General terms and conditions
ARTICLE 1 - DEFINITIONS
In these terms and conditions the following terms shall have the following meanings:
1. Reflection period: the period within which the consumer can make use of
can exercise his right of withdrawal;
2. Consumer: the natural person who does not act on behalf of
purposes related to his trade, business, craft or
professional activity;
3. Day: calendar day;
4. Digital content: data that is in digital form
be produced and delivered;
5. Duration agreement: an agreement that extends to the
regular delivery of goods, services and/or digital content during a
certain period;
6. Durable medium: any instrument - including
understood e-mail - that enables the consumer or entrepreneur to obtain information
which is addressed to him personally, to store in a way that future
consultation or use for a period appropriate to the purpose
for which the information is intended, and which does not permit unaltered reproduction of the
enables stored information;
7. Right of withdrawal: the consumer's option to
to cancel the distance contract within the cooling-off period;
8. Entrepreneur: the natural or legal person who
products, (access to) digital content and/or services remotely
offers consumers;
9. Distance contract: an agreement concluded between the
entrepreneur and the consumer is concluded within the framework of an organised
system for the distance selling of products, digital content and/or services,
whereby exclusive or joint use is made up to and including the conclusion of the agreement
is made of one or more distance communication techniques;
10. Model withdrawal form: the model withdrawal form provided in Annex I of
These conditions include the European model withdrawal form. Appendix I
does not have to be made available if the consumer has
order has no right of withdrawal;
11. Remote communication technology: means that can
are used to conclude an agreement, without the consumer and
entrepreneur need not have met in the same room at the same time.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Entrepreneur's name: B Fashion Brands BV trading under the name
name: BASE LEVEL & BASE LEVEL CURVY
Establishment & visiting address: Waterland 10, 1948RK in Beverwijk
Phone number: +31 (0)251 316313
Availability: Monday to Friday from 9:00 AM to 5:00 PM
Email: info@baselevelfashion.com
Chamber of Commerce number: 35029424
VAT identification number: NL806644114B01
ARTICLE 3 – APPLICABILITY
1. These general terms and conditions apply to every
offer of the entrepreneur and on every distance contract concluded
between entrepreneur and consumer.
2. Before the distance contract is concluded,
the text of these general terms and conditions made available to the consumer.
If this is not reasonably possible, the entrepreneur will, before the
distance contract is concluded, indicate in what manner the general
conditions can be viewed at the entrepreneur and that they can be made available at the request of the
be sent to the consumer free of charge as soon as possible.
3. If the distance contract is concluded electronically
closed, may, in deviation from the previous paragraph and before the agreement is concluded
distance is concluded, the text of these general terms and conditions along
be made available to the consumer electronically in such a way
in a way that it can be easily stored by the consumer
on a durable data carrier. If this is not reasonably possible,
before the distance contract is concluded, it is indicated where
the general terms and conditions can be consulted electronically and that
they are provided electronically or otherwise at the consumer's request
will be sent free of charge.
4. In the event that, in addition to these general terms and conditions,
specific product or service conditions apply, the second
and the third paragraph shall apply accordingly and the consumer may, in the event
in the event of conflicting conditions, always rely on the applicable provision that
is most beneficial to him.
ARTICLE 4 – THE OFFER
1. The offer contains a complete and accurate
description of the products, digital content and/or services offered. The
description is detailed enough to allow a proper assessment of the offer
by making it possible for the consumer. If the entrepreneur uses
images, are they a true representation of the offered
products, services and/or digital content. Obvious errors or
Obvious errors in the offer do not bind the entrepreneur.
2. Each offer contains such information that the
it is clear to the consumer what rights and obligations apply to the
acceptance of the offer are bound.
ARTICLE 5 – THE AGREEMENT
1. The agreement is subject to the provisions
in paragraph 4, concluded at the time of acceptance by the consumer of the
offer and compliance with the conditions set therein.
2. If the consumer accepts the offer electronically
has accepted, the entrepreneur will immediately confirm the agreement electronically
receipt of acceptance of the offer. As long as the receipt of this
acceptance has not been confirmed by the entrepreneur, the consumer can
terminate the agreement.
