General terms and conditions
CBW-APPROVED CONDITIONS FOR BRIDAL FASHION AND TAILORING
ARTICLE 1 - Definitions
In these terms and conditions, the following definitions shall apply:
Bridal fashion: Fashion (including accessories) for women, men and children for special occasions, such as weddings and parties.
Customisation: a fashion product composed and made up based on specific requirements of the buyer.
Entrepreneur: The CBW-recognised seller/contractor, participant in SG CBW, who enters into or wishes to enter into an agreement with the buyer.
Copper: the customer/client or any person who enters or wishes to enter into an agreement with the entrepreneur.
Consumer: the buyer not acting in the exercise of a profession or business.
Corporate buyer: the buyer acting in the course of a profession or business.
Delivery date: the fixed day specified in the agreement, by which delivery must be made.
Distance contract: the agreement which, up to and including the conclusion of the agreement, makes exclusive use of one or more means of distance communication.
SG CBW: Stichting Garantieregelingen CBW, which is responsible for the implementation and enforcement of the guarantee schemes referred to in articles 13 and 16 of these terms and conditions.
ARTICLE 2 - The validity
These conditions may only be used by CBW-recognised entrepreneurs. An overview of these can be found at www.cbw-erkend.nl.
If specific web shop terms and conditions apply in addition to these general terms and conditions, the consumer may rely on the provision most favourable to him.
ARTICLE 3 - Intellectual property
1. The entrepreneur reserves the intellectual property. This applies, for example, to provided designs, images, drawings, samples, samples and models. They must be returned immediately at the request of the entrepreneur. The entrepreneur retains his other rights in this case.
2. The buyer may not remove or change any indications in the performances about the intellectual property of the under- mer.
3. The Buyer may not reproduce, disclose, exploit or exhibit the Company's material subject to intellectual property rights without the permission of the Company.
ARTICLE 4 - The offer
1. The quotation is valid for 18 days after the quotation date, unless the quotation indicates otherwise. The quotation is based on the data provided by the buyer and measurements (if any) taken by the entrepreneur.
2. The buyer is obliged to inform the proprietor of circumstances that may affect the performance of the contract, insofar as the buyer knew or should have known about them. This includes, for example, size fluctuations due to pregnancy or (intentions to go on) lines.
3. The offer will explicitly include:
- a full description of the goods to be delivered and the work to be performed; - the total (purchase) price;
- the delivery date; and
- the risks for both parties including the (limited) possibility of exchange.
4. The offer shall state the payment conditions if they differ from Article 5(1) and Article 10.
5. Work not included in the quotation is not covered by the contract and the price specified in the quotation
listed price.
6. The entrepreneur may charge a pass fee to the buyer if the buyer ultimately does not buy
agreement with the entrepreneur. This is only allowed if he has demonstrably indicated this before fitting and the rate is clear.
ARTICLE 5 - The agreement
Retention of title
1. The Company retains ownership of the items it has sold to the Buyer that the Buyer has taken with him but which have not yet been paid for. The Buyer shall ensure that any unpaid items taken away remain in new condition and undamaged until the purchase price (and any associated costs and interest) have been paid. Additional damage due to depreciation shall be borne by the buyer.
Collateral for business buyers
2. In the case of a contract with a business buyer, the Company has the right, before delivering or proceeding with the delivery or performance of the contract, to require sufficient security for the fulfilment of the payment obligations of the buyer.
Compensation for business buyers
3. In the execution of a contract with a business buyer, the proprietor shall never be obliged to pay any damages other than those expressly laid down in these conditions, in particular not to compensate for other direct or indirect damages, including third-party damages, loss of profits and the like.
ARTICLE 6 - Cancellation, exchange and storage
Cancellation
Cancellation of the sale by the buyer shall be at the buyer's expense and risk and shall not release him from his obligation to pay. Only in the event of death or a life-threatening illness of one of the spouses preventing the marriage from going ahead, an exception to this rule applies. If necessary, the buyer must prove this at the entrepreneur's request, for example through a doctor's certificate. In the event of cancellation on these grounds, the proprietor may or may not charge the buyer reasonable compensation for the loss demonstrably suffered by the proprietor.
