Terms & Conditions

ZOE KARSSEN – General Terms and Conditions of Thuiswinkel.org



Article 1 – Definitions 

Article 2 – Identity of the trader 

Article 3 – Applicability 

Article 4 – The offer 

Article 5 – The contract 

Article 6 – Right of withdrawal 

Article 7 – Customers’ obligations in case of withdrawal 

Article 8 – Customers who exercise their right of withdrawal and the costs involved 

Article 9 – Traders’ obligations in case of withdrawal 

Article 10 – Precluding the right of withdrawal 

Article 11 – The price 

Article 12 – Contract fulfilment 

Article 13 – Delivery and implementation 

Article 14 – Payment 

Article 15 – Complaints procedure 

Article 16 – Disputes

Article 17 – Additional or different stipulations 

Article 1 – Definitions

The following definitions apply in these terms and conditions: 1. Supplementary agreement: an agreement in which a consumer obtains products via a distance contract, and a trader or a third party delivers these products, digitalcontent and/or services in accordance with an agreement between that third party and the trader; 

  1. Withdrawal period: the period within which a consumer can make use of his right of withdrawal; 
  2. Consumer: a natural person whose actions are not carried out for objectives relating to the courseof a trade, a profession or a business; 
  3. Day: calendar day; 
  4. Digital content: data that are produced and supplied in digital form; 
  5. Extended duration transaction: a distance contract relating to a series of products and/orservices, whereby the obligation to supply and/or purchase is spread over a period of time; 
  6. Durable medium: every means – including emails – that enables a consumer or trader to storeinformation that is addressed to him in person in a way that facilitates its future use or consultationduring a period that is in keeping with the objective for which the information is intended, andwhich facilitates the unaltered reproduction of the stored information;8. Right of withdrawal: the possibility for a consumer to waive a distance contract within thewithdrawal period; 
  7. Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period; 
  8. Trader: a natural or legal person who offers products from a distance;
  9. Distance contract: a contract concluded between a trader and a consumer within the frameworkof system organized for the distance sale of products, digital content and/or services, wherebysole or partly use is made of one or more techniques for distance communication up to andincluding the moment that the contract is concluded; 
  10. Model form for right of withdrawal: the European model form for right of withdrawal that isincluded in Appendix I of these terms and conditions. The trader is not obliged to provideAppendix I if the consumer has no right of withdrawal with regard to his order; 
  11. Technique for distance communication: means that can be used for communication regardingthe offer made by the trader and concluding a contract, without the necessity of the consumer andtrader being in the same place at the same time.

Article 2 – Identity of the trader

Name trader: Zoe Karssen, operating under name of Fashion Invest ZK B.V.

Registered address : Leidsevaartweg 1F, 2106 NA, Heemstede, The Netherlands
Telephone : +31232052199
Email : info@zoekarssen.com 
 Chamber of Commerce number: 74440330 
VAT identification number : NL859900356B01 

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by a trader and to every distancecontract that has been realized between an trader and a consumer. 
  2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will bemade available to the consumer. If this is not reasonably possible, the trader will indicate, beforethe distance contract is concluded, in what way the general terms and conditions are available forinspection at the trader’s premises and that they will be sent free of charge to the consumer, asquickly as possible, at the consumer’s request. 
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, andbefore the distance contract is concluded, the consumer will be provided with the text of thesegeneral terms and conditions electronically, in such a way that the consumer can easily store themon a durable data carrier. If this is not reasonably possible, then before concluding the distancecontract, the trader will indicate where the general terms and conditions can be inspectedelectronically and that at his request they will be sent to the consumer free of charge, eitherelectronically or in some other way. 
  4. In cases where specific product or service-related terms and conditions apply in addition to thesegeneral terms and conditions, the second and third paragraphs apply by analogy and theconsumer can always invoke the applicable condition that is most favorable to him in the event ofincompatible general terms and conditions. 

