General Terms and Conditions Fabienne Chapot
Table of contents:
Article 1 - Definitions
Article 2 - Fabienne Chapot’s identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - Orders
Article 6 - The Contract
Article 7 - Right of Withdrawal
Article 8 - Prices, payments and shipping costs
Article 9 - Delivery and risk
Article 10 - Complaints
Article 11 - Retention of title
Article 12 - Intellectual Property Rights
Article 13 - Miscellaneous provisions
Article 14 - Applicable law and competent court
Annex I - Model Withdrawal Form
Article 1 Definitions
1.1 In these General Terms and Conditions, the terms listed below have the following meaning:
General Terms and Conditions: these general terms and conditions of sale and delivery of Fabienne Chapot;
Cooling-Off Period: the period of fourteen calendar days from receipt of the Product(s) by the Consumer, within which the Consumer may exercise the Right of Withdrawal;
Consumer: a natural person, not acting in a professional or commercial capacity, who enters into an Contract with Fabienne Chapot;
Day: a calendar day;
Fabienne Chapot: Fabienne Chapot B.V., a private limited liability company, having its registered office in Amsterdam and maintaining a place of business at Herengracht 479, (1017 BS) Amsterdam, registered in the Trade Register of the Chamber of Commerce under number 34357026, also trading under the Fabienne Chapot trade name and brand, under which the Products are offered to the Consumer by distance selling via the Website, and whose identity is set out in Article 2 of these General Terms and Conditions;
Right of Withdrawal: the possibility for the Consumer to withdraw from the Distance Contract within the Cooling-Off Period;
Model Withdrawal Form: the European Model Withdrawal Form included in Annex I to these General Terms and Conditions. Annex I need not be provided if the Consumer does not have a Right of Withdrawal regarding his or her order; and
Distance Contract: a contract that is entered into between Fabienne Chapot and the Consumer as part of an organised system for the distance selling of products, whereby exclusive or joint use is made of one or more techniques for distance communication until the contract is entered into.
Article 2 Fabienne Chapot’s identity
2.1 Fab B.V: a private limited liability company, also trading as Fabienne Chapot, having its registered office and maintaining a place of business in Amsterdam, the Netherlands, being the user of these General Terms and Conditions
Registered office: Amsterdam;
Address: Herengracht 479, 1017 BS, Amsterdam, The Netherlands;
Telephone number: +31 (0)20 245 7429 bereikbaar op werkdagen van 09.00 – 17.30 uur
Legal representative: Fabienne Chapot
E-mailaddress: info@fabiennechapot.com
Chamber of Commerce number: 34357026
VAT number: NL821208317B01.
Article 3 Applicability
3.1 These General Terms and Conditions apply to every offer made by Fabienne Chapot, to every order placed by the Consumer and to every Distance Contract entered into between Fabienne Chapot and the Consumer.
3.2 A copy of these General Terms and Conditions is made available to the Consumer before the Distance Contract is entered into.
3.3 If the Contract is entered into by electronic means, a copy of these General Terms and Conditions is made available to the Consumer in electronic form in such a manner that the Consumer can easily store it on a durable data carrier. If that is not reasonably possible, it is stated before the Contract is entered into where the General Terms and Conditions can be inspected in electronic form and that, at the Consumer's request, a copy will be sent to him or her in electronic form or in another manner free of charge.
3.4 The Consumer must accept these General Terms and Conditions before the Contract is entered into, failing which no Contract is entered into. Placing an order via the Webshop and checking the text I have read & agree to the terms and conditions and privacy policy constitutes acceptance of these General Terms and Conditions.
Article 4 The offer
4.1 All offers made by Fabienne Chapot are subject to contract, unless expressly stated otherwise, and may be revoked by Fabienne Chapot. Fabienne Chapot expressly reserves the right to change the prices if a change in the VAT rate is reason to do so. If an offer changes after the Contract has been entered into, the Consumer may dissolve (ontbinden) the Contract and cancel the order within a period of ten calendar days after notification of the change to the offer given by Fabienne Chapot.
4.2 Offers do not automatically apply to repeat orders and Fabienne Chapot reserves the right to change the prices of its offers.
4.3 All offers are valid while stocks last or during the term stated on the Website. If the term of an offer is exceeded, the offer expires by operation of law and the Consumer can no longer make use of the offer.
