Terms and Conditions

 

Table of contents:

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer obligations during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and associated costs
Article 9 - Trader obligations in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and performance
Article 14 - Continuing transactions: duration, cancellation and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or differing provisions
Article 20 - Amendments to the Thuiswinkel General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Ancillary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance agreement, and these goods, digital content and/or services are supplied by the trader or by a third party under an arrangement between that third party and the trader;
2. Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
3. Consumer: a natural person acting for purposes outside their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuing agreement: an agreement for the regular supply of goods, services and/or digital content over a specified period;
7. Durable medium: any means - including email - that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and allows the stored information to be reproduced unchanged;
8. Right of withdrawal: the consumer's option to withdraw from the distance agreement within the cooling-off period;
9. Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance agreement: an agreement concluded between the trader and the consumer under an organised system for the distance sale of products, digital content and/or services, using one or more means of distance communication exclusively or in part up to and including the conclusion of the agreement;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions; Annex I need not be provided if the consumer has no right of withdrawal in respect of their order;
12. Means of distance communication: a means that can be used to conclude an agreement without the consumer and trader having to be present in the same place at the same time.

Article 2 - Identity of the trader

Business name: Fashiontiger.
Trading under the name(s):
- Fashiontiger

Business address:
Admiraliteitskade 90B, 3063EG, Rotterdam

 

Visiting address:
Admiraliteitskade 90B, 3063EG, Rotterdam

Customer service
Send us a WhatsApp message by clicking this link . You can also reach us directly on +31 6 23193769. (Please note: we cannot be reached by phone, only via WhatsApp.)

Chamber of Commerce number: 88675912

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance agreement concluded between the trader and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate before the distance agreement is concluded how the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or by other means at the consumer's request.
4. If specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly. In the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 - The offer

1. If an offer is valid for a limited period or subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the trader.
3. Every offer contains sufficient information to make clear to the consumer the rights and obligations associated with accepting the offer.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the associated conditions.
2. If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance electronically. Until the trader has confirmed receipt of this acceptance, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
4. Within the limits of the law, the trader may check whether the consumer can meet their payment obligations, as well as all facts and factors relevant to entering into the distance agreement responsibly. If, based on this investigation, the trader has good reason not to enter into the agreement, the trader is entitled to refuse an order or application, giving reasons, or to attach special conditions to its performance.
5. No later than upon delivery of the product, service or digital content to the consumer, the trader will provide the following information in writing or in such a way that the consumer can store it accessibly on a durable medium: 

• the visiting address of the trader's establishment where the consumer can submit complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
• information about warranties and existing after-sales service;
• the price of the product, service or digital content, including all taxes; where applicable, delivery costs; and the method of payment, delivery or performance of the distance agreement;
• the requirements for cancelling the agreement if it has a duration of more than one year or is for an indefinite period;
• if the consumer has a right of withdrawal, the model withdrawal form.
• In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

1. The consumer may terminate an agreement for the purchase of a product during a cooling-off period of 14 days without giving a reason. The trader may ask the consumer for the reason for withdrawal, but may not require them to provide one.
2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, receives the product, or: 

• if the consumer has ordered several products in the same order: the day on which the consumer or a third party designated by them receives the last product. The trader may refuse an order for several products with different delivery times, provided that the trader clearly informed the consumer of this before the ordering process.
• if the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party designated by them receives the last shipment or part;
• for agreements for the regular delivery of products over a specified period: the day on which the consumer or a third party designated by them receives the first product.

For services and digital content not supplied on a tangible medium:

1. The consumer may terminate a service agreement or an agreement for the supply of digital content not supplied on a tangible medium within 14 days without giving a reason. The trader may ask the consumer for the reason for withdrawal, but may not require them to provide one.
2. The cooling-off period referred to in paragraph 3 begins on the day after the agreement is concluded.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium if the consumer is not informed of the right of withdrawal:

1. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
2. If the trader provides the consumer with the information referred to in the previous paragraph within twelve months of the start of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer receives that information.

