Our general conditions are in accordance with the guidelines of the Authority Consumer and Market (ACM). The rights of the consumer are therefore well guaranteed.
Article 1. Identity of the entrepreneur
1.1 The identity of the entrepreneur:
VOF Desja Vu Art
Headquarters: Westsingel 11, 3421 TJ Oudewater, The Netherlands
Atelier: Kuijerdamseweg 66, 4322 NM Scharendijke, The Netherlands
Chamber of Commerce number: 81557205
VAT number: NL862136829B01
Rabobank: NL62RABO0363772413
E-mail: info@desjavu.nl
1.2 The products are 100% handmade there may be small irregularities in the design and / or finish. This makes the work unique. We check all products before sending. They are delicate fabrics and should be used and handled with care as described in the instructions for use. We reserve the right to any damages beyond our control.
Article 2. Applicability
2.1 All offers, orders and agreements of Desja Vu via the webshop are subject to these general terms and conditions (hereinafter referred to as: "General Terms and Conditions"). Both Désjà Vu and the consumer recognize the legal validity of electronic communication, as also determined by European regulations. The consumer cannot derive any rights from any agreed deviations for future orders.
For retailers, orders are not placed via the webshop but by e-mail info@desjavu.nl with invoice.
2.2 Accepting an offer or placing an order means that the consumer accepts the applicability of these conditions.
2.3 The provisions in these terms and conditions can only be deviated from in writing, in which case the other provisions remain in full force.
Article 3. Offers / agreements
3.1 All offers and quotations by Désjà Vu are without obligation. Désjà Vu expressly reserves the right to change prices, in particular but not exclusively when this is necessary on the basis of (legal) regulations.
3.2 Samples and models shown and/or provided as well as indications of colors, sizes and other descriptions in brochures, promotional material, websites or social media of Désjà Vu are as accurate as possible but serve only as a guide. No rights can be derived from this, unless the parties have explicitly agreed otherwise in writing.
3.3 An agreement is only established after acceptance of the consumer's order by Désjà Vu. As long as Désjà Vu has not confirmed the order to the consumer, no agreement has been established. If the consumer's acceptance deviates from Désjà Vu's offer, Désjà Vu is not bound by this. In that case, no agreement has been concluded, unless the parties have explicitly agreed otherwise in writing.
3.4 Désjà Vu reserves the right to refuse orders. The consumer will be informed of such a refusal with or without stating the reason. Any payment already made will in that case of course be refunded to the account of the bank or credit card company from which this payment originated.
3.5 By ordering from us - either through the website or by e-mail - a legally valid purchase agreement is created on which payment must follow.
Article 4. Prices / shipping costs / payment / reservation of ownership / non-payment
4.1 The prices mentioned for the products and services offered are in euros including VAT, unless explicitly stated otherwise. To companies this is excl.)
4.2 For transport within the Netherlands, with the exception of the Caribbean Netherlands, Désjà Vu will not charge any costs if the sales amount is over 50 euros. For any amount below this the applicable shipping costs apply. For consumers from other countries than the Netherlands, the contribution to the shipping costs depends on the country and the amount of the order. Désjà Vu reserves the right to conform this amount to the most current rates for these services by PostNL or an equivalent provider of parcel services.
4.3 Désjà Vu works in principle by means of prepayment (online or in advance by bank transfer). After an order has been placed, the consumer will receive a confirmation by e-mail containing the total costs, including shipping costs. For online payments, no additional costs are calculated. After receiving the complete payment Désjà Vu will ship the order of the consumer. All items remain the property of Désjà Vu until full payment has been received.
Article 5. Delivery
5.1 Désjà Vu dispatches all orders in principle within 2-5 working days after receipt of the payment via PostNL to the delivery address indicated in the order. If for some reason we should deviate from this, the consumer will be informed by e-mail. If the consumer is not at home at the time of delivery, the consumer can pick up the package at a PostNL point nearby. If the parcel is not picked up within 3 weeks, it will be returned to us. Désjà Vu will refund the purchase price minus the shipping costs to the consumer.
5.2 When terms are mentioned in working days, this means all days from Monday to Friday, excluding legal holidays.
5.3 The indicated delivery times are indicative only. Exceeding the agreed delivery times does not entitle the consumer to compensation, dissolution of the agreement or non-compliance with any obligation which may result for the consumer from this or any other related agreement.
5.4 The product must be delivered to the consumer no later than 30 days after ordering. If this does not happen, the consumer can immediately cancel the purchase. The foregoing does not apply if the parties have agreed on a different delivery period, if there is a case of force majeure on the part of Désjà Vu or the third party or parties engaged by it.
5.5 Désjà Vu strives to deliver the order in one go, but can also deliver the order in parts.
5.6 We do our best to keep the website as up-to-date as possible. However, it may happen that unexpectedly an article is no longer available. In that case Désjà Vu will contact the consumer as soon as possible.
Article 6. Right of withdrawal / return / guarantee
6.1 Upon receipt by the consumer of the ordered items via our webshop or by e-mail, the consumer has a reflection period as described in Article 6.3.
6.2 The article must be checked upon receipt for any errors, imperfections or damage. These should be within 14 days after receipt by the consumer by e-mail to us to be reported. Articles with a mistake, imperfection or damage that are returned without a report within 14 days after receipt by the consumer, can not be accepted.
6.3 If the consumer is not satisfied with the order contact by e-mail, the consumer can within 14 days after receipt of the item / items indicate that he / she wishes to return. The consumer can use the return form, which will be sent via email after notification. The consumer can also invoke the right of withdrawal by means of an unequivocal statement. The consumer will send the item(s) to be returned with the packing slip to Désjà Vu immediately, but in any case within fourteen days of submitting the aforementioned form. The consumer will bear the costs of the registered return shipment.