4.4 The offer sets out a complete and accurate description of the Products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Consumer. If Fabienne Chapot uses images, they are a true representation of the Products offered. However, Fabienne Chapot cannot warrant that the colours displayed on the Website correspond exactly to the actual colours of the Products. An obvious mistake or obvious error in the offer is not binding on Fabienne Chapot.
4.5 If an offer applies for limited period or is subject to conditions, that is expressly stated in the offer.
Article 5 Orders
5.1 The Consumer may place an order in the manners described on the Website.
5.2 Fabienne Chapot may refuse an order or attach special conditions to the Contract if it has valid reasons to do so. In that case the Contract is dissolved (ontbonden) or amended, respectively. If the Consumer does not agree to the amendment of the Contract, he or she may dissolve (ontbinden) the Contract and cancel the order within ten calendar days after notification from Fabienne Chapot of the amendment of the offer.
5.3 If Fabienne Chapot does not accept an order or if Fabienne Chapot wishes to attach special conditions to the Contract, Fabienne Chapot notifies the Consumer accordingly within seven days after receiving the order.
5.4 Fabienne Chapot in any event does not accept orders if it cannot verify the Consumer’s home address.
Article 6 The Contract
6.1 Subject to the provisions of Article 6.5 and Article 5, the Contract is entered into the moment the Consumer accepts the offer and the conditions stipulated in the offer are met.
6.2 Before the Consumer is given the opportunity to pay for the Products, he or she is shown an overview of the Products selected by him or her.
6.3 If the Consumer has accepted the offer by electronic means, Fabienne Chapot immediately acknowledges receipt by electronic means of the acceptance of the offer. The Consumer may dissolve (ontbinden) the Contract until Fabienne Chapot acknowledges receipt of that acceptance.
6.4 If the Contract is entered into by electronic means, Fabienne Chapot takes appropriate technical and organisational measures to secure the electronic transfer of data and arranges for a secure web environment. If the Consumer has the option of paying electronically, Fabienne Chapot takes appropriate safety measures.
6.5 Within the legal framework, Fabienne Chapot may verify the Consumer’s ability to perform his or her payment obligations, as well as all facts and factors that are relevant in entering into the Distance Contract in a responsible manner. If, on the basis of this investigation, Fabienne Chapot has good reason not to enter into the Contract, it may refuse an order or application, or attach special conditions to its performance.
Article 7 Right of Withdrawal
7.1 The Consumer may dissolve (ontbinden) the Contract without stating any reasons within a period of fourteen (14) calendar days from the day of receipt of the Product or the last Product of all the Products if several Products have been ordered in the same order.
7.2 The Right of Withdrawal expressly does not apply to the following Products:
- Products produced in accordance with the Consumer's specifications;
- sealed Products that cannot be returned due to health protection or hygiene reasons, including but not limited to swimwear and lingerie, and whose seal has been broken after delivery.
7.3 The Consumer must handle the Product(s) and packaging with due care during the Cooling-Off Period. The Consumer may unpack or use the Product(s) only in so far as necessary to assess whether he or she wishes to keep the Product(s). The basic principle here is that the Consumer may handle and inspect the Product(s) only as he or she would be allowed to do in a shop. The Consumer is liable only for any loss of value of the Product(s) that results from a manner of handling the Product(s) that goes beyond what is permissible.
7.4 If the Consumer wishes to exercise the Right of Withdrawal, he or she must state his or her name, the name of the Product, the number of Products, the order number and his or her invocation of the Right of Withdrawal by means of the Model Withdrawal Form attached to these General Terms and Conditions, or in another unambiguous manner, for example by e-mail. Fabienne Chapot will send acknowledgement of receipt of the notice of return to the Consumer as soon as possible.
7.5 The Consumer must return the Product(s) to Fabienne Chapot as soon as possible, but no later than 14 days after the day following the notice referred to in Article 7.3. The Consumer has in any event fulfilled this obligation if the Product(s) is/are returned to Fabienne Chapot within this 14-day period. If the Consumer exercises his or her Right of Withdrawal, he or she must return the Product(s) to Fabienne Chapot’ address together with all the accessories delivered and in their original condition and packaging. The Consumer bears the risk and the burden of proof of the timely and correct exercise of the Right of Withdrawal.
7.6 The costs of returning the Product(s) are payable by the Consumer.
7.7 The Products returned must be in the condition corresponding to normal use for the purpose of fitting as is customary in a shop, and must bear the original labels and tags. If a Product has deteriorated in quality or if the original labels and tags have been removed, Fabienne Chapot reserves the right to charge or not to refund the purchase price of the Product.
