GENERAL TERMS AND CONDITIONS
Sissy-Boy applies the General Sales, Delivery, and Payment conditions of MITEX (Association of Entrepreneurs in Fashion Retail). These conditions were drawn up in December 2002 in consultation with the Consumer's Association within the framework of the Coördinatiegroep Zelfreguleringsoverleg (CZ) of the Social-Economic Council and entered into force on 1 January 2003. You can find a copy of the conditions in the (additional) General Terms and Conditions of Sissy-Boy.
Article 1: Identity of the entrepreneur
1021 KB Amsterdam
Trade names: Sissy-Boy and Sissy-Boy Homeland
Telephone number: 0 20 555 8100
Availability: Mondays through Fridays from 9:00 AM to 17:00 PM
E-mail address: firstname.lastname@example.org
CoC Number: 33207653
VAT identification number: NL807292229B01
Article 2: Application
1. These general terms and conditions apply to all agreements, deliveries, and other services you conclude with Sissy-Boy / Montagny B.V.
2. By placing an order, you agree to the general terms and conditions.
3. Unless Sissy-Boy has communicated this to the customer in writing, the conditions of the customer will not be accepted.
Article 3: Conclusion of the agreement
1. Sissy-Boy will confirm the order by e-mail to you. Contrary to the provisions of Article 4.1 of the Mitex Conditions, the agreement is only concluded once the payment has been successful.
2. Sissy-Boy is entitled to refuse an order with motivation or to connect specific conditions to the delivery. If Sissy-Boy cannot unequivocally determine your place of residence, the order will not be accepted.
3. Orders which, for whatever reason, are technically or otherwise cancelled before the payment order has been completed, are incomplete, even if you have received the order confirmation. These orders will generlaly not be delivered for this reason. However, Sissy-Boy will endeavor to get in touch with you to complete the payment so that delivery can still occur.
Article 4: Prices and costs
1. The prices given in the online store at the moment of ordering apply to the agreement. The prices of the products are inclusive of VAT.
2. The prices given in the Sissy-Boy online store are exclusive of shipping and handling costs.
3. Sissy-Boy is not bound by its offer if there are printing, typesetting, or programming errors on its website.
Article 5: Delivery and implementation
1. Sissy-Boy will take the greatest possible care with the receipt and implementation of orders for products.
2. The place of delivery shall be the address you have made known to Sissy-Boy.
3. Sissy-Boy ships the accepted orders as quickly as possible in order of receipt. Generally, delivery occurs within 2 business days after receipt of the order. The stated delivery times are indicative. In accordance with the 'Distance Selling' law, the maximum delivery time is 30 days. If this period is exceeded, you have the right to cancel the agreement without giving any reason.
Article 6: Right of withdrawal with delivery
1. When purchasing products, contrary to the provisions of Article 5 of the Mitex Conditions, you do not have the option of exchanging a product. However, you do have the option of returning a delivered item to Sissy-Boy free of charge within eight (8) days after receipt without giving any reason. This also applies to discounted items. Doing so cancels the purchase of that item; within 3 days after receipt of your return, you will receive a voucher with a value equal to the amount you paid for Sissy-Boy for the returned item. This voucher can be spent in the Sissy-Boy Online Store.
2. If you do not wish to receive a voucher, you cannot make use of our free return service. In that case, the purchase amount of the product will be refunded within 14 days, minus a fee for the shipping costs of the return shipment.
4. When returning an item, you must follow the instructions listed on the packing slip enclosed with the shipment.
5. The condition of the returned products must be consistent with what is usual for normal use for inspection of the products, as is customary in conventional stores. If you make use of the right of withdrawal, you will return the product to Sissy-Boy with all included accessories and in the original condition and packaging, in accordance with the reasonable and clear instructions given by Sissy-Boy.
6. Sissy-Boy has the right to refuse a returned item or have it sent back to you if the item shows signs of use, no longer has the original labels, or shows signs of damage caused by the customer, or if you do not follow the rules for returns set by Sissy-Boy .
Article 7: Incorrect delivery
1. If Sissy-Boy has delivered a different item than the one you have ordered, or if an item is damaged or defective in some way, you must inform Sissy-Boy of this as soon as possible. The way in which to do this is indicated on the packing slip enclosed with the shipment.
2. Sissy-Boy will reimburse you for the purchase amount including the shipping costs.
Article 8: Complaints
1. If you wish to exchange or return an item, you must follow the instructions listed on the packing slip enclosed with the shipment.
2. Other questions, comments, or complaints regarding an order, payment, and/or delivery must be made in writing via e-mail to the e-mail address indicated in the order confirmation and on the packing slip.
