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General Terms and Conditions Pavo Couture B.V.

Table of contents:

Article 1 – Definitions

Article 2 – Identity of Pavo Couture B.V.

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the reflection period

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 – Obligations of Pavo Couture B.V. in case of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Fulfilment and additional guarantee

Article 13 – Delivery and implementation

Article 14 – Payment

Article 15 – Complaints procedure

Article 16 – Disputes

Article 17 – Sector guarantee

Articele 18 – Additional or different stipulations

Articele 19 – Amendment to the General Terms and Conditions of Home Shopping

Article 1 – Definitions

The following definitions are used in these conditions:

(1) Grace period: the period within which the consumer can make use of his right of withdrawal;
(2) Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
(3) Day: calendar day;
(4) Digital Content: data which is produced and supplied in digital form;
(5) Contract for an indefinite period of time: a contract that provides for the regular supply of goods, services and/or digital content for a specific period of time;
(6) Durable Data Carrier: any tool, such as e-mail, which enables the consumer or Pavo Couture B.V. to store information which is addressed to the consumer or Pavo Couture B.V. in a way which allows for future consultation or use during a period which is tailored to the purpose for which the information is intended and which enables the unaltered reproduction of the stored information;
(7) Right of withdrawal: the option for the consumer to withdraw from the Distance Contract within the cooling-off period;
(8) Model withdrawal form: the European model withdrawal form set out in Annex I to these Terms and Conditions. Annex I need not be provided if the Consumer does not have a right of withdrawal regarding his order;
(9) Distance contract: an agreement concluded between Pavo Couture B.V. and the consumer as part of an organised system for the distance selling of products, digital content and/or services, whereby, up to and including the moment at which the agreement is concluded, exclusive or joint use is made of one or more techniques for distance communication;
(10) Pavo Couture B.V.: Pavo Couture, Chamber of Commerce number 83393455
(11) Technology for distance communication: means which can be used for the conclusion of an agreement, without the consumer and the entrepreneur having to be together in the same room at the same time.

Article 2 – Pavo Couture B.V.

Prinseneiland 12B

1013LR Amsterdam

+ 31 (0) 634527606 (Whatsapp) (Monday – Friday, 10:00 – 17:00)

[email protected]

Dutch Chamber of Commerce number: 83393455

VAT number: NL002372585B97

Article 3 – Applicability

These general conditions apply to every offer made by Pavo Couture B.V. and to every agreement established between Pavo Couture B.V. and the consumer, including the Distance Contract.
The text of these general conditions can be viewed on the website of Pavo Couture B.V. and is thus available to the consumer prior to the conclusion of a Distance Contract. These general conditions can be downloaded free of charge and will be sent to the consumer on request. The general conditions can be easily saved by the Consumer on a durable data carrier.
In case in addition to these general conditions also specific product or service conditions apply, the consumer in case of conflicting conditions always rely on the applicable provision that is most favorable to him.

Article 4 – The offer

If an offer has a limited validity or is made under conditions, this will be explicitly mentioned in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If Pavo Couture B.V. uses images, these are a true representation of the products, services and/or digital content offered. Pavo Couture B.V. is not bound by obvious errors or mistakes in the offer.
Each offer contains such information that it is clear to the consumer which rights and obligations are attached to accepting the offer.

Article 5 – The agreement

The contract will be established, subject to the provisions of paragraph 4, at the time of the consumer accepting the offer and complying with the conditions set.
If the consumer has accepted the offer electronically, Pavo Couture B.V. shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Pavo Couture B.V., the consumer can dissolve the agreement.
If the agreement is realised electronically, Pavo Couture B.V. will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, Pavo Couture B.V. will take appropriate safety measures.
Pavo Couture B.V. can, within legal frameworks, inform the consumer of his payment obligations as well as of all those facts and factors which are important for a sound conclusion of the Distance Contract. If, on the basis of this investigation, Pavo Couture B.V. has sound reasons for not entering into the agreement, it is entitled to refuse an order or application or to attach special conditions to the performance.
At the latest at the time of delivery of the product, service or digital content, Pavo Couture B.V. will send the consumer the following information in writing or in such a way that the consumer can store it in an accessible manner on a long-term data carrier:
the visiting address of the Pavo Couture B.V. branch where the consumer can lodge complaints;
the conditions on which and the way in which the consumer may exercise the right of withdrawal or a clear notification concerning the exclusion of the right of withdrawal;
the information on guarantees and existing service after purchase;
the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
if the consumer has a right of withdrawal, the model form for withdrawal.
In case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

The consumer can terminate an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving reasons. Pavo Couture B.V. may ask the consumer about the reason for withdrawal, but cannot oblige the consumer to state his/her reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party appointed by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by the consumer, has received the last product. Pavo Couture B.V. may refuse an order for multiple products with a different delivery time;
if the delivery of a product consists of various shipments or parts: the day on which the consumer, or a third party appointed by him, has received the last shipment or the last part;
in case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Withdrawal must take place in writing by sending a message by e-mail or post. Sample withdrawal form:

To:

Pavo Couture B.V.

