Terms & Conditions
General Terms and Conditions for the Dare To Be B.V. (also "MARLIES DEKKERS") webshop Issued: [21/08/2013]
1 Scope and Definitions
(1) These General Terms and Conditions (the " Terms") will apply when you access the MARLIES DEKKERS webshop (the " webshop") or place orders to purchase any of the goods on the website www.marliesdekkers.com. Any reference to "we"/"us"/"our" in these Terms is a reference to Dare To Be B.V. located at Voorhaven 17, 3025 HC ROTTERDAM, The Netherlands and any reference to "you"/"yours" means you, the user of the webshop.
(2) Read these Terms before using the webshop and placing your order. By accessing any part of the webshop or ordering goods from the webshop, you agree to be bound by these Terms.
(3) These Terms are available in the English and Dutch language.
2 Our Contract
(1) When you use the webshop and you are under 18 years of age, your parents/guardians must assent to your purchases.
(2) Your order constitutes an offer to us to buy the goods you select from the webshop. All orders are subject to availability and will not constitute a binding contract of sale until accepted by us. We reserve the right to refuse to accept an order.
(3) The webshop focuses on sales to private persons not acting in the course of a business. We reserve the right to refuse orders for multiple quantities of an item ordered.
3 Personal Account
(2) Follow the instructions in the webshop and supply us with the following information:
- your name and surname;
- full address and postal code;
- date of birth;
- email address; and, where applicable
- different delivery address.
(3) We will send you an email automatically as proof your account has been created. Your email address will act as the user ID for your account. During the registration process you will be asked to create your own password. You will be given the opportunity to change the password when you log in to your account. You must keep your user ID and password confidential at all times and not make them available to any unauthorised third party. You will be responsible for any use of your user ID and password.
(4) For further details please see the relevant section in our FAQs, to be found here.
4 The Order Process
(1) You may select items from our collections, details of which will be added to the "Shopping Bag" by clicking on the "Add-to-Bag-button". By clicking on the "Go to checkout-button" you initiate the checkout process for the goods added to the Shopping Bag. By clicking on the "Place order now-button" you submit an offer to buy the goods in the Shopping Bag, including any transport costs as they are indicated in the order process. As soon as we accept this offer in the way specified further in this section below, your order forms a binding contract of sale between you and us.
(2) After payment you will automatically be sent an email confirming receipt of your order (the "Confirmation") with a summary of the details of your order, which we would recommend that you print out and keep for your own records.
(3) We will send you a second email when we dispatch and ship your goods which shall constitute our acceptance of your order (the "Acceptance"), at which point a binding contract of sale will be concluded between you and us. We will file a copy of any orders that are accepted by us.
5 Delivery Times, Availability of Goods
(1) Goods will be delivered within Austria, Belgium, Canada, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, the Netherlands, Norway, Poland, Portugal, Spain, Sweden, Switzerland, The United Kingdom and the United States.
(2) We are dependent on third parties for shipping your purchase and cannot accept liability of any kind for delays. Notwithstanding the foregoing, please check our FAQs for delivery dates here.
(3) Before delivery of the goods you have the right to cancel your order by email in accordance with paragraph 8 under reference of the order number provided in the Acceptance. We cannot guarantee that we are still able to cancel your order if it has already been picked up by the shipping party.
(4) If for any reason the goods ordered by you are not available we will notify you by email. Our acceptance of your order in the Acceptance is limited to the goods that are available. No contract of sale will be concluded in respect of goods that are not available. Your payments shall be immediately refunded to you.
(5) As soon as the goods are successfully delivered to you, they become your risk and responsibility.
6 Prices and Delivery Charges
(1) All of the prices listed on the webshop include the currently applicable statutory value-added tax.
(2) The prices shown on the webshop do not include delivery charges. Please check our delivery charges in the FAQ's here.
(3) If you decide to cancel your complete order and return all of the items ordered, we will refund the delivery charges paid by you. Should you cancel your order partially and return some of the items you ordered, we will not refund the delivery charges.
(1) Payment for your goods must be made via one of the payment methods offered to you during the payment process. In case of payment via credit card, subsection two (2) and three (3) of this paragraph will apply.
(2) The full payment price will be debited from your card upon or shortly before dispatch of the goods to you.
(3) All credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
(4) For further details of payment methods, see the relevant section in our FAQs, to be found here.
