Terms & Conditions

Index:
Article   1 – Definitions
Article   2 - Identity of entrepreneur
Article   3 - Applicability
Article   4 - Offers and establishing agreements
Article   5 - Prices
Article   6 - Payments
Article   7 - Deliveries and delivery times
Article   8 - Exchange and a right of withdrawal
Article   9 - Costs in case of withdrawal
Article 10 - Regulation of complaints
Article 11 - Reservation of ownership
Article 12 - Guarantee and liability
Article 13 - Force majeure
Article 14 - Intellectual property
Article 15 - Personal information
Article 16 - Applicable law and competent court
Article 17 - Links
Article 18 - Your rights
Article 19 - Copyright image and text material
 
1.    Definitions.
In these terms and conditions is understood:
    •    Additional agreement: An agreement in which consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services supplied by entrepreneur or a third party on the basis of an agreement between said third party and entrepreneur;
    •    Waiting period: The term in which the consumer may make use of a waiting period;
    •    Consumer: The individual that does not act whilst exercising a profession or business and enters into a distance contract with entrepreneur;
    •    Day: Calendar day;
    •    Digital content: Information produced and delivered in digital form;
    •    Duration agreement: An agreement which refers to a recurring delivery of goods, services and/or digital content during a certain period;
    •    Sustainable data carrier: Any tool - including email - which allows the consumer or entrepreneur to save information directed at them personally, in a way which allows future consult or use during a period (aligned with the purpose for which the information is intended), and unchanged reproduction of the saved information.
    •    Right of withdrawal: The consumer's right to end the distance contract within the waiting period;
    •    Entrepreneur: The individual or legal entity which offers products and/or services to consumers at a distance;
    •    Distance contract: An agreement made between entrepreneur and consumer in the context of an organised system selling products, digital content and/or services at a distance, where until conclusion of the agreement there will be exclusively or partly made use of one or more techniques to communicate at a distance;
    •    Right of withdrawal standard form: The right of withdrawal standard form which the entrepreneur will make available for consumer to fill out in case of making use of his right of withdrawal.

2.    Identity of entrepreneur.
Name:            Eve’s Fashion
KVK:            62694197
VAT:            NL087028906B01

3.    Applicability.
3.1    These terms and conditions apply to every offer made by Eve’s Fashion and every entered into agreement with Eve’s Fashion.
3.2    Aside from these terms and conditions, emphasized on additional terms may apply to certain services and/or products.
3.3    Everything determined in these terms and conditions may only be deviated from when explicitly agreed upon in writing and in which case all other determinations within these conditions remain valid.
3.4    In the event of the consumer referring to his own terms and conditions, they will not be valid unless explicitly agreed upon in writing by Eve’s Fashion.
3.5    Eve’s Fashions internet site is exclusively aimed at the Dutch and worldwide market.
3.6    The following definitions apply to “Consumer”: All Eve’s Fashion website visitors whether individual or legal entity that has or will have any contractual relation of any nature with Eve’s Fashion.
3.7    Eve’s Fashion holds the right to change these conditions to comply with Dutch legal standards.
3.8    By using Eve’s Fashions internet site and/or by placing an order, the consumer accepts these terms and conditions and also all other rights and obligations as stated on the internet site.

4.    Offers and establishing agreements.
4.1    Offers are valid while stock lasts. Offers made on the website will be made public on Eve’s Fashions website, through email or social media.
4.2    A name based offer has a validity period of 2 weeks, unless another period is stated in the offer.
4.3    An agreement is reached when an order confirmation has been handed to the consumer through email, or sent by post to the consumers given email or residential address.
4.4    Consumer and Eve’s Fashion explicitly agree that by using ways of electronic communication a valid agreement has been reached, once the conditions of article 4.1 and 4.3 have been met. Especially the absence of a regular signature will not give any meaning to the binding power of the offer and the acceptance of said offer. The electronic files in possession of Eve’s Fashion will, as far as the law allows it, act as probable evidence.
4.5    Information, images, spoken announcements, by phone or provided through e-mail and applicable declarations in reference to all offers and the most important product traits will be reflected as accurate as possible. Eve’s Fashion cannot guarantee that all offers and products are in accordance with the given information or applicability. Derogations will in principle not lead to compensation and/or termination.

