Terms and Conditions
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 a 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-mail address: 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 without obligation.
4.2 Obvious errors or mistakes in the offer are not binding on Fabienne Chapot.
4.3 The offer contains a complete and accurate description of the offered Products and, where applicable, the delivery method and delivery charges. The description is sufficiently detailed to allow the Consumer to assess the offer properly. If Fabienne Chapot uses images, these are a true representation of the offered Products. However, Fabienne Chapot cannot guarantee that the colours displayed exactly match the actual colours of the Products.
Article 5 Orders
5.1 Fabienne Chapot only processes orders for delivery to addresses in the countries listed on the Website.
5.2 By placing an order via the Website, the Consumer warrants that he or she is at least 18 years old.
Article 6 The Contract
6.1 The Contract is entered into, subject to the provisions of paragraph 4, when the Consumer accepts the offer and meets the conditions attached to the offer.
6.2 Fabienne Chapot confirms receipt of the Consumer’s acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Fabienne Chapot, the Consumer may dissolve the Contract.
Article 7 Right of Withdrawal
7.1 The Consumer may dissolve a Distance Contract regarding the purchase of a Product without giving reasons within the Cooling-Off Period.
7.2 The Cooling-Off Period referred to in paragraph 1 commences on the Day the Consumer or a third party designated by the Consumer receives the Product.
Article 8 Prices, payments and shipping costs
8.1 The prices of the Products listed on the Website include VAT.
8.2 Shipping costs are stated on the Website.
Article 9 Delivery and risk
9.1 Fabienne Chapot takes the greatest possible care when receiving and implementing orders.
9.2 The place of delivery is the address provided by the Consumer to Fabienne Chapot.
Article 10 Complaints
10.1 Complaints about the implementation of the Contract must be submitted to Fabienne Chapot promptly, fully and clearly described, after the Consumer has discovered the defects.
Article 11 Retention of title
11.1 The ownership of delivered Products will not pass to the Consumer until the Consumer has paid all amounts due to Fabienne Chapot.
Article 12 Intellectual Property Rights
12.1 All intellectual property rights to the Products and their descriptions remain with Fabienne Chapot.
Article 13 Miscellaneous provisions
13.1 Fabienne Chapot may transfer rights and obligations under the Contract to third parties.
Article 14 Applicable law and competent court
14.1 These General Terms and Conditions and the Contracts are governed 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