Article 1. Definitive
1.1 General Terms and Conditions (hereinafter referred to as "Conditions"): the following delivery and payment conditions apply to all sales via www.olivia-kate.nl. You agree to this when you place an order;
1.2 Company: www.olivia-kate.nl (hereinafter referred to as "Olivia & Kate") is the trading name of Olivia & Kate and is a store that offers online clothing and related articles to consumers through "distance selling";
1.3 Consumer: a natural person or company that enters into a distance contract with the entrepreneur;
1.4 Agreement: a distance contract between Olivia & Kate and the consumer.
Article 2. Applicability
2.1 These terms and conditions apply to every Olivia & Kate offer and to every distance contract concluded between the company and the consumer;
2.2 These terms and conditions are always applicable to all offers, orders and agreements concluded using the website www.olivia-kate.nl;
2.3 Before the distance contract is concluded, these conditions are made available via our website. Accepting an offer or placing an order means that these conditions have been accepted;
2.4 The provisions of these conditions can only be deviated from in writing. If a part of these conditions is deviated from, the other provisions will remain in full force. The consumer can not derive any rights for future transactions from any agreed deviations;
2.5 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Olivia & Kate.
Article 3. Agreements
3.1 An agreement is only concluded after acceptance of your order by Olivia & Kate. Olivia & Kate is entitled to refuse orders, or to attach certain conditions to the delivery, unless expressly provided otherwise. If an order is not accepted, this will be stated within five (5) working days after receipt of the order, stating the reason.
Article 4. Prices
4.1 All offers from Olivia & Kate are without obligation. Olivia & Kate expressly reserves the right to change the prices, especially when this is necessary on the basis of (legal) regulations;
4.2 The prices stated for the offered products are expressed in euros, including VAT. Shipping costs are (unless otherwise stated) not included in the prices mentioned. Before the agreement is concluded, the total price is communicated via the website;
4.3 Olivia & Kate can not be held liable for price indications that are incorrect, for example as a result of import, writing or printing errors. No rights can be derived from unlawful price information.
Article 5. Payments
Payment always takes place entirely in advance.
5.1 Payment can be made in various ways as mentioned below and indicated during the ordering process. Further (payment / order) conditions can be set for a consumer's order. After placing an order, the consumer immediately receives a confirmation by e-mail stating the total costs;
5.1.1 iDeal: If you bank via the internet include Fortis, Rabobank, ABN-AMRO, ING and SNS Bank, you can electronically pay your order safely through our site. An electronic payment via the Internet is comparable to a PIN payment in a store. After placing your order, you choose the payment method iDeal. A screen opens where you can choose the bank where you bank online. You then follow the procedure that you are used to paying via internet banking. Basically, the payment is processed the same day. For more information, please refer to the website of iDeal;
5.1.2 Directly and online through credit card payment (VISA, Maestro and Mastercard). Your payment is authorized online, so you know immediately whether it will be approved or not. No extra costs are charged for credit card payments;
5.1.3 In the event of bankruptcy or receivership of the consumer (or a request to do so), the progress of Olivia and Kate are immediately due and payable;
5.1.4 If Olivia & Kate has to hand over her claim for collection, the consumer will owe a fixed amount of 15% of the extrajudicial collection costs due. If Olivia & Kate can show that it has necessarily incurred higher costs, these costs will also be borne by the consumer.
Article 6. Delivery
6.1 All items from the online shop are available from stock. Unfortunately, it possible that an article is not available anymore, in that case we will inform the consumer as soon as possible;
6.2 Olivia & Kate strives to send all orders at the latest within 1 to 3 working days after receiving the payment. This is done to the delivery address specified in the order. If the delivery period deviates for specific reasons, the consumer will receive a message via e-mail. Basically, an order will always be sent within 1 to 3 working days after receipt of the payment;
6.3 Exceeding the stated delivery time does not entitle the consumer to compensation, dissolution of the agreement or non-fulfillment of any obligation that might arise for him from this or any other related agreement;
6.4 The order must have been delivered to the consumer no later than 14 days after the order. If it proves impossible to deliver an order within 14 days, the consumer will be informed about this in time and has the right to cancel the order free of charge;
6.5 Delivery in parts is permitted;
6.6 The delivery obligation of Olivia & Kate will be fulfilled once the delivery has been offered;
6.7 In case of refusal or non-collection of the offered delivery, return freight and storage costs, as well as the risk of damage or loss of the shipment, will be fully at the expense of the consumer;
6.8 Products offered are clearly and truthfully depicted and / or described and as complete as reasonableness required. However, it is possible that color, type, text and / or price changes deviate from reality.
6.9 Olivia & Kate is never responsible for consequential damages.
Article 7. Reservation of ownership
7.1 The ownership of the delivered products will only be transferred to the consumer if the latter one has fulfilled all that he owes to Olivia & Kate on the basis of the relevant agreement(s).
Article 8. Return / exchange of articles
8.1 We will do everything we can to inform you about the articles through our website. Nevertheless, if you do not wish to purchase an item without giving any reason, you have the right to return the product within 14 days after receipt of the order and / or exchange it in the shop;
8.2 During this period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes his right to exchange, he will return the product with all accessories and - if reasonably possible - undamaged and in the original condition and packaging to Olivia & Kate, in accordance with the reasonable and clear instructions provided by Olivia & Kate;
8.3 Olivia & Kate only accepts returns / exchanges for which the instructions have been followed. Returns / exchanges that have not been received within the stipulated time will not be accepted;
8.4 Consumer is responsible for the return of the article (s);
8.5 The costs of the return are at the expense of the consumer, unless otherwise agreed.
8.6 Your return shipment will be confirmed by e-mail after receipt of the goods.
8.7 In case the customer has paid shipping costs and returns the entire order, we are obliged to credit this shipping cost when this order has been fully returned to us. The credited shipping costs amount to a maximum of €3.99 within the EU.