3. If the agreement is concluded electronically,
the entrepreneur shall take appropriate technical and organizational measures to
security of the electronic transfer of data and ensures that
secure web environment. If the consumer can pay electronically, the
entrepreneur to take appropriate safety measures.
4. The entrepreneur can, within legal frameworks - on the
inform whether the consumer can meet his payment obligations,
as well as all those facts and factors that are relevant to a responsible
entering into the distance contract. If the entrepreneur, on the basis of this
research has good reasons not to enter into the agreement, he is
entitled to refuse an order or request with reasons or to comply with the
to attach special conditions to the implementation.
5. The entrepreneur will, at the latest upon delivery of the product,
the service or digital content to the consumer the following information,
in writing or in such a way that it can be recorded by the consumer
accessible manner can be stored on a durable data carrier,
send along:
a. the visiting address of the establishment of the entrepreneur where
the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer
can exercise the right of withdrawal, or a clear statement
regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service
purchase;
d. the price including all taxes of the
product, service or digital content; where applicable, the costs of
delivery; and the method of payment, delivery or performance of the
distance contract;
e. the requirements for terminating the agreement if the
agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the
model withdrawal form.
6. In the case of a long-term transaction, the provision in the
previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
For products:
1. The consumer can enter into an agreement with regard to the
purchase of a product during a reflection period of 14 days without giving any reason
reasons to cancel by sending an email to sales@bfashionbrands.nl. The entrepreneur may
ask the consumer for the reason for withdrawal, but do not provide this information
his reason(s) oblige.
2. The cooling-off period referred to in paragraph 1 commences on the day after
the consumer, or a third party designated by the consumer in advance, who is not the
carrier has received the product, or:
a. if the consumer orders multiple items in the same order
ordered products: the day on which the consumer, or a person designated by him,
third, has received the last product. The entrepreneur may, provided that he
consumer has been clearly informed about this prior to the ordering process
informed, an order for multiple products with different
refuse delivery time.
b. if the delivery of a product consists of several
shipments or parts: the day on which the consumer, or a party designated by him,
third, has received the last shipment or the last part.
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE
REFLECTION TIME
1. During the cooling-off period, the consumer will handle the product with care
with the product and the packaging. He will only unpack the product or
use to the extent necessary to determine the nature, characteristics and functioning of
to determine the product. The starting point here is that the consumer
may only handle and inspect the product as he would in a store
may do. The items must be in their original condition and
contain all labels and price tags.
2. The consumer is solely liable for
depreciation of the product resulting from a way of handling it
with the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for
depreciation of the product if the entrepreneur does not receive it before or at the time
conclusion of the agreement all legally required information about the
has granted the right of withdrawal.
ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE
CONSUMER AND THE COSTS THEREOF
1. If the consumer exercises his right of withdrawal,
he reports this within the cooling-off period by means of the model form for
revocation or in another unambiguous manner to the entrepreneur.
2. As soon as possible, but within 14 days from the day
following the notification referred to in paragraph 1, the consumer returns the product,
or hands it over to (an authorized representative of) the entrepreneur. This is not necessary
if the entrepreneur has offered to collect the product himself. The consumer
has in any case observed the return period if he returns the product
returns before the cooling-off period has expired.
3. The consumer returns the product with all delivered
accessories, if reasonably possible in original condition and packaging, and
in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for correct and timely
exercising the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of the
return the product. If the entrepreneur has not reported that the
consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself
the consumer does not have to bear the costs of return.
ARTICLE 9 - OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF
REVOCATION
1. If the entrepreneur receives the notification of withdrawal from the
consumer electronically, he sends after receipt of
this notification without delay an acknowledgement of receipt.
2. The entrepreneur will reimburse the purchase price of the
returned product, without delay but within 14 days following the day
upon which the consumer notifies him of the withdrawal. Unless the entrepreneur offers the
If the customer collects the product himself, he may wait to pay back until he has received the product
has received the product or until the consumer proves that he has received the product
returned, whichever comes first.
