Terms & Conditions
General terms & conditions webshop
Article 1: Contact details Chivo
Return address (no visiting address): Heymansstraat 139, 5927 NP in Venlo
Email address: firstname.lastname@example.org
Chamber of Commerce number: 75589222
VAT registration number: NL002394997B52
Article 2: Definitions
In these conditions are understood by:
- Supplier: Chivo the sole proprietorship that offers products in its webshop to buyers.
- Buyer: the natural or legal person who enters into a (remote) agreement with Chivo or the natural person who does not act in the exercise of a profession or business who enters into a (remote) agreement with Chivo.
- Agreement (at a distance): an agreement whereby within the framework of a system organized by Chivo for the sale (at a distance) of products and/or services, until the conclusion of the agreement, use is made exclusively of one or more communication techniques (at a distance).
- Technology for distance communication: means that it can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.
- Services and/or products: the subject of one or more agreements.
Article 3: Applicability
- These are the general terms and conditions of Chivo. These terms and conditions apply to all orders placed via the Chivo website.
- By placing an order, the buyer explicitly agrees with the applicability of these general terms and conditions to the order placed by the buyer and declares that the buyer is familiar with the content thereof.
- One or more provisions in these general terms and conditions can only be deviated from if this has been expressly agreed in writing by Chivo. The other provisions of these terms and conditions will remain in full force in that case.
- If the buyer uses general terms and conditions, then these are explicitly rejected unless Chivo has agreed to this in writing.
- Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Chivo.
- The text of these general terms and conditions will be made available to the buyer electronically by Chivo in such a way that this buyer can be stored in a simple way on a durable medium.
- Before the agreement (at a distance) is concluded, the text of these general terms and conditions is made available to the buyer. If this is not reasonably possible, it will be indicated before the (remote) agreement is concluded that the general terms and conditions can be viewed at Chivo and where the general terms and conditions can be accessed electronically and they can be sent free of charge electronically or in a different way.
- Chivo reserves the right to change and/or supplement the general terms and conditions at any time.
Article 4: The offer and formation of agreements
- By using the Chivo webshop and/or placing an order, the buyer accepts these general terms and conditions as well as all other rights and obligations as stated on the webshop and which apply to the webshop.
- Chivo is authorized to use third parties in the implementation of an agreement with the buyer.
- The offer of Chivo is without obligation unless there is a term for acceptance in the offer.
- Offers are valid while stocks last.
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the buyer. If Chivo uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Chivo.
- Each offer contains such information that it is clear to the buyer what rights and obligations are attached to accepting the offer.
- The agreement is established when you place an order through the website and Chivo has sent a confirmation of your order by email.
- Chivo takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the buyer pays electronically, Chivo will take appropriate security measures.
- Chivo can - within the law - inform itself if the buyer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the agreement (at a distance). If, based on this investigation, Chivo has good reasons not to enter into the agreement, Chivo is entitled to refuse an order or request with reasons and to attach special conditions to the implementation.
- Chivo reserves the right not to accept your order if:
- The information entered by the buyer is incorrect or complete and if Chivo has doubts about its accuracy;
- Buyer has not fulfilled an earlier payment obligation;
- Buyer has not received and/or has not collected previous orders;
- The delivery address provided by the buyer is in a country where Chivo does not deliver.
- Chivo will inform the buyer as soon as possible about not accepting the order.
Article 5: Prices and payment
- The price displayed on the website at the time of payment is a total price of all products, excluding shipping costs and including taxes applicable in the European Union, unless otherwise specified by Chivo.
- The buyer owes the price that Chivo has communicated to her in her confirmation. Apparent (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Chivo after the conclusion of the agreement.
- Shipping costs are not included in the price. Special rates apply for shipping outside the Netherlands. With regard to certain payment methods, further conditions apply with regard to the shipping method and the associated costs. This is clearly communicated to the buyer.