Exchange
The Buyer may, within 14 days of the conclusion of the contract, make another choice from the Company's col- lection once. If the replacement choice is cheaper than the original one, the original price remains valid. Exchanges cannot be made if the Buyer waives the option of exchanging when concluding the contract (e.g. due to supplier delivery times). This will be noted on the agreement.
Consequences of not collecting
The trader may dissolve the contract if the occasion date for which the item is intended has expired and the buyer has not collected the item and no new occasion date
has passed on. In that case, the Company will give the Buyer 3 months to collect the item and will notify the Buyer in writing or electronically. If after this period the item is not
collected by the Buyer, then the Company may freely dispose of the items, without prejudice to its right to claim the purchase price, insofar as it has not yet been paid, to cover its losses.
Storage costs
If the item is collected by the buyer later than the original opportunity date, the proprietor may charge the storage costs reasonably incurred.
The risk of fire and damage during storage is covered by insurance at the expense of the entrepreneur in the case of a consumer purchase.
ARTICLE 7 - The delivery date and delivery
1. If no delivery date has been agreed, delivery must take place no later than 1 week before the occasion date, unless the parties agree otherwise or last-minute unforeseeable size adjustments are still required.
2. If the delivery date is exceeded, the buyer shall be entitled to rescind the agreement without notice of default or judicial intervention and/or claim damages.
3. If the delivery date is exceeded, the proprietor shall not be liable for consequential damage, however called, in a contract with a business buyer.
4. If the agreed delivery date is not met due to circumstances that are at the Buyer's risk, the Entrepreneur shall not be liable for exceeding the delivery date and any resulting damages. The parties shall then consult to agree a new delivery date.
ARTICLE 8 - Obligations of the entrepreneur
1. The entrepreneur delivers the agreed items well and soundly according to the agreements in the contract. The entrepreneur performs the agreed work well, soundly and according to the agreements in the contract.
2. The entrepreneur shall comply with the legal requirements when executing the agreement.
ARTICLE 9 - Obligations of the buyer
1. The buyer is obliged to inform the proprietor of facts and/or circumstances that may influence the performance of the contract, insofar as the buyer knew or should have known about them. This includes, for example, size fluctuations due to pregnancy or (intentions to go on) lines.
2. The Buyer gives the Company the opportunity to deliver the items or perform the work. 3. The Buyer is obliged to take care of the Company's items on the Buyer's premises until
the purchase price has been paid in full (see also Article 5(1)).
4. The buyer who insists, against the express advice of the entrepreneur, on performing
certain work shall be liable for any damage caused thereby.
ARTICLE 10 - The payment
Purchase and sale of non-customised products
1.
Any agreement, with the exception of customisation, is made under the general payment condition:
- Maximum consumer down payment: 50% of the purchase price; and beyond:
- if not to be delivered to size: remainder on collection of dress/clothes, or
- if customisation is required: on the first pass, the remainder up to a maximum of 90%
of the purchase price. Ownership passes to the buyer upon receipt of a deposit of
more than 50% of the purchase price. The remaining percentage will be paid upon collection.
Bespoke
2.
In the case of a customisation-only contract, the general payment condition is:
- when the order is given by a consumer: a deposit of up to 25% of
the agreed sum.
- after delivery of the materials up to a maximum of 50% of the total purchase price. The property
of the case passes to the buyer upon receipt of a deposit of more than 25% of
the purchase price.
- on the first pass to a maximum of 75% and
- on collection of the dress/garment the remaining percentage.
Proof of payment and ownership
4. Entrepreneur gives the buyer a proof of payment, which also serves as proof of ownership.
5. The Entrepreneur shall ensure that, also for third parties, the property of purchasers belonging to the
entrepreneur remain individually determinable by at least the name of the owner on it
state.
6. If the buyer does not pay in store but receives an invoice or payment request, then
on this a reasonable payment period.