3. The message must always include your name, the e-mail address known to Sissy-Boy, the order number listed in the order confirmation, and the item number.
4. General questions regarding Sissy-Boy or the website can be sent to email@example.com
Article 9: Age restrictions
1. Sissy-Boy does not accept orders from persons under 18 years.
Article 10: Payment
1. You can make use of the following payment methods: creditcard and Ideal. As of yet, you cannot pay with Sissy-Boy gift cards and vouchers. However, you can pay online with an Online voucher. This online voucher cannot be spent in our other branches.
2. All payments must be made in accordance with the instructions given on the pages of the online store.
Article 11: Privacy
1. By placing an order, you simultaneously agree to let Sissy-Boy use your personal information if necessary. Your information is only kept to the extent that this is necessary for achieving the purposes for which the personal information are obtained and processed by Sissy-Boy. In addition to implementing the agreement, this is understood to include the realisation of marketing purposes and maintaining the customer relationship with you.
2. The personal information provided by you will not be disclosed to any third party for commercial purposes without your express permission. You are always entitled to access and correct your personal information.
3. In accordance with the Act on Personal Data Protection, Sissy-Boy and Montagny B.V. have reported the registration of personal information to the Data Protection Board. You can submit a request to access your personal information in writing via e-mail to the following e-mail address: firstname.lastname@example.org
Article 12: Disputes
1. Disputes between Sissy-Boy and the customer may be submitted to the Disputes Committee for Textile and Footwear by both Sissy-Boy and the customer. Details about this procedure are listed in article 15 of the Mitex Conditions.
Mitex Sales, Delivery, and Payment Conditions
Article 1: DEFINITIONS
In these terms and conditions, the following definitions apply:
a. entrepreneur: every natural or legal person who operates a business in textile and/or footwair retail as a member of MITEX;b. consumer: a natural person who, not acting in the exercise of a profession or business, purchases textile good and/or footwear as a customer or provides these to the entrepeneur for repairs;c. textile goods and/or footwear also includes other items related to this industry insofar as they are sold by the entrepeneur referred to in a.;d. MITEX: Association of Entrepreneurs in Fashion, Sports, and Footwear Retail, located in Doorn;e. MITEX Guarantee Fund: a foundation, established in Doorn, with which MITEX has entered into an agreement by notarial deed of 10 January 1997.f. disputes committee: Disputes Committee Textile and Footwear, located at Bordewijklaaan 46, 2591 ZR Den Haag.
Article 2: APPLICABILITY
These terms and conditions apply to sales agreements and agreements relating to creating or modifying/repairing textile goods and footwear that are concluded between an entrepreneur and a consumer.
Article 3: QUOTATIONS
Quotations are valid for a period of two weeks from the date of receipt, unless the quotation stipulates otherwise or if agreed otherwise.
Article 4: GUARANTEE
1. The entrepeneur is entitled to request an advance payment of up to 50% of the purchase amount at the conclusion of the agreement. This must be agreed in writing. If a purchase amount is paid, the entrepeneur will provide the consumer with a receipt as proof of payment. If a written agreement and/or receipt is missing, the amount of (advance) payment can be proven by parties using all legal means.
2. If an advance payment is not refunded to the consumer as a result of suspension of payments or bankruptcy, MITEX, at the request of the consumer, will designate one or more entrepreneurs who will still execute the agreement with settlement of the amount of the advance payment. This designation will occur as quickly as possible, but in any case, within ten business days after the consumer submits their request for this to MITEX, and in consultation with the consumer to the extent this is possible.
3. If it is not possible to execute the agreement in the manner specified in paragraph 2, MITEX Guarantee Fund acts as a guarantor for the repayment of the advance payment to the consumer if written evidence for this advance payment can be provided. MITEX Guarantee Fund will repay the amount of the advance payment to the consumer within five business days after being informed that the execution is impossible.
4. In case of settlement as referred to in paragraph 2, as well as in case of payment as mentioned in referred to in paragraph 3, MITEX (see paragraph 2) or the MITEX Guarantee Fund (see paragraph 3) will assume the original rights of the consumer, such as those relating to the advance payments made by the consumer.
Article 5: EXCHANGE
1. Unless otherwise agreed, the consumer is entitled to exchange the purchased textile goods and/or footwear, provided that the following conditions are met:
o exchange occurs within 8 days (or if otherwise agreed: within the agreed period) after the date of delivery of the purchased textile goods and/or footwear with presentation of the original receipt or invoice;
o the textile goods and/or footwear are returned with the original packaging and have not been worn;
2. The provisions of paragraph 1 do not apply to discounted textile goods and/or footwear. Exchange is also impossible for textile goods and/or footwear that have been individialised, which means they are specifically tailored for the consumer, and ordered by the entrepeneur at the specific request of the consumer.
