Terms & Conditions

General Terms and Conditions

1. Identity of the Merchant

The website/webshop are operated by: FM-Deal

FM-Deal operates under the following trade names and websites/webshops:

eloisecloset.com

In these General Terms and Conditions, these websites and webshops are hereinafter jointly referred to as the “Website/Webshop.”

When an order is placed through one of these Websites/Webshops, the agreement is concluded with FM-Deal, trading under the relevant trade name.

For questions, requests, return requests or complaints, the customer must contact the e-mail address stated on the Website/Webshop through which the order was placed.

2. Definitions

Consumer (B2C): A natural person acting for purposes outside their trade, business, craft or profession.

Business Customer (B2B): A natural person or legal entity acting in the course of a trade, business, craft or profession.

Customer: Any natural person or legal entity placing an order through the Website/Webshop.

Agreement: Any agreement concluded between FM-Deal, trading under the relevant Website/Webshop, and the Customer through the Website/Webshop.

3. Applicability

These General Terms and Conditions apply to all offers, orders and agreements made through the Website/Webshop.
By placing an order, the Customer agrees to these General Terms and Conditions.
Any general terms and conditions of third parties, including those of the Customer, are expressly rejected and shall not apply unless expressly accepted in writing by the Website/Webshop in advance.
Any deviations from or additions to these General Terms and Conditions shall be valid only if expressly agreed in writing.
If any provision of these General Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Without the prior written consent of the Website/Webshop, the Customer is not entitled to assign any rights or obligations under the Agreement to any third party.

4. Offers, Prices and Shipping Costs

4a. Offers and Formation of the Agreement

All offers on the Website/Webshop are non-binding.
An Agreement is concluded at the moment the order is confirmed through the Website/Webshop.
The Website/Webshop reserves the right to refuse or cancel an order or to request additional information.
Obvious errors or mistakes in prices, product information, images, specifications or other data shall not be binding on the Website/Webshop.
Offers do not automatically apply to repeat or subsequent orders.
Every Agreement is concluded subject to the availability of the relevant products.

4b. Prices

All prices on the Website/Webshop include VAT for Consumers within the European Union, unless stated otherwise.
Unless stated otherwise, prices are displayed in euros. If prices are displayed in a currency other than euros, this shall be clearly indicated in the offer.
For Business Customers, prices may be displayed excluding VAT.
For deliveries outside the European Union, European VAT may not be charged. Any local taxes, import duties, customs charges or other levies applicable in the country of destination shall, unless stated otherwise, be borne by the Customer.
The Website/Webshop reserves the right to change prices before an Agreement has been concluded.
After conclusion of the Agreement, the agreed price shall apply, unless there is an obvious error or mistake or a statutory obligation to adjust the price.

4c. Shipping Costs

Shipping costs shall be displayed as clearly as possible during the checkout process before the order is placed.
Any additional shipping costs or surcharges shall be stated on the Website/Webshop insofar as these are reasonably known in advance.

4d. Deviating Transport Costs

In exceptional circumstances, transport costs may differ from the shipping costs originally calculated after the order has been placed.
This may occur, for example, as a result of:

sudden increases in transport rates;
international logistics disruptions;
deviating parcel dimensions or weight;
special delivery locations; or
additional carrier surcharges.

The Customer shall be informed thereof before the order is shipped.

4e. Adjustment or Cancellation in Case of Changed Shipping Costs

If shipping costs are adjusted, the Customer shall be given the option to:

pay the difference in shipping costs; or
cancel the order free of charge.

If the Customer does not agree to the adjusted shipping costs, the Agreement shall be terminated and any amount already paid shall be refunded.

5. Payment

Payment shall be made using the payment methods offered on the Website/Webshop.
Orders shall be processed only after payment has been received, unless otherwise agreed in writing.
The Website/Webshop reserves the right to refuse a payment method or to request additional verification.
If a payment is reversed, charged back or otherwise proves not to be final, the Website/Webshop shall be entitled to suspend or cancel the order or recover any costs already incurred.

5a. Business Orders Within the European Union (VAT / VIES)

Additional conditions apply to business orders within the European Union.
The Business Customer must provide correct and complete company details, including:

company name;
street and house number;
postal code;
city;
country; and
a valid VAT number.