Down payment guarantee
7. On the maximum down payment mentioned in paragraphs 1 and 2, in case of a contract with a consumer, the guarantee of Article 13 applies. The buyer must comply with the procedure mentioned in this article.
Business buyers
8. In agreements with business buyers, the parties are free to agree on payment conditions other than those mentioned in paragraphs 1 and 2. The down payment guarantee of Article 13 does not apply to these agreements.
Non-timely payment
9. If the Buyer does not pay on time, he is automatically in default. After the invoice date has passed, the entrepreneur shall send a payment reminder in which he reminds the buyer of his default and gives him the opportunity to pay within fourteen days after receipt of the payment reminder.
10. After expiry of the period referred to in paragraph 5, the proprietor is entitled to collect the amount due without further notice of default. If the proprietor takes collection measures, the costs associated therewith shall be borne by the Buyer in accordance with the statutory regulations and up to a maximum of 15% of the outstanding principal amount and with a minimum of €40.
11. If, after the expiry of the term in the payment reminder referred to in paragraph 5, payment has still not been made, the proprietor shall charge statutory interest from the expiry of the applicable term for payment referred to in paragraph 5 until the day on which the amount due is received.
Right of retention
12. The Company may exercise the right of retention (hold back) if the Buyer fails to pay a due and payable claim, unless such failure does not justify the retention.
CBW-APPROVED CONDITIONS FOR BRIDAL FASHION AND TAILORING
ARTICLE 11 - Additional costs, additional work and/or reduced work
More or less work means the work that, with the agreement of both parties, is carried out extra or not, or an item that is delivered extra or not, compared to the contract. The entrepreneur shall clarify the costs in advance.
Costs incurred due to the buyer's failure to enable the execution or progress of the work shall be charged to the buyer as additional work.
This shall also include reasonable additional (making-up) costs incurred after the conclusion of the purchase agreement in connection with size corrections deviating from the sizes recorded on the first pass (e.g. due to pregnancy or weight fluctuations of the buyer), if the purchased item has already been ordered, cut and/or trimmed.
ARTICLE 12 - Conformity and warranty
1. The delivered goods must possess those properties that the buyer may expect under normal use on the basis of the agreement (conformity). This also applies to special use insofar as this was foreseen by the parties when the contract was concluded.
2. Deviations to the delivery of colour, structure and the like shall only constitute grounds for complaint if these deviations are unacceptable from a technical point of view according to current and customary standards or trade usage.
3. The product guarantees mentioned in paragraphs 1 and 2 are provided by the entrepreneur. They do not fall under the down payment guarantee of the SG CBW mentioned in Article 13.
4. The buyer is obliged to behave as a good buyer. For example, the buyer must maintain the item properly and adequately, treat it carefully and clean it or have it cleaned professionally. For bridal fashion and party wear, the buyer must take into account the often fragile fabrics and applications when using and cleaning. Cleaning by special bridal fashion cleaning companies, which issue guarantees on the cleaning result, is preferable.
ARTICLE 13 - Payment guarantee
A roadmap and more information on this guarantee can be found at www.cbw-erkend.nl.
observation, is in the interest of the Company and the Buyer. Failure to file the complaint in time may result in the buyer losing his rights.
ARTICLE 14 - Complaints
Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described, preferably in writing or electronically, in good time after the buyer has discovered the defects. For consumer purchases, notification within a period of two months after the discovery of the defect is in any case timely. Faster notification of complaints, i.e. immediately after discovery, is in the interest of the entrepreneur and the buyer. Failure to file the complaint on time may result in the buyer losing his rights.
ARTICLE 15 - The dispute resolution process
1. Disputes between consumer and trader about the conclusion or execution of agreements regarding services and items delivered or to be delivered by this trader can be brought before the Geschillencommissie Bruidsmode, Bordewijklaan 46, PO Box 90600, 2509 LP The Hague, by either the consumer or the trader.
You can find out how this works at www.cbw-erkend.nl.
