Terms and conditions
Terms and conditions
1.1 These General Terms and Conditions are applicable to all offers, orders and agreements of She Sells and shall supersede any other (general) Terms and Conditions. These General Terms and Conditions were filed with the Amsterdam Chambers of Commerce and registered under file number 34226706.
1.2 By accepting an offer and / or placing an order, the buyer explicitly agrees to the Terms and Conditions and other rights and obligations as stated on the internet site.
1.3 Deviation from the Terms and Conditions is only possible when this has explicitly been agreed upon in writing. The remaining Terms of the General Terms and Conditions remain fully applicable.
1.4 She Sells reserves the right to change or add to these General Terms and Conditions at any time.
1.5 All rights and claims as stated in these Terms and Conditions and further agreements made on behalf of She Sells, shall be equally stipulated by agents appointed by She Sells and other third parties.
1.6 If the Buyer also refers to his own general Conditions, they will explicitly not be applicable unless She Sells has explicitly approved the applicability of such Terms and Conditions in writing.
1.7 The term “Buyer” refers to any visitor of the internet site or any natural person or artificial person in law who purchases products from She Sells by phone, e-mail or any other way of Buying At A Distance.
2.1 A contract is constituted when an order has been accepted by She Sells. She Sells reserves the right to reject an order and or attach certain Conditions to the delivery of the products unless stated otherwise. If the order is rejected you will be notified within 10 (ten) workdays after receipt of the order.
2.2 If an order is accepted the buyer commits himself to submit payment within 14 calendar days. If payment is not received by the due date She Sells will send a reminder. In case of such reminder She Sells reserves the right to charge additional costs.
3. Prices / Offers
3.1 General quotations of She Sells shall not entail any commitment and She Sells explicitly reserves the right to change prices, especially in the case of (legal) regulations.
3.2 All prices are quoted in Euros (€) and include VAT though are exclusive of shipping costs.
4. Returning of goods
4.1 All goods with the exception of magazines and jewelry may be returned within 7 calendar days. She Sells will refund the payment less expenses of shipping costs. It is explicitly required that the seals / packaging of the returned goods are intact and that the purchased items are undamaged when they are returned to She Sells. This is in accordance with the Distance Selling Regulations. If this aspect is not complied with, She Sells cannot accept the returned goods and the payment shall not be refunded. The shipping costs for returned goods shall be paid by the buyer.
4.2 The buyer is liable to check at delivery whether the delivered goods are in accordance with the order. If this is not the case She Sells must be notified by e-mail within 3 (three) calendar days. The invoice number, and the reason why the goods are not in accordance with the order, have to be stated clearly in the notification. She Sells can either replace the goods or annul the payment if the goods are not accepted for valid reasons
4.3 In the exceptional case that the buyer receives an article that is not satisfactory She Sells reserves the right to replace this by a new one or refund the payment. In such exceptional case She Sells shall pay the shipping costs.
4.4 The following procedure should be followed when returning goods:
Send an email to firstname.lastname@example.org so we can expect the sending. Please pay attention to the following: Please mention your name and the number of your order or the invoice number you were sent by mail, in the subject line of your e-mail.
Avoid damage by wrapping up the parcel appropriately.
Mention the address on the goods and return them within 7 calendar days after receipt.
5.1 Payment of the outstanding amount in full, including the shipping costs shall be due in (fourteen) 14 calendar days after the invoice date for delivery in the Netherlands, and (twenty-one) 21 calendar days if the delivery is outside the Netherlands unless agreed otherwise in writing.
5.2 If payment is not made by the due date, the buyer shall be in default and shall owe a statutory interest of 1% of the outstanding amount per month or part of the month. If a payment is submitted after a reminder by She Sells the buyer shall owe EUR 22.62 of administration costs and in case of extrajudicial collection costs these will be added to the balance and are subject to a minimum of 15% of the outstanding amount without prejudice to the right of She Sells to claim the actual extrajudicial costs involved instead.
5.3 If the buyer is in default She Sells is entitled to postpone or cancel the (execution of the) contract and related contracts.
5.4 If the prices of the products and services offered may rise within the period between the placement of the order and the delivery of the products the buyer reserves the right to cancel the order within ten (10) calendar days after She Sells has announced the price-increase.
6.1 Delivery periods indicated by She Sells are mere indications. Passing a term does not entitle the buyer the right to claim compensation or annulment of the agreement unless the exceeded term is such that continuing the agreement is not reasonable. In such case the buyer holds the right to annul the order or agreement assuming this is strictly necessary.
6.2 Products will be delivered to the address and on the date indicated by the buyer when they are ready for delivery.
7. Ownership restriction
7.1 Ownership of delivered products is transferred when the buyer has paid everything he/she owes She Sells according to the agreement. All risks concerning these products are transferred immediately upon delivery.
8. Claims and liability
8.1 The buyer is liable to check at delivery whether the goods meet the specifications as mentioned in the contract. If this is not the case She Sells shall receive a motivation in writing within 3 (three) days after the delivery date as far as there was a reasonable possibility to make the observation.
In case there is proof the products do not meet the requirements as stated in the contract, She Sells reserves the right to replace the products on return or refund the amount of the invoice.
If for any reason the buyer wishes not to buy the products, he holds the right to return them to She Sells within seven (7) days. In this case returned products will only be accepted if they are unused and if the original packing is intact. Returning of products is at the buyer's expense.
Electronic communication and proof
9.1 She Sells shall not be liable for any misunderstanding, damage, delay or insufficient supply of information caused by the use the Internet or any other form of communication between the Buyer and She Sells (or any third party acting on behalf of the Buyer), unless it is intentionally caused by She Sells.
10.1 She Sells reserves the right to postpone or annul an order without lawful interference in the event of force majeure. The Buyer will be notified in writing. She Sells shall not be liable to pay any compensation unless this is not reasonable given the circumstances.
10.2 Force majeure implies all shortcomings which She Sells is not liable of when She Sells is not at fault and for which she will not be accountable neither by law, by juristic act or according to generally accepted standards
11.1 In case one or more of these Terms and Conditions or any other agreement with She Sells is not in accordance with any applicable law, this Condition will be cancelled and replaced by a new similar legally permissible condition by She Sells
Governing Law and Competent judge
12.1 Dutch Law shall supersede the applicability of all Terms and Conditions including these, applicable to offers, orders and agreements of She Sells.
12.2 All disputes between the parties shall be submitted for judgment to the competent court in the Netherlands.