Xilou Terms and Conditions
Article 1 - Information about the company:
Xilou e-mail: email@example.com
Chamber of Commerce number: 75283514
VAT number: NL237122388B01
Article 2 -
Definitions In these conditions the following terms have the following meanings: Xilou: The company as described in Article 1;
Buyer: The natural person or legal entity who purchases products, digital content and / or services from Xilou on www.xilou.nl;
Consumer: The natural person who does not act for purposes related to his business activity, professional activity or commercial activity;
Products: Xilou's jewelry, accessories and future products and services; Agreement: the agreement whereby the buyer acquires products, digital content and / or services on the basis of a distance contract and Xilou supplies these products and / or services to the buyer;
Reflection period: The period within which the consumer can make use of his right of withdrawal;
Digital content: data that is produced and supplied in digital form;
Durable medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose. for which the information is intended and which allows unaltered reproduction of the stored information;
Right of withdrawal: the option that the consumer has to cancel the distance contract within the cooling-off period;
Distance agreement: The agreement between Xilou and the buyer with regard to the distance sale of products, digital content and / or services. The agreement is exclusively or partly established by means of one or more techniques for distance communication;
Technology for distance communication: A means by which the buyer and Xilou can conclude an agreement without having to be in the same room at the same time;
Model form for withdrawal: This model form can be downloaded from the website.
Article 3 - Applicability
- These general terms and conditions apply to every offer from Xilou.
- These general conditions apply to any distance contract that has been concluded between Xilou and the consumer.
- Before the distance contract is concluded, these general terms and conditions are made available to the consumer electronically. This is done in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
- By placing an order (concluding the distance contract), the buyer explicitly agrees to these general terms and conditions.
Article 4 -
- The offer If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer
Artikel 5 – De overeenkomst
De overeenkomst komt tot stand op het moment van aanvaarding door de consument van het aanbod en het voldoen aan de daarbij gestelde voorwaarden. Dit onder voorbehoud van het bepaalde in lid 4.
Indien de consument het aanbod langs elektronische weg heeft aanvaard, bevestigt Xilou onverwijld langs elektronische weg de ontvangst van de aanvaarding van het aanbod. Zolang de ontvangst van deze aanvaarding niet door Xilou is bevestigd, kan de consument de overeenkomst ontbinden.
Indien de overeenkomst elektronisch tot stand komt, treft Xilou passende technische en organisatorische maatregelen ter beveiliging van de elektronische overdracht van data en zorgt hij voor een veilige webomgeving. Indien de consument elektronisch kan betalen, zal Xilou daartoe passende veiligheidsmaatregelen in acht nemen.
Xilou kan zich binnen wettelijke kaders – op de hoogte stellen of de consument aan zijn betalingsverplichtingen kan voldoen, alsmede van al die feiten en factoren die van belang zijn voor een verantwoord aangaan van de overeenkomst op afstand. Indien Xilou op grond van dit onderzoek goede gronden heeft om de overeenkomst niet aan te gaan, is zij gerechtigd gemotiveerd een bestelling of aanvraag te weigeren of aan de uitvoering bijzondere voorwaarden te verbinden.
Xilou zal uiterlijk bij levering van het product, de dienst of digitale inhoud aan de consument de volgende informatie, schriftelijk of op zodanige wijze dat deze door de consument op een toegankelijke manier kan worden opgeslagen op een duurzame gegevensdrager, meesturen:
- het bezoekadres van de vestiging van de ondernemer waar de consument met klachten terecht kan;
- de voorwaarden waaronder en de wijze waarop de consument van het herroepingsrecht gebruik kan maken, dan wel een duidelijke melding inzake het uitgesloten zijn van het herroepingsrecht;
- de informatie over garanties en bestaande service na aankoop;
- de prijs met inbegrip van alle belastingen van het product, dienst of digitale inhoud; voor zover van toepassing de kosten van aflevering; en de wijze van betaling, aflevering of uitvoering van de overeenkomst op afstand;
- de vereisten voor opzegging van de overeenkomst indien de overeenkomst een duur heeft van meer dan één jaar of van onbepaalde duur is;
- indien de consument een herroepingsrecht heeft, een modelformulier voor herroeping.
Article 5 - The agreement
- The agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions. This subject to the provisions of paragraph 4.
- If the consumer has accepted the offer electronically, Xilou will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Xilou, the consumer can dissolve the agreement. If the agreement is concluded electronically, Xilou will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment.
- If the consumer can pay electronically, Xilou will observe appropriate security measures. Within legal frameworks, Xilou can - inform itself whether the consumer can fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation,
- Xilou has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution. At the latest upon delivery of the product, service or digital content to the consumer,
- Xilou will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing service after purchase;
the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
- if the consumer has a right of withdrawal, a model form for withdrawal.
Article 6 - Right of withdrawal
Earrings are not subject to the right of withdrawal due to hygiene.
- The consumer can dissolve an agreement regarding the purchase of a product without giving reasons during a reflection period of 14 days. Xilou may ask the consumer for the reason for the withdrawal, but not oblige him to state his reason (s).
