General Terms and Conditions Webshop Cyell B.V.

 

Article 1. Definitions

For the purposes of these terms and conditions, the following definitions apply:

1.1 Supplementary Agreement: an agreement in which the consumer acquires products and/or services in connection with a distance contract, and these goods and/or services are supplied by Cyell or by a third party based on an agreement between that third party and Cyell.

1.2 Cooling-off Period: the period during which the consumer can exercise their right of withdrawal.

1.3 Consumer: a natural person who, not acting for purposes related to his trade, business, craft, or professional activity, purchases or has fashion items and/or shoes repaired by the trader.

1.4 Day: calendar day.

1.5 Digital Content: data produced and supplied in digital form.

1.6 Durable Medium: any medium - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information.

1.7 Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.

1.8 Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

1.9 Distance Contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products and/or services, whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication.

1.10 Model Withdrawal Form: the European model withdrawal form included in Annex I of these conditions.

1.11 Product(s): fashion items, shoes, and other related articles expected to be sold by the entrepreneur.

1.12 Means of Distance Communication: any means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same place.

Article 2. Identity of the Entrepreneur

Name of the entrepreneur: Cyell B.V.

Address: Einsteinweg 35E 3752LW Bunschoten-Spakenburg

Telephone number: 033 -2997465

Email address: webshop@cyell.com

We are available by phone from Monday to Friday from 09:00 to 17:00

Chamber of Commerce number: 1069969

VAT identification number: 810704808B01

Article 3. General

These Conditions apply to your use of the www.cyell.com website. Through the Platform, it is possible to make purchases in Cyell's webshop. These General Terms and Conditions apply to all purchases made through the Platform.

It is possible to create an account whereby you must register your name, address, email address, and telephone number so that Cyell can complete your potential purchase and order. When you create an account, you guarantee that the information you provide is complete, current, and correct and that you are older than sixteen (16) years. It is not permitted to create an account in someone else's name. You are also responsible for a secure password and its confidentiality.

You may not use the Platform in any way that is misleading, disruptive, or otherwise in violation of applicable law. You indemnify Cyell for all damages resulting from the unlawful use of the Platform. In such a case, Cyell may limit or block your usage options.

Cyell reserves the right to modify these Conditions at all times. The latest Conditions will always be available on the Platform. Substantial changes will be brought to attention when using the Platform. If you continue to use the Platform after modification, you thereby accept the applicability of the revised Conditions. If you do not wish to agree to the changes, you may terminate the use of the website and delete the App.

Article 4. Privacy and Cookie Policy Applicable

All actions, agreements, programs, and their execution are subject to Cyell's Privacy and Cookie Policy. Please read it carefully first.

Article 5. Rights Related to the Platform

All intellectual property rights (copyrights, trademark rights, and design rights) concerning the website and content accessible through it (text, photos, and/or other material) are exclusively owned by Cyell or its licensors.

Cyell grants you a limited, personal, revocable, non-exclusive, non-licensable, and non-transferable right to access and use the website, to the extent necessary within the framework of the website and exclusively for personal, non-commercial purposes.

It is not allowed to perform actions that could infringe upon Cyell's intellectual property rights, such as registering domain names, trademarks, or advertisements that are similar to or identical to any work on which Cyell has intellectual property rights. Nor is it allowed to download, multiply, modify, scrape, reverse engineer, or disclose the website or parts thereof for other than personal, non-commercial purposes or in any other way that could cause damage to Cyell.

Article 6. Disclaimer

Cyell does its utmost to ensure that the website functions properly, but cannot guarantee its availability and optimal use.

Cyell will provide information about its products and additional services in the webshop with the utmost care. In case of incorrect information about products or additional services, you cannot claim delivery based on this incorrect information.

Cyell is at all times entitled to take (parts of) the website (temporarily) out of use and/or to limit its use without prior notice and without thereby becoming liable for damages to you.

The website may contain hyperlinks that take you away from the website and onto third-party websites. Cyell bears no responsibility and liability for the operation and/or content of these websites. They maintain their own conditions and also their own privacy and cookie policy. Therefore, carefully consult these before making use of them.

Cyell accepts no liability for material or financial damage or any other disadvantage in connection with the use or misuse of the website, to the extent legally permitted.

Article 7. Applicability

7.1 These general terms and conditions are applicable to distance contracts for the purchase of or the making or alteration/repair of products, concluded between Cyell and the consumer.

7.2 Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur, before the distance contract is concluded, will indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

7.3 If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

Article 8. The Offer

8.1 An offer shall, unless otherwise indicated by the offer itself or agreed otherwise, have a validity period of two weeks, calculated from the date of receipt.

8.2 The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

8.3 Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 9. The Agreement

9.1 The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions stipulated therein.

9.2 If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

9.3 If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

9.4 The entrepreneur may - within legal frameworks - check whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.

9.5 The entrepreneur shall, at the latest at the time of delivery of the product or service to the consumer, provide the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

• the address of the entrepreneur's establishment where the consumer can lodge complaints;

• the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

• information about warranties and existing post-purchase service;

• the price including all taxes of the product; if applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;

• if the consumer has a right of withdrawal, the model withdrawal form.

Article 10. Right of Withdrawal

10.1 The consumer can dissolve a contract relating to the purchase of a product during a cooling-off period of 14 days without stating reasons. The entrepreneur may ask the consumer the reason for withdrawal, but he cannot require the consumer to state his reason(s).

10.2 The cooling-off period mentioned in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received 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 him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.

• if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

10.3 If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal and the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period, as determined in accordance with the previous paragraphs of this article. As soon as the entrepreneur provides the missing information and the model withdrawal form, the cooling-off period expires 14 days after the day on which he does so.

