Article 1 – Identity of the entrepreneur

Moi Estelle

Europasingel 40

2661BW Bergschenhoek

E-mail: [email protected]

VAT-number: NL212676490B01

CoC -number: 59062533

Article 2 – Applicability

  1. These Terms & Conditions are applicable to all offers proposed by Moi Estelle via www.moi-estelle.nl and/or www.moi-estelle.com and to all distance contracts closed between Moi Estelle and the customer.
  2. Before any distance contract is closed the customer is referred to the Terms & Conditions. The Terms & Conditions are at all times accessible via the link on our homepage www.moi-estelle.nl and www.moi-estelle.com
  3. The Terms & Conditions may at all times be adjusted by Moi Estelle however never retroactively.
  4. Any exceptions to the Terms & Conditions are only accepted if a written agreement is drafted in advance. Such exceptions are not connected to rights derived from legal relationships, which have emerged after the drafting process.

Article 3 – The offer

  1. The offer includes a complete and accurate description of the offered products and/or services.
  2. Apparent errors or mistakes made on behalf of the customer, particularly in regards to offered prices, do not bind Moi Estelle.
  3. Provided an offer is subjected to certain conditions, this is clearly stated in the offer.
  4. All offers include information, which clearly inform the customer of the rights and conditions attached to the acceptance of an offer. In particular this concerns:
  • the price including tax
  • the shipping costs
  • if applicable, a clear report justifying the refusal of the right to cancel
  • the manner of payment, delivery and implementation of the agreement.

Article 4 – The agreement

  1. The agreement/contract is validated as soon as an order is placed and the customer has met the direct terms of payment.
  2. If the customer accepts an offer by electronic means, Moi Estelle will confirm the receipt of the accepted offer by electronic means.
  3. Moi Estelle may refuse to execute an order at any time, without submitting an explanation.
  4. Moi Estelle will include in the confirmation, as mentioned in article 4.2, the following information:
  • the price including tax
  • the shipping costs
  • if applicable, a clear report justifying the refusal of the right to cancel
  • the manner of payment, delivery and implementation of the agreement.

Article 5 – Payment

  1. Payment must occur during confirmation of the purchase by electronic means.
  2. The customer is required to report to Moi Estelle any errors in previously provided payment information. Moi Estelle is not required to deliver orders based on incorrect information provided by the customer.
  3. Moi Estelle remains owner of the delivered product until the payment is fully completed.
  4. If the customer remains uncooperative and does not meet payment obligations/conditions, Moi Estelle has the right to advance the amount due. In addition Moi Estelle has the right to claim legal rent over the amount due, as well as over all reasonable costs and collection costs Moi Estelle is required to make in order to obtain its advancement claim.

Article 6 – Delivery and Implementation

  1. Moi Estelle will take the greatest possible care in regards to the execution of orders and the evaluation of requests, as well as the provision of services.
  2. Moi Estelle will only initiate order shipment after having received the correct payment.
  3. The delivery location will be derived from the information supplied to Moi Estelle by the customer.
  4. Moi Estelle will execute valid orders with due speed, or at least within 14 days, unless a longer delivery period has been agreed upon.
  5. In case of delayed delivery or further delivery complications, the customer will receive word within 5 workdays after placing the order.
  6. In case of termination on behalf of the customer, in accordance with the preceding paragraph, Moi Estelle will reimburse the customer as soon as possible or within 14 days of contract termination.
  7. Moi Estelle is liable for any damage and/or loss of products until the moment of delivery to the customer or to an alternative representative indicated to Moi Estelle in advance, unless agreed upon otherwise.
  8. In case delivery fails due to complications on behalf of the customer, for example if the customer refuses the delivery or is unable to accept it, the customer will be held accountable for the costs of possible storage or repeated shipping.

Article 7 – Returns (right to cancel) or Exchange

  1. The customer can terminate the agreement, without submitting an explanation, within 7 workdays of the original purchase. The time period for termination commences the day after the customer, or an alternative representative indicated to Moi Estelle in advance, has received the order.
  2. Following the possible termination during the first 7 days after the original purchase, the customer is required to return the article to Moi Estelle within 7 days.
  3. During the 7-days of consideration, the customer must handle the article and its packaging with care. The customer shall unpack or use the article merely to such an extent that he/she is able to judge if he/she wishes to keep it. If the customer calls upon the right to cancel, he/she will return the article to Moi Estelle, including all delivered accessories, in accordance with the preceding instructions provided by Moi Estelle The article must under no circumstances have been worn, and the seal tags and other tags attached to the article may not have been removed.
  4. Moi Estelle is not obligated to accept returned items, which have been used or damaged. Moi Estelle may assume the article has been used, if the seal tag originally attached to the article has been removed.
  5. In case the customer calls upon the right to cancel, he/she will be held accountable for the costs of delivery return.
  6. The risk of damage to and/or loss of items lies with the customer up until the moment of delivery return to Moi Estelle.
  7. Moi Estelle will reimburse the customer for any costs regarding delivery return services as soon as possible, or within 30 days after return or withdrawal.
  8. This paragraph also applies to our return policy.

