Terms and Conditions
FOR WEDDING & CUSTOMIZATION
You made the right decision.
Buying at a CBW-approved shop offers many advantages but more security.
Shops that are CBW-approved use general conditions that protect you as an extra consumer well. They have agreed with the Consumers' Association. This includes all rules vital to you if you buy something, for example, payment, delivery time, delivery, and warranty.
CBW-approved shops offer more security than other bridal fashion stores because they have an arrangement with three guarantees. For example, in the area of payment. If a CBW-approved shop goes bankrupt, there is a down payment arrangement*. And if you have a complaint and can't come out together, then there is an independent disputes committee, which guarantees an appropriate solution. In addition, you may choose when in doubt within fourteen days of buying the other dream dress at the same store. There are CBW-approved stores all over the country, recognizable by the CBW-recognized logo with the year.
See the CBW-recognition conditions for bridal fashion and customization for all conditions and working methods. How exactly it works and what the conditions are can be read in this CBW-recognised conditions and on www.cbw-erkend.nl.
CBW RECOGNIZED AND SECURED OF YOUR PURCHASE
Visit www.cbw-erkend.nl for more information about CBW recognition and the scheme.
* No rights and obligations can be derived from the text on this page; the exact conditions, limitations, and working methods are detailed in the articles of these CBW-recognized conditions.
ARTICLE 1 - Definitions
In these terms and conditions, the following definitions apply:
Bridal fashion: fashion (including accessories) for ladies, gentlemen, and children on behalf of special occasions, such as weddings and parties;
Customization: a fashion product composed and made up based on the specific wishes of the buyer;
Entrepreneur: the CBW-approved seller/contractor, a participant in SG CBW, who enters into or wishes to agree with the buyer;
Buyer: the buyer/client or anyone who works with the entrepreneur enters into or wants to agree;
Consumer: the buyer who does not act in the exercise of a profession or business;
Business buyer: the buyer who acts in the exercise of a profession or business;
Delivery date: the fixed day specified in the agreement on which the delivery must be made.
An agreement concluded at a distance: the contract whereby up to and including the conclusion of the agreement exclusively: one or more techniques are used for distance communication, as referred to in Article 6:230g paragraph 1 under e BW; Off-premises contract: an agreement that is concluded other than in the business premises of the entrepreneur, as referred to in Article 6:230g paragraph 1 under f of the Dutch Civil Code;
SG CBW: CBW Guarantee Schemes Foundation, which is taxed with the implementation and enforcement of the guarantee schemes as referred to in Articles 13 and 16 of these terms and conditions;
ARTICLE 2 - Validity
1. CBW-approved entrepreneurs may only use these terms and conditions. An overview of this can be found at www.cbw-erkend.nl.
2. If, in addition to these general terms and conditions, specific webshop terms and conditions apply, the consumer can invoke the provision that applies to him that is most favorable.
ARTICLE 3 - Intellectual property
1. The entrepreneur reserves the intellectual property in front of. This applies, for example, to designs provided, images, drawings, samples, samples, and models. They must be sent immediately at the request of the entrepreneur returned. In that case, the entrepreneur retains his other rights.
2. The purchaser may not make any indications in the performance to remove the entrepreneur's intellectual property or change.
3. The buyer may not use the material of the entrepreneur on which intellectual property rest multiply, disclose, exploit or display without permission from the entrepreneur.
ARTICLE 4 - The offer
1. The quotation is valid up to 18 days after the date unless the offer shows otherwise. The quotation is based on the information provided by the buyer and (possibly) on the entrepreneur's measurements.
2. The buyer is obliged to inform the entrepreneur about circumstances that affect the execution of the agreement influence to the extent that the buyer knew or should have known. This concerns, for example, size fluctuations due to pregnancy or (intentions to go) lines.
3. The offer will expressly include the following:
• a complete description of the goods to be delivered and performed work;
• the total (purchase) price;
• the delivery date; and
• the risks for both parties, including the (limited) possibility to exchange.
4. The quotation states the payment conditions if they deviate from article 5, paragraph 1, and article 10.
5. Activities not included in the quotation are not covered under the agreement, and the price is stated in the quotation.