8 Returns and refunds
(1) We add another 23 days to your statutory right to cancel your order within seven days upon delivery of your goods, resulting in a term de grace of 30 days in total. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. an email, phone or a letter sent by post) - Dare To Be BV, Voorhaven 17, 3025HC Rotterdam, The Netherlands, tel: + 31 10 79 97 999, email: email@example.com. You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired. So, if for any reason you are unhappy with your goods, you have the right to return them and receive a refund (including delivery charges if the complete order is returned), provided:
(a) the goods are returned to: MARLIES DEKKERS webshop, Schelmaatstraat 1, 7575 BC Oldenzaal, The Netherlands within 30 days of your order being delivered to you; and
(b) the goods are returned in their original condition, have not been damaged, washed, altered or worn and include the original packaging and any related accessories or instruction books. Body stockings and bottoms of lingerie must for hygienic reasons be returned unworn and in their unopened, original packing with the label and price tag attached. If not, they cannot be returned. Gift-wrapping and laundry bags cannot be returned.
(2) We ask you not to use the goods to take reasonable care of the goods whilst they are in your possession and return them to us in their original condition at the address given in paragraph 8(1) as soon as reasonably possible after cancelling your order. The goods should be returned to us no later than 14 days after timely cancellation of your order.
(3) Please note that if you fail to take reasonable care of the goods, or fail to return the goods timely to us, we will be entitled to make a claim against you for any losses which we suffer as a result.
(4) If we have not received the goods from you within a reasonable time following cancellation, we reserve the right to send a courier to collect the goods from the address to which they were delivered and charge you for the costs we incur in doing so, notwithstanding your obligations under subsection (2).
(5) We will provide you with the relevant refund to the bank account that was used for payment of the order within  days of us receiving the goods in accordance with subsections (1) to and including (4) above. We will then send you an email confirming that this refund has been made.
(6) MARLIES DEKKERS is under no obligation to accept returns and provide refunds for goods that do not comply with subsections (1) to and including (4) above. Goods that are not accepted by us will be returned to you.
(7) Please see our FAQs for more details about how to notify and send back items to us. The relevant section can be accessed here. Should you have any questions, please contact us at firstname.lastname@example.org or on our helpdesk at [0031 10 79 98 088].
9 Faulty Goods
(1) We ask you to immediately check the ordered goods after delivery. If your goods are faulty or do not meet the description given on the webshop, please contact us as soon as possible at email@example.com or on our helpdesk at [0031 10 79 98 088]. We ask you to return the faulty goods to us and when we agree that they are indeed faulty, will then provide you with a refund for those goods including all delivery charges.
(2) Please see our FAQs for more details about how to notify and send back Faulty Goods to us. The relevant section can be accessed here.
10 Your Personal Data
(1) Your remedies in case of faulty goods or late delivery are set out in paragraph 5(2) and paragraph 9 above. We are not liable for any further damages, except in case of damage as a result of gloss negligence or willful damage by any person acting on our behalf.
(2) We will not be liable or responsible for any loss or damage caused to you where you are not entering into these terms as a consumer, but as a professional party.
(3) We do not:
(i) accept any liability for damage to your computer system or loss of data that results from your use of the webshop;
(ii) guarantee which content and services will be available on the webshop. All content and services on the webshop are provided on an "as is" and "as available" basis; or
(iii) guarantee that the webshop will be available uninterrupted and in a fully operating condition nor that the information on the webshop itself will be free from errors or omissions (however, we will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention).
(4) We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event, which is beyond our reasonable control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting our suppliers or us.
12 Copyright and Other Intellectual Property Rights
(1) Your use of the webshop grants no rights to you in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).
(2) We provide the webshop to you solely for your personal, non-commercial use. The content of the webshop may not be used for any other purpose without our express written permission.
13 Final Provisions
(1) We reserve the right to change or update these Terms from time to time.
(2) These Terms will be governed by and construed exclusively in accordance with the laws of the Netherlands. Any dispute arising out of or in connection with these Terms or any agreement resulting there from shall be submitted to the exclusive jurisdiction of the competent court in Rotterdam, the Netherlands.
(3) If any of these Terms are found to be invalid by any court or regulator, the other Terms shall continue to apply.
(4) Please let us know if you have any questions or complaints regarding the webshop. You can contact us by emailing firstname.lastname@example.org or writing to us at the address provided at the top of these Terms.
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