5.    Prices.
5.1    All prices are stated in Euros, in accordance with the legal provisions in this respect, and are including VAT.
5.2    Special offers are only valid for the duration as stated alongside the offer. This statement is placed on the internet site in connection with said special offer. These periods will always match each other.
5.3    All prices are with reservation concerning printing and typing errors. In the instance of printing or typing errors, Eve’s Fashion is not required to deliver the product in accordance to the wrong price.
5.4    Delivery is free of charge with an order of €75,- or over. With the exception of temporary offer codes.

6.    Payment.
6.1    For orders at Eve’s Fashion the following payment methods apply: iDEAL, Paypal, Afterpay (+€2,50) and credit card.
6.2    In the instance of an agreed payment period by Eve’s Fashion, the consumer is only in default when said agreed period has passed.
6.3    Payment periods can exclusively be agreed upon in accordance with to be set conditions.
6.4    In the instance of payment not being on time, the extra costs as a result of this will always be for the buyer. The responsibility of paying an Afterpay invoice on time lies with the buyer. It makes no difference whether this concerns a pre-order, complaint or other situation.
6.5    All legal costs of any nature made by Eve’s Fashion as a result of non fulfilled payments by consumer will be charged to the consumer.
6.6    Eve’s Fashion is competent to terminate the agreement without any further notice or to deny delivery until further notice until consumer has fulfilled his payment obligation, and also payment of additional interest and costs.
6.7    Cancelling an order is not possible. Once you have agreed to these terms and conditions the order will always be processed. You may always make use of your 14 day right of withdrawal.
6.8    Delayed payments through Paypal will always be cancelled. This order will not be sent.
6.9    Eve’s Fashion cannot be held responsible for the approval of an Afterpay invoice. In this instance we refer you to the Afterpay website.

7.    Deliveries and delivery times
7.1    All delivery periods are an indication. No rights can be derived by the consumer from any stated periods.
7.2    When a temporarily out of stock product is ordered by a consumer, Eve’s Fashion will do everything in her power to make a replacement item available or announce when the ordered product will again be available. Should this not be the case, the consumer holds the right to choose either a store credit code or a refund of the amount.
7.3    The shipping address is the address which was made known by the consumer to the company.
7.4    Cancelling an order is not possible. Once you have agreed to these terms and conditions the order will always be processed. You may always make use of your 14 day right of withdrawal.
7.5    The risk of losing or damaging the product which is stated in the agreement, will pass onto the customer the moment this product is handed to PostNL and the customer in a legal manner. After which it is in the customer’s or a by him appointed third party’s power.
7.6    Other terms may apply to deliveries abroad.
7.7    When you order products from our site with delivery outside the Netherlands, import duties and raised taxes once the delivery reaches its destination may apply. You are responsible for payment of such import duties and taxes. Please be advised that we have no control over these costs and have no knowledge concerning the amount. Please contact your local custom office for additional information, before placing your order.
7.8    Please be advised that you must abide by all the countries applied laws and regulations for which the products are meant. We cannot be held responsible for any violation by you of any laws.
7.9    In the instance where the order is not delivered within 5 weekdays, you must send an email to info@eve-fashion.com. Eve’s Fashion will start an investigation with the delivery company. Should it be the case that the investigation and track and trace code show the product was delivered, than Eve’s Fashion cannot be held responsible for this.
7.10    Refusing an order upon delivery will lead to additional costs. These costs will be charged to the customer.
7.11 If a package has been lost, we will commission a fraud investigation with the delivery service. For this we need a statement from the customer including signature that the customer declares not to have received the package. If the package is still delivered, the data of the person is transferred to the delivery service and a report of theft is made to the police.

