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TERMS AND CONDITIONS

Definitions

 

-  BepStyle: BepStyle, established in Voorthuizen under Chamber of Commerce no. 61851949.

-  Customer: the person with whom BepStyle has entered into an agreement.

-  The customer can be a person/consumer, but also a company or other type of organization.

-  Parties: BepStyle and customer together.

Applicability of general terms and conditions

1.        These terms and conditions apply to all quotations, offers, activities,     orders, agreements and deliveries of services or products by or on behalf of BepStyle.

2.        Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.

3.        The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

 

Prices

1.        All prices that BepStyle uses are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless  expressly stated otherwise or otherwise agreed.

2.        All prices that Bepstyle uses for its products or services, which are made known on the website or otherwise, can be changed by BepStyle at any time.

3.        Increase in the cost prices of products or parts thereof,  that BepStyle could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.

4.        The customer has the right to dissolve an agreement as a result of  a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

 

Samples/Models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

 

With regard to the workshops given at and by BepStyle

If a customer has registered for a workshop at BepStyle, this registration can be done until  2 days (48 hours)  prior to the time of the workshop can be canceled by the customer at no cost. In case of cancellation after this period, the customer owes the full amount for the workshop.

 

With regard to the bookings concerning the entertainment by BepStyle

Agreements regarding entertainment bookings by BepStyle must be made in writing or electronically. A booking is only final when the customer has paid half of the agreed total amount. Cancellation of the booking is possible up to 14 days prior to the agreed date of execution of the assignment. In the event of cancellation after the aforementioned period, the customer owes the full amount of the order.

 

Consequences of not paying on time

1.        If the customer does not pay within the agreed term, BepStyle is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.

2.        If the customer is in default, he also owes extrajudicial collection costs and any compensation to BepStyle.

3.        The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4.        If the customer does not pay on time, BepStyle may suspend its obligations until the customer has fulfilled its payment obligations.

5.        In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, BepStyle's claims against the customer are immediately due and payable.

6.        If the customer refuses to cooperate with the execution of the agreement by BepStyle, he is still obliged to pay the agreed price to BepStyle.

 

Right of advertising

As soon as the customer is in default, Bepstyle is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

BepStyle invokes the right of advertising by means of a written or electronic communication.

As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to BepStyle, unless the parties agree otherwise.

 

The costs for the collection or delivery are for the account of the customer.

 

Right of withdrawal

1.        A customer can cancel an online purchase during a cooling-off period of 14 days without giving reasons, provided that:

      -  the product has not been used

         - it is not a product that has been tailor-made or adapted especially for the consumer

         - it is not a product that can be returned for hygienic reasons (underwear, swimwear, etc.) if it is not a repair order

2.        The reflection period of 14 days as referred to in paragraph 1 starts on the day after the consumer has received the last product or part of
           order

3.        The customer can make his appeal to the right of withdrawal known via the BepStyle website

4.        The customer is obliged to return the product to BepStyle within 14 days after the notification of his right of withdrawal, failing which
           his right of withdrawal lapses.

5.        The costs for returns are borne by the customer, unless otherwise agreed in writing or electronically.

 

Right of retention

1.        BepStyle can invoke its right of retention and in that case retain the customer's products until the customer has all outstanding
          invoices vis-à-vis BepStyle, unless the customer has provided sufficient security for those costs.

2.        The right of retention also applies under previous agreements from which the customer still owes BepStyle payments.

3.        BepStyle is never liable for any damage that the customer may suffer as a result of using its right of retention.

 

Settlement

The customer waives his right to set off a debt owed to BepStyle against a claim against BepStyle.

 

Retention of title

1.        Bepstyle remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards BepStyle under any agreement concluded with BepStyle, including claims for failure to perform.

2.        Until then, BepStyle can invoke its retention of title and take back the goods.

3.        Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

4.        If BepStyle invokes its retention of title, the agreement will be deemed dissolved and BepStyle will be entitled to claim compensation, lost profit and interest.

 

Delivery

1.        Delivery takes place while stocks last.

2.        Delivery takes place at BepStyle, unless the parties have agreed otherwise.

3.        Delivery of products ordered online takes place at the address specified by the customer.

4.        Delivery of products ordered online only takes place when the agreed amount has been paid. As long as the agreed amount has not yet been paid, BepStyle has the right to suspend its obligations until the agreed amount has been paid.

 

Delivery time

1.        The delivery times specified by BepStyle are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.

2.        The delivery time starts at the moment that the customer has fully completed the (electronic) order process and has received an (electronic confirmation) from Bepstyle.