The stated VAT number must be valid according to the VIES system.
The shipping address must correspond to the company details as registered in VIES.
If the information provided does not match, cannot be verified or proves to be invalid, the Website/Webshop may:

carry out additional verification;
charge VAT; or
cancel the order.

6. Delivery

Orders shall be shipped to the address provided by the Customer.
The Website/Webshop aims to process and dispatch orders as quickly as possible.
Any delivery times stated are indicative only and shall not entitle the Customer to compensation or termination, unless mandatory law provides otherwise.
The Website/Webshop shall not be liable for delays caused by carriers, customs, logistics problems or other circumstances beyond its reasonable control.
The Website/Webshop reserves the right to deliver orders in instalments or partial shipments.
In respect of Consumers, orders shall be delivered without undue delay and, unless otherwise agreed, no later than 30 days after conclusion of the Agreement. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the Consumer shall be informed as soon as possible. Where required by law, the Consumer shall in such case be entitled to terminate the Agreement free of charge.

7. Right of Withdrawal for Consumers

Consumers have the right to withdraw from an order within 14 days after receipt of the product, without giving any reason, unless a statutory exception applies.
To exercise the right of withdrawal, the Consumer must notify the Website/Webshop in an unambiguous manner within the applicable withdrawal period. The Consumer must use the return procedure or the model withdrawal form.
During the cooling-off period, the Consumer must handle the product and its packaging with due care and may only inspect the product to the extent necessary to establish its nature, characteristics and functioning.

Exceptions to Returns

Earrings and similar (piercing) jewelry can only be returned for hygiene reasons if the seal and/or packaging is unopened and the product has not been worn.
Custom-made or personalized jewelry is excluded from the right of withdrawal unless stated otherwise. If this applies, it will be clearly indicated in the product description.

7a. Return Request and Return Form

To initiate a return shipment, a return request must first be submitted via the return form or by e-mail to the e-mail address of the relevant Website/Webshop.
The return request must contain at least the following information:

name of the Customer;
company name, if applicable;
street and house number;
postal code;
city;
country;
e-mail address;
order number;
date of receipt;
product name or item number;
quantity of items to be returned; and
reason for return.

The reason for return may include, for example:

wrong size;
wrong product received;
product received damaged;
defective product;
product does not meet expectations; or
another reason, with explanation.

Model Withdrawal Form for Consumers

Complete and return this form only if you wish to withdraw from the Agreement.

To:

FM-Deal, trading under the relevant Website/Webshop
Thorbeckelaan 601
2564 CE The Hague
The Netherlands

E-mail address of the relevant Website/Webshop

I/We (*) hereby give notice that I/we (*) withdraw from my/our () contract of sale of the following goods / for the supply of the following service (*)

Name of Customer
Company name, if applicable
Street and house number, postal code, city, country
E-mail address
Name of Website/Webshop
Order number and order date
Date of receipt
Product name or item number
Quantity of items to be returned
Reason for return

Ordered on (*) / Received on *()

Signature of Consumer(s)

Date

(*) Delete as appropriate.

7b. Mandatory Information for Verification

In order to ensure prompt handling of return requests and to prevent fraud, the Customer shall, if requested by the Website/Webshop, provide additional information.
Such additional information may include, among other things:

clear photographs of the product;
photographs of any damage or defects; and
a short video of the product.

If the requested information is not provided, the return request may not be processed or may only be processed in part.

7c. Return Shipment

After assessment of the return request, the Customer shall receive instructions for returning the product.
Return shipments must be sent using a shipping method with Track & Trace.
The Track & Trace number must be sent by e-mail to the Website/Webshop.
The risk of the return shipment shall remain with the Customer until the product has been received by the Website/Webshop.

7d. Refund

If the Consumer validly exercises the right of withdrawal, the Website/Webshop shall reimburse all amounts received from the Consumer as soon as possible and no later than 14 days after receipt of the withdrawal notice. The Website/Webshop may withhold reimbursement until it has received the returned goods, or until the Consumer has supplied evidence of having sent back the goods, whichever occurs first.
For additional conditions, reference is made to the Return Policy on the Website/Webshop.