Article 9. Complaints
Complaints regarding delivery and / or quality of your order
9.1 We do everything we can to deliver a perfect product. After receiving your order you must immediately inspect the delivered goods and immediately report any defects in writing. If a garment has not been delivered in accordance with your order or does not comply with the description on our website, you must notify us immediately. You can do this by sending an email to email@example.com.
This warranty will lapse if you have tried to rectify the defect yourself without consultation and / or have not followed the instructions and / or instructions for use.
If you have such a complaint about an item that you have bought from us, we would like to hear from you. You must notify us immediately. You can do this by sending an email to firstname.lastname@example.org.
We will solve the problem as soon as possible in consultation with you. In all cases, the instructions for returning, as you receive it when registering your complaint, must be followed exactly.
In order to facilitate the handling of your complaint, we ask you to follow our instructions strictly.
We care about our products and logically do our best to deliver them in top condition. Yet it sometimes happens that an order breaks during transport or that something else happens that allows you to claim under warranty. We offer a 30-day warranty after purchasing the product. If the defect falls within the warranty, we will arrange for repair or replacement free of charge. Fill in the contact form and we will get back to you with a solution as soon as possible.
Unfortunately it can always happen that something does not go quite as planned. We recommend that you report the complaints first by emailing email@example.com. If this does not lead to a suitable solution, it is possible to register your complaint through WebwinkelKeur https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil. From February 15, 2016, it is also possible for consumers in the EU to register complaints through the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being solved elsewhere, you are free to file in your complaint through the European Union platform.
Article 10. Liability
10.1 Any liability of Olivia & Kate, of personnel and products of Olivia & Kate for all damage, of whatever nature, direct or indirect, including trading loss, consequential damage, damage to movable or immovable property or to persons, is explicitly excluded. Neither is Olivia & Kate liable for the damage caused by third parties in the execution of the agreement.
10.2 Olivia & Kate accepts no liability for any damage resulting from the use of the products of Olivia & Kate.
10.3 Any liability of Olivia & Kate towards the buyer is in any case limited to at most the invoice amount that the buyer owes to HIPP under the relevant agreement.
10.4 For misunderstanding, mutilation, delays or inadequate delivery of orders and announcements as a result of the use of the internet or any other means of communication in the traffic between the consumer and Olivia & Kate, or between Olivia & Kate and third parties, insofar as they relate to Olivia & Kate is not liable for the relationship between the consumer and Olivia & Kate, unless and insofar as there is intent or gross negligence on the part of Olivia & Kate.
Article 11. Force majeure
11.1 In the event of force majeure, Olivia & Kate has the right, at its own discretion, to suspend the execution of a consumer's order, or to dissolve the agreement without judicial intervention, such by communicating this in writing and without doing so. Olivia & Kate is obliged to pay any compensation, unless this would be unacceptable in the circumstances to the standards of reasonableness and fairness.
11.2 Force majeure means any shortcoming which can not be attributed to Olivia & Kate, because it is not due to her fault and is not for her account under the law, legal act or generally accepted in traffic.
Article 12. Copyright
12.1 All photos, texts, illustrations, and other works on our website are "works" in the sense of the Copyright Act and the additional copyrights belong to Olivia & Kate. Taking over these works is prohibited unless explicitly stated or agreed otherwise.
12.2 Any unlawful infringement of the copyright of Olivia & Kate will be prosecuted.
Article 13. Applicable law and competent court
13.1 All rights, obligations, offers, orders and agreements to which these conditions apply, as well as between Olivia & Kate and the consumer to which these conditions relate, are exclusively governed by Dutch law.
13.2 Any disputes between Olivia & Kate will in the first instance be settled by the competent court in Amsterdam, the Netherlands.
Article 14 - Right of withdrawal
When delivering products:
1: When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2: During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all 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.
3: If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or by another means of communication such as by e-mail. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
4: If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.
When providing services:
1: When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
2: In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.
Article 15 - Costs in case of withdrawal
1: If the consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return.
2: 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 back by the merchant or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer, unless the consumer explicitly gives permission for a different payment method.
3: In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
4: The consumer cannot be held liable for the value reduction of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.
Article 16 - Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. made by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has hidden the seal;
h. for hygienic products of which the consumer has broken the seal.
3: Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
c. concerning bets and lotteries.
Article 17 - Complaints procedure
1: The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2: Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
3: 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 reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
4: If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5: In case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is not reached by then, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree with this binding decision. There are costs associated with submitting a dispute to this disputes committee that 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).
6: A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
7: If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge, at his discretion.
Questions, complaints or comments
Should you have any questions and / or comments about these conditions after reading these conditions, please contact us in writing, by telephone or by e-mail.
Olivia & Kate
Jan van Krimpenweg 9
2031 CE Haarlem
All rights are reserved. Nothing from these terms and conditions may be reproduced, copied, stored and / or distributed without our written permission.
This page was last modified on May 21, 2021.