6. The entrepreneur may charge pass money to the buyer if the buyer ultimately does not have a purchase agreement with the entrepreneur close. This is only allowed if he can demonstrate this as indicated before fitting and the rate is evident.
7. In the event of a distance or off-premises contract, the entrepreneur is subject to the (information) obligations as determined in the relevant articles of section 2B of Book 6 of the Civil Code.
ARTICLE 5 - The Agreement
Retention of title
1. The entrepreneur remains the owner of the goods sold to the buyer that the buyer has taken but has not yet been paid. The buyer ensures that included unpaid items stay in new condition and undamaged until the purchase price (and any associated costs and interest) have been paid. Extra damage due to depreciation shall be borne by the buyer. Security for business buyers
2. In an agreement with a business buyer, the entrepreneur is entitled, before delivery or with the delivery or fulfillment of the deal, to sufficient security for fulfilling the payment obligations to be claimed from the buyer.
Compensation for business buyers
3. The entrepreneur is in the execution of an agreement with a business buyer and never obliged to pay any other compensation than expressly stated in these terms and conditions have been deposited, in particular not to compensate other direct or indirect damage, including damage from third parties, loss of profit and the like.
ARTICLE 6 –Cancellation, exchange, and storage
1. Cancellation of the purchase by the buyer is at the expense and risk of the buyer and does not release him from his liability obligation to pay. Only in case of death or a life-threatening illness of one of the spouses as a result of which the marriage cannot take place an exception to this rule. The buyer must report this, if necessary, prove the entrepreneur's request, for example, by a doctor's note. In the event of cancellation on these grounds, the entrepreneur may or may not provide reasonable compensation for the demonstrably suffered by the entrepreneur charging the loss to the buyer.
2. In the case of a distance or off-premises contract, the consumer has a statutory cooling-off period of 14 to dawn. When using the right of withdrawal, no cancellation costs will be charged during this period.
3. The buyer may, within 14 days after the conclusion of the agreement one-time another choice from the collection of entrepreneurs. If the replacement choice is cheaper than the original one, the original one remains price applies. Exchange is not possible as a buyer; when closing, the agreement waives the possibility to exchange (e.g., in connection with the supplier's delivery times). This will be noted on the contract.
Consequences do not pick up.
4. The entrepreneur may dissolve the agreement if the occasion date for which the case is intended is expired, the buyer has not collected the item, and there is no new opportunity date. In that case, the entrepreneur gives the buyer three months to collect the item and informs the buyer of this in writing or electronically. Will the case be settled after this period? Not collected by the buyer, the entrepreneur can dispose of the goods without prejudice to his right to claim the purchase price, insofar as not yet paid, to cover his damage.
5. The entrepreneur may charge reasonable storage costs if the buyer collects the item later than the original occasion date. The entrepreneur provides the risk of fire and damage during storage in a consumer purchase, for his account is covered by insurance.
ARTICLE 7 - The delivery date and delivery
1. If no delivery date has been agreed upon, delivery takes place no later than one week before the occasion date unless the parties agree otherwise or at last at the moment, not yet foreseeable size adjustments needed.
2. If the delivery date is exceeded, the buyer has the right to dissolve the agreement without notice of default or judicial intervention and/or compensation to demand.
3. If the delivery date is exceeded, the entrepreneur agrees with a business buyer not liable for consequential damages, however named.
4. If the agreed delivery date is not met due to circumstances at the buyer's risk, then the entrepreneur is not liable for exceeding the delivery date and any damage resulting. The parties will then consult on a new delivery date to agree.
ARTICLE 8 - Obligations of the entrepreneur
1. The entrepreneur delivers the agreed goods properly and adequately to the agreements in the agreement. The agreed work is performed well by the entrepreneur, correctly and according to the contract arrangements.
2. The entrepreneur adheres to the legal regulations in the execution of the agreement. ARTICLE 9 - Obligations of the buyer
1. The buyer must inform the entrepreneur about facts and/or circumstances that affect the implementation of the may affect agreement to the extent that the buyer knew or should have known. This concerns, for example, size fluctuations due to pregnancy or (intentions to go) lines.
