1.1 I Love Clutches: I Love Clutches VOF., established in (8042PC) Alkmaar, at the address Diamantweg 37, CoC: 57395063, VAT registration number: NL852561714B01, (firstname.lastname@example.org)
1.2 Consumer-Customer: The natural person, not acting in the exercise of a profession or business, and its representatives, agents, successors and/or heirs to whom goods are supplied or sold by I Love Clutches.
1.3 Customer: The natural person and or legal entity, acting in the exercise of a profession or business, and its representatives, agents, successors and/or heirs to whom goods are supplied or sold and/or services provided by I Love Clutches.
1.4 Agreement: The Agreement entered into between I Love Clutches and the Consumer-Customer and/or the Customer on the sales or the supply of goods and/or the provision of services to which these General Terms and Conditions apply.
Unless stated otherwise, the provisions of PART I of these General Terms and Conditions shall apply to both Agreements with Customers as well as Agreements with Consumer-Customers.
2.1 These General Terms and Conditions shall apply to all quotations, estimates, legal relationships and Agreements of and/or with I Love Clutches.
2.2 By placing an order, the Consumer-Customer and/or Customer agree to the General Terms and Conditions.
2.3 All quotations and estimates issued by I Love Clutches are obligation-free, unless I Love Clutches explicitly agreed otherwise in writing.
2.4 All images, specifications and/or data in I Love Clutches quotations and estimates are indicative and cannot give rise to compensation or dissolution of the Agreement.
2.5 Quotations and estimates by I Love Clutches also do not automatically apply to repeat orders.
2.6 I Love Clutches reserves the right to fix obvious mistakes and/or typing errors in quotations and estimates. No liability is accepted for the consequences of such errors. I Love Clutches cannot be held to its quotation and/or estimate if the Consumer-Customer and/or Customer ought to have understood that the quotation and/or estimate, or any part thereof, contained an obvious mistake or typing error.
2.7 Deviations and additions to these General Terms and Conditions are valid only if expressly agreed in writing.
2.8 Any additional (oral) agreements and/or commitments made consecutively by or on behalf of I Love Clutches are binding only if expressly confirmed by I Love Clutches in writing.
2.9 The use of the Consumer-Customer and/or the Customer's own Terms and Conditions is hereby expressly rejected.
2.10 If any provision of these General Terms and Conditions should become invalid or destroyed, the other provisions of these General Terms and Conditions will remain applicable, unaltered and in full.
2.11 If the Consumer-Customer and/or the Customer should consist of more than one person or legal entity, each of these persons or legal entities shall be jointly and severally liable to I Love Clutches for the obligations arising from the Agreement.
2.12 I Love Clutches has the right to change and/or supplement these General Terms and Conditions.
2.13 The Consumer-Customer and/or the Customer is/are not entitled to transfer any right or obligation under the Agreement to third parties without I Love Clutches written permission.
3. Establishment of the Agreement
3.1 Subject to the provisions of articles 3.3 and 3.4 of these General Terms and Conditions, the Agreement shall come into force following I Love Clutches written confirmation of acceptance of the offer by the Consumer-Customer and/or Customer.
3.2 If the Consumer-Customer and/or the Customer have accepted I Love Clutches offer by electronic means, I Love Clutches will confirm the acceptance of the offer by the Consumer-Customer and/or the Customer electronically.
3.3 I Love Clutches reserves the right to refuse the conclusion of the Agreement within a period of 5 working days after receipt of the acceptance by the Consumer-Customer and/or Customer without giving any reason, or to only accept under the condition that the shipment occurs after payment or COD.
3.4 I Love Clutches is entitled to carry out a check in case of an order in which payment will be made afterwards or by Credit card. Based on this check, I Love Clutches can offer an alternate payment method or refuse the conclusion of the Agreement. For larger amounts, I Love Clutches can subject this to the condition that the order will be sent COD. In that case, I Love Clutches will pay the COD charges.
3.5 If I Love Clutches rejects the conclusion of the Agreement on the basis of articles 3.3 and/or 3.4 of these General Terms and Conditions, the Consumer-Customer and/or Customer will not be entitled to compensation.