- If prices for the offered products and services increase in the period between the order and the execution there of, then the buyer can cancel the order or terminate the agreement within ten days after notification of the price increase by Chivo.
- Orders via the webshop can be paid via the following payment options:
- American Express;
- Chivo can expand the payment options in the future. Other payment options will be made known via the website.
- The buyer has the duty to report inaccuracies in provided or specified payment data to Chivo without delay.
- In the event of late or late payment by the buyer, the buyer owes interest on the outstanding amount, calculated from the day on which the payment should have been made up to the day of full payment, whereby a month entered will be counted as a full month.
- The buyer is also responsible for all (extra) judicial costs of any nature whatsoever that Chivo had to incur as a result of the Buyer's failure to fulfill its (payment) obligations.
- In the event of late payment, Chivo is entitled to terminate the agreement with immediate effect or to suspend (further) delivery until the buyer has fully complied with the payment obligations, including the payment of interest and costs.
- Orders delivered outside of the European Union may be subject to additional fees and/or taxes. These surcharges and/or taxes are expressly not included in the total price referred to in this article. Any additional costs on the basis of these surcharges and/or taxes are for the account and risk of the buyer.
Article 6: Sales area
- Orders can be delivered worldwide.
- Agreements can only be concluded in Dutch.
Article 7: Delivery
- Chivo makes every effort to process and deliver your order as quickly as possible, but in any case within 30 days of the purchase date. In principle, Chivo strives to ship orders placed before 3 p.m. on a business day within 2 days. The final delivery time is 30 days after receiving the order. The delivery date is also subject to change if you make changes to your order.
- The buyer is obliged to do everything possible that can reasonably be expected of it to enable Chivo to deliver the order on time. If the buyer does not cooperate, Chivo reserves the right not to deliver the products.
- The order will be delivered to the delivery address or pick-up point specified by the buyer on the Chivo website.
- The delivery obligation of Chivo will, subject to proof to the contrary, be met as soon as the goods delivered by Chivo have been offered to the buyer once. In the case of home delivery, the report of the carrier, including the refusal of acceptance, serves as full proof of the offer to deliver.
- Chivo may state further information about delivery times on the website or otherwise make it known in writing. All periods mentioned on the website are indicative. No rights can therefore be derived from the aforementioned periods.
- Chivo aims to report delays to the buyer by telephone or e-mail within one working day.
- As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the buyer.
- For deliveries abroad, different conditions may apply.
- If the delivery takes place in parts, then Chivo has the right to regard each delivery as a separate transaction.
- Chivo endeavors to deliver the products ordered by the buyer complete and in good condition. In the event that the products delivered are incomplete or damaged, the buyer must notify this within 48 hours of receiving the order.
Article 8: Faithful representation and lifespan
- Chivo does its utmost to display the products as faithfully as possible on its website. If the buyer is of the opinion that the ordered product does not correspond to the display on the website - at the time of ordering the product - then the buyer can use your right of withdrawal. Article 9 of these general terms and conditions describes how the buyer can make use of the right of withdrawal.
- The lifetime of the products that Chivo offers on its website depends on the material of the product and the way in which and the intensity with which the buyer uses the product. To ensure that the products maintain their optimum lifespan and quality, it is important that the buyer complies with the (was)regulations.
Article 9: Cooling-off period, right of withdrawal and exchange
- If the buyer is not satisfied with the product(s) ordered, the buyer can terminate the agreement within a cooling-off period of 14 days after receipt of the product in question without giving reasons (right of withdrawal).
- The reflection period starts on the day after the buyer has received the product or on the day that a third party designated by the buyer (this is not the carrier) has received the product.
- Buyer has the right to terminate the agreement within 14 days. In this case, the buyer must return the product/products as soon as possible, but in any case within 14 days from the day on which the buyer exercised the right of withdrawal. The product or products in question can be sent to the address referred to in Article 1 for the return of products.