2. The buyer allows the entrepreneur to deliver or perform the work.
3. The buyer must take care of the entrepreneur's goods with the buyer until the purchase price has been paid in full and delivered (see also article 5, paragraph 1).
4. The buyer who, against the express advice of the entrepreneur, insists on performing certain activities is liable for the damage caused by this.
ARTICLE 10 – Payment
Buy and sell non-custom products
1. Every agreement, except customization, takes place under the general payment condition:
• maximum deposit at the consumer: 50% of the purchase price and beyond;
• if no custom delivery is required: remainder at pick up the dress; or
• if custom delivery is required: with the first apply the remainder to a maximum of 90% of the purchase price. Ownership shall pass to the purchaser upon receipt of a down payment of more than 50% of the purchase price. The remaining percentage will be paid upon collection.
2. In the case of an agreement for only customization, the following applies: general payment condition:
• when placing the order by a consumer: a deposit of up to 25% of the agreed sum;
• after the supply of the materials up to a maximum of 50% of the total purchase price. Ownership of the business passes on to the buyer upon receipt of a deposit of more than 25% of the purchase price;
• with the first pass up to a maximum of 75%; and
• when collecting the dress/clothing, the remaining percentage.
Proof of payment and property
4. Entrepreneur gives the buyer proof of payment, which also serves as proof of ownership. 5. The entrepreneur ensures that, also for third parties, the properties of buyers that remain with the entrepreneur are individually determinable by at least the name of mention the owner. 6. If the buyer does not pay in the store but makes an invoice or payment request, this will include a reasonable payment term.
7. On the maximum down payment referred to in paragraphs 1 and 2, in the case of a contract with a consumer, the guarantee of Article 13 applies; the buyer must comply with the procedure referred to in this article.
8. In agreements with business buyers, the parties are free to accept payment conditions other than those referred to in paragraphs 1 and 2. The deposit guarantee of article 13 of this agreement does not apply.
9. If the buyer does not pay on time, he is automatically absenteeism. After the expiry of the invoice date, the entrepreneur will send a payment reminder in which he informs the buyer of his omission and still allows him to be paid within fourteen days of receipt of the payment reminder.
10. After the expiry of the referred to in paragraph 5, the entrepreneur is a term, without further notice of default, to proceed to the collection of the amount owed. If the entrepreneur takes collection measures, the associated costs are by statutory regulations and up to at least 15% of the outstanding principal, with a minimum of €40 at the buyer's expense.
11. If after the expiry of the term in the payment reminder, as referred to in paragraph 5, payment has still not been made, the entrepreneur charges statutory interest from the expiry of the applicable time limit for the amount referred to in paragraph 5 until the day of receipt of the owed.
Right of retention
12. The entrepreneur can exercise the right of retention (withholding) exercise if the buyer fails to satisfy a due and payable claim unless this shortcoming does not justify holding back.
ARTICLE 11 - Extra costs, additional work, and/or less work
1. Additional or less work is understood to mean work that, with the consent of both parties, is additional or not carried out or a good that is extra or not delivered about the agreement. The entrepreneur gives clarity about the costs in advance.
2. Costs that arise because the buyer is in default the execution or progress of the work remained possible to be made, the buyer will be charged extra as additional work brought. This also includes the after the closure reasonable other (entertainment) costs incurred from the purchase agreement in connection with dimensional corrections deviating from the measures taken with the first pass (for example, if due to pregnancy or weight fluctuations of the buyer), if the purchased item has already been ordered, cut and/or clipped.
ARTICLE 12 - Conformity and Warranty
1. The delivered item must have the properties that the buyer under the agreement under everyday use may expect (conformity). This also applies to particular benefits to the extent permitted by the parties at the time the conclusion of the agreement is provided.
2. Deviations in the delivered color, structure, and such will only constitute grounds for complaint if such deviations are technically unacceptable according to applicable and customary standards or trade practice.
3. The product guarantees referred to in paragraphs 1 and 2 are provided by the entrepreneur. They are not covered by the deposit guarantee of the SG CBW, referred to in Article 13.