Article 6: BRIDAL WEAR
1. Cancellation of weddings for whatever reason shall in principle be entirely at the expense and risk of the consumer, and does not release the consumer from their commitments under the sale agreement toward the entrepreneur. Only exceptional and/or unforeseen circumstances (e.g. the death of one of the spouses to be) made plausible by the consumer can justify an exception to this rule. In that case, the consumer shall pay a reasonable compensation to the entrepreneur for the demonstrable loss suffered by the entrepreneur.
2. The reasonable additional (modification) costs relating to changes made to the size indications (e.g. due to pregnancy of the consumer) are fully at the expense of the consumer of the wedding gown has already been ordered and/or cut.
OWNERSHIP AND RIGHT OF RETENTION
1. The entrepreneur may retain ownership of all textile goods and/or footwear delivered by them. The consumer only attains ownership of the purchased textile goods and/or shoes if they have paid the purchase price and any related additional costs to the entrepreneur in full.
2. The entrepreneur can exercise the right of retention if the consumer fails to pay a due obligation, unless the failure does not justify this retention.
TERMINATION, CONVERSION, AND FORCE MAJEURE
1. Any failure by the entrepreneur in the performance of their obligations gives the consumer the authority to fully or partially terminate the agreement, unless the failure - given its special nature or minor importance - does not justify this termination with its consequences. Insofar as compliance is not permanently or temporarily impossible, the authority to terminate only becomes valid when the failing party is in default.
2. If the entrepreneur is in default, the consumer may claim a compensation as replacement for compliance with the agreement and inform the entrepreneur of this in writing. This conversion is not possible if the failure - given its minor importance - does not justify it.
3. Force majeure is understood to mean any shortcoming that cannot be attributed to the entrepreneur. Attribution shall not occur if the shortcoming is not due to their fault, either by law, legal act, or the generally accepted view that it is attributable to them.
4. The consumer shall be informed of the force majeure in writing as soon as possible by the entrepreneur, unless the address of the consumer has not been made known to the entrepreneur or can reasonably be known to them.
1. Delivery is deemed to have occurred at the moment the purchased textile goods or footwear are placed or - in case of refusal after written notice of default - can be placed in the possession of the consumer by the entrepeneur. After delivery, the risk relating to the textile goods and/or footwear transfers to the consumer.
2. The delivery term shall act as a deadline, unless the parties agree otherwise.
3. When exceeding the delivery term that cannot be regarded as a deadline, the consumer must provide the entrepreneur with a written notice of default, whereby a second reasonable term for compliance is offered. If the entrepeneur does not proceed with delivery within this second term, the consumer has the right to terminate the agreement without judicial intervention and/or claim compensation.
4. When exceeding the delivery deadline, the consumer has the right to terminate the agreement without notice of default or judicial intervention and/or claim compensation.
5. A notice of default is not necessary when the delivery has become permanently impossible or it otherwise appears that the entrepeneur will be unable to fulfill their obligations under the purchase agreement.
Article 10: WARRANTIES
1. The entrepreneur warrants that the delivered textile goods and/or footwear are in line with the agreement (conformity). The entrepeneur also warrants that the textile goods and/or footwear have the features that, taking all circumstances into account, are necessary for normal use, as well as for special use insofar as this was agreed.
2. The entrepeneur shall not be responsible for defects that occur after delivery of the textile goods and/or footwear as a result of improper use or lack of care, or due to changes the consumer or third parties have made to the delivered item(s). The entreneur is also not liable for any damage caused by these defects.
3. The consumer fully retains their legal warranty rights, irrespective of the provisions of paragraph 1 and 2 regarding the trade guarantee issued by the entrepreneur.
Article 11: PAYMENT
1. The amount owed to the entrepeneur must be paid immediately upon delivery in exchange for proof of payment, unless the parties agree otherwise.
2. If an invoice is sent, a payment term of up to fourteen days after receipt of the invoice by the consumer applies, unless a different payment term has been agreed. The consumer is automatically in default if they have not paid the owed amount after expiry of this payment term.
3. If the consumer is in default, the entrepeneur shall send them a payment reminder which points out their default, and in which another term of fourteen days after receipt of this payment reminder is offered for paying the amount owed.
4. If the consumer does not meet their payment obligations within this second payment term, the entrepeneur has the right to proceed with collection of the amount owed without further notice.