6.4 The right of withdrawal does not apply to hygienically sensitive articles.
6.5 If the consumer has returned the ordered items, the consumer will receive a refund of the purchase price excluding shipping costs. This subject to the provisions of Article 6.6. If the consumer keeps part of the order, the consumer will only receive the purchase amount of the returned items back and not the shipping costs. Note: The return shipment must be sent by registered mail.
6.6 Within 14 days of receipt of the returned items, we will instruct the bank or credit card company used to place the original order to return to the consumer the amount already paid (excluding the registered shipping costs). Any higher shipping costs for the original shipment from Désjà Vu to the consumer, which the consumer himself has chosen, than the least expensive way of standard delivery offered by Désjà Vu, will not be reimbursed by Désjà Vu.
6.7 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. The condition for actually exercising the right of withdrawal is that the relevant articles are properly packed, complete, undamaged, unused and returned in the undamaged and original packaging together with the packing slip. If damage has occurred due to inadequate shipping packaging or if the postage is insufficient, Désjà Vu reserves the right to refuse a return.
6.8 Based on the law, the consumer has the right to a sound product, which must meet the expectations that the consumer may reasonably have of it. We will solve any problem with the soundness of the product as soon as possible. If the solution does not meet the expectations of the consumer then the consumer can cancel the order, without additional costs.
6.9 The warranty and right of withdrawal referred to in this article shall lapse if, among other things:
1. The article has been worn and/or washed (this does not refer to trying on the clothing);
2. The article has been damaged by the consumer and/or the consumer has tried to repair the damage and/or defect;
3. The label(s) and/or accessories have been removed or are missing;
4. The consumer has not followed the user instructions and/or instructions for use; and/or
5. The article has been manufactured according to the specification(s) provided by the consumer.
Article 7. Force Majeure
7.1 In the event of force majeure, Désjà Vu has the right, at its own discretion, to either suspend the execution of the order or to dissolve the agreement without judicial intervention, by notifying the client in writing and without Désjà Vu being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to the criteria of reasonableness and fairness.
7.2 Force majeure is understood to mean any shortcoming which cannot be attributed to Désjà Vu, as it is not due to any fault on its part and for which it cannot be held accountable by virtue of the law, legal action or generally accepted practice.
Article 8. Liability
8.1 Désjà Vu will not be liable for any indirect damage. Désjà Vu will only invoke this exclusion of liability if and insofar as this is permitted by law.
8.2 In case of complaints you can always contact us in writing info@desjavu.nl. Desja Vu's liability is limited to replacement or refund of the item, provided that there is no question of intent and/or gross negligence and/or culpable action, or injudicious or improper use on the part of the customer. In case of improper use, nothing will be refunded.
Article 9. Miscellaneous
9.1 If the consumer provides Désjà Vu with an address in writing, Désjà Vu is entitled to send all orders to that address, unless the consumer provides Désjà Vu with another address in writing to which the orders should be sent.
9.2 If Désjà Vu allows deviations from these General Terms and Conditions, tacitly or otherwise, for a short or long period of time, this will not affect its right to still demand direct and strict compliance with these General Terms and Conditions. The consumer can never assert any right based on the fact that Désjà Vu applies these General Terms and Conditions flexibly.
9.3 If one or more of the provisions of these General Terms and Conditions or any other agreement with Désjà Vu contravenes any applicable statutory regulations, the provision in question will lapse and will be replaced by a new comparable provision to be determined by Désjà Vu.
9.4 Désjà Vu is entitled to make use of third parties for the execution of the order(s).
Article 10. Complaints
10.1 Désjà Vu has a sufficiently publicised complaints procedure and will deal with the complaint in accordance with this complaints procedure.
10.2 Complaints about the execution of the agreement must be fully and clearly described and submitted within 7 days to Désjà Vu, info@desjavu.nl after the consumer has found the defects.
10.3 Complaints submitted to Désjà Vu will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Désjà Vu will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
10.4 The consumer will give Désjà Vu at least 4 weeks to resolve the complaint in mutual consultation.
10.5 In the event of complaints, a consumer should first of all contact Désjà Vu (info@desjavu.nl). Désjà Vu will handle the complaints as described in article 10.3.
10.6 A complaint does not suspend the obligations of the consumer, unless Désjà Vu indicates otherwise in writing.
10.7 If a complaint is found to be well-founded by Désjà Vu, Désjà Vu will at its discretion either replace, repair or refund the delivered products free of charge.
Article 11. Applicable law
11.1 All rights, obligations, offers, orders and agreements to which these conditions apply are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
Article 12. Privacy policy
12.1 The information you provide to us will be included in our customer file. This customer file is not available to other companies or commercial institutions.
It may be that some customer data mentioned on examples, are used for commercial purposes.
Article 13. Copyrights
13.1 All designs and products are protected by copyright. It is not allowed, without prior written permission of Karen Wullings, to use, duplicate, modify or make public the work under penalty of a fine.
13.2 Each design has been deposited with a notary to prove the date of completion and authenticity of the design.
13.2 If an agreement is made to use a design of Karen Wullings/Désjà Vu for e.g. a card, this does not give the right to use the design for any other purpose, to edit, copy etc. (e.g. printing of a copy of the design). (eg printing the design on canvas). Even then written permission must first be obtained from Karen Wullings. If this rule is violated a fine will be imposed.