Terms and conditions Félie

Article 1 – Identity of the entrepreneur
Félie
Hogeweg 5 -2
1098BT Amsterdam

E-mail address: info@atelierfelie.com
Chamber of Commerce number: 71020609
VAT identification number: NL002294510B07

Article 2 – Applicability

  1. These general terms and conditions apply to every offer made by Félie and to every distance contract concluded by Félie and the consumer. A distance contract means an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication (“Distance Contract“). The consumer means the natural person who is not acting in the exercise of a profession or business and enters into a Distance Contract with Félie (“Consumer“). 
  2. Before the Distance Contract is concluded, the text of these general terms and conditions will be made available to the Consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, Félie will indicate in what way the general terms and conditions can be viewed and that they will be sent by electronic means or otherwise free of charge at the Consumer’s request prior to the conclusion of the Distance Contract.
  3. In the event that specific product or service conditions apply in addition to these general conditions, the first and second paragraphs of this Article will apply accordingly and the Consumer can always rely on the applicable provision that is most favourable to him in case of conflicting conditions.
  4. If one or more provisions of these terms and conditions are wholly or partially null and void or nullified at any time, the agreement and the other provisions of these terms and conditions remain in effect and the provision in question will immediately be replaced by a provision that approximates the purport of the original as closely as possible in mutual consultation.

Article 3 – The offer

  1. Obvious errors or mistakes in the offer are not binding for Félie.
  2. All offers contain a description that enables the Consumer to make a proper assessment of the offer.
  3. The images used are a realistic representation of the products offered. However, Félie cannot guarantee that the images shown correspond exactly with the real products.

Article 4 – The Agreement

  1. The contract between the Consumer and Félie shall be concluded upon the Consumer’s acceptance of the offer and compliance with the conditions attached thereto.
  2. If the Consumer has accepted the offer by electronic means, Félie shall promptly acknowledge receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by Félie, the Consumer may dissolve the agreement.
  3. Each contract shall be concluded under the suspensive condition of sufficient availability of the products concerned.

Article 5 – Right of withdrawal excluded

  1. All products that Félie offers are products manufactured according to specifications of the Consumer, which means they are manufactured on the basis of an individual choice of the consumer. The right of withdrawal is therefore excluded. This means that the products cannot be returned.

Article 6 – The price

  1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. The prices stated in the offer of products or services include VAT.

Article 7 – Conformity and Warranty

  1. Félie guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations that apply on the date of the conclusion of the agreement. 
  2. No claim can be made on paragraph 1 of this Article if:
    1. damage has been caused to the products deliberately or with gross negligence;
    2. the Consumer has repaired and / or processed the delivered products himself or has had repaired and / or processed them by third parties;
    3. the delivered products have been exposed to abnormal circumstances or are otherwise handled improperly or have been treated contrary to the instructions of Félie on the packaging (including the washing instruction that can be found on the poster in the package)
    4. the inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
  3. Any defects or incorrectly delivered products must be reported to Félie in writing within 2 months after delivery. 
  4. Félie is never responsible for the ultimate suitability of the products for each individual application by the Consumer, nor for any advice regarding the use or application of the products.

Article 8 – Delivery and Implementation

  1. Félie will take the greatest possible care when receiving and executing orders for products.
  2. The place of delivery is the address that the Consumer has provided to Félie.
  3. The Consumer is required to provide the correct delivery and mail address to Félie and to notify changes in that regard to Félie immediately. If the Consumer has provided the wrong delivery address to Félie, any additional (shipping) costs will be for the account of the Consumer.
  4. Félie will execute accepted orders expeditiously, but no later than 30 days, unless the Consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the Consumer will be notified of this no later than 30 days after placing the order. In that case, the Consumer has the right to terminate the agreement at no cost. The Consumer is not entitled to compensation.
  5. All delivery times are indicative. The Consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the Consumer to compensation.
  6. If delivery of an ordered product proves impossible, Félie will make every effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of Félie.
  7. The risk of damage and / or loss of products rests with Félie up to the moment of delivery to the Consumer or a pre-designated representative made known to Félie, unless expressly agreed otherwise.

Article 9 – Payment

  1. Unless otherwise agreed, the amounts to be paid by the Consumer must be paid within 7 working days after concluding the agreement. 
  2. The Consumer has the duty to report inaccuracies in the provided or stated payment details to Felie without delay.
  3. In the event of non-payment of the Consumer, Félie has the right, subject to legal restrictions, to charge the reasonable costs made known to the Consumer in advance.

Article 10 – Complaints procedure

  1. Félie has a sufficiently notified complaints procedure in place and handles complaints in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be fully and clearly described and submitted to Félie within 2 months, after the consumer has established the defects.
  3. Complaints submitted to Félie will be responded to within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Félie will reply within 14 days with a confirmation of receipt and an indication when the Consumer can expect a more detailed answer.

Article 11 – Accounts

  1. The Consumer can create an account on the website. Félie can refuse or cancel an account registration.
  2. The Consumer is responsible for the login details of the account. The Consumer may not disclose the login details of the account to third parties.
  3. The Consumer is required to notify Félie immedieatly in case the consumer suspects that his login details have been disclosed to a third party or if he has encountered irregularities with regard the login details.

Article 12 – Force Majeur

The Consumer and Félie are not required to fulfill any obligation in case they are prevented from doing so due to a circumstance not attributable to fault and which is not regarded as their responsibility by virtue of the law, a legal action or a generally accepted norm.  

Article 13 – Disputes

  1. Any agreements between Félie and the Consumer to which these general terms and conditions apply are exclusively governed by Dutch law.