrange delivery using a shipping carrier of its choice. The risk of loss or damage to the Products remains with the Supplier until the Buyer, or a third party designated by the Buyer other than the carrier, has physically received the Products. This does not affect any mandatory statutory rights of the Buyer.

 

  1. The Buyer is responsible for providing accurate and complete delivery information. If delivery cannot be completed due to incorrect or incomplete information provided by the Buyer, the Supplier will contact the Buyer to arrange an appropriate solution. Any reasonable additional delivery costs directly resulting from incorrect information provided by the Buyer may be charged to the Buyer, to the extent permitted by applicable law. The risk of loss or damage remains with the Supplier until the Products have been delivered in accordance with applicable consumer protection law.

 

  1. The risk of the Products to be delivered passes to the Buyer when the Products are actually available to them or to a third party designated by them (not being the carrier). 

 

Article 7: Reflection period

 

  1. As the Contract was concluded via the Website the Buyer has a reflection period (herroepingstermijn) of 14 (fourteen) calendar days, within which the Buyer may dissolve the Contract without stating any reason. 

 

  1. The reflection period referred to in paragraph 1 commences the day after the Buyer, or a third party who has been designated by the Buyer in advance and who is not the carrier, has received the Product, or, if the Buyer has ordered several Products in one order, the day on which the Buyer, or a third party designated by them, has received the last Product. The Supplier has the right to refuse an order of several Products with different delivery periods.

 

  1. If the Buyer exercises their right of withdrawal, the Products must be returned to the Supplier within 14 days of notifying the Supplier of their decision to withdraw. In the event of a full return, the Supplier will refund the purchase price and the original standard delivery costs. For partial returns, the original delivery costs will not be refunded. Return shipping costs are at the Buyer’s own expense, provided the Buyer has been informed of these costs before placing the order.

 

The statutory right of withdrawal does not apply to Products made to the Buyer’s specifications or clearly personalized, such as garments individually customized with a name or other personal details, where the applicable legal requirements for this exception are met. This exception does not affect the Buyer’s statutory rights in the event of defective or non-conforming Products.

Article 8: Obligations of the Buyer During the Reflection Period and Right of Withdrawal

  1. During the reflection period, the Buyer shall handle the Products and their packaging with due care. The Buyer may inspect and try on the Products to the extent necessary to establish their nature, characteristics and fit, as would be permitted in a physical store.
  2. The Buyer is liable only for any diminished value of the Products resulting from handling beyond what is necessary to establish their nature, characteristics and fit, provided that the Supplier has supplied the legally required information about the right of withdrawal.
  3. The Buyer is requested to return the Products clean, with their original labels attached and, where reasonably possible, in their original packaging. Missing labels or original packaging do not automatically invalidate the statutory right of withdrawal.
  4. To exercise the right of withdrawal, the Buyer must inform the Supplier of their decision through an unequivocal statement, for example by email to floor@detoutefacon.nl, or through the online withdrawal function available on the Website. The Buyer may use the model withdrawal form but is not required to do so.
  5. The Buyer must return the Products within 14 days after communicating their decision to withdraw from the Contract. The return deadline is met if the Buyer sends the Products back before the 14-day period has expired.
  6. The Buyer is responsible for the direct costs of returning the Products, provided that the Buyer has been informed of these costs before placing the Order. The Buyer may choose their preferred shipping carrier and is responsible for arranging the return shipment, unless otherwise required by applicable law.
  7. For Orders delivered outside the European Union, return shipping costs, refunds of original delivery costs and any customs duties or import taxes will be handled in accordance with applicable law and the information provided to the Buyer before placing the Order.

 

Article 9: Obligations of the Supplier in case of a withdrawal

 

  1. The Supplier will refund all payments due to the Buyer, including the original standard delivery costs in the event of a full return, without undue delay and no later than 14 days after being informed of the Buyer’s decision to withdraw from the Contract. The Supplier may withhold the refund until the returned Products have been received or until the Buyer provides proof of return shipment, whichever occurs first. Refunds will be made using the same payment method used for the original transaction, unless otherwise expressly agreed with the Buyer, and without any additional refund fees.

 

  1. If the returned Products show signs of handling beyond what is necessary to establish their nature, characteristics and fit, the Supplier may deduct an amount corresponding to the actual diminished value of the Products from the refund, to the extent permitted by applicable law. The Supplier will inform the Buyer of any such deduction and its justification. The absence of original packaging or labels does not automatically result in refusal of the return.

 

  1. The Supplier is not obliged to reimburse any additional costs incurred because the Buyer has expressly opted for a delivery method other than the least expensive standard delivery method offered by the Supplier.