For a potentially quicker solution as an alternative to a dispute procedure, consumers can also use the CBW-approved Mediation Service,
telephone (088) 9730607 or visit www.cbw-erkend.nl.
More information about the Bridal Fashion Disputes Committee and how to file a complaint directly digitally can be found at www.degeschillencommissie.nl.
2. A dispute will only be considered by the Disputes Committee if the consumer has first submitted his/her complaint to the entrepreneur.
3. After the complaint has been submitted to the entrepreneur, the dispute must be submitted to the Disputes Committee no later than three months after it has arisen.
If use is made of the mediation service of CBW-erkend as mentioned in paragraph 1, it applies that, within six weeks after it has become apparent to the consumer that no satisfactory solution has been reached for him or can be expected from the mediation, a complaint can be submitted to the Geschillencommissie Bruidsmode.
4. If the consumer brings a dispute before the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to bring a dispute before the Disputes Committee, he must ask the consumer to say whether he agrees to this within five weeks. The entrepreneur should announce that he will consider himself free to bring the dispute before the court after the aforementioned period has passed.
5. The Disputes Committee shall render a decision in accordance with the provisions of the regulations applicable to it. The decisions of the Disputes Committee are made by way of a binding opinion pursuant to those regulations. The regulations can be viewed at www.degeschillencommissie.nl. A fee is payable for handling a dispute.
6. If in addition to the Geschillencommissie Bruidsmode also the Geschillencommissie Thuiswinkel (members of Thuiswinkel.org) or the Geschillencommissie Webshop Keurmerk (members of the Stichting Webshop Keurmerk) is competent, the following applies.
For disputes mainly concerning the method of distance selling or provision of services, it is best to contact the Thuiswinkel Disputes Committee or the Geschillencommissie Webshop Keurmerk. For all other disputes, it is best to contact the Geschillencommissie Bruidsmode. This is due to the expertise present in the committees.
7. Only the court or the aforementioned Disputes Committee is authorised to take cognisance of disputes.
ARTICLE 16 - Compliance guarantee
1. The SG CBW guarantees compliance with a binding advice issued by the Geschillencommissie Bruidsmode by a CBW-accredited trader. The consumer must appeal to the SG CBW in writing or electronically within three months after the period within which the entrepreneur was required to comply with the binding advice has expired.
2. However, the SG CBW does not provide a compliance guarantee if:
- the proprietor makes the binding opinion available for inspection within two months of it being sent.
annulment to the court;
- on the agreement on which the binding opinion is based, invoke the
deposit guarantee mentioned in Article 13 can or could have been made;
- during the proceedings before the Disputes Committee there is bankruptcy, suspension of
payment or statutory debt restructuring of the entrepreneur, or his business activities have actually ended. Decisive for the latter situation is the date on which the business termination was registered in the Trade Register, or an earlier date for which the SG CBW can make it plausible that the shop was actually closed and not started up elsewhere. If this is the case, the handling of the dispute proceedings will be discontinued.
3. The guarantee provided by SG CBW is limited to €10,000 per binding advice. SG CBW provides this guarantee on condition that the consumer who invokes this guarantee transfers (assigns) his claim on the basis of the binding advice up to a maximum of the amount paid to SG CBW at the same time as his invocation of the compliance guarantee is honoured. For the excess amount, SG CBW has a best-efforts obligation to ensure that the entrepreneur complies with the binding advice. This means that the consumer is offered to transfer his claim for the excess to SG CBW as well, after which SG CBW will seek payment of this in court in its own name and at SG CBW's expense in order to satisfy the consumer.
4. When an entrepreneur ceases business activities as referred to in paragraph 2, the total amount of guarantees to consumers is limited to an amount of €10,000 per entrepreneur. Settlement takes place in order of receipt at SG CBW of written or electronic appeals to the compliance guarantee until the maximum of €10,000 is reached.
ARTICLE 17 - Dutch law
All agreements to which these conditions apply are subject to Dutch law. © Copyright: Inretail, Postbus 762, 3700 AT Zeist