Article 11. Obligations of the Consumer during the Cooling-Off Period

11.1 During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The basic premise is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

11.2 The consumer is liable for depreciation of the product that is the result of a way of handling the product that goes beyond allowed in paragraph 1.

11.3 The consumer is not liable for depreciation of the product if the entrepreneur did not provide him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 12. Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

12.1 If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.

12.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur, unless the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any event if he returns the product before the cooling-off period has expired.

12.3 The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and according to the reasonable and clear instructions provided by the entrepreneur.

12.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

12.5 The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not need to bear the costs of return.

12.6 If the consumer makes use of his right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 13. Obligations of the Entrepreneur in Case of Withdrawal

13.1 If the entrepreneur enables the withdrawal by the consumer to be made electronically, he shall send an acknowledgment of receipt of this notification immediately.

13.2 The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with refunding until he has received the product or until the consumer shows that he has returned the product, whichever is earlier.

13.3 The entrepreneur uses the same means of payment that the consumer used for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

13.4 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.

Article 14. Exclusion of the Right of Withdrawal

14.1 The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this at the time of the offer, or at least in good time before the conclusion of the contract:

• Products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

• Contracts concluded at a public auction;

• Service contracts, after full performance of the service, but only if:

• o the performance has begun with the consumer's explicit prior consent; and
• o the consumer has stated that he will lose his right of withdrawal once the entrepreneur has fully performed the contract;

• Package travel as referred to in Article 7:500 BW and passenger transport contracts;

• Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, goods transport, car rental services, and catering;

• Contracts related to leisure activities, if a specific date or period of performance is provided for in the contract;

• Products manufactured according to the consumer's specifications, which are not prefabricated and which are made based on an individual choice or decision of the consumer, or which 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 due to health protection or hygiene reasons and whose seal has been broken after delivery;

• Products that are irrevocably mixed with other products after delivery by their nature;

• Alcoholic beverages whose price was agreed upon at the conclusion of the sales contract, but whose delivery can only take place after 30 days, and whose actual value is dependent on fluctuations in the market over which the entrepreneur has no influence;

• Sealed audio, video recordings, and computer software, whose seal was broken after delivery;

• Newspapers, periodicals, or magazines, with the exception of subscriptions to them;

• The delivery of digital content other than on a tangible medium, but only if:

• o the performance has begun with the consumer's explicit prior consent; and
• o the consumer has stated that he thereby loses his right of withdrawal.

Article 15. The Price

15.1 During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

15.2 Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

15.3 Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

• the consumer has the right to terminate the contract on the day on which the price increase takes effect.

15.4 The prices mentioned in the offer of products or services include VAT.

Article 16. Compliance and Extra Warranty

16.1 The entrepreneur ensures that the products comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

16.2 The entrepreneur does not stand in for defects as well as resulting damage that has arisen after the delivery of the products as a result of improper use or lack of carefulness, or that are the result of changes or repairs that the consumer or third parties have made to the delivered.

16.3 Any failure by the entrepreneur in the fulfillment of his obligations gives the consumer the right to dissolve the contract entirely or partially, unless the shortcoming - given its special nature or minor significance - does not justify this dissolution with its consequences. As far as fulfillment is not permanently or temporarily impossible, the right to dissolve arises only when the defaulting party is in default.

16.4 When the entrepreneur is in default, the consumer can notify him in writing to demand compensatory damages in lieu of fulfillment. This conversion is not possible if the shortcoming - given its subordinate significance - does not justify it.

16.5 Any extra warranty provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the contract if the entrepreneur has failed in the fulfillment of his part of the contract. An extra warranty means any commitment by the entrepreneur, his supplier, importer, or producer in which he grants certain rights or claims to the consumer that go beyond what he is legally obliged to in case he has failed in the fulfillment of his part of the contract.

Article 17. Delivery and Execution

17.1 The entrepreneur shall observe the greatest possible care when receiving and in the execution of product orders.

17.2 As a place of delivery, the address that the consumer makes known to the entrepreneur is considered.

17.3 With due observance of what is stated about this in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders expeditiously but not later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer receives notification of this no later than 30 days after he has placed the order. In such cases, the consumer has the right to dissolve the contract without costs and the right to possible damages.

17.4 After dissolution in accordance with the previous paragraph, the entrepreneur refunds the amount that the consumer has paid immediately.

17.5 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and entrepreneur-disclosed representative, unless expressly agreed otherwise.

17.6 The entrepreneur may retain ownership of all products delivered by him. The consumer becomes the owner of the purchased products only after he has fully paid the purchase price and any additional amounts due.

17.7 The entrepreneur can exercise the right of retention when the consumer fails to meet a claimable obligation unless the shortcoming does not justify this retention.

Article 18. Payment

18.1 Unless otherwise agreed, the amounts owed by the consumer should be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.

18.2 In a consumer purchase, the consumer may never be required to pay more than 50% in advance in general terms and conditions. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or services, before the stipulated advance payment has been made.

18.3 The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

18.4 If the consumer does not meet his payment obligation(s) on time, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still meet his payment obligations, after failing payment within this 14-day period, the legal interest is due on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the next €5,000 with a minimum of €40.

Article 19. Complaints Procedure

Unless otherwise agreed, the following complaints procedure applies:

19.1 Complaints about defects in the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.

19.2 The consumer must prove, on request, that the agreement to which the complaint relates has been concluded with the entrepreneur.

19.3 Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

Article 20. Disputes and Applicable Law

20.1 Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements relating to products and services to be delivered or delivered by this entrepreneur can only be submitted to the competent court. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 21. Supplementary or Deviating Provisions

21.1 Supplementary or deviating provisions from these general terms and conditions must be recorded in writing in such a way that they can be stored by the consumer in an accessible way on a durable data carrier.