General terms and conditions

These general terms and conditions are based on the model conditions of Stichting WebwinkelKeur.

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 - Costs in case of withdrawal
• Article 8 - Exclusion of right of withdrawal
• Article 9 - The price
• Article 10 - Conformity and warranty
• Article 11 - Delivery and execution
• Article 12 - Payment
• Article 13 - Complaints procedure
• Article 14 - Disputes
• Article 15 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following terms have the following meanings:

• Reflection period: the period within which the consumer can make use of his right of withdrawal; read all about the reflection period
• Consumer: the natural person who does not act in the exercise of his profession or business and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Continuous performance contract: a distance contract with regard to a series of products and/or services, the delivery and/or obligation to purchase of which is spread over time;
• Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
• Right of withdrawal: the possibility for the consumer to cancel the distance contract within the reflection period;
• Model withdrawal form: the model form for withdrawal made available by the entrepreneur which a consumer can fill in when he wishes to make use of his
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: a contract in which, in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
• Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously in the same space.
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

CUS-BOUTIQUE.com

Klarinetweg 20
4337 RA Middelburg
The Netherlands
T (+31)118-236175
E info@cus-boutique.com
KVK 75824299
VAT number NL 8242.88.944.B.13

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every agreement concluded at a distance and orders between entrepreneur and consumer.

Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and will be sent to the consumer free of charge as soon as possible upon request.

If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.

In the event that in addition to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

If one or more provisions in these general terms and conditions are null and void or are destroyed at any time, the agreement and these terms and conditions will remain in force for the rest, and the provision concerned will be replaced by mutual agreement as soon as possible by a provision that approximates the scope of the original as much as possible.

Situations that are not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The offer

Validity and conditions

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

Modification and adjustment

The entrepreneur is authorized to change and adapt the offer.

Description

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Indication

All images, specifications and data in the offer are an indication and cannot give rise to any compensation or termination of the agreement.

Information

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• the possible costs of delivery;
• the manner in which the agreement will be concluded and which actions are required for this;
• the applicability of the right of withdrawal;
• the method of payment, delivery and execution of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the amount of the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the used communication means;
• whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;
• the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement, before the conclusion of the agreement;
• any other languages in which, besides Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in case of a continuous performance contract.

Article 5 - The agreement

The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the entrepreneur has not confirmed this acceptance of the agreement, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a safe If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

Within the legal framework, the entrepreneur may verify whether the consumer can fulfil his payment obligations, as well as all facts and factors that are relevant to a responsible conclusion of the agreement. If, on the basis of this investigation, the entrepreneur has good grounds for not concluding the agreement, he shall be entitled to refuse a request or order on motivated grounds or to attach special conditions to its execution.

The entrepreneur shall include the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier with the product or service:

• The address of the entrepreneur's establishment where the consumer can submit complaints;
• The conditions under which and the manner in which the consumer can exercise his right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
• Information about warranties and existing after-sales service;
• The data referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
• The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the preceding paragraph shall only apply to the first agreement.

Each agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

For delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer or a designated third party by the consumer, who is not the carrier, has received the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. If he decides to withdraw from the agreement, he shall return the product to the entrepreneur with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he must make this known to the entrepreneur within 14 days after receiving the product. The consumer must do this by means of the model form or by another means of communication such as e-mail. After the consumer has indicated that he wants to exercise his right of withdrawal, the product must be returned within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of shipment.

If the customer has not indicated that he wishes to use his right of withdrawal and has not returned the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, he shall not bear the costs of returning the product.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or that conclusive proof of complete return shipment can be provided. Repayment will be made using the same payment method that the consumer used unless the consumer expressly agrees to a different payment method.

If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any decrease in value of the product.

The consumer cannot be held liable for any decrease in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be provided before the conclusion of the purchase agreement.

Article 8 - Exclusion of right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in section 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer or at least in a timely manner before the conclusion of the agreement.

The right of withdrawal can only be excluded for products:

• that are produced according to the consumer's specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can quickly spoil or age;
• whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
• for loose newspapers and magazines;
• for audio and video recordings and computer software whose seal has been broken by the consumer;
• for hygiene products whose seal has been broken by the consumer.

Article 9 - The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. The fact that any prices mentioned are target prices and subject to fluctuation is stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• they are the result of legal regulations or provisions; or
• the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include all taxes.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

Article 10 - Conformity and Warranty

Section 1 - Conformity

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Section 2 - Warranty

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The products must be returned in their original packaging and in new condition. The warranty period of the entrepreneur corresponds to the warranty period provided by the manufacturer or importer. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated in a manner contrary to the instructions on the packaging; the unsoundness is wholly or partly the result of regulations that the government has or will establish with regard to the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services. The address that the consumer has made known to the company applies as the place of delivery. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than within 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation for damages.

All delivery periods are indicative. The consumer cannot derive any rights from any mentioned terms. Exceeding a term does not entitle the consumer to compensation for damages.

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.

If delivery of a ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement product available. It will be clearly and comprehensibly communicated at the latest upon delivery that a replacement product is being delivered. With replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Payment

Payment is made directly on the website.

The consumer has the obligation to report inaccuracies in the provided or stated payment details to the entrepreneur immediately.

Article 13 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be fully and clearly described and submitted to the entrepreneur within 2 months after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is susceptible to the

In the event of complaints, the consumer must first turn to the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and if complaints that cannot be resolved in mutual consultation should be submitted to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this web store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have the dispute handled by the independent disputes committee appointed by Stichting WebwinkelKeur, whose ruling is binding and both the entrepreneur and consumer agree to this binding ruling. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Article 14 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 15 - Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.