7.8 Within fourteen (14) calendar days after the Consumer notifies Fabienne Chapot of the return of the Products, Fabienne Chapot will refund the purchase price and any shipping costs charged, provided that the Product in question is undamaged and has not been worn, washed, used or altered, and has its original packaging and labels. Fabienne Chapot will not refund the purchase price until it has received the Products or until the Consumer proves that he or she has returned them.
7.9 If the Consumer has opted for a more expensive method of delivery than standard delivery, Fabienne Chapot is not required to refund the additional costs of the more expensive delivery method. Fabienne Chapot uses the same payment method for refunds as that used by the Consumer.
Article 8 Prices, payments and shipping costs
8.1 The prices stated on the Website are in euros, inclusive of VAT and exclusive of shipping costs, unless otherwise stated or agreed on in writing.
8.2 The prices of the products and services offered will not be increased during the validity period stated in the offer, except for price changes due to changes in VAT rates. The Consumer will be notified separately, before the time of ordering, of any contribution to the shipping costs. That contribution may depend on the size of the order, the place of delivery and the shipping method chosen.
8.3 After placing an order, the Consumer immediately receives a confirmation by e-mail, as well as a separate email stating the total costs, including the shipping costs.
8.4 The Consumer may pay for the ordered Products using IDEAL, a credit card, a gift card or an after-pay option (such as PayPal or Klarna).
8.5 When payment is made by credit card, Fabienne Chapot reserves the right to check whether the credit card is valid, whether the available spending capacity suffices to debit the purchase amount, and whether the Consumer’s address details are correct. Fabienne Chapot reserves the right to refuse a credit card purchase.
8.6 The Consumer must immediately notify Fabienne Chapot of any inaccuracies in the payment data provided or stated.
8.7 In case of a (partial) return and payment method "Giftcard" the refund will be made through a voucher to the valuation of the Giftcard. The other costs will be refunded through the payment system.
If the Consumer fails to meet any payment obligation in a timely manner, after Fabienne Chapot has notified him or her of the late payment and given him or her a period of 14 days to meet that payment obligation, Fabienne Chapot may charge the statutory interest on the outstanding amount as well as the extrajudicial collection costs incurred by Fabienne Chapot. These collection costs amount to a maximum of 15% of outstanding amounts up to €2,500, 10% of the next €2,500 and 5% of the next €5,000, subject to a minimum of €40. Fabienne Chapot may derogate from these amounts and percentages in favour of the Consumer.
Article 9 Delivery and risk
9.1 Fabienne Chapot takes the greatest care when accepting orders and shipping the Products ordered.
9.2 Fabienne Chapot ships orders accepted and paid for as quickly as possible in the order of receipt.
9.3 The order is delivered at the address stated by the Consumer. If the Consumer is not at home at the time of delivery, Fabienne Chapot may deliver the Products to the Consumer's neighbours.
9.4 Fabienne Chapot endeavours to fill accepted orders as soon as possible, but no later than thirty calendar days after acceptance of the order, unless a different delivery period is agreed.
9.5 If the delivery is delayed, or if an order accepted and paid for cannot be delivered or can be delivered only in part, the Consumer is informed accordingly no later than thirty calendar days after he or she placed the order. In that case, the Consumer may dissolve (ontbinden) the Contract free of charge. In the event of dissolution, Fabienne Chapot refunds the amount received as soon as possible, but no later than two weeks after the written dissolution. The Consumer must take delivery of the Products purchased the moment they are made available to the Consumer by Fabienne Chapot.
9.6 Fabienne Chapot bears the risk of damage to or loss of the Products until the moment of delivery to the Consumer at the address stated, unless expressly agreed otherwise.
9.7 The Consumer must take delivery of the Products at the agreed location(s) the moment they are delivered there by or on behalf of Fabienne Chapot, or the moment they are made available to him or her in accordance with the Contract. If the Consumer fails to do so, the resulting costs, including the shipping costs, are payable by the Consumer.
9.8 If Consumer refuses or fails to provide information or instructions that are necessary for delivery, the Products destined for delivery will be stored at the Customer’s expense and risk.
9.9 If the Consumer states an incorrect address for delivery, Fabienne Chapot may charge any additional shipping costs to the Consumer.
9.10 Late delivery does not entitle the Consumer to any damages or give him or her the right to dissolve (ontbinden) the Contract or not to perform any obligation that may arise for the Consumer from the Contract or from any related Contract, subject to the provisions of Article 9.5.