 

Article 10: Complaints and Legal Guarantee

  1. The Supplier guarantees that the Products comply with the Contract and all applicable statutory requirements.
  2. If a Product is defective, damaged or does not conform to the Contract, the Buyer is entitled to the remedies provided by applicable consumer protection law, including repair, replacement, a price reduction or termination of the Contract, where legally applicable.
  3. Complaints regarding Products can be submitted by email to floor@detoutefacon.nl. The Buyer is requested to provide a clear description of the complaint and, where possible, photographs of the issue.
  4. The Supplier will respond to complaints within 14 days of receipt. If a complaint requires a longer processing time, the Supplier will inform the Buyer accordingly.
  5. Nothing in these Terms and Conditions shall limit or exclude the Buyer’s statutory rights regarding defective or non-conforming Products.

 

Article 11: Liability

  1. The Supplier is responsible for ensuring that the Products comply with the Contract and the applicable statutory requirements, including the Buyer’s rights under Dutch consumer protection law.
  2. If a Product is defective, damaged or does not conform to the Contract, the Buyer is entitled to the remedies provided by applicable law, including repair, replacement, a price reduction or termination of the Contract, where legally applicable.
  3. The Supplier shall not be liable for damage resulting from improper use, incorrect washing, inadequate care or normal wear and tear, unless such damage is attributable to the Supplier or the Product’s failure to conform to the Contract.
  4. The Supplier shall not be liable for damage caused by incorrect or incomplete information provided by the Buyer, unless the damage is also attributable to the Supplier.
  5. Nothing in these Terms and Conditions shall exclude or limit the Supplier’s liability where such exclusion or limitation is prohibited by applicable law, including liability for defective Products and any mandatory statutory consumer rights.
  6. The Supplier’s liability shall be governed by applicable Dutch law. Any limitation of liability shall apply only to the extent permitted by mandatory law.

 

Article 12: Force Majeure

  1. The Supplier shall not be liable for a failure to perform its contractual obligations to the extent that such failure is attributable to circumstances that qualify as force majeure under applicable Dutch law.
  2. Force majeure may include events beyond the Supplier’s reasonable control, such as natural disasters, war, government restrictions or serious disruptions to transport or infrastructure, provided that the circumstances meet the legal requirements for force majeure.
  3. The Supplier will inform the Buyer as soon as reasonably possible if a force majeure event affects the performance of the Contract.
  4. Nothing in this Article shall exclude or restrict the Buyer’s statutory rights, including the right to terminate the Contract and receive a refund where required by applicable law.

 

Article 13: Intellectual property rights 

 

    1. The Supplier reserves all intellectual property rights to the offers made by it, order confirmations, designs,
        images and drawings provided, images, drawings, catalogues and/or brochures published on the Website,
        and to the Products delivered within the framework of the Contract, and suchlike, irrespective of whether
        costs for the manufacturing thereof have been charged to the Buyer. Without the Supplier’s express prior
        permission in writing, such data and items may not be copied, used or shown to third parties.

 

    1. The Buyer is not allowed to remove, change or use any designation of copyrights, brands, trade names or  other intellectual or industrial property rights or labels from the items referred to in paragraph 1 of this article.

 

Article 14: Retention of title

 

    1. Any Products supplied to Buyer remains the property of Supplier until Buyer has fulfilled all its obligations under the Contract, Order or other comparable agreements and/or has fully satisfied all claims arising from Buyer’s failure to fulfil these agreements (as stipulated in article 3:92, paragraph 2 of the Dutch Civil Code), including loss, penalties, interests and costs.

 

  1. Until ownership of the Products has passed to the Buyer in accordance with Article 14.1, the Buyer shall not sell, pledge or otherwise transfer ownership of the Products to a third party, except where permitted by mandatory applicable law.

 

    1. Buyer shall be obliged to keep the Product(s) delivered under retention of title with due care and as the identifiable property of Supplier.

 

Article 15: Other provisions

 

    1. Any deviations from and supplements to the Contract, the Order and/or the Terms and Conditions will only be valid if they have been agreed upon in writing.

 

  1. The Supplier may transfer its rights and obligations under the Contract to a third party only where permitted by applicable law. Such a transfer shall not reduce or adversely affect the Buyer’s statutory rights or legal protections. Where the Buyer’s consent is required by law, the Supplier will obtain such consent before the transfer takes place.

 

Article 16: Governing Law and Disputes

  1. These Terms and Conditions and any Contracts concluded between the Supplier and the Buyer shall be governed by Dutch law.
  2. If the Buyer resides outside the Netherlands, this choice of law shall not deprive the Buyer of any mandatory consumer protection rights applicable in their country of habitual residence.
  3. Any disputes arising from or relating to these Terms and Conditions or the Contract shall be submitted to the competent court in accordance with applicable law.
  4. Nothing in these Terms and Conditions shall limit the Buyer’s statutory rights regarding applicable law or jurisdiction.

COMPANY INFORMATION
Registered business name: De Toute Façon
Registered address: Irislaan 14, 2106BH Heemstede
Chamber of Commerce: 66818788
VAT identification number: NL201887319B01

Email: floor@detoutefacon.nl

Phone: 06 83994566