TERMS AND CONDITIONS
(please not that this English version is a AI translation from the dutch terms and conditions and only the dutch version is legally binding)
1. DEFINITIONS
1. "Claudia Collections BV"is a company established under Belgian law, with its registered office at Jan Frans Willemslaan 3, 2500 Lier, Belgium, registered under number 0717.627.675 and known to the VAT administration under number BE0717.627.675.
2."Customer" refers to any natural or legal person who purchases a product and/or service from Claudia Collections BV, places an order, or sends a price request to Claudia Collections BV.
3. General Terms and Conditions" refer to the current general sales and delivery conditions.
4. "Website" is the website with the URL Claudia Collections BV [https://www.claudiacollections.com/](https://www.claudiacollections.com/).
5. "Webshop" refers to the online shop of Claudia Collections BV, part of the Website where the Customer can create a user account and purchase products.
6. "User Account" refers to the account with the corresponding login and password assigned to a Customer by Claudia Collections BV.
7. "Complaint Letter" is a written complaint sent via email to office@claudiacollections.com, including the purchase invoice details, order confirmation, and delivery note from Claudia Collections BV, and a detailed description of the non-conformity or defect.
8. "Delivery Conformity" refers to the proper delivery of the correct products and/or services, without visible defects other than those previously identified by Claudia Collections BV, to the correct locations and in the correct quantities, as per the order confirmation by Claudia Collections BV.
2. APPLICABILITY AND CONDITIONS
1. These General Terms and Conditions apply to every offer or order made by Claudia Collections BV to the Customer. Placing an online order on the Website implies a formal acceptance of these Terms and Conditions.
2. These Terms and Conditions do not affect any rights granted to the Customer under national consumer protection laws.
3. If any provision or part of a provision of these General Terms and Conditions is found to be invalid, the remaining provisions remain valid. In such cases, Claudia Collections BV and the Customer will replace the invalid (part of the) provision with an equivalent one in the general spirit of these terms.
4. If additional special conditions apply alongside these General Terms and Conditions, the special conditions will take precedence.
5. Claudia Collections BV reserves the right to amend these General Terms and Conditions at any time.
3. OFFERS, RESERVATIONS, AND ORDERS
1. Claudia Collections BV reserves the right to modify or withdraw offers at any time, meaning products in the Customer's cart may be removed.
2. A contract is only formed when Claudia Collections BV confirms the Customer's order in writing or electronically, or when Claudia Collections BV begins executing the order.
3. Orders must be paid via the website, by bankstransfer, card or in cash upon collection. Claudia Collections BV reserves the right to require full prepayment.
4. PRICE AND COSTS
1. All prices include VAT (if applicable) and are expressed in euros unless stated otherwise.
2. Claudia Collections BV has the right to increase prices due to delays by the customer (e.g. absence at delivery).
3. Fluctuations in currency exchange rates, government taxes, and other cost increases allow Claudia Collections BV to adjust the agreed price accordingly.
5. CLAUDIA COLLECTIONS BV'S COMMITMENTS
1. Claudia Collections BV’s obligations are limited to the precise execution of the agreed order. If no order confirmation is provided, their responsibility is limited to the written order made by the Customer.
2. Claudia Collections BV is not responsible for compliance with local laws regarding the delivery or use of products in the Customer's country.
3. Unless otherwise specified, Claudia Collections BV is not responsible for the installation of the purchased products.
6. DELIVERY OF PRODUCTS AND SERVICES
1. Unless otherwise agreed, deliveries are made to the Customer’s billing address.
2. The Webshop is only set up for deliveries within Europe. For deliveries outside Europe, please contact office@claudiacollections.com.
3. Unless otherwise agreed, deliveries follow the Incoterm© “Delivery At Place (DAP)”.
7. INFORMATION
1. The Customer is deemed aware of all the features of the products and/or services ordered.
2. The Customer is solely responsible for determining whether the purchased products and/or services meet the intended use and comply with all applicable requirements.
3. Information provided by Claudia Collections BV serves informational purposes only and does not relieve the Customer from their obligations.
8. ACCEPTANCE, RIGHT OF WITHDRAWAL, DELIVERY, AND COMPLAINTS
1. Upon receiving the products, the Customer must immediately inspect them for conformity.
2. In the case of B2C sales through the Webshop, the Customer has the right to withdraw from the contract within fourteen (14) calendar days of receiving the products.
3. Once products are used, modified, repackaged, or resold, this constitutes acceptance of the goods.
9. RELIABILITY
1. The Customer acknowledges that the purchased goods are second-hand and may not be perfect. Therefore, Claudia Collections BV’s liability is limited as per Belgian law.
10. INDEMNITY
1. The Customer indemnifies Claudia Collections BV against all claims and proceedings arising from any act or omission by the Customer in breach of the terms or legal obligations.
11. CUSTOMER'S OBLIGATIONS
1. The Customer is fully responsible for providing all necessary information and ensuring compliance with local laws regarding the delivery and/or use of the products.
12. FORCE MAJEURE AND HARDSHIP
1. Claudia Collections BV is not liable for any failure to fulfill obligations due to force majeure or hardship.
13. INVOICING AND PAYMENT
1. The Customer must notify Claudia Collections BV of any complaints regarding invoices within eight (8) calendar days of receipt.
2. All invoices are payable in cash within eight (8) calendar days from the invoice date.
14. CANCELLATION
1. Claudia Collections BV reserves the right to cancel an order if certain products are unavailable or cannot be delivered, without liability for damages.
15. WAIVER OF RIGHTS
1. Failure by Claudia Collections BV to enforce any right does not constitute a waiver of such rights.
16. PERSONAL DATA AND IMAGES
1. The Customer gives Claudia Collections BV permission to use images of delivered products for marketing purposes.
17. GOODS ON CONSIGNMENT
1. If we hold goods on consignment for sale to third parties, any such sale to third parties will take place in our own name, unless we notify you in advance otherwise. The owner explicitly grants us permission to proceed with such a sale and delivery to third parties.
2. Until the moment of sale and delivery to the third party, you remain the owner of the goods. We (Claudia Collections BV) therefore do not become the owner of the goods at any time. We also accept no liability regarding the goods on consignment. The owner is obligated to insure the consigned goods until ownership is transferred to the third party.
3. After we have sold the consigned goods, we will pay the owner the previously agreed price. The difference between this agreed price and the actual selling price fully belongs to us. The parties are free to make other arrangements regarding this matter.
4. During the consignment period, we will handle the goods with due care, as mentioned in point 2. We will also make necessary efforts to sell the consigned goods within the agreed period. This is an obligation of effort, not of result. During the agreed period, we alone are entitled to sell the consigned goods, granting exclusivity. During the consignment period, the owner can only retrieve the goods after consultation with and permission from us. If we are unable to sell the goods at the agreed price during the consignment period, the owner must retrieve the goods at their own expense and risk after consultation with us. In the event that we are unable to sell the goods at the agreed price during the consignment period, we are in no way liable for any (consequential) damages, except in cases of intent or gross negligence.
5. When concluding the consignment agreement, both parties (Claudia Collections BV and the owner) will agree on the method of payment for the sale and commission.
6. The consignment will not in any way create an employment relationship or any form of agency between the two parties.
7. Our sales conditions apply to every agreement, and you must take note of them.
18. DISPUTES
1. All disputes between Claudia Collections BV and the Customer fall under the exclusive jurisdiction of the competent courts of Antwerp, Antwerp section.