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General terms & conditions (ENG)
TERMS AND CONDITIONS
Last updated: Sep 12th, 2018
Please read these Term and Conditions carefully before using the http://www.mensquare-store.com website operated by Mensquare. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Article 1: Definitions
These conditions apply:
- Company: the private limited company Calucci BV. – Mensquare men’s fashion;
- Costumer: the person who does not act in the course of a business and concludes a non-face-to-face agreement with the company;
- The non face-to-face-agreement: An agreement in which technologies are exclusively used for remote communication up to and including the concluding of the agreement in the context of a system organized by the company for the remote sale of products.
- Communication technology: A medium what can be used for making a contract, without the costumer and company meeting one another in the same room;
- Reflection period: The period of time in which you have the right to use the right of withdrawal without giving any reason.
- Right of withdrawal: the possibility for the costumer to remotely terminate the agreement during the reflection period, without stating reasons;
- Day: calendar day;
- Transaction duration: non face-to-face-agreement offers products for sale that are in stock and service;
- Personal information: every means that enables the costumer to save information that is addressed to it personally in a manner that makes possible future consultation and reproduction of the saved information.
Article 2: Identity of the entrepreneur
Mensquare is a trading name of our online platform.
Halstraat 36, 4811HX, Breda
Phone number: 076 5220525
E-mailadress: [email protected]
BTW- identification number: NL8506.65.401.B.01
You can call us Monday between 1 p.m. and 6 p.m. and Tuesday until Friday between 10 a.m. and 6 p.m.
Article 3: Language and applicability
- These terms and conditions apply to every offer of the company and every face-to-face agreement that was concluded between the company and costumer.
Article 4: The offer
- All products that Mensquare offers for sale through it’s website are offered subject to the condition that the products are in stock with the company.
- All products that are offered by sale by the company through its website are offered subject to the condition shall take place within the European Union.
- All products are provided with a description and one or several pictures in which the description and the pictures together provide a sufficiently detailed and truthful image of the products, enabling the consumer to properly assess the offer.
- Apparent mistakes or errors in the offer do not bind the company.
- The stated prices always include all taxes, provided that orders are made within Europe. When an order is sent abroad, the consumer pays import costs.
5: The formation of the agreement
- This agreement is formed the moment the customer accepts the offer and complies with the conditions that apply in that respect.
- In case the customer has accepted the offer electronically, the company immediately confirms receipt of the acceptance of the offer by means of an electronic message. As long as the receipt of this acceptance has not been confirmed, the consumer can terminate the contract.
- In case the agreement is realized electronically, the company takes the fitting technical and organisational measures for the security of the electronic transfer of data and takes care of a safe web area. In case the customer is able to make electronic payments, the company will observe the applicable safety measures.
Article 6: Payment
- Insofar as not agreed upon otherwise, the amount owned by the customer shall in any case paid immediately when ordering the product.
- The customer has the obligation to immediately report any inaccuracies in provided or stated payment details to the company.
- The receipt of the payment is confirmed to the customer electronically.
- Payment can take place via the payment possibilities provided on the website, being iDeal, Mister Cash, MasterCard, PayPal, Mastercard & Visa.
- When a payment is made with a credit card on the webshop, the customer's card will be charged immediately.
Article 7: Delivery
- The company will observe the utmost care upon receiving and carrying out the orders of products.
- The dispatch of products will occur through Post.nl or another mail delivery company, all this at the discretion of the company.
- As soon as the products are send, the customer is informed by e-mail. In this e-mail the costumer is provided with a so-called ‘track and trace code’.
- The company strives to send the products within 1 to 3 working days after acceptance of the order. In case delivery is delayed or in case an order cannot be carried out. The customer receives a notification one month after the placing of the order at the latest. In that case the customer has the right to terminate the agreement without costs.
- The risk of damage and/or loss of products lies with the company until the moment of delivery to the customer.
Article 8: Right of withdrawal
- During 30 calendar days, the customer has the possibility to terminate the agreement without stating reasons. This period starts on the day of receipt of the product.
- In case the customer uses his right of withdrawal, he shall return the product(s) to the company with all delivered accessories and in the original state and packaging, as soon as possible, in any case within 30 days after the termination and in conformity with the reasonable and clear instruction provided by Mensquare.
- The customer will only unpack and use the product to such a degree insofar that is necessary to assess whether he desires to keep the product. In case the purchases product concerns shoes, the customer is obliged to fit these on a soft subsoil so that the soles will not show any signs of use. If the product is provided with a ‘tag’, a card stating the announcement: “Returns will only be accepted if this tag remains attached to your purchase”.
- During the period that the consumer has the product in his possession, he shall handle the product and packaging with care.
Article 9: Return
- In case the customer usis his right of withdrawal, the costs of return are for his account.
- The customer undertakes to observe the instructions with regard to the return that are provided by Mensquare.
- The company commits itself to pay back the paid purchase price minus the costs of return as soon as possible, aiming at 1 to 3 working days.
- If the customer have to make sure the items are in the same condition he received them in, with all tags still attached.
- If the company determines that the returned product is worn and/or used, the company will not pay back the purchase price.
- Sale items can be exchanged or returned.
Article 10: The price
- In case an offer has a limited term of validity, the prices of the offered products are not changed, except for price changes as a consequence of changes to VAT rates.
- In case no validity period is stated, the company can change the prices of the offered products at all times.
Article 11: Conformity and Guarantee
- The company guarantees that the products shall comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the legal provisions and/or government regulations existing on the date of the realization of the agreement.
Article 12: Complaints procedure
- Complaints about the performance of the agreement shall be submitted to the company with a complete and clear description, preferably in writing or by e-mail within a reasonable time after the customer stated the complaint(s).
- Complaints submitted to the company will be answered within a term of 30 days as from the date of delivery. If a complaint requires a foreseeable longer processing time, the company will answer within the period of 30 days with a message of receipt and an indication when the consumer can expect a more elaborate answer.
Article 13: Applicable law and choice of forum
- All disputes arising from or related to an offer or agreement, to which these terms and conditions apply, are subject to Dutch law.
- All disputes will be submitted to the competent court in The Hague which has absolute jurisdiction, to the exclusion of all other Courts.