TERMS AND CONDITIONS Daisy Kroon

Article 1: general terms and conditions Daisy Kroon

1.1 The General Terms and Conditions of Daisy Kroon apply to all agreements and all juristic and other acts between Daisy Kroon and the customer, even if these juristic or other acts should not lead to, or are not related to, an Agreement. The general terms and conditions also apply to any and all use by the customer of the web site.

1.2 Unless explicitly agreed otherwise, the applicability of other General Terms and Conditions is excluded.

1.3 An individual Agreement may deviate from one or more provisions of the General Terms and Conditions in relation to the specific nature of that Agreement.

 

Article 2: communication between Daisy Kroon and the customer

2.1 Every communication between Daisy Kroon and the customer may be conducted in electronic form excepting where stipulated otherwise in the General Terms and Conditions and/or the Agreement and/or by law.

2.2 The version of the message saved by Daisy Kroon will qualify as proof of the communication, barring evidence to the contrary produced by the customer.

2.3 Electronic communication is considered to have been received on the day of sending, unless the receiver of the communication can prove otherwise. The risk of the message not being received as the result of a delivery or accessibility problem relating to the customer’s e-mail box is borne by the customer, even if the e-mail box is hosted by a third party.

 

Article 3: Information obligations of Daisy Kroon

3.1 Daisy Kroon will ensure that the customer is provided with the General Terms and Conditions, in electronic or other form, prior to or upon conclusion of the Agreement. The customer is independently responsible for saving and printing the General Terms and Conditions and the Agreement as required, by means of the facilities to do so available on the web site, and bears the responsibility for the accessibility of the copy saved.

Article 4: Conclusion of agreement

4.1 Messages by Daisy Kroon on the web site relating to the availability of products and/or services qualify as an invitation to make an offer. Every agreement is entered into under the suspensory condition of sufficient availability of the products and/or services in question. The agreement is entered into by virtue of Daisy Kroon’s confirmation of the customer’s order. The confirmation will be given electronically via the web site and/or e-mail.

Article 5: Prices and payment

5.1 For the products and/or services ordered via the web site, the customer will pay the price stated in the agreement. Payment will be made in the manner specified by Daisy Kroon in the form.

5.2 Prices are inclusive of VAT and other governmental levies. The prices stated on the web site and in advertising may be changed without prior notice. The price stated in the form is binding. If the price stated in the form is higher than the price stated elsewhere on the Daisy Kroon web site at the moment the agreement is concluded, the customer is entitled to dissolve the agreement within two days after its conclusion.

Article 6: Delivery

6.1 Daisy Kroon will strive to deliver all placed orders within the period specified on the web site. Daisy Kroon is in no way liable if delivery takes place at a specified later time.

6.2 In the event the delivery period and/or a term of thirty days is exceeded, the customer is entitled to undo the purchase.

6.3 Daisy Kroon is entitled to send purchases in partial deliveries.

6.4 Daisy Kroon will inform the customer as quickly as possible by e-mail and/or by telephone if a product proves to be no longer available. In consultation, Daisy Kroon will grant the customer the choice between another product for the amount paid and/or a full or partial refund of the purchase price.

6.5 Products sent by Daisy Kroon are insured until the moment of issue to the customer.

6.6 Orders not taken by the customer after three delivery attempts will be returned to Daisy Kroon. Daisy Kroon will treat a return shipment by the courier service as a standard return shipment by the customer. (see Article 8)

6.7 Any complaints relating to the state in which the products are delivered to the customer must be reported to Daisy Kroon by the customer within two business days after receipt, either by e-mail or by telephone.

Article 7: Privacy

7.1 The customer is aware that Daisy Kroon will process the personal data of the customer. This data includes data on the customer’s activities on the web site, such as pages visited, time spent on various elements of the web site, the URL of the web site from which the customer comes and the products or services the customer orders. Daisy Kroon will save this data in a database that will be used for the performance of the agreement, including steps to improve the provision of services to the customer and to provide information or offers to the customer.

Article 8: Return shipments

8.1 Purchases from Daisy Kroon may be returned and/or exchanged for a period of seven business days after cancellation by e-mail. In the Netherlands you can return or exchanged your order with no additional charge.

8.2 Daisy Kroon will only accept returns of products in new, unused and unworn condition, with all original packaging labels and clothes tags attached.

8.3 The purchase prices excluding shipping costs to the customer will be refunded by deposit to the customer’s bank account or credit card company within 10 business days after the receipt of the return shipment.

Article 9: Liabilty

9.1 Daisy Kroon is under no circumstances liable for any indirect losses suffered by the customer or third parties, including consequential loss, loss of sales, loss of profit, loss of data and non-material losses relating to or resulting from the agreement or the use of the products or services.

Article 10: Force majeure

10.1 Daisy Kroon is entitled to dissolve the agreement due to force majeure. Force majeure includes non-attributable failure of third parties or vendors engaged in the performance of the agreement, as well as any situation over which Daisy Kroon cannot exert any factual or decisive control.

Article 11: Applicable law and competent court

11.1 The general terms and conditions and the agreement are governed by the law of the Netherlands. 11.2 The agreements between Daisy Kroon and the customer will be concluded in the English language, with the laws of the Netherlands applicable. Any disputes will be submitted to the competent court in the district of Rotterdam. The general terms and conditions of Daisy Kroon are filed in the trade register of Rotterdam under trade register number 24434655.

 

Rotterdam, January 2008 Daisy Kroon