3. The entrepreneur uses the same method for reimbursement
means of payment used by the consumer, unless the consumer agrees to
another method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method
of delivery other than the cheapest standard delivery, the entrepreneur does not have to
additional costs for the more expensive method are not refundable.
ARTICLE 10 – EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur can provide the following products and services
exclude the right of withdrawal, but only if the entrepreneur does so
clearly stated in the offer, at least in good time before the agreement is concluded,
has mentioned:
1. Manufactured according to consumer specifications
products that are not prefabricated and that are manufactured on the basis of
an individual choice or decision of the consumer, or which is clearly intended for a
be intended for a specific person;
ARTICLE 11 – THE PRICE
1. During the period of validity stated in the offer
the prices of the products and/or services offered will not be increased,
subject to price changes due to changes in VAT rates.
2. The products or services mentioned in the offer
prices include VAT.
ARTICLE 12 – COMPLIANCE WITH AGREEMENT AND ADDITIONAL WARRANTY
1. The entrepreneur guarantees that the products and/or
services comply with the agreement, the specifications stated in the offer,
to the reasonable requirements of soundness and/or usability and the date
existing legal provisions and/or provisions of the conclusion of the agreement
government regulations. If agreed, the entrepreneur is also
for that the product is suitable for other than normal use.
2. A product supplied by the entrepreneur, his supplier or manufacturer
or importer provided additional warranty never limits the statutory rights and
claims that the consumer has against the
entrepreneur can claim if the entrepreneur has failed in the
fulfillment of his part of the agreement.
3. Additional warranty means any obligation
of the entrepreneur, his supplier, importer or producer in which he
grants the consumer certain rights or claims that go beyond
which he is legally obliged to do in the event that he has failed to comply with the
fulfillment of his part of the agreement.
ARTICLE 13 – DELIVERY AND EXECUTION
1. The entrepreneur will exercise the greatest possible care in
take into account when receiving and executing orders from
products and when assessing applications for the provision of services.
2. The place of delivery is the address provided by the consumer
made known to the entrepreneur at the time of ordering.
3. Taking into account what is stated in this regard in Article 4 of
these general terms and conditions, the entrepreneur will accept
execute orders with due speed but at the latest within 30 days, unless
another delivery period has been agreed. If the delivery is delayed
experiences, or if an order cannot be fulfilled or can only be fulfilled partially,
are carried out, the consumer will receive this no later than 30 days after he
placed the order message. In that case, the consumer has the
right to terminate the agreement without costs and right to any
compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will
immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of
products rests with the entrepreneur until the moment of delivery to the
consumer or a previously designated and made known to the entrepreneur
representative, unless expressly agreed otherwise.
ARTICLE 14 - PAYMENT
The amounts owed by the consumer must be paid by the
to be paid in advance by the consumer using one of the online options offered
payment methods.
ARTICLE 15 - COMPLAINTS PROCEDURE
1. The entrepreneur has a sufficiently publicised
complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must
within a reasonable time after the consumer has discovered the defects,
must be submitted to the entrepreneur in a fully and clearly described manner.
3. Complaints submitted to the entrepreneur will be dealt with within a
period of 14 days from the date of receipt. If a
complaint requires a foreseeable longer processing time, the
entrepreneur responded within 14 days with a message from
receipt and an indication of when the consumer can expect a more detailed answer
to expect.
4. The consumer must inform the entrepreneur at least 4 weeks
to give the time to resolve the complaint by mutual agreement. After this
term, a dispute arises that is subject to the dispute resolution procedure.
ARTICLE 16 - DISPUTES
1. On agreements between the entrepreneur and the consumer
to which these general terms and conditions apply is exclusively Dutch
applicable law.
ARTICLE 17 – ADDITIONAL OR DEVIATING PROVISIONS
Additional or deviating from these general terms and conditions
provisions may not be to the detriment of the consumer and must be in writing
to be recorded or in such a way that it can be used by the consumer
can be stored in an accessible manner in a sustainable manner
data carrier.