4. The buyer is obliged to behave as a suitable buyer. For example, the buyer must be adequately and sufficiently maintained, treated with care, and expertly cleaned. In bridal fashion and party wear, the buyer must consider the frequent sensitive materials and applications when using and cleaning. Cleaning by exceptional Bridal cleaning companies, which guarantees the cleaning result, is preferred.
ARTICLE 13 - Deposit Guarantee
A step-by-step plan and more information about this warranty can be found at www.cbw-erkend.nl.
1. The consumer has a guarantee if, in the case of bankruptcy/suspension of payment/legal debt restructuring, the entrepreneur has not received a product where he has paid for it. The guarantee is that the consumer can conclude a replacement agreement with another CBW-recognized bridal fashion/customization entrepreneur, whereby the down payment on the due price is deducted.
2. To be eligible for the warranty, the consumer must comply with the following formalities:
a. The consumer will make no later than three months after the conditions in paragraph 1 have been met, or as much sooner as the opportunity date requires, a written or electronic (via www.cbw-erkend.nl) appeal to the deposit guarantee at the SG CBW.
b. The consumer at this moment submits, in any case, a copy of the purchase agreement, proof of deposit, and a copy of the notice from the trustee in bankruptcy/administrator that the contract is not performed (on behalf of the entrepreneur, or by an acquiring party under the same conditions as agreed with the entrepreneur) and that the deposit is not refundable. No need to wait to be on the notice of the bankruptcy trustee if the occasion date makes it necessary earlier with the execution of to start the deposit guarantee.
c. The consumer must deduct his claim against the original entrepreneur (a maximum of the amount referred to in paragraph 6). transfer amount) to the SG CBW.
3. If the consumer meets the conditions in paragraph 2, the SG CBW will no later than two months after the warranty has been invoked, or earlier if the necessitates an opportunity date, leave it to the consumer to know if it qualifies for the contract. So yes, the SG CBW will inform provide the consumer with written proof with which he can conclude a replacement purchase with another CBWorking bridal fashion/customization entrepreneur (for a list of entrepreneurs, see www.cbw-erkend.nl; available on request, a list will be sent).
4. The guarantee scheme has the following conditions:
a. The consumer immediately hands over the information referred to in paragraph 3. proof from the SG CBW, to the entrepreneur with whom the replacement sale is concluded.
b. The replacement sale must be concluded within six months after receipt of the proof referred to in paragraph 3.
c. The entrepreneur with whom the consumer has a replacement wants to conclude a sale and has a best efforts obligation to deliver agreed goods at the original price if he is a dealer of the relevant brand, and the article is still available.
d. If the entrepreneur with whom the consumer wants to conclude a replacement purchase can demonstrate that an unusual discount was given on the original agreement, he may keep the average selling price.
e. The guarantee applies to a deposit of up to 50% and a maximum of 25% for custom work. Does the consumer If you have paid more in advance without obligation, the guarantee does not apply the multiple.
f. The consumer's deposit will be deducted from the price due but not more than 50% of the original price and not more than 50% if the new price is lower than the actual price. For calculation examples, see www.cbw-erkend.nl.
g. The entrepreneur may enter into a replacement agreement if he demonstrates to SG CBW that he has already concluded so many replacement agreements that his regular business is endangered.
h. The entrepreneur with whom a replacement agreement is being closed may exclude specific models from being offered, for example, discounted items.
i. The entrepreneur with whom a replacement agreement is closed may charge an entertainment fee.
5. Not covered by the deposit guarantee:
• agreements with business buyers;
• the Product warranty referred to in article 12, paragraph 1;
• concluding a replacement agreement without prior assessment by SG CBW, as referred to in paragraph 2.
ARTICLE 14 - Complaints
1. Complaints about the execution of the agreement must be fully and clearly described, preferably in writing or electronically, and be submitted to the entrepreneur promptly after the buyer has discovered the defects.
2. In the case of consumer purchases, a notification is required within two months after the discovery of the defect at any point promptly. Faster notification of complaints immediately after observation is in the interest of the entrepreneur and buyer.