8.    Exchange and a right of withdrawal

8.1    The consumer is obligated to inspect the product thoroughly immediately upon receiving it.
8.2    Agreements made with consumers where exclusively has been made use of electronic communication, will lead to the consumer having the right to, without being given a fine or having to state a reason, invoke a right of withdrawal within 14 days. This must be made known to us within 14 days.
8.3    During the waiting period the buyer will handle the product and the packaging carefully. The buyer will only slightly open the package or use it as far as necessary, to be able to judge if he wishes to keep the product. The labels must stay attached at all times. Should the buyer wish to invoke his right of withdrawal, than the product must be returned to the entrepreneur including all delivered additions and - if reasonably possible - in the original state and packaging in accordance with the entrepreneurs stated reasonable and clear instructions.
8.4    Should the consumer have invoked his right of withdrawal as mentioned in the previous article, than Eve’s Fashion will ensure a refund within 30 days.
8.5    In the instance in which any of the below statements apply, the right to return cannot be used:
    •    If the clothing has been worn and/or washed
    •    If the clothing has stains, food stains, makeup stains, body odours, deodorant or cigarette smells.
    •    If an attempt has been made to wash or repair a defect etc.
8.6    Items purchased in sale period cannot be returned. Exchange is possible within the set period of 14 days. Funds will not be returned and any Afterpay invoice will not be canceled. You will always receive a store credit code in the amount of the sale items. This also applies to regular offers or discount codes from 20% off within the webshop. Should you receive a store credit code or a general code, than additional delivery rates will always apply.
8.7    Items which are sent back, must always be announced through info@eve-fashion.com. The return form must also be filled out. Unannounced returns and filled out return forms, or unreceived return items will not be processed. In the case of a return form not being completely filled out, the return item will only be processed in combination with a track and trace code, upon which your funds will be returned.
8.8    Jewelry, earrings and lashes cannot be sent back because of hygiene reasons.
8.9    By law, we are allowed to reject items such as lingerie, bikinis, swimsuits etc. from a hygienic point of view. We fully understand this is very inconvenient when you have received for example, a size too small or you are not completely satisfied. Which is why, in this circumstance, we apply a rule of leniency where swimwear and lingerie may be exchanged for store credit. We do not return any funds. With this store credit you are able to choose another size or even another product.
8.10    There is a 2 week guarantee on Marbelita bracelets. After this period, Eve’s Fashion is no longer liable for losing stones or glitters.

9.    Costs in case of withdrawal.
9.1    Should the consumer wish to invoke his right of withdrawal, than at most the delivery rate upon returning will be charged to the consumer, and if applicable, the €2,50 Afterpay surcharge.
9.2    In the event in which the consumer has paid an amount, the entrepreneur will refund this amount as fast as possible, but at least within 30 days of the recall. To this, the condition applies that the product has to have been returned to Eve’s Fashion or compelling evidence must be shown that the product has been sent back, or in other words a demonstrable track and trace code must be shown.
9.3    Should it occur that the consumer has sent an item back which will not be accepted, for any reason at all, than the consumer must pay the additional delivery charges of €6,95 which must be paid into account number NL15ABNA0459260855 payable to Eve’s Fashion.

10.    Regulation of complaints.
10.1    Should you have received a defect item than you may contact us within 2 days at info@eve-fashion.com.
10.2    Complaints about the execution of the agreement must be described accurately and handed to Eve’s Fashion within 1 or 2 days, after the consumer has noted the shortcomings. Describe the complaint accurately incl. photo of the complaint and state the order number and date of purchase.
10.3    Eve’s Fashion applies a 14 day period counted from the date on which the complaint was received to reply to said complaint.
10.4    Should a complaint be found reasonable by Eve’s Fashion, than the delivered products will be exchanged free of charge or repaired at Eve’s Fashions discretion.