3.6 Should I Love Clutches make use of its rights under articles 3.3 and 3.4 of these General Terms and Conditions while the order has already been paid for, I Love Clutches will try to refund the payment through the payment method used by the Consumer-Customer and/or Customer. If this is not possible, I Love Clutches will contact the Consumer-Customer and/or Customer in order to refund the payment using another method.
3.7 I Love Clutches is entitled to carry out the Agreement in stages.
3.8 Each Agreement is entered into under the suspensive condition of sufficient availability of the relevant goods.
4.1 All prices are quoted in Euros and include VAT.
4.2 All prices quoted on loavies.com/global are in USD/GBP and exclude VAT.
4.3 All quoted prices exclude packaging, shipping and delivery charges, unless otherwise agreed in writing.
4.4 Prices are not increased within the duration of the offer, unless legal measures necessitate this or the manufacturer or supplier implements interim price increases.
5.1 I Love Clutches is entitled to invoice immediately after the Agreement is concluded with the Consumer-Customer and/or the Customer.
5.2 Payment of (online) invoices must be made within 14 days after the invoice date in a manner indicated by I Love Clutches, and under the payment terms indicated by I Love Clutches.
5.3 In the event of non-payment or late payment by the Consumer-Customer and/or Customer, I Love Clutches will be entitled to terminate the agreement. In that case, the Consumer-Customer and/or Customer shall not be entitled to compensation.
5.4 The Customer is not entitled to set off or to suspend a payment.
6.1 I Love Clutches will deliver the purchased goods or services after the full invoice amount as well as the additional delivery costs incurred are paid to I Love Clutches by the Consumer-Customer and/or Customer, unless otherwise agreed.
6.2 The place of delivery is the address indicated to I Love Clutches by the Consumer-Customer and/or Customer.
6.3 The delivery periods as mentioned in the listings or on the I Love Clutches website are indicative. No rights may therefore be derived from the stipulated periods. I Love Clutches will expedite accepted Agreements with a Consumer-Customer as soon as possible, but no later than 30 days, unless a different delivery period has been agreed to. If the delivery is delayed, or if an order is not or only partially carried out, the Consumer-Customer will be informed at the latest 30 days after the order was placed. In this case, the Consumer-Customer has the right to terminate the Agreement without penalty.
6.4 The risk of damage and/or loss of goods shall be borne by I Love Clutches up to the moment of delivery to the Consumer-Customer or a pre-designated representative made known to I Love Clutches, unless expressly agreed otherwise.
6.5 If the Agreement is concluded with a Customer, the delivery will be ex warehouse. From the time of delivery, the risk of damage and/or loss is that of the Customer.
7. Warranty and Complaints
7.1 The Consumer-Customer and/or Customer shall inspect the goods delivered at the time of delivery. If it appears that the delivered goods are incorrect, defective or incomplete, the Consumer-Customer and/or Customer must immediately report these defects to I Love Clutches in writing (prior to proceeding with the return to I Love Clutches). Any defects or incorrectly delivered goods should and can be reported to I Love Clutches in writing, up to a maximum of 7 days after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and still be in a new condition. Use after discovery of the defect, damage arising after discovery of the defect, use and/or resale after establishing defects shall cancel the right to complain and return the goods completely.
7.2 If the Agreement is concluded with a Customer, any visible defects must be reported to I Love Clutches in writing, within 2 working days after delivery, under penalty of the loss of rights.
7.3 The I Love Clutches guarantee scheme and terms correspond to the factory guarantee period of the delivered goods. However, I Love Clutches shall never be responsible for the ultimate suitability of the supplied goods for any individual application by the Consumer-Customer and/or Customer, nor for any advice as to its use or application of the goods.
7.4 If complaints by the Consumer-Customer and/or Customer should be found valid by I Love Clutches, I Love Clutches will, at its discretion, replace the delivered goods free of charge or conclude a written arrangement on compensation with the Consumer-Customer and/or Customer, under the premise that the compensation amount shall always be limited to at most the invoice amount of the relevant goods. However, I Love Clutches shall at all times only be liable within the limits of article 11 of these General Terms and Conditions.
