1.1 These general terms and conditions apply to all products of Pavo Couture.
1.2 Identity of the company
E-mail address: Info@pavocouture.nl
CoC number: 67471625
VAT identification number: NL226345579B01
1.3 By placing an order, you indicate that you agree with the terms of delivery and payment. Pavo Couture reserves the right to change its delivery and/or payment terms after the expiry of the term.
1.4 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties shall not be recognised by Pavo Couture.
1.5 Pavo Couture guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place as long as the items are in stock.
2.2 Under the rules of the Distance Selling Act, Pavo Couture shall execute orders at least within 30 days.
If this is not possible (because the ordered item is out of stock or no longer available), there is a delay for other reasons or an order cannot be carried out or can only be carried out in part, the Consumer shall be notified within 1 month of placing the order and shall in that case have the right to cancel the order without cost and without notice of default.
2.3 The place of delivery is deemed to be the address that the consumer made known to the company when placing the order.
2.4 All periods mentioned on the website are indicative. Therefore, no rights can be derived from the terms mentioned.
3.1 Prices will not be increased within the term of the offer, unless statutory measures make this necessary or the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros and include 21% VAT.
4. Viewing period / right of withdrawal
4.1 In case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 14 days without giving any reason. This period starts at the moment that the ordered goods have been delivered. If the customer has not returned the delivered items to Pavo Couture after this period has expired, the purchase is a fact. The customer is obliged to notify Pavo Couture of this in writing within the period of 14 days after delivery before proceeding to return the goods. The customer must prove that the delivered goods have been returned on time, for example by means of a proof of postal delivery. The goods must be returned in their original packaging (including accessories and associated documentation) and in a new condition. If the items have been used, encumbered or damaged in any way at the customer’s premises, the right to dissolve the agreement within the meaning of this paragraph shall lapse. With due observance of the provisions of the previous sentence, Pavo Couture shall ensure that, within 14 working days of proper receipt of the return shipment, the full purchase price, including the calculated shipping costs, is refunded to the customer. The return of the delivered goods shall be entirely at the customer’s expense and risk.
4.3 The right of withdrawal does not apply to:- Services whose performance, with the consent of the Consumer, has started before the period of seven working days. – Goods or services the price of which is subject to fluctuations in the financial market, over which the supplier has no control. – Goods that have been manufactured according to the consumer’s specifications, for example custom-made goods, or that have a clearly personal character. – For goods or services that by their nature cannot be returned, for example for reasons of hygiene or that can quickly deteriorate or become obsolete. – Audio and video recordings and computer software of which the consumer has broken the seal.
4.4 If the consumer makes use of his right of withdrawal, the costs of returning the goods will always be borne by the consumer.
5. Data management
5.2 Pavo Couture respects the privacy of the users of the website and ensures the confidential treatment of your personal information.
5.3 Pavo Couture uses in some cases a mailing list. Each mailing contains instructions to remove yourself from this list.
6.1 Pavo Couture guarantees that the products it delivers meet the requirements of usability, reliability and longevity as these are reasonably intended by the parties to the purchase agreement, and thus guarantees the manufacturer’s warranty of the product delivered to you.
6.2 The warranty period of Pavo Couture corresponds to the manufacturer’s warranty period. However, Pavo Couture is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The Customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, then the customer (before proceeding to return it to Pavo Couture) must immediately report these defects in writing to Pavo Couture. Any defects or goods delivered incorrectly must and may be reported to Pavo Couture in writing no later than 7 days after delivery. The goods must be returned in their original packaging (including accessories and accompanying documentation) and in a new condition. If the goods are put into use after having been found to be defective, damaged after having been found to be defective, encumbered and/or resold after having been found to be defective, this right to complain and to return the goods shall cease to apply in full.
6.4 If complaints by the customer are found to be valid by Pavo Couture, Pavo Couture shall, at its discretion, either replace the delivered items free of charge or make a written arrangement with the customer regarding compensation, on the understanding that Pavo Couture’s liability and therefore the amount of compensation shall always be limited to a maximum of the invoice amount of the items in question, or (at Pavo Couture’s discretion, up to the maximum amount covered by Pavo Couture’s liability insurance in the case concerned. Any liability on the part of Pavo Couture for any other form of damage shall be excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to loss of profit.