11.    Reservation of ownership.
11.1     After full payment the product will become the consumer’s/customer’s property.

12.    Guarantee and liability.
12.1    Eve’s Fashion guarantees that the to be delivered items comply with the usual requirements and standards which may apply to these and are free of any defects.
12.2    The proof of purchase will count as proof with regards to the guarantee.
12.3    Any defects or wrongly delivered items must be notified to Eve’s Fashion within 2 days after delivery. Products must be sent back in their original packaging and be in mint condition.
12.4    Eve’s Fashion can never be made to pay any kind of compensation to the consumer, unless it is a question of deliberacy or negligence on Eve’s Fashions behalf. Eve’s Fashion can never be held accountable for consequential damage or loss, collateral damage and loss of turnover.
12.5    Should Eve’s Fashion for any reason be made to pay for damages, than the payment will never be higher than an amount equal to the value of the invoice with regards to the product or service of which the damage was caused.
12.6    Without prejudice to the conditions stated in this article, there can be no question of guarantee should wear be considered as normal and also in the following cases:
    •    There will not be given any washing guarantee. Arisen problems after washing are at own responsibility.
    •    If any changes have been made to the product, such as repairs without Eve’s Fashions or the manufacturers permission; - if the original invoice cannot be handed over, has been changed or has been made unreadable.
    •    In the case of defects which are a direct cause of using the product for something other than for which it is intended or by non judgemental use.
    •    If damage has occured by intent or gross negligence.
    •    A 2 week guarantee applies to Marbelita bracelets. After this period, Eve’s Fashion can no longer be held accountable for the loss of stones or glitters.
    •    Zippers, glitters and/or stones.
12.7    The consumer must protect Eve’s Fashion from any claims made by third parties on the basis of the agreement, to the extent that the law does not resist against the relevant damages and costs being charged to the consumer. The consumer is required to return the product to Eve’s Fashion, to ensure a good evaluation and process towards achieving a claim under the statutory guarantee. If a complaint is found reasonable, Eve’s Fashion is committed to deliver an equivalent product unless agreed upon otherwise.
12.8    Aside from these warranty provisions all legal warranty provisions will remain in force.
    •    Any guarantee arrangement offered by the company is without prejudice to the rights resulting from the law and the distance contract, which the consumer may hold against the company.
    •    Any guarantee granted by the manufacturer or importer is without prejudice to the rights resulting from the law, the distance contract, and the provided guarantee by the company, which the consumer may hold against the company.

13.    Force majeure.
13.1    In the event of force majeure, Eve’s Fashion cannot be held to her responsibilities towards the consumer, the responsibilities will be suspended for the duration of the force majeure.
13.2    To force majeure the following definitions apply:
    •    Any circumstance independent of her will, to why the fulfilling of her responsibilities towards the consumer are completely or partly prevented. These circumstances include strikes, fire, business failures, power failures, no or not on time supplier deliveries or by other third parties. These circumstances also include network failures (telecommunication) or any used communication systems and/or no accessibility to the website at any moment.

14.    Intellectual property.
14.1     The consumer acknowledges explicitly that all rights to intellectual property of shown information, announcements or other expressions in regards to the products and/or in regards to the internet site lie with Eve’s Fashion, her suppliers or other entitled parties.

15.    Personal information.
15.1    Eve’s Fashion will exclusively process the consumers personal information in accordance to her privacy policy. Eve’s Fashion will thereby comply with the privacy rules and regulations.

16.    Applicable law and competent court.
16.1    Dutch law will apply exclusively to all offers and agreements.

17.    Links.
17.1    Eve’s Fashions website may contain third party advertorials or links to other websites. Eve’s Fashion has no influence on the privacy policy or websites of said third parties and can in no way be held responsible.

18.    Your rights.
18.1    You may always inquire at Eve’s Fashion about which of your personal information is processed. For this you may send an email. You may also inquire at Eve’s Fashion through email about making corrections, additions or other to your personal information, which Eve’s Fashion will process as soon as possible. If you no longer wish to receive information, than you may inform Eve’s Fashion of this. You will only receive information if you have given us your email address for these purposes.

19.    Copyright image and text material.
19.1    It is forbidden to, without written consent, copy, save, publicise, duplicate or use text and/or image materials. All of the above is owned by Eve’s fashion. In the occurrence of a violation, a legal procedure will be started.