- The buyer is only liable for value reduction of the goods through processing other than what is necessary to assess the nature, properties and function of the goods. This means that all items must be returned in the same condition as upon receipt; the items must not be damaged, dirty, washed, modified or worn (other than for fitting) and all labels or labels must be intact.
- If a product is eligible for a refund, Chivo will refund the amount paid for the product to the account number used by the buyer within 14 days of receiving the product in question.
- The buyer receives a refund of the total purchase amount upon the return of (a) product(s). Shipping costs are not reimbursed.
- When exchanging (a) product(s), the buyer receives the desired product(s) and, if applicable, the amount of difference between the exchanged and the desired product(s).
Article 10: Defects and complaints
- The buyer is obliged to carefully inspect the products or have them inspected immediately upon receipt.
- Complaints from the buyer concerning defects in the product or the delivery, which are noticeable at the latest, must be made by the buyer to Chivo within 7 days after delivery (or within 7 days after the invoice date if the products could not be delivered to the Buyer). be notified.
- Chivo does its utmost to ensure that the ordering and delivery process runs smoothly. If there is still a complaint, the buyer can contact us via our contact details as stated in article 1 of the general terms and conditions.
Article 11: Retention of title
- Ownership of products, notwithstanding the actual delivery, only passes to the buyer, after he has fully paid everything he owes by virtue of any agreement with Chivo. This also includes the reimbursement of interest and costs, including earlier or later deliveries and any work performed or to be performed with regard to the products.
- Buyer may not, before ownership has passed, tax, sell, resell, dispose of or otherwise encumber the products.
Article 12: Warranty and liability
- In principle, the products delivered by Chivo are covered by the warranty as determined by the manufacturer of the relevant article. If the delivered item does not comply with the agreement, the buyer must inform Chivo within a period of two months after discovery thereof. Natural persons who do not act in the exercise of a profession or business who have entered into a (remote) agreement with Chivo are entitled to the rights as stated in the Civil Code, Book 7, Title 1, Sections 1 - 7.
- Chivo is never obliged to pay any compensation to the buyer or others, unless on its part there is intent or gross negligence.
- Chivo does not accept any liability for consequential or commercial damage, indirect damage and loss of profit or turnover.
- If for any reason Chivo is obliged to compensate for any damage, that compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
- Without prejudice to the provisions of this article, there can be no question of a guarantee in the following cases:
- If the wear can be considered normal;
- If changes have been made in or to the product, including repairs that have not been carried out with the permission of the manufacturer;
- If the original invoice cannot be submitted, has been changed or made illegible;
- If defects are the result of improper use or improper use;
- If damage is caused by intent, gross negligence or negligent maintenance.
Article 13: Force majeure
- In the event of force majeure, Chivo is not obliged to fulfill its obligations towards the buyer. Chivo is entitled to suspend its obligations for the duration of the force majeure.
- Force majeure is understood to mean any circumstance independent of its will, as a result of which the fulfillment of its obligations towards the buyer is wholly or partially prevented. These circumstances include strikes, fire, operational disruptions, energy disruptions, disruptions in a (telecommunications) network or connection or used communication systems and/or the unavailability of the internet site at any time and non-delivery or late delivery of suppliers or other engaged third parties.
Article 14: Personal data
- Chivo thereby observes the applicable Dutch laws and regulations.
Article 15: Disputes
- On agreements between Chivo and the buyer to which these general terms and conditions apply, only Dutch law applies.
- The parties will first make every effort to resolve a dispute in mutual consultation.
- Disputes arising from an agreement between Chivo and the buyer that cannot be resolved in mutual consultation, the competent court within the district of the Limburg District Court will take note, unless Chivo prefers the dispute to the competent court of the place of residence from the buyer, and with the exception of those disputes that fall within the competence of the sub-district court.
Article 16: Other provisions
- Chivo strives to answer emails sent to email@example.com within 48 hours.
- You must notify Chivo of any inaccuracies of data provided to you by Chivo within 24 hours, as well as any changes or inaccuracies of your data that you have provided to Chivo.