3. Failure to submit the complaint in time may result in the buyer losing his rights.
ARTICLE 15 - The dispute settlement procedure
1. Disputes between consumer and entrepreneur about the conclusion or execution of agreements relating to being delivered or delivered by this entrepreneur services and goods can be used by both the consumer and submitted by the entrepreneur to the Bridal Fashion Disputes Committee, Bordewijklaan 46, PO Box 90600, 2509 LP The Hague. How this works is to be seen and read at www.cbw-erkend.nl. For a possible faster solution as an alternative, consumers can also use a dispute procedure making the CBW-recognized Mediation Service, telephone 088-9730607 or visit www.cbw-erkend.nl. More information about the Bridal Fashion Disputes Committee and how directly a complaint can be submitted digitally can also be found at www.degeschillencommissie.nl.
2. A dispute will only be settled by the Disputes Committee in processed if the consumer first submits his complaint submitted to the entrepreneur.
3. After the complaint has been submitted to the entrepreneur, the dispute will be brought before the Disputes Committee no later than twelve months after it arises.
4. When the consumer submits a dispute to the Disputes Committee, is the entrepreneur with this choice bound to. If the entrepreneur wants a debate pending to the Disputes Committee, he must inform the consumer and asks to make a statement within five weeks of whether he agrees. The entrepreneur must announce that after the expiry of the period above, he will be free to bring the dispute before the court.
5. The Disputes Committee decides with due observance of the provisions of the applicable regulations. The decisions of the Disputes Committee are made under those regulations by way of binding advice.
The regulations can be viewed at www.degeschillencommissie. Nl. A fee is charged for the handling of a dispute owed.
6. If, in addition to the Bridal Fashion Disputes Committee, the Thuiswinkel Disputes Committee (members of Thuiswinkel. org) or the Webshop Quality Mark Disputes Committee (members of the Stichting Webshop Keurmerk) is authorized, the following. For disputes relating mainly to the method of distance selling or service, you can the best place to go to the Disputes Committee Thuiswinkel or the Disputes Committee Webshop Quality Mark. For other disputes, it is best to contact the Bridal Fashion Disputes Committee. This is related to the committees of experts.
7. Only the court or the Disputes Committee mentioned above can take cognizance of disputes. This is also allowed via the European Platform Online Dispute Resolution (http://ec.europa.eu/odr), which will refer to the Disputes Committee.
ARTICLE 16 - Compliance guarantee
1. The SG CBW guarantees compliance with a Bridal Fashion Disputes Committee declared binding advice by a CBW-approved entrepreneur. The consumer must be within three months after the term has expired, within which the entrepreneur had to give the critical guidance to comply with a written or electronic appeal at the SG CBW.
2. However, the SG CBW does not provide a performance guarantee if:
• the entrepreneur receives the binding advice within two months after it has been sent for destruction to be submitted to the court;
• on the agreement underlying the binding advice invoking the deposit guarantee referred to in article 13 can or could have done become;
• during the procedure before the Disputes Committee of bankruptcy, suspension of payments or legal debt restructuring of the entrepreneur or his business activities have been terminated. Determining the latter situation is the date on which the company termination is registered in the Trade Register or an earlier date on which the SG CBW can make it plausible that the store has closed and not started elsewhere. If this is the case, then will be the handling of the dispute procedure discontinued.
3. The guarantee by SG CBW is limited to €10,000 per binding advice. SG CBW provides this guarantee under the condition that the consumer covered by this warranty invokes its claim under the critical advice up to a maximum of the amount paid to SG CBW transfers (assigns) simultaneously with the payment of his invoke the performance guarantee. On the more has, SG CBW has a best efforts obligation to ensure that the entrepreneur complies with the binding advice. This keeps in that the consumer is offered his claim for also transferring the excess to SG CBW, after which SG CBW, in its name and at the expense of SG CBW de will demand payment thereof in court to satisfy the consumer.
4. In the event of cessation of the business activities of an entrepreneur, as referred to in paragraph 2, the total amount of guarantees to consumers is limited to € 10,000 per entrepreneur. The processing takes place in the order of receipt at SG CBW of the written or electronic invoke the performance guarantee up to the maximum of €10,000 has been reached.
ARTICLE 17 - Dutch law
All agreements to which these terms and conditions are subject to Dutch law. © Copyright: INretail, PO Box 762, 3700 AT Zeist