1. In case of late payment of an amount due, the other party has the right to charge statutory interest, calculated from the date of commencement of the default under Articles 9 and 11 of these terms and conditions until the date of payment.
2. The extrajudicial costs reasonably incurred by a party shall be borne by the other party.
Article 13: CONSEQUENCES OF TERMINATION
After termination of the agreement, the parties must immediately undo any already performed actions, such as an advance payment. The entrepreneur is entitled to apply a reasonable deduction for use from the purchase price if the consumer has worn the purchased textile goods and/or footwear.
Article 14: COMPLAINTS
1. Complaints about defects of purchased textile goods, footwear, and/or other complaints about faults in the implementation of the agreement must be submitted to the entrepeneur as soon as possible, but in any case, within 2 months after their discovery.
2. The consumer must preferably inform the entrepeneur of their complaints in writing.
3. Before making use of their right of complaint, the consumer must demonstrate, at the request of the entrepreneur, that the agreement the complaint relates to was concluded with this entrepreneur. For this purpose, the consumer is recommended to keep the proof of purchase, the proof of handing over for repair, or the proof of order for creating the textile goods and/or footwear.
Article 15: DISPUTES
1. Disputes between the consumer and the entrepreneur regarding the conclusion or implementation of agreements relating to the textile goods and/or footwear to be delivered by this entrepreneur, can be submitted by both the consumer and the entrepreneur to the Disputes Committee Textile and Footwear, Bordewijklaan 46, 2591 ZR Den Haag.
2. The verdict of the disputes committee (the binding opinion) is binding for all parties.
3. A dispute will only be dealt with by the disputes committee if the consumer first submits their complaint to the entrepreneur in accordance with the term referred to in Article 14, and the consumer also satisfies the conditions set out in the regulations of disputes committee.
4. The consumer must bring the matter to the disputes comittee within three months after submitting their complaint to the entrepreneur in writing, indicating the name and address of the consumer and entrepreneur, respectively, a clear description of the dispute, the date on which the complaint was submitted by the consumer to the entrepreneur, and the claim. Once the disputes committee has taken the dispute into consideration, the entrepeneur is bound by this choice and they can no longer appeal to ordinary courts for this dispute.
5. The disputes committee is not authorised to deal with a dispute that relates solely to the non-payment of an invoice. If the consumer does not pay their invoice (in time), the entrepreneur can start a procedure with the ordinary court.
6. If the consumer submits a dispute to the disputes committee, the disputes committee will only take this dispute into consideration afte rthe consumer has deposited any (remaining) amounts owed to the entrepeneur in escrow with the disputes committee, unless the parties agree otherwise.
7. If the entrepeneur submits a dispute to the disputes committee, the disputes committee will only take this dispute into consideration after the consumer has received a written request from the entrepeneur to declare in writing within one month that they will abide by the decision of the disputes committee. The entrepeneur must thereby announce that after expiry of said period, they shall be free to submit the dispute to the ordinary court. The dispute shall then be dealt with by the committee as if the consumer had submitted it, with the exception of the complaint fee paid by the entrepreneur.
8. A fee is due for the handling of a dispute.
9. For further procedures relating to dealing with disputes, please refer to the Rules of the Disputes Committee Textile and Footwear, which is sent to the party after the dispute has been submitted.
Article 16: DUTCH LAW
All agreements to which these terms and conditions have been declared applicable are subject to Dutch law.
Article 17: COMPLIANCE GUARANTEE
The MITEX Guarantee Fund or MITEX, respectively, shall assume the obligations of a member toward the consumer, imposed on them in a binding opinion of the Disputes Committee Textile and Footwear, if the member has not fulfilled these obligations within the term set for this in the opinion. The MITEX Guarantee Fund shall thereby assume the obligations to the extent that they consist of monetary payments and MITEX will assume the remaining obligations, whereby the association will proceed to designate one or more entrepeneurs who will still implement the agreement. If the binding opinion is submitted to a court within two months after the date of this opinion, the appeal to the compliance guarantee shall be suspended until the verdict has become final.
2. This guarantee requires the consumer to submit a written claim to the MITEX Guarantee Fund in case of monetary payment or to MITEX in case of other obligations, respectively.
3. After fulfillment of the obligations under the provisions of paragraph 1, the MITEX Guarantee Fund or MITEX, respectively, shall assume the rights of the consumer as arising from the original agreement.
Article 18: EXCEPTIONS
Individual exceptions, including additions and extensions of these terms and conditions, must be laid down in writing between the entrepreneur and the consumer.
Article 19: CHANGES
Changes to these terms and conditions can only be established in consultation with the Consumer's Association.