Algemene voorwaarden

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the Entrepreneur

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Agreement

Article 6 - Right of Withdrawal

Article 7 - Costs in Case of Withdrawal

Article 8 - Exclusion of the Right of Withdrawal

Article 9 - The Price

Article 10 - Conformity and Warranty

Article 11 - Delivery and Execution

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Article 13 - Payment

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Reflection Period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration Transaction: a distance contract related to a series of products and/or services, where the obligation to deliver and/or receive is spread over time;

Durable Data Carrier: any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information.

Right of Withdrawal: the consumer's option to withdraw from the distance contract within the reflection period;

Model Form: the withdrawal form provided by the entrepreneur, which a consumer can fill out when they wish to exercise their right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;

Distance Contract: an agreement where, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusive use is made of one or more means of remote communication up to and including the conclusion of the agreement;

Means of Remote Communication: a tool that can be used to conclude an agreement without the consumer and entrepreneur being together in the same space simultaneously.

General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Todor Kanchev
Industrieweg 36a, Netherlands
Email: todorovkanchev@gmail.com
VAT number: NL005167699B51
Chamber of Commerce (KVK) number: 95675256

If the entrepreneur's activity is subject to a relevant licensing regime: information about the supervisory authority.

If the entrepreneur practices a regulated profession:

The professional association or organization to which they belong;
The professional title and the place in the EU or European Economic Area where it was awarded;
A reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in a way that allows the consumer to store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request.

If specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the most favorable provision in the event of conflicting conditions.

If one or more provisions of these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these conditions will remain in effect for the rest, and the relevant provision will be replaced by a provision that approximates the original intent as closely as possible.

Any situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these general terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.

The offer includes a complete and accurate description of the offered products and/or services. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they must be a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or the dissolution of the agreement.

Images of products represent the actual products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This particularly includes:

The price, excluding customs duties and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will handle the import in accordance with the special scheme for postal and courier services applicable in the EU country of destination. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (and any associated customs clearance fees) from the recipient.
Any applicable shipping costs.
The method of concluding the agreement and the necessary steps involved.
Whether or not the right of withdrawal applies.
The method of payment, delivery, and execution of the agreement.
The period during which the offer can be accepted or the period within which the entrepreneur guarantees the price.
If applicable, the cost of remote communication if it differs from the standard base rate.
Whether the agreement will be archived after conclusion and how the consumer can access it.
How the consumer can check and, if necessary, correct the information provided in the agreement before its conclusion.
Any other languages in which the agreement can be concluded in addition to Dutch.
The codes of conduct the entrepreneur has agreed to and how the consumer can access them electronically.
The minimum duration of the distance contract if applicable.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures to facilitate this.

Within legal frameworks, the entrepreneur may inquire whether the consumer can fulfill their payment obligations, as well as any other facts and factors relevant to responsibly concluding a distance agreement. If, based on this investigation, the entrepreneur has legitimate reasons not to enter into the agreement, they are entitled to refuse a request or order with justification or to attach special conditions to the execution.

The entrepreneur shall provide the following information to the consumer, either in writing or in such a manner that the consumer can store it accessibly on a durable data carrier:

The physical address of the entrepreneur’s business location where the consumer can submit complaints;
The conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
Information on warranties and existing post-purchase services;
The information specified in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information before the execution of the agreement;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuous transaction, the previous paragraph only applies to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This reflection period starts on the day after the consumer or a representative designated by the consumer and made known to the entrepreneur receives the product.

During the reflection period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product, including all accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification must be made through a written message or email. After the consumer has communicated their wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example, through proof of shipment.

If the consumer has not notified their intention to exercise the right of withdrawal or has not returned the product within the timeframes mentioned in paragraphs 2 and 3, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This refund is subject to the condition that the product has been received by the entrepreneur or conclusive proof of complete return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly states this in the offer, or at least before concluding the agreement.

Fashablo Mode does not offer exchange or refund options for items on sale, clearance, or promotion. This also applies to purchases made through our bundles.

Exclusion of the right of withdrawal is only possible for products:

that are made according to the consumer's specifications;
that are clearly personal in nature;
that, by their nature, cannot be returned;
that can spoil or age quickly;
whose price depends on fluctuations in the financial market that the entrepreneur cannot control;
for individual newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal.

Products from the "Beauty," "Kids & Baby," "Swimwear & Bikinis," and "Sport" collections cannot be returned due to COVID-19 hygiene measures.

Exclusion of the right of withdrawal is only possible for services:

related to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
where delivery has started with the consumer's explicit consent before the withdrawal period has expired;
related to betting and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the products and/or services will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no control, at variable prices. This dependency on market fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.

Price increases within three months of concluding the agreement are only allowed if they result from legal regulations or provisions.

Price increases after three months of concluding the agreement are only allowed if the entrepreneur has stipulated this and:

they are due to legal regulations or provisions; or
the consumer has the right to terminate the agreement as of the day the price increase takes effect.

According to Article 5, paragraph 1 of the Dutch VAT Act 1968, the place of delivery is where the transport begins. In this case, delivery takes place outside the EU. As a result, the postal or courier service will charge the customer import VAT and/or customs clearance fees. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to typographical and printing errors. The entrepreneur accepts no liability for the consequences of typographical and printing errors. In the case of such errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the agreement’s conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims under the agreement.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual consumer application, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions, have been handled carelessly, or are contrary to the entrepreneur’s instructions and/or on the packaging;
The defect is wholly or partly the result of regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest possible care in receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the entrepreneur.

Subject to the provisions in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless a longer delivery period has been agreed upon with the consumer. If delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed within 30 days after placing the order. In this case, the consumer has the right to terminate the agreement without cost and is entitled to any compensation.

In the event of termination under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to offer a replacement item. The consumer will be informed clearly and understandably at the latest upon delivery that a replacement item is being provided. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipment for replacement items are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a pre-designated and known representative, unless explicitly agreed otherwise.

Article 12 – Ongoing Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement of indefinite duration, which includes the regular delivery of products (including electricity) or services, at any time with a notice period of no more than one month.

The consumer may terminate a fixed-term agreement, which includes the regular delivery of products (including electricity) or services, at the end of the specified period with a notice period of no more than one month.

The consumer may:

Terminate such agreements at any time without being limited to a specific time or period;
Terminate them in the same way as they were entered into;
Always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement for the regular delivery of products or services may not be automatically extended or renewed for a fixed period.

By way of exception, a fixed-term agreement for the regular delivery of newspapers and magazines may be automatically extended for a maximum of three months, provided the consumer can terminate the extended agreement with a notice period of no more than one month.

An agreement of limited duration for the regular delivery of introductory newspapers and magazines (trial or introductory subscriptions) will not be automatically continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month unless reasonable and fair conditions prevent termination before the agreed period ends.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the withdrawal period as described in Article 6, paragraph 1. For service agreements, this period begins after the consumer receives the confirmation of the agreement.

The consumer must promptly report any inaccuracies in the provided or specified payment details to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted fully and clearly in writing to the entrepreneur within seven days after the consumer discovers the defects.

Complaints will be answered within 14 days of receipt.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer under these terms and conditions are exclusively governed by Dutch law, even if the consumer resides abroad.