- The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Xilou may, provided that it has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
in the case of agreements 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.
For services and digital content that is not supplied on a tangible medium:
- The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium within 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
- The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the reflection period
- During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation 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 store.
- The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer wishes to make use of the right of withdrawal, he will report this to Xilou within the reflection period. This can be done by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product.
- The consumer will in any case have complied with the return period if he returns the product before the reflection period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Xilou.
- The risk and the 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.
- The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if: prior to delivery,
- he has not expressly agreed to commence compliance with the agreement before the end of the reflection period;
- he has not acknowledged that he loses his right of withdrawal when giving his consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Obligations of Xilou in case of withdrawal
- If Xilou makes the notification of withdrawal by the consumer electronically possible, it will send a confirmation of receipt after receipt of this notification.
- Xilou reimburses the payments made by the consumer with regard to the products to which the withdrawal relates. This does not include any shipping costs.
- Xilou will refund the amount within 10 working days after the returned product / products has been received by Xilou. Xilou uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
Article 10 - Exclusion of right of withdrawal
- Xilou can exclude the following products and services from the right of withdrawal:
- Products or services whose price is dependent on fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period
- For health protection and hygiene, earrings do not fall under the right of withdrawal
Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, successful bidder is obliged to purchase the products, digital content and / or services;
- Service contracts, after full performance of the service, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
- Service agreements for the provision of accommodation, if a specific date or period of execution is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering;
- Agreements with regard to leisure activities, if a specific date or period of execution is provided for in the agreement;
- Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life; Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- Products that are irrevocably mixed with other products after delivery due to their nature;
- The delivery of digital content other than on a tangible medium, but only if:
- the performance has begun with the express prior consent of the consumer;
- and the consumer has declared that he will lose his right of withdrawal by doing so.
- Customized products and personalized / engraved products are excluded from the right of withdrawal. Note: If only the jewelry box has a personal text, then the product may simply be returned.
Artikel 12 – Nakoming overeenkomst en extra garantie
Xilou staat er voor in dat de producten en/of diensten voldoen aan de overeenkomst, de in het aanbod vermelde specificaties, aan de redelijke eisen van deugdelijkheid en/of bruikbaarheid en de op de datum van de totstandkoming van de overeenkomst bestaande wettelijke bepalingen en/of overheidsvoorschriften. Alleen indien overeengekomen staat Xilou ervoor in dat het product geschikt is voor ander dan normaal gebruik.
Een door Xilou, diens toeleverancier, fabrikant of importeur verstrekte extra garantie beperkt nimmer de wettelijke rechten en vorderingen die de consument op grond van de overeenkomst tegenover de ondernemer kan doen gelden indien Xilou is tekortgeschoten in de nakoming van zijn deel van de overeenkomst.
Onder extra garantie wordt verstaan iedere verbintenis van Xilou, diens toeleverancier, importeur of producent waarin deze aan de consument bepaalde rechten of vorderingen toekent die verder gaan dan waartoe deze wettelijk verplicht is in geval hij is tekortgeschoten in de nakoming van zijn deel van de overeenkomst.
Article 11 - The price
- During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, Xilou can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions;
- or the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT. Any discount codes from Xilou can only be redeemed at www.xilou.nl.
- Discount codes are not valid on discounted products and / or in combination with other promotions. Discount codes are not valid retroactively.
Article 12 - Fulfillment of the agreement and extra guarantee
- Xilou guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
- Only if agreed does Xilou guarantee that the product is suitable for other than normal use. An extra guarantee provided by Xilou, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if Xilou has failed to fulfill its part of the agreement.
- An additional guarantee is understood to mean any obligation on the part of Xilou, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.
Article 13 - Delivery and implementation
- Xilou will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer makes known to Xilou.
- With due observance of what is stated in article 4 of these general terms and conditions, Xilou will execute accepted orders with due speed, but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, Xilou will immediately refund the amount paid by the consumer.
- The risk of damage to products rests with Xilou until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless explicitly agreed otherwise.
- Loss of the product until the moment of delivery rests with Xilou, provided that it has been chosen to send the package with a track and trace. The free shipping method is not covered.
Article 14 - Payment
Unless otherwise stipulated in the agreement 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 agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights whatsoever regarding the execution of the order or service (s) concerned before the stipulated advance payment has been made.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 15 - Complaints procedure
- If the consumer has a complaint, question or comment, the consumer can contact Xilou customer service, as stated in article 1 of these general terms and conditions.
- If the consumer has a complaint, Xilou will contact the consumer within 14 working days after receipt of the complaint.
Article 16 - Disputes Only Dutch law applies
- to agreements between Xilou and the consumer to which these general terms and conditions apply.
- Disputes between the parties arising from or otherwise related to agreements or these general terms and conditions will be resolved in consultation as much as possible. Any dispute that is not resolved by the parties will be submitted to the competent court in Leiden, unless Xilou decides to take legal action against the consumer before the competent court in another state or place of business.