3.        Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless BepStyle is unable to deliver within 14 days after being required to do so in writing or if the parties have agreed otherwise.

 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

 

Transportation costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

 

Packing and Shipping

1.        If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which BepStyle cannot be held liable for any damage. .

2.        If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to BepStyle prior to transport, failing which BepStyle cannot be held liable for any damage.

 

Storage

1.        If the customer does not accept the ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2.        Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

 

Guarantee

The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.

The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.

The warranty does not apply in the case of 2nd hand or B-choice items.

The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

 

exchange

1.        Exchange is only possible if the following conditions are met:

          - exchange takes place within 14 days after purchase against presentation of the original invoice

          - the product is returned in its original packaging or with the original (price) tags still attached.

          - the product has not yet been used

2.        Discounted items, custom made items or custom made items and products made to order especially for the customer cannot be exchanged.

 

Disclaimer

The customer indemnifies BepStyle against all claims from third parties related to the products and/or services supplied by BepStyle.

 

Complaints

1.        The customer is required to examine a product or service provided by BepStyle as soon as possible for any shortcomings.

2.        If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must
           To inform BepStyle of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.

3.        The customer provides as detailed a description as possible of the shortcoming, so that BepStyle is able to respond adequately.

4.        The customer must demonstrate that the complaint relates to an agreement between the parties.

5.        If a complaint relates to ongoing work, this can in any case not lead to BepStyle being obliged to
           to perform work other than that which has been agreed.

 

Notice of default

1.        The customer must notify BepStyle of any notice of default in writing.

2.        It is the customer's responsibility that a notice of default actually reaches BepStyle (on time).

 

Joint and several liability customer

If BepStyle enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to BepStyle under that agreement.

 

Liability BepStyle

1.        BepStyle is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or conscious
          recklessness.

2.        If BepStyle is liable for any damage, it is only liable for direct damage arising from or related to the performance
           of the agreement.

3.        BepStyle is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.

4.        If BepStyle is liable, this liability is limited to the amount paid by a closed
           (professional) liability insurance company is paid out and in the absence of (full) payment by an insurance company of
           the amount of the damage, the liability is limited to the (part of the) invoice amount to which the liability relates.

5.        All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and
           cannot give rise to compensation and/or (partial)  dissolution of the agreement and/or suspension of any obligation.

 

Expiration period

Any right of the customer to compensation from BepStyle expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

 

Right to dissolution

1.        The customer has the right to dissolve the agreement if BepStyle imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.

2.        If the fulfillment of the obligations by BepStyle is not permanently or temporarily impossible, dissolution can only take place after BepStyle is in default
           is.

3.        BepStyle has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement.
           or if BepStyle has taken cognizance of circumstances that give it good grounds to fear that the customer will fulfill his obligations
           will not be able to comply properly.

 

Force majeur

1.        In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure on the part of BepStyle in the fulfillment of any obligation to
          respect of the customer cannot be attributed to BepStyle in a situation independent of the will of BepStyle, as a result of which fulfillment of its
          obligations towards the customer is wholly or partially prevented or as a result of which fulfillment of its obligations does not reasonably apply
          BepStyle may be required.

2.        To the force majeure situation referred to in paragraph 1, also, but not exclusively,  included: state of emergency (such as civil war, insurrection, riots,
           natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet,
           computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions
           and work stoppages.

3.        If a force majeure situation occurs as a result of which BepStyle cannot fulfill one or more obligations towards the customer, those
           obligations are suspended until BepStyle can meet them again.

4.        From the moment that a force majeure situation is at least 30 calendar days  has lasted, both parties may terminate the agreement in writing in full
            or partially dissolve.

5.        BepStyle does not owe any (damage) compensation in a force majeure situation, not even if as a result of the force majeure situation it
            enjoy.

 

Amendment of the agreement

If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

 

Change of terms and conditions

1.        BepStyle is entitled to change or supplement these general terms and conditions.

2.        Minor changes can be made at any time.

3.        BepStyle will discuss major substantive changes with the customer in advance as much as possible.

4.        Customers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

 

Transfer of rights

1.        Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written notice
           consent of BepStyle.

2.        This provision applies as a stipulation with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.

 

Consequences of nullity or voidability

1.        If one or more provisions of these general terms and conditions prove to be invalid or voidable, this affects the other provisions of these terms and conditions
           not meet the conditions.

2.        A provision that is void or voidable will in that case be replaced by a provision that comes closest to what BepStyle has in the
           drafting the conditions in that regard.

 

Applicable law and competent court

Only Dutch law applies to every agreement between the parties.

 

 

Prepared on March 28, 2020

Payment Methods
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