Article 4 – The offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this will beexplicitly mentioned in the offer. 
  2. The offer contains a complete and accurate description of the products, digital content and/orservices being offered. The description is sufficiently detailed to enable the consumer to make aproper assessment of the offer. If the trader makes use of illustrations, these will be a truerepresentation of the products and/or services being offered. The trader is not bound by obviouserrors or mistakes in the offer. 
  3. Every offer contains information that makes it clear to the consumer what rights and obligationsare related to the acceptance of the offer.

Article 5 – The contract

  1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled. 
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
  3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures. 
  4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions. 
  5. The trader will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:a. the office address of the trader’s business location where the consumer can lodge complaints ;b. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal ;c. information on guarantees and existing after-sales service ;d. the price, including all taxes on the product, service or digital content; the costs of delivery in so far as applicable, and the method of payment, delivery or implementing the distance contract ;e. the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite ;f. if the consumer has a right of withdrawal, the model form for right of withdrawal. 

Article 6 – Right of withdrawal

Upon delivery of products 

  1. When purchasing products, a consumer has the right to dissolve a contract, without givingreasons, during a period of at least 14 days. The trader is allowed to ask a consumer for thereason of this dissolution, but the consumer is under no obligation to state his/her reason(s). 
  2. The period stipulated in para. 1 commences on the day after the product was received by theconsumer, or a third party designated by the consumer, who is not the transporting party, or:a. if the consumer has ordered several products: the day on which the consumer, or a third partydesignated by the consumer, received the last product. The trader may refuse a single orderfor several products with different delivery dates, provided he clearly informed the consumer ofthis prior to the ordering process.b. if the delivery of a product involves different deliveries or parts: the day on which theconsumer, or a third party designated by the consumer, received the last delivery or the lastpart;c. with contracts for the regular delivery of products during a given period: the day on which theconsumer, or a third party designated by the consumer, received the last product.Upon delivery of services and digital content that is not supplied on a material medium: 

Article 7 – Consumers’ obligations during the withdrawal period

  1. During the withdrawal period, the consumer shall treat the product and its packaging with care. Heshall only unpack or use the product in as far as necessary in order to assess the nature,characteristics and efficacy of the product. The point of departure here is that the consumer mayonly handle and inspect the product in the same way that he would be allowed in a shop. 
  2. The consumer is only liable for the product’s devaluation that is a consequence of his handling theproduct other than as permitted in para. 1. 
  3. The consumer is not liable for the product’s devaluation if the trader did not provide him with allthe statutorily obligatory information about the right of withdrawal before the contract wasconcluded.

Article 8 – Consumers who exercise their right of withdrawal and the costs involved

  1. A consumer who wants to exercise his right of withdrawal shall report this to the trader, within thewithdrawal period, by means of the model form for right of withdrawal or in some otherunequivocal way. 
  2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1,the consumer shall return the product, or hand it over to (a representative of) the trader. This is notnecessary if the trader has offered to collect the product himself. The consumer will in any casehave complied with the time for returning goods if he sends the product back before thewithdrawal period has lapsed. 
  3. The consumer returns the product with all relevant accessories, if reasonably possible in theoriginal state and packaging, and in accordance with the reasonable and clear instructionsprovided by the trader. 
  4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time restupon the consumer. 
  5. The consumer bears the direct costs of returning the product. If the trader has not declared thatthe consumer shall bear these costs or if the trader indicates a willingness to bear these costshimself, then the consumer shall not be liable to bear the costs of returning goods. 
  6. If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.