9.11 Fabienne Chapot endeavours to keep the Website as up to date as possible. If a Product is no longer available, Fabienne Chapot contacts the Consumer within 30 days after he or she placed the order.
Article 10 Complaints
10.1 Fabienne Chapot has a complaints procedure in place, as recorded in Article 10 of these General Terms and Conditions. Fabienne Chapot handles complaints from the Consumer in accordance with this complaints procedure.
10.2 Complaints submitted to Fabienne Chapot are answered within 14 days after the date of receipt. If a complaint requires a foreseeably longer processing time, Fabienne Chapot responds within that 14-day period by acknowledging receipt and giving an indication as to when the Consumer may expect a more detailed reply.
10.3 The Consumer must give Fabienne Chapot at least four weeks’ time in which to resolve the complaint in consultation.
10.4 Fabienne Chapot must deliver Products that comply with the Contract.
10.5 If the Product does not comply with the Contract, the Consumer must notify Fabienne Chapot accordingly as soon as possible and in any event within two months after delivery of the Product or after that could reasonably have been established, in writing, stating the reasons, at the info@fabiennechapot.com e-mail address.
10.6 Minor differences in quality, colour, dimension, weight, finish, design, etc. that are considered permissible or technically unavoidable in the sector do not constitute a ground for complaint.
10.7 If it is demonstrated that the Products are not in compliance with the Contract, the Consumer may at his or her option either have the Products in question repaired by Fabienne Chapot on their return or have them replaced by new Products, unless that is impossible or cannot be required of Fabienne Chapot. In that case Fabienne Chapot refunds the invoice value of the Products to the Consumer, after return of the Products already received.
Article 11 Retention of title
11.1 Fabienne Chapot remains the full owner of the Product(s) delivered until the moment the purchase price has been paid in full by the Consumer.
Article 12 Intellectual Property Rights
12.1 The Intellectual Property Rights in the Products and Services and their design, together with the texts, images, design, data files, photos and other (stationary or moving) visual material, formats, software, brands, domain names and other materials resulting from the Website or the Products and Services are vested in Fabienne Chapot.
12.2 The Consumer may not publish or reproduce all or part of the Website in any manner. The Consumer may not make any changes to the Products delivered unless the nature of the Product delivered dictates otherwise or unless otherwise agreed in writing. The Consumer may create a hyperlink to the Website only if that is done for purely informational purposes for Consumers. Creating a hyperlink for any other purpose, such as a commercial purpose, is strictly prohibited.
Article 13 Miscellaneous provisions
13.1 Deviations from these General Terms and Conditions must be agreed on in writing between Fabienne Chapot and the Consumer. No rights can be based on such deviations regarding future legal relationships and Contracts. Fabienne Chapot’ records serve as evidence of the inquires made and orders placed by the Consumer, except for evidence to the contrary. The Consumer acknowledges that electronic communication may serve as evidence.
13.2 Fabienne Chapot may transfer the rights and obligations under the Contract with the Consumer to a third party by merely notifying the Consumer. In that case the Consumer may dissolve (ontbinden) the Contract free of charge.
13.3 If any provision of these General Terms and Conditions or of any other Contract with Fabienne Chapot conflicts with any applicable statutory regulation, the provision in question ceases to be valid and is replaced by a new, valid provision to be determined by Fabienne Chapot.
Article 14 Applicable law and competent court
14.1 These General Terms and Conditions and any Contracts/disputes arising from them are governed exclusively by Dutch law.
14.2 All disputes relating to a Contract or the performance of a Contract between the Consumer and Fabienne Chapot that cannot be solved in consultation between the parties will be submitted to the competent court in the jurisdiction in which the Consumer resides.
Annex I: Model Withdrawal Form
Model Withdrawal Form
(complete and return this form only if you wish to dissolve (ontbinden) the contract)
To: [Fabienne Chapot’s name]
[Fabienne Chapot’s geographical address]
[Fabienne Chapot’s e-mail address or electronic address]
I/We* hereby give notice that I/We* dissolve my/our* contract of sale regarding the following products: [identification of products]*
ordered on*/received on* [date of receipt of products].
Consumer’s/Consumers’ name(s)
Consumer’s/Consumers’ address(es)
[Consumer’s/Consumers’ signature(s))] (only if this form is submitted on paper)
* Delete or complete as appropriate