Prinseneiland 12B

1013LR Amsterdam

(or by e-mail: [email protected])

I/We* hereby give notice that I/We* withdraw from my/our* contract:

[The sale of the following products:

*

Ordered on [date of order for services or receipt for products].

Received on [date of order for services or receipt for products]

[Name of consumer(s)

[Address of consumer(s)

[Signature of consumer(s)] (only if this form is notified on paper)

 

Article 7 – Obligations of the consumer during the cooling-off period

During the reflection period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is liable for any decrease in value of the product resulting from a manner of handling the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for any reduction in value of the product if Pavo Couture B.V. has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he will notify Pavo Couture B.V. within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorised representative of) Pavo Couture B.V. This is not necessary if Pavo Couture B.V. has offered to collect the product itself. The consumer has in any case complied with the return period if he or she returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Pavo Couture B.V..
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product.
If the consumer makes use of his right of withdrawal, all additional contracts will be dissolved by operation of law.

Article 9 – Obligations of Pavo Couture B.V. in the event of withdrawal

If Pavo Couture B.V. facilitates the notification of withdrawal by the consumer electronically, it will send an acknowledgement of receipt of this notification without delay.
Pavo Couture B.V. will reimburse all payments of the consumer, including any delivery costs charged by Pavo Couture B.V. for the returned product, without delay but within 14 days following the day on which the consumer reports the withdrawal. Unless Pavo Couture B.V. offers to collect the product itself, it may wait with repayment (a) until it has received the product or (b) until the consumer proves that the product has been returned and must be received by Pavo Couture B.V., whichever is earlier.
Pavo Couture B.V. will use the same means of payment as the consumer used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Pavo Couture B.V. does not have to refund the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

Pavo Couture B.V. can exclude the following products from the right of withdrawal:

Products or services of which the price is subject to fluctuations on the financial market on which Pavo Couture B.V. has no influence and which may occur within the withdrawal period.
Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery.

Article 11 – The price

During the period of validity mentioned in the offer, the prices of the products and/or services on offer will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, Pavo Couture B.V. can offer products or services of which the prices are linked to fluctuations on the financial market and on which Pavo Couture B.V. has no influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
Price increases within 3 months after the realisation of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the contract was formed are only permitted if Pavo Couture B.V. has stipulated this and (a) they are the result of statutory regulations or provisions; or (b) the consumer is authorised to terminate the contract as of the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

 

Article 12 – Compliance with the agreement and additional guarantee

Pavo Couture B.V. guarantees that the products and/or services comply with the contract, with the specifications mentioned in the offer, with the reasonable requirements of reliability and/or serviceability and with the existing statutory provisions and/or government regulations on the date of the realisation of the contract.
An additional guarantee provided by Pavo Couture B.V., its supplier, manufacturer or importer will never restrict the statutory rights and claims which the consumer can enforce against Pavo Couture B.V. pursuant to the contract if Pavo Couture B.V. has failed to fulfil its part of the contract.
An additional guarantee is understood to mean any undertaking by Pavo Couture B.V., its supplier, importer or producer in which it grants certain rights or claims to the consumer which go beyond what is legally required in the case of failure to perform its part of the agreement.

Article 13 – Delivery and implementation

Pavo Couture B.V. will take the greatest possible care when receiving and implementing orders of products.
The place of delivery is the address which the consumer has made known to Pavo Couture B.V..
With due observance of what is stated in these general conditions, Pavo Couture B.V. will carry out accepted orders expeditiously but at least within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed of this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge.
After dissolution in accordance with the previous paragraph, Pavo Couture B.V. will refund the amount paid by the consumer as soon as possible.
The risk of damage and/or loss of products rests with Pavo Couture B.V. up to the moment of delivery to the consumer or a representative designated in advance and made known to Pavo Couture B.V., unless expressly agreed otherwise.

Article 14 – Payment

Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the contract. In case of an agreement for the provision of a service, this period shall start on the day after the consumer has received the confirmation of the agreement.
Klarna fees are non-refundable
When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) in question before the stipulated prepayment has been made.
The consumer is obliged to notify Pavo Couture B.V. immediately of any inaccuracies in payment details provided or stated.
If the consumer fails to meet his/her payment obligation(s) on time, the consumer shall, after being informed by Pavo Couture B.V. of the late payment and after Pavo Couture B.V. has given the consumer a period of 14 days to meet his/her payment obligations, owe statutory interest on the outstanding amount after the failure to pay within this 14-day period and Pavo Couture B.V. is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. Pavo Couture B.V. can deviate from the aforementioned amounts and percentages in favour of the consumer.

Article 15 – Complaints procedure

Complaints about the execution of the agreement must be submitted to Pavo Couture B.V. fully and clearly described within reasonable time after the consumer has established the defects.
Complaints must be sent by e-mail to [email protected] or by post to the office address of Pavo Couture B.V..
Complaints submitted to Pavo Couture B.V. shall be responded to within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, Pavo Couture B.V. will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
The consumer must give Pavo Couture B.V. at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises which is subject to the dispute resolution procedure.

Article 16 – Disputes

Dutch law applies exclusively to agreements between Pavo Couture B.V. and the consumer to which these general conditions relate.
Disputes between the consumer and Pavo Couture B.V. can be submitted to the competent court.

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