Table of Contents
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - The Price and Payment
Article 8 - Delivery and Execution
Article 9 - Liability
Article 10 - Disputes
Article 1 - Definitions In these terms and conditions, the following definitions apply:
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General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
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Cooling-off Period: the period within which the consumer can exercise their right of withdrawal; read all about the cooling-off period.
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Consumer: the natural person who does not act in the exercise of profession or business and enters into an agreement with the entrepreneur;
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Day: calendar day;
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Right of Withdrawal: the possibility for the consumer to withdraw from the agreement within the cooling-off period;
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Items: the clothing, accessories, and other items offered for sale on the website;
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Model Form: the model form for withdrawal provided by the entrepreneur that a consumer can fill out if they wish to exercise their right of withdrawal.
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Entrepreneur: Isabelle Árbol; and
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Website: www.isabellearbol.com
Article 2 - Identity of the Entrepreneur
Isabelle Árbol
Orteliusstraat 279h 1056NV Amsterdam Netherlands
T +31616009526
E isabellearbolvintage@gmail.com
KVK 81668864
VAT number NL003589682B46
Article 3 - Applicability
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These general terms and conditions apply to every offer from the entrepreneur and to every agreement and order established between the entrepreneur and the consumer.
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Before the agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
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If the agreement is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically before the agreement is concluded, deviating from the previous paragraph. If this is not reasonably possible, it will be indicated before the agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge upon request by the consumer electronically or otherwise.
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If one or more provisions in these general terms and conditions at any time are wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in effect and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the intent of the original as closely as possible.
Article 4 - The Offer
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If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
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The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
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The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
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All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
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Images accompanying products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
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Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with accepting the offer. This particularly concerns:
o the price including taxes; o any possible shipping costs; o the method by which the agreement will be concluded and which actions are required; o whether or not the right of withdrawal is applicable; o the method of payment, delivery, and execution of the agreement; o the way in which the consumer can check and, if desired, correct the information provided in the context of the agreement before concluding the agreement; o the possible languages in which, besides Dutch, the agreement can be concluded;
Article 5 - The Agreement
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The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
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If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
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If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
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The entrepreneur can - within legal frameworks - inquire whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the agreement. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.
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Despite the high quality of the photographed images of the item(s), the consumer must consider that colors may differ from the actual colors. When applicable, sizes are stated as indicated on the label. In case of doubt, the consumer can contact the entrepreneur by phone or email. The offered item(s) are in good condition, of high quality, and are depicted and/or described as clearly and truthfully as practically possible. Inherent to new or used clothing is that they may show signs of use.
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Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of Withdrawal
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When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer.
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During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
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If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receipt of the product by email or phone. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items have been returned on time, for example, by providing proof of shipment.
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If the consumer has not expressed their wish to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
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If the consumer exercises their right of withdrawal, the maximum costs of return shipment are for their account.
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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 condition is that the item has already been received back by the webshop or conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
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If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in the product.
Article 7 - The Price and Payment
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The price assigned to each item by the entrepreneur depends on the quality, brand, currency, and condition of an item. The prices listed in the webshop are in Euros, including VAT, and excluding shipping and handling costs. After placing an order in the webshop, the entrepreneur will confirm this order, stating the total due, including shipping costs. Payment for the ordered item(s) can be made by direct payment after the order via Ideal or Paypal. Delivery of the order will only begin after payment has been received.
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All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the item at the incorrect price.
Article 8 - Delivery and Execution
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The entrepreneur will take the utmost care when receiving and executing orders for items.
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The place of delivery is the address that the consumer has made known to the company.
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With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with competent speed (as much as possible in accordance with the Delivery and Returns page) but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer has no right to compensation.
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All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
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In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
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If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. At the latest, upon delivery, it will be stated clearly and comprehensibly that a replacement article is being delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
Article 9 - Liability
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The entrepreneur is only liable for damages that arise from or are related to an attributable failure in the performance of its obligations under an agreement or tort that has arisen due to intent or gross negligence on the part of the entrepreneur. This liability is limited to the invoice amount with a maximum of EUR 1,000.
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The entrepreneur's liability ends when the consumer has paid the purchase price of the respective item(s) and the withdrawal period of these general terms and conditions has expired. The entrepreneur accepts no liability whatsoever for the loss of postal items by the logistics service provider.
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The entrepreneur is not liable for any damage or costs resulting from the use of electronic payment means and electronic means for communication with the website, including - but not limited to - damage resulting from non-delivery or delay in the delivery of electronic messages, interception or manipulation of electronic messages by third parties or by software or equipment used for electronic communication and transmission of computer viruses. The entrepreneur ensures appropriate security based on generally accepted security systems.
Article 10 - Disputes
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Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This applies even if the consumer lives abroad.
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The Vienna Sales Convention does not apply.