Article 7 - Consumer obligations during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will unpack or use the product only to the extent necessary to establish its nature, characteristics and functioning. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
2. The consumer is only liable for any reduction in the value of the product resulting from handling it beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in the value of the product if the trader did not provide all legally required information about the right of withdrawal before or at the time the agreement was concluded.

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs

1. If the consumer exercises the right of withdrawal, they must notify the trader within the cooling-off period using the model withdrawal form or by another unambiguous means.
2. As soon as possible, but within 14 days from the day after the notification referred to in paragraph 1, the consumer must return the product or hand it over to the trader or an authorised representative. This is not necessary if the trader has offered to collect the product. The consumer has met the return deadline if they send the product back before the cooling-off period has expired.
3. The consumer must return the product with all accessories supplied, in its original condition and packaging if reasonably possible, and in accordance with the reasonable and clear instructions provided by the trader.
4. The consumer bears the risk and burden of proof for the correct and timely exercise of the right of withdrawal.
5. The consumer bears the direct cost of returning the product. If the trader has not stated that the consumer must bear these costs, or indicates that the trader will bear them, the consumer does not have to pay the return costs.
6. If the consumer withdraws after expressly requesting that the provision of a service or the supply of gas, water or electricity not prepared for sale in a limited volume or specified quantity begin during the cooling-off period, the consumer owes the trader an amount proportionate to the part of the obligation fulfilled by the trader at the time of withdrawal, compared with full performance of the obligation.
7. The consumer bears no costs for the performance of services, the supply of water, gas or electricity not prepared for sale in a limited volume or quantity, or the supply of district heating, if: 

• the trader has not provided the consumer with the legally required information about the right of withdrawal, reimbursement of costs upon withdrawal or the model withdrawal form; or
• the consumer has not expressly requested that performance of the service or supply of gas, water, electricity or district heating begin during the cooling-off period.
• The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if: 

• before its supply, the consumer did not expressly consent to performance of the agreement beginning before the end of the cooling-off period;
• the consumer did not acknowledge that they would lose their right of withdrawal upon giving consent; or
• the trader failed to confirm this declaration by the consumer.
• If the consumer exercises the right of withdrawal, all ancillary agreements are terminated by operation of law.

Article 9 - Trader obligations in the event of withdrawal

1. If the trader enables the consumer to submit a withdrawal notification electronically, the trader will promptly send an acknowledgement of receipt after receiving the notification.
2. The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, promptly and within 14 days of the day on which the consumer notifies the trader of withdrawal. Unless the trader offers to collect the product, the trader may wait to reimburse the consumer until the product has been received or the consumer provides proof that it has been sent back, whichever occurs first.
3. The trader will use the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge to the consumer.
4. If the consumer has chosen a delivery method more expensive than the cheapest standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer or at least in good time before the agreement is concluded:

1. Products or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur during the withdrawal period
2. Agreements concluded at a public auction. A public auction is a method of sale in which products, digital content and/or services are offered by the trader to consumers who attend or are given the opportunity to attend the auction in person, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements after the service has been fully performed, but only if: 

• performance began with the consumer's express prior consent; and
• the consumer has acknowledged that they lose their right of withdrawal once the trader has fully performed the agreement;
• Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements; 
• Service agreements for the provision of accommodation for purposes other than residential use, goods transport, car rental services and catering, where the agreement specifies a particular date or period of performance;
• Agreements relating to leisure activities where the agreement specifies a particular date or period of performance;
• Products made to the consumer's specifications that are not prefabricated and are made based on an individual choice or decision by the consumer, or that are clearly intended for a specific person;
• Products that spoil quickly or have a limited shelf life;
• Sealed products that are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery;
• Products that, by their nature, become inseparably mixed with other products after delivery;
• Alcoholic beverages whose price was agreed upon when the agreement was concluded, but which can only be delivered after 30 days and whose actual value depends on market fluctuations over which the trader has no control;
• Sealed audio recordings, video recordings and computer software whose seal has been broken after delivery;
• Newspapers, periodicals or magazines, except subscriptions to them;
• The supply of digital content other than on a tangible medium, but only if: 

• performance began with the consumer's express prior consent; and
• the consumer has acknowledged that they thereby lose their right of withdrawal.