8. Return Policy for Business Customers

Business Customers do not have a statutory right of withdrawal.
Returns from Business Customers shall only be accepted if:

the product is defective; or
the wrong product has been delivered.

Business Customers must inspect products immediately upon receipt for visible defects, damage, incomplete delivery or incorrect delivery. Any visible defects, incomplete deliveries or discrepancies must be reported in writing or by e-mail through the relevant Website/Webshop as soon as possible and no later than 3 working days after receipt.

9. Return Conditions for Clothing

Additional conditions apply to clothing, shoes and fashion items.
Items may only be tried on in the same manner as would be customary in a physical store.
Returned clothing and fashion items must:

be unworn;
be unwashed;
be free from perfume, deodorant, make-up or other traces of use; and
include the original labels, tags and, where possible, the original packaging.

If returned items show clear signs of use, damage, stains, odours or any other reduction in value, the Website/Webshop may:

refuse the return; or
apply a reduction in value to the extent permitted by law.

10. Return Abuse

The Website/Webshop reserves the right to take measures in the event of repeated or excessive return behaviour.
This may include, among other things:

repeatedly returning a substantial part of orders;
returning used or damaged items;
abuse of return rights; or
acting contrary to the applicable return conditions.

In such cases, the Website/Webshop may, to the extent permitted by law:

restrict return options;
refuse returns;
restrict future orders; or
block accounts.

11. Warranty

The Website/Webshop warrants that the delivered products conform to the Agreement and to the reasonable expectations the Customer may have thereof, taking into account the nature of the product.
Consumers are entitled to the statutory warranty under applicable law.
For Business Customers, only any warranty provided by the manufacturer or supplier shall apply, unless otherwise agreed in writing.
The warranty shall not apply to defects resulting from normal wear and tear, improper or careless use, incorrect assembly, modifications or repairs carried out by the Customer or third parties, or use contrary to the instructions of the Website/Webshop, the manufacturer or the supplier.
If it is established that a product does not conform to the Agreement, the Website/Webshop shall, to the extent required by law and depending on the circumstances, provide repair, replacement or reimbursement.

12. Retention of Title

All delivered products shall remain the property of FM-Deal, trading under the relevant Website/Webshop, until full payment of all amounts due under the relevant Agreement has been received.
Until ownership of the delivered products has passed to the Customer, the Customer shall not be entitled to pledge, transfer or otherwise encumber such products in favour of any third party.
Business Customers shall only be entitled to resell products delivered under retention of title in the ordinary course of business.

13. Liability

The liability of the Website/Webshop shall be limited to the amount of the relevant order or, if lower, to the amount actually paid out under the applicable liability insurance.
The Website/Webshop shall not be liable for indirect or consequential loss, loss of profit, loss of savings or loss resulting from business interruption, unless such loss is caused by intent or deliberate recklessness or unless mandatory law provides otherwise.
The Website/Webshop shall not be liable for damage resulting from improper use of products, incorrect assembly, normal wear and tear, or use contrary to instructions.
Notwithstanding the foregoing, the liability of the Website/Webshop towards Business Customers shall, if for any reason no payment is made under the applicable liability insurance, in all cases be limited to the amount paid by the Business Customer for the relevant order, with a maximum of EUR 1,000, unless such damage is caused by intent or deliberate recklessness or unless mandatory law provides otherwise.

14. International Orders Outside the European Union

Shipments outside the European Union may be subject to customs duties, import taxes, clearance fees or other local charges.
Such costs shall be borne in full by the Customer.
The Customer is responsible for informing themselves in advance of the import rules, restrictions, taxes and formalities applicable in the country of destination.
The Website/Webshop shall not be responsible for delays, refusals, additional costs or destruction of shipments resulting from customs procedures or local regulations.

15. Uncollected or Refused Parcels

If an order is not collected from a pick-up point, is refused upon delivery or is otherwise not accepted, the parcel may be returned by the carrier to the Website/Webshop.
All resulting costs, including shipping costs, return costs and administrative costs, shall be borne by the Customer.
If a parcel is lost, misplaced or not delivered to the Website/Webshop during the return shipment, the risk shall remain with the Customer.
Reimbursement of the purchase price can only take place after the parcel has actually been received and inspected by the Website/Webshop.
If the parcel is not received by the Website/Webshop, no reimbursement shall be made.