6.5 Pavo Coutures shall not be liable for damage caused by intent or equivalent conscious recklessness on the part of non-managerial staff.
6.6 This guarantee does not apply if: B) the customer has itself repaired and/or processed the delivered goods or has had them repaired and/or modified by third parties. C) the delivered items have been exposed to abnormal conditions or have otherwise been handled carelessly or have been handled in violation of Pavo Couture’s instructions and/or instructions for use on the packaging; D) the defect is wholly or partly the result of regulations which the government has or will set with regard to the nature or quality of the materials used.
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 If the buyer accepts an offer without obligation, Pavo Couture reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal promises shall only bind Pavo Couture after they have been expressly confirmed in writing.
7.4 Offers made by Pavo Couture shall not automatically also apply to repeat orders.
7.5 Pavo Couture cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error in writing.
7.6 Additions, amendments and/or further agreements shall only be effective if agreed in writing.
8.1 An agreement betweenPavo Couture and a customer shall be concluded after an order assignment has been assessed for feasibility by Pavo Couture.
8.2 Pavo Couture reserves the right, without giving reasons, not to accept orders or assignments or only to accept them under the condition that they are sent C.O.D. or after prepayment.8.3 Pavo Couture is entitled to carry out an inspection in the event of an order in which payment is made afterwards or a Credit Card is chosen. On the basis of this check, Pavo Couture may offer an alternative method of payment or cancel the order. For larger amounts, Pavo Couture may make it a condition that the order is sent cash on delivery. In this case, Pavo Couture will pay the cash on delivery costs.
8.4 Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days of delivery of the goods.
9. Images and specifications
9.1 All images; photographs, drawings, etc.; including data concerning weights, dimensions, colours, images of labels, etc. on Pavo Couture’s website are approximate only, are indicative and may not give rise to compensation or dissolution of the agreement.
10. Force majeure
10.1 Pavo Couture shall not be liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure shall be understood to mean any external cause, as well as any circumstance, which should not reasonably be at its risk. Delays or non-performance on the part of our suppliers, Internet malfunctions, electricity malfunctions, e-mail traffic malfunctions and malfunctions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of Pavo Couture’s suppliers and/or manufacturers, as well as on the part of auxiliaries, sickness of personnel, defects in the means of assistance or transport, expressly count as force majeure.
10.3 In the event of force majeure, Pavo Couture reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that performance remains possible. Under no circumstances shall Pavo Couture be obliged to pay any fine or compensation.
10.4 If, when force majeure occurs, Pavo Couture has already partially fulfilled its obligations, or can only partially fulfil its obligations, it shall be entitled to invoice the part already delivered or the part that can be delivered separately and the customer shall be obliged to pay this invoice as if it were a separate contract. This does not apply, however, if the already delivered or deliverable part has no independent value.
11.1 Pavo Couture shall not be liable for damage caused to vehicles or other objects caused by improper use of the products. Read the instructions on the packaging before use and/or consult our website.
12. Reservation of title
12.1 Ownership of all items sold and delivered by Pavo Couture to the customer shall remain with Pavo Couture as long as the customer has not paid Pavo Couture’s claims under the agreement or previous or subsequent similar agreements, as long as the customer has not yet paid the work performed or to be performed under these or similar agreements and as long as the customer has not yet paid Pavo Couture’s claims on account of a failure to comply with such obligations, including claims relating to fines, interest and costs, all as referred to in Article 3:92 of the Civil Code.
12.2 The items delivered by Pavo Couture which fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The Customer is not entitled to pledge or encumber in any other way the goods falling under the retention of title.
12.4 The customer hereby unconditionally and irrevocably authorizes Pavo Couture or a third party to be appointed by Pavo Couture, in all cases in which Pavo Couture wishes to exercise its property rights, to enter all those places where its property shall then be located and to take those items with it.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the customer shall be obliged to inform Pavo Couture of this as soon as may reasonably be expected.
12.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the insurance policy available for inspection by Pavo Couture at its first request.
13. Applicable law/competent court
13.1 All agreements are governed by Dutch law.
13.2 Disputes arising from an agreement between Pavo Couture and the buyer, which cannot be resolved by mutual agreement, shall be submitted to the competent court in the district of Overijssel, unless Pavo Couture prefers to submit the difference to the competent court in the buyer’s place of residence, with the exception of those disputes which fall within the competence of the subdistrict court.