Article 11 - The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services at variable prices if their prices are subject to fluctuations in the financial market over which the trader has no control. The offer will state that prices are subject to such fluctuations and that any prices stated are indicative.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and: 

• they result from statutory regulations or provisions; or
• the consumer is entitled to cancel the agreement with effect from the day on which the price increase takes effect.
• The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the agreement and additional warranty

1. The trader warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader also warrants that the product is suitable for use other than normal use.
2. Any additional warranty provided by the trader, their supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to fulfil their obligations under the agreement.
3. An additional warranty means any commitment by the trader, their supplier, importer or manufacturer granting the consumer certain rights or claims beyond those legally required if they have failed to fulfil their obligations under the agreement.

Article 13 - Delivery and performance

1. The trader will exercise the greatest possible care when receiving and fulfilling orders for products and assessing applications for services.
2. The place of delivery is the address provided by the consumer to the trader.
3. Subject to the provisions of Article 4 of these general terms and conditions, the trader will fulfil accepted orders promptly and no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any applicable compensation.
4. After termination in accordance with the previous paragraph, the trader will promptly refund the amount paid by the consumer.
5. The risk of damage to and/or loss of products remains with the trader until delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 - Continuing transactions: duration, cancellation and renewal

Cancellation:

1. The consumer may cancel an agreement concluded for an indefinite period for the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
2. The consumer may cancel an agreement concluded for a fixed period for the regular delivery of products (including electricity) or services at any time with effect from the end of the fixed term, subject to the agreed cancellation rules and a notice period of no more than one month.
3. The consumer may cancel the agreements referred to in the preceding paragraphs: 

• at any time and must not be restricted to cancelling at a particular time or during a particular period;
• at least in the same manner in which they were concluded;
• always with the same notice period as the trader has stipulated for themselves.

Renewal:

1. An agreement concluded for a fixed period for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
2. Notwithstanding the previous paragraph, an agreement concluded for a fixed period for the regular delivery of daily newspapers, news publications, weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer can cancel the renewed agreement at the end of the renewal period with a notice period of no more than one month.
3. An agreement concluded for a fixed period for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement provides for the regular delivery of daily newspapers, news publications, weekly newspapers and magazines less than once a month.
4. A fixed-term agreement for the regular delivery of daily newspapers, news publications, weekly newspapers and magazines on a trial basis (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

1. If an agreement has a duration of more than one year, the consumer may cancel it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude cancellation before the end of the agreed term.

Article 15 - Payment

1. Unless otherwise specified in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period or, if there is no cooling-off period, within 14 days of the conclusion of the agreement. In the case of a service agreement, this period begins on the day after the consumer receives confirmation of the agreement.
2. When products are sold to consumers, the general terms and conditions may never require the consumer to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any right regarding the fulfilment of the relevant order or service(s) until the stipulated advance payment has been made.
3. The consumer must promptly report any inaccuracies in payment details provided or stated to the trader.
4. If the consumer fails to meet their payment obligation(s) on time, the trader will notify them of the late payment and give them 14 days to fulfil their payment obligations. If payment is not made within this 14-day period, the consumer will owe statutory interest on the outstanding amount and the trader is entitled to charge the extrajudicial collection costs incurred. These collection costs are no more than: 15% on outstanding amounts up to € 2.500,=; 10% on the next € 2.500,= and 5% on the next € 5.000,=, with a minimum of € 40,=. The trader may depart from these amounts and percentages in the consumer's favour.
5. Customers can pay with fashioncheque at Fashiontiger. When an order is paid for (in whole or in part) with a fashioncheque and is subsequently returned, the customer receives no refund to the original fashioncheque. Instead, the customer receives a Fashiontiger gift card for the amount paid with the fashioncheque. This Fashiontiger gift card can only be used at Fashiontiger and is valid for two years. 

Article 16 - Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with that procedure.
2. Complaints about the performance of the agreement must be submitted to the trader with a complete and clear description within a reasonable time after the consumer discovers the defects.
3. Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint about a product, service or the trader's customer service may also be submitted using a complaints form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent to both the trader concerned and Thuiswinkel.org.
5. The consumer must give the trader at least 4 weeks to resolve the complaint by mutual agreement. After this period, the matter becomes a dispute eligible for the dispute resolution procedure.