16. Personal Data and Privacy (GDPR)

The Website/Webshop processes personal data in accordance with the General Data Protection Regulation (GDPR) and all other applicable privacy laws and regulations.
Personal data shall only be processed insofar as necessary for, among other things:

processing and delivering orders;
communicating with customers;
administration and invoicing;
fraud prevention and security; and
improving services.

More information about the processing of personal data is set out in the privacy policy of the relevant Website/Webshop.

17. Use of the Website/Webshop

The Website/Webshop may not be used for unlawful acts, fraud, abuse, providing incorrect information or disrupting systems.
The Website/Webshop reserves the right to restrict access, block accounts or refuse orders in the event of abuse or suspected abuse.

18. Intellectual Property

All content on the Website/Webshop, including texts, product descriptions, photographs, images, logos, layout and other content, is protected by intellectual property rights.
Without the prior written consent of the Website/Webshop, such content may not be copied, published, reproduced, distributed or used commercially, in whole or in part.

19. Fraud, Unlawful Payments and Chargebacks

The Website/Webshop reserves the right to refuse, suspend or cancel orders in the event of suspected fraud, abuse, unlawful payment, identity fraud, unauthorized use of payment methods or other irregularities.
In that context, the Website/Webshop may require additional verification or information before an order is processed, shipped or released.
If a payment is subsequently found to be fraudulent, unlawful or unauthorized, or if an unjustified reversal or chargeback occurs, the Website/Webshop shall be entitled to:

suspend or terminate the Agreement;
refuse delivery or recover delivered goods; and
recover any costs already incurred, damages, and reasonable collection, investigation or administrative costs from the Customer.

In the event of a reasonable suspicion of fraud, deception, falsified information, misuse of payment methods or other criminal offences, the Website/Webshop reserves the right to report such matters, file a police report and/or take legal action.
All reasonable costs incurred by the Website/Webshop in connection with fraud prevention, investigation, debt collection or legal enforcement may, to the extent permitted by law, be recovered from the Customer if the fraud or irregularity can be attributed to the Customer.

20. Complaints

Complaints may be submitted via the e-mail address of the relevant Website/Webshop.
When submitting a complaint, the Customer must clearly state the nature of the complaint, the order number and any other relevant information so that the complaint can be handled carefully.
In connection with the assessment of a complaint, the Website/Webshop may request additional information, photographs, videos or other relevant supporting material from the Customer.

21. Force Majeure

The Website/Webshop shall not be liable for delays or failure to perform its obligations as a result of force majeure.
Force majeure includes, but is not limited to, disruptions at carriers, suppliers, payment providers, internet or system failures, pandemics, government measures, strikes and other circumstances beyond the reasonable control of the Website/Webshop.
In the event of force majeure, the Website/Webshop shall be entitled to suspend the performance of its obligations for the duration of the force majeure situation.
If performance becomes permanently impossible due to force majeure, or if the force majeure situation continues for a prolonged period, the Website/Webshop shall be entitled to terminate the Agreement in whole or in part without any obligation to pay compensation, unless mandatory law provides otherwise.

22. Limitation Period

If the Agreement has been concluded with a Business Customer, all legal claims and defences of the Business Customer against FM-Deal and the Website/Webshop operated by it shall lapse twelve (12) months after the date on which they arose, unless mandatory law provides otherwise.
Statutory limitation periods and complaint periods shall apply to Agreements concluded with Consumers.

23. Governing Law and Jurisdiction

All offers, orders, Agreements and other legal relationships with the Website/Webshop shall be governed exclusively by Dutch law.
The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
Any disputes shall be submitted to the competent court of The Hague, the Netherlands, unless mandatory law provides otherwise.

24. Amendments to the General Terms and Conditions

The Website/Webshop reserves the right to amend these General Terms and Conditions.

The most recent version of these General Terms and Conditions shall be published on the Website/Webshop and shall apply from the date of publication.

Thorbeckelaan 601, 2564 CE The Hague, The Netherlands

Chamber of Commerce No.: 27194074, VAT No.: NL002042520B57

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