7.5 The guarantee in article 7.4 is void if:
a) The Consumer-Customer and/or Customer has repaired and/or modified the delivered goods himself, or had it repaired and/or modified by third parties;
b) The delivered goods were exposed to unusual circumstances or otherwise treated carelessly or handled contrary to the instructions given by I Love Clutches and/or on the packaging or labels;
c) The inferiority as a whole or in part is the result of directives that the Government has imposed or will impose regarding the nature or the quality of the materials used.
8.1 The return of delivered goods takes place at the expense and risk of the Consumer-Customer and/or Customer, and is only permitted after I Love Clutches written consent under the conditions to be set by I Love Clutches.
8.2 Goods processed as a whole or in part, damaged and packaged goods whose packaging is missing, can never be returned.
9. Retention of ownership
9.1 All goods delivered to the Consumer-Customer and/or the Customer remain I Love Clutches property until all amounts due by the Consumer-Customer and/or Customer for the goods delivered under the Agreement, as well as all amounts still due under the payment obligations, are paid to I Love Clutches in full.
9.2 As long as ownership of the delivered goods has not yet passed to the Consumer-Customer and/or Customer, it may not pledge the goods, transfer ownership or grant third parties any other rights to it.
9.3 The Customer is allowed to sell and supply goods delivered under retention of title to third parties during the course of his normal business dealings. The Customer is obliged the keep the goods delivered subject to retention of title, separate and handle it with due care, recognizable as the property of I Love Clutches.
9.4 If the Customer fails to comply with the stipulations of article 9.3 of these General Terms and Conditions, it is assumed that the goods of a similar kind as those provided by I Love Clutches are owned by I Love Clutches.
9.5 The Consumer-Customer and/or the Customer is obliged to insure the delivered goods against fire and explosion, water damage, as well as against theft, for the duration of the retention of title, and the insurance policy may be requested and inspected at I Love Clutches first request.
10. Force Majeure
10.1 In case of force majeure, I Love Clutches shall be entitled to suspend all or part of the compliance with its commitments under the Agreement and the Consumer-Customer and/or Customer shall not be able to claim compliance or compensation.
10.2 Force majeure is understood to mean any foreign cause, as well as any circumstances that cannot reasonably be seen as part of its risk. Delays or non-performance of our suppliers, malfunctions of the Internet, malfunctions in the electricity, malfunctions in e-mail traffic and malfunctions or changes in technology supplied by external parties, transport problems, strikes, government measures, delays in supplies, neglect by I Love Clutches suppliers and/or manufacturers as well as its assistants, illness amongst the personnel, defects in equipment or means of transport, all specifically apply as force majeure.
10.3 In case of force majeure, I Love Clutches reserves the right to suspend its obligations and is also entitled to terminate the Agreement as a whole or in part, or to insist that the content of the Agreement be changed in such a way that execution remains possible. In no event shall I Love Clutches be held liable to pay any fine or compensation.
10.4 If I Love Clutches has already met part of its obligations at the time of the commencement of force majeure, or is only partially able to meet its obligations, I Love Clutches shall be entitled to invoice the already delivered or the deliverable part separately, and the Customer shall be obliged to pay this invoice as if it were a separate Agreement. However, this shall not apply if the part already delivered or the deliverable part has no independent value.
11.1 I Love Clutches liability – as well as that of its representatives/agents, employees and third parties engaged by I Love Clutches – shall always be limited to the amount to be paid out in that case under I Love Clutches applicable liability insurance, plus the amount of the excess payable by I Love Clutches according to the applicable policy terms and conditions. If, for whatever reason, no benefits will be paid under the insurance policy referred to above, any liability of I Love Clutches shall always be limited to the amount the Consumer-Customer and/or Customer has paid to I Love Clutches under the Agreement, or the part thereof, based on which the liability has been incurred, up to a maximum of EUR 1,000.
11.2 I Love Clutches shall in no event be liable for indirect damage, including but not limited to consequential damages (to individuals or business), business interruption, loss of profits or revenues, lost savings and/or damage due to business stagnation.