Article 17 - Disputes

1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
2. Disputes between the consumer and the trader concerning the conclusion or performance of agreements relating to products and services supplied or to be supplied by the trader may, subject to the provisions below, be submitted by either the consumer or the trader to the Thuiswinkel Disputes Committee, Postbus 90600, 2509 LP, The Hague (www.sgc.nl).
3. The Disputes Committee will only consider a dispute if the consumer has first submitted the complaint to the trader within a reasonable time.
4. If the complaint is not resolved, the dispute must be submitted to the Disputes Committee no later than 12 months after the date on which the consumer filed the complaint with the trader, in writing or in another form specified by the Committee.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. The consumer should preferably inform the trader first.
6. If the trader wishes to submit a dispute to the Disputes Committee, the consumer must state in writing, within five weeks of a written request from the trader, whether they also wish to do so or prefer to have the dispute heard by the competent court. If the trader is not informed of the consumer's choice within five weeks, the trader is entitled to submit the dispute to the competent court. 
7. The Disputes Committee issues its rulings under the conditions set out in its rules (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee take the form of binding rulings.
8. The Disputes Committee will not consider a dispute, or will discontinue its consideration, if the trader has been granted a suspension of payments, has been declared bankrupt or has effectively ceased business operations before the committee has heard the dispute at a hearing and issued a final ruling.
9. If, in addition to the Thuiswinkel Disputes Committee, another disputes committee is competent and is recognised or affiliated with the Consumer Disputes Committees Foundation (SGC) or the Financial Services Complaints Institute (Kifid), the Thuiswinkel Disputes Committee is preferably the competent body for disputes primarily concerning the method of distance selling or service provision. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid is competent.

Article 18 - Industry Guarantee

1. Thuiswinkel.org guarantees that its members will comply with binding rulings issued by the Thuiswinkel Disputes Committee, unless the member decides to submit the binding ruling to a court for review within two months of its dispatch. This guarantee is reinstated if the binding ruling is upheld following judicial review and the judgment confirming this becomes final. Thuiswinkel.org will pay the consumer up to a maximum of €10.000,- per binding ruling. For amounts exceeding €10.000,- per binding ruling, €10.000,- will be paid. For the excess, Thuiswinkel.org will use reasonable efforts to ensure that the member complies with the binding ruling.
2. To claim this guarantee, the consumer must submit a written claim to Thuiswinkel.org and assign their claim against the trader to Thuiswinkel.org. If the claim against the trader exceeds €10.000,-, the consumer will be offered the opportunity to assign the portion exceeding €10.000,- to Thuiswinkel.org, after which the organisation will seek payment through the courts in its own name and at its own expense for the benefit of the consumer.

Article 19 - Additional or Deviating Provisions

Additional provisions or provisions that deviate from these general terms and conditions must not be detrimental to the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium. 

Article 20 - Amendments to the Thuiswinkel General Terms and Conditions

1. Thuiswinkel.org will only amend these general terms and conditions in consultation with the Dutch Consumers' Association.
2. Amendments to these terms and conditions will only take effect after they have been published in an appropriate manner. If applicable amendments are made during the validity period of an offer, the provision most favourable to the consumer will prevail.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
PO Box 7001, 6710 CB Ede

 

Annex I: Model Withdrawal Form

Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

• To: [ naam ondernemer] 

[ geografisch adres ondernemer]

[ faxnummer ondernemer, indien beschikbaar]

[ e-mailadres of elektronisch adres van ondernemer] 

• I/We* hereby inform you that I/we* withdraw from our contract for 

the sale of the following products: [aanduiding product]*

the supply of the following digital content: [aanduiding digitale inhoud]*

the provision of the following service: [aanduiding dienst]*,

withdraw*

 

• Ordered on*/received on* [datum bestelling bij diensten of ontvangst bij producten]  
• [Naam consumenten(en)]
• [Adres consument(en)]
• [Handtekening consument(en)] (only if this form is submitted on paper)

* Delete as appropriate or complete as applicable.