Article 8 – Refusal of the right to cancel

  1. Moi Estelle may refuse the customer’s right to cancel in as far as has been explicated in article 2. The refusal of the right to cancel only applies if the offer provided by Moi Estelle has clearly indicated so in advance, at least before any contract has been closed.
  2. Refusal of the right to cancel may occur if Moi Estelle deems certain items unfit for return due to a lack of hygienic conditions. This includes in particular; jewelry and swimwear.

Article 9 - Warranties

  1. Moi Estelle guarantees the delivered items will meet the requirements/specifications indicated on the website.
  2. The customer is required to examine the item directly after the time of delivery, or as soon as possible. The customer is required to verify, if the quality and quantity of the delivered item(s) meet(s) the requirements that apply to standard trade agreements.
  3. In case the delivered item(s) do(es) not meet the requirements/specifications indicated on the website and such (an) item(s) have/has been returned to and received by Moi Estelle within 30 days, Moi Estelle will reimburse the customer for the original payment.
  4. The customer may also request Moi Estelle to replace or restore the delivered item(s). In reference to the warranty term stated in article 10, Moi Estelle is legally required to assume any costs regarding repairs or replacement, including administration- and delivery costs.
  5. The warranty term mentioned in this article does not apply to items that incur damage as a result of the customer’s behavior or misuse of the item, including when the customer or a third party has sought to make adjustments/amendments to the item without the written consent from Moi Estelle.

Article 10 – Complaint procedure

  1. Complaints regarding the execution of the agreement must be filed within a timely fashion and must include a complete and clear description of defects, directly after the customer has noted any. Complaints can be filed via our customer service, by e-mail or by telephone.
  2. Moi Estelle will answer filed complaints within a period of 14 days from the moment of received delivery. In case a complaint is expected to require a time to process, Moi Estelle will confirm that the complaint has been received and will provide an indication of when the customer may expect a more detailed reply, within a period of 14 days.
  3. In case the complaint cannot be solved by means of mutual agreement, the dispute may be subjected to methods of dispute resolution.

Article 11 - Personal information

  1. The customer is required to ensure that his/her information, including but not limited to e-mail address, postal address and bank account number, is accurate and up to date. As such, the customer guarantees that he/she is legally authorized to make use of the website.
  2. Moi Estelle guarantees that customer information will be handled with the utmost care. In addition, Moi Estelle ensures the customer that the information will not be forwarded, sold or made available (under any circumstances) to third parties, without prior customer consent.
  3. Moi Estelle will process and record customer information in a database to ensure successful implementation of the obligations arising from the contract closed with the customer. Furthermore, the e-email address of the customer may be used to inform the customer of certain products or services, which he/she may be interested in, unless the costumer has not granted Moi Estelle permission.

Article 12 - Liability

  1. Moi Estelle is only liable for losses suffered by the customer as a result of Moi Estelle breaching the terms, according to article 10 (warranties), i.e. if delivered items are defective.
  2. In any event, Moi Estelle is not responsible for any indirect losses resulting from:
  • Delayed or unsuccessful (incomplete) delivery of products by Moi Estelle Inability to use our website.
  • Outdated or inaccurate information on our website.
  • Unjustified use of website systems by a third party.

Article 13 – Events outside our control (Force Majeur Event)

  1. Moi Estelle will not be responsible or liable for failure to perform its obligations to the customer, as stated in the contract, in the case that the cause of events is outside our reasonable control.
  2. In reference to Article 12, Moi Estelle is not liable for damage claims.

Article 14 – Intellectual property rights

  1. Moi Estelle is the owner of all intellectual property rights on the Website, and material published on it (including text, images, design, database, photographs, formats, software, brands and other materials). All such rights are reserved.
  2. It is prohibited to make available to third parties, any materials on the website or to use such material for commercial purposes, without permission from the licensor.

You may print off one hardcopy and/or download and view extracts form our website for personal (non-commercial) use.  

Article 15 – Disputes

  1. All disputes relating in any way to these terms and conditions or to any transactions between Moi Estelle and the customer, will be submitted exclusively to the jurisdiction of The Netherlands. All disputes will be submitted to the appointed judge in Amsterdam. 
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