12. Limitations/time constraints
12.1 If the Agreement is concluded with a Customer, the statute of limitations on all claims and disputes of the Customer towards I Love Clutches, by way of derogation from the statutory limitation periods, shall be 3 months from the emergence of such claims and disputes. If the agreement is concluded with a Consumer-Customer, the aforementioned limitation period shall be 13 months.
13. Administration of details
13.2 I Love Clutches respects the privacy of its website users and is responsible for the confidential treatment of personal details.
13.3 I Love Clutches uses a mailing list in some cases. Every mailing contains instructions on how to remove yourself from the list.
14. Applicable law and disputes
14.1 Dutch law is applicable to all Agreements to which these General Terms and Conditions apply, as a whole or in part. The applicability of the United Nations Convention on international contracts for the sale of goods of 1980 (Vienna Sales Convention/CISG) is expressly excluded.
14.2 All disputes in connection with or arising based on this Agreement will be submitted to the competent court in Amsterdam, unless I Love Clutches would prefer to submit the dispute to the competent court of the Consumer-Customer's and/or the Customer's place of residence.
The provisions of PART II of these General Terms and Conditions shall only apply to Agreements with Consumer-Customers and apply in addition to the provisions of PART I of these General Terms and Conditions. In the event of any incompatibility of any provision of PART II with any provision of Part I, the relevant provision in PART II shall prevail.
15. Right of withdrawal
15.1 In the event that a Consumer-Customer has ordered goods or services from I Love Clutches via the Internet, telephone or by mail, the following shall apply.
For the supply of products
15.2 When purchasing products, the Consumer-Customer has the right to terminate the Agreement without giving any reason, within 14 days. This period commences on the day following receipt of the goods by the Consumer-Customer or a representative appointed by the Consumer-Customer and notified to I Love Clutches in advance.
15.3 During this time, the Consumer-Customer shall handle the goods and packaging with care. He shall only unpack or use the product in such a manner as necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories and - if reasonably possible - in its original condition and packaging, to I Love Clutches in accordance with the reasonable and clear instructions provided by I Love Clutches.
15.4 If the Consumer-Customer wishes to exercise his right of withdrawal, he shall make this known to I Love Clutches within14 days after receipt of the product. The Consumer-Customer shall inform I Love Clutches using the return form (Annex 1). The Consumer-Customer must return the product within 14 days after he has expressed his intention to make use of his right of withdrawal. The Consumer-Customer shall have to prove that the supplied goods were sent back on time, for example by means of proof of postage.
15.5 If, after expiry of the withdrawal period of 14 days, the Consumer-Customer failed to express his intention to make use of his right of withdrawal or fails to return the product to I Love Clutches, the sale will become fact.
15.6 The Consumer-Customer is liable for any diminished value of the goods if the treatment thereof goes beyond what is necessary to determine the nature, characteristics and operation.
For the supply of services
15.7 For the supply of Services, the Consumer-Customer has the right to terminate the Agreement without giving reasons for at least fourteen days, starting on the day of entering into the Agreement. This will no longer be free of charge in the last 96 hours prior to delivery.
15.8 To make use of his right of withdrawal, the Consumer-Customer shall act according to the reasonable and clear instructions issued in this regard by I Love Clutches at the time of the offer and/or at the latest upon delivery.
Costs in case of withdrawal
15.9 If the Consumer-Customer makes use of his right of withdrawal, at most the full cost of return will be at his expense, both in case of sales and with services.
15.10 If the Consumer-Customer has paid an amount, I Love Clutches will refund this amount as soon as possible but no later than 14 days after the cancellation, on condition that the goods must has already been received by I Love Clutches.
15.11 I Love Clutches excludes the Consumer-Customer's right of withdrawal for goods and services as described in paragraph 1 and 2.
a) which have been created by I Love Clutches based on the Consumer-Customer's specifications;
b) that are clearly personal in nature;
c) which cannot be returned due to their nature;
d) which can spoil or age quickly;
e) whose price fluctuates without I Love Clutches having control over it;
f) for audio and video recordings and computer software for which the Consumer-Customer has broken the seal.
g) for hygienic products of which the Consumer-Customer has broken the seal.