Article 9 – Traders’ obligations in a case of withdrawal

  1. If the trader makes it possible for a consumer to declare his withdrawal via electronic means, thenafter receiving such a declaration, he sends immediate confirmation of receipt. 
  2. The trader reimburses the consumer immediately with all payments, including any delivery coststhe trader charged for the returned product, though at the latest within 14 days after the day onwhich the consumer reported the withdrawal. Except in cases in which the trader has offered toretrieve the product himself, he can postpone refunding until he has received the product or untilthe consumer proves he has returned the product, depending on which occurs earlier. 
  3. For any reimbursement, the trader will use the same payment method that was initially used bythe consumer, unless the consumer agrees to another method. Reimbursement is free of chargefor the consumer. 
  4. If the consumer chose an expensive method of delivery in preference to the cheapest standarddelivery, the trader does not have to refund the additional costs of the more expensive method

Article 10 – Precluding the right of withdrawal

The trader can preclude the right of withdrawal for the following products and services, but only if thetrader stated this clearly when making the offer, or at least in good time prior to conclusion of the contract: 

  1. Products manufactured according to the consumer’s specifications, which were not prefabricatedand were made based on a consumer’s specific choice or decision, or which are clearly intendedfor a specific person; 

Article 11 – The price

  1. Prices stated in offers of products or services include VAT.

Article 12 – Supply and implementation

  1. The trader will take the greatest possible care when receiving and implementing orders forproducts and when assessing applications for the provision of services. 
  2. The place of delivery is deemed to be the address that the consumer makes known to thecompany. 
  3. Taking into consideration that which is stated in article 4 of these general terms and conditions,the company will implement accepted orders with efficient expedition, though at the latest within30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if thedelivery cannot be implemented, or only partially, the consumer will be informed about this at thelatest 30 days after the order was placed. In this case, the consumer has a right to dissolve thecontract free of charge and a right to possible damages. 
  4. Following dissolution in accordance with the previous paragraph, the trader refunds the consumerimmediately the sum he had paid. 
  5. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery tothe consumer or a representative previous designated by the consumer and announced to thetrader, unless this has explicitly been agreed otherwise.

Article 13 – Payment

  1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable bythe consumer should be paid within 14 days after commencement of the withdrawal period, or inthe absence of a withdrawal period within 14 days after the conclusion of the contract. In the caseof a contract to provide a service, this 14-day period starts on the day after the consumer receivedconfirmation of the contract. 
  2. When selling products to consumers, the general terms and conditions may never stipulate anadvance payment in excess of 50%. Where advance payment is stipulated, the consumer cannotinvoke any rights whatsoever in relation to the implementation of the order or service(s) inquestion before the stipulated advance payment has been made. 
  3. The consumer is obliged to report immediately to the trader any inaccuracies in payment dataprovided or stated. 
  4. If a consumer fails to fulfil his payment obligation(s) in good time, after the trader has informed theconsumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligationto pay; if payment is not made within this 14-day period, statutory interest will be payable over thesum owed and the trader has the right to charge reasonable extrajudicial costs of collection he hasincurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10%over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The trader can makedepartures from these sums and percentages that are favorable to the consumer.

Article 14 – Complaints procedure

  1. The trader provides for a complaints procedure, that has been given sufficient publicity, and willdeal with a complaint in accordance with this complaints procedure.
  2. A consumer who has discovered shortcomings in the implementation of a contract must submitany complaints to the trader without delay, in full and with clear descriptions. 
  3. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculatedfrom the date of receipt. If it is anticipated that a complaint will require a longer processing time,then the trader will reply within 14 days, confirming receipt and indicating when the consumer canexpect a more elaborate reply. 
  4. The consumer should give the trader a time period of at least 4 weeks to solve the complaint injoint consultation. After this period of time, the complaint becomes a dispute that is subject to thedisputes settlement scheme.

Article 15 – Disputes

  1. Contracts entered into between a trader and a consumer and which are subject to these generalterms and conditions are subject only to Dutch law. 
  2. The Zoe karssen want to deliver the highest possible quality. If you do have any complaints, please let us know by phone, mail or e-mail. If you have gone through a complaints procedure, but would like to submit your complaint to another body, you can do so at the Disputes Committee of the European ODR Platform: http://ec.europa.eu/consumers/odr.

Article 16 – Additional or different stipulations

Additional stipulations or stipulations that differ from these general terms and conditions, may not bedetrimental to the consumer and should be recorded in writing, or in such a way that consumers canstore them in a readily accessible manner on a durable medium.


Appendix I: