Definitions

1. Birgitte Isabella; Birgitte Isabella established in Valkenswaard.
2. Customer: the person with whom Birgitte Isabella has entered into an agreement.
3. Parties: Birgitte Isabella and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Birgitte Isabella.
2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Identity
Birgitte Isabella
connect@birgitteisabella.com
Chamber of commerce number: 83967125
VAT-number: NL003898083B92

Prices

1. All prices charged by Birgitte Isabella are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
2. Birgitte Isabella can change all prices charged by Birgitte Isabella for its products or services, on its website or otherwise.
3. Increases in the cost prices of products or parts thereof, which Birgitte Isabella could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
   
   

Samples and models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

Consequences of not paying on time

1. If the customer does not pay within the agreed term, Birgitte Isabella is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted as a whole month.
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Birgitte Isabella.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Birgitte Isabella may suspend its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Birgitte Isabella’s claims against the customer are immediately due and payable.
6. If the customer refuses to cooperate in the execution of the agreement by Birgitte Isabella, he is still obliged to pay the agreed price to Birgitte Isabella.
   
   

Right of advertising

1. As soon as the customer is in default, Birgitte Isabella is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. Birgitte Isabella invokes the right to complain by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Birgitte Isabella, unless the parties agree otherwise.
4. The costs for the collection or return of the products will be borne by the customer.
   
   

Right of withdrawal

1. A consumer can cancel an online purchase during the first period of 14 days without giving any reason, provided that:

• the customer is living in the EU
• the product has not been used
• it is not a product that can spoil quickly, such as food or flowers
• it is not a product that has been tailor-made or modified especially for the consumer
• it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
• the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
• the product is not a journey, ticket, catering assignment or form of leisure activity
• the product is not a loose magazine or newspaper
• it is not an (order for) emergency repair
• the consumer has not waived his right of withdrawal

2. The reflection period of 14 days as referred to in paragraph 1 starts:

• on the day after the consumer has received the last product or part of 1 order
• as soon as the consumer has received the first product with a subscription
• as soon as the consumer has purchased a service for the first time
• as soon as the consumer has confirmed that he will purchase digital content via the internet

3. The consumer can make his appeal to the right of withdrawal known via connect@birgitteisabella.com, if desired using the withdrawal form that can be downloaded from the Birgitte Isabella website, www.birgitteisabella.com.
4. The consumer is obliged to return the product to Birgitte Isabella within 14 days after the notification of his right of withdrawal, failing which his right of withdrawal will lapse.
   
   

Reimbursement of delivery costs
If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to Birgitte Isabella in time, Birgitte Isabella will refund any shipping costs paid by the consumer within 14 days of receipt of the timely and fully returned order to the refund consumer.

The costs for delivery will only be borne by Birgitte Isabella insofar as the complete order is returned.

Reimbursement return costs
If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the complete order will be borne by the consumer.

Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention

1. Birgitte Isabella can invoke its right of retention and, in that case, retain the customer’s products until the customer has settled all outstanding invoices with regard to Birgitte Isabella, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies under previous agreements from which the customer still owes Birgitte Isabella payments.
3. Birgitte Isabella is never liable for any damage that the customer may suffer as a result of using his right of retention.
   
   

Settlement
Unless the customer is a consumer, the customer waives his right to set off a debt owed to Birgitte Isabella against a claim against Birgitte Isabella.

Retention of title

1. Birgitte Isabella remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Birgitte Isabella on the basis of any agreement concluded with Birgitte Isabella, including claims for failure to perform.
2. Until that time, Birgitte Isabella can invoke its retention of title and take back the goods.
3. Before the ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If Birgitte Isabella invokes its retention of title, the agreement will be deemed dissolved and Birgitte Isabella will be entitled to claim compensation, lost profit and interest.

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Birgitte Isabella, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or are not paid on time, Birgitte Isabella has the right to suspend its obligations until the agreed part has been paid.
5. In the event of late payment, there is a default of creditors, with the result that the customer cannot object to Birgitte Isabella for a late delivery.
6. Deliveries will be send via PostNL.
   
   

Delivery time

1. The delivery times specified by Birgitte Isabella are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Birgitte Isabella.
3. Exceeding the specified delivery time does not entitle the customer to compensation, nor the right to dissolve the agreement, unless Birgitte Isabella cannot deliver within 14 days after being required to do so in writing or the parties have agreed otherwise.
4. Delivery time is estimated between 1 – 5 workdays within the Netherlands. 4 – 10 workdays within Europe, and 7 – 21 days to all other countries.

Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transportation costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packing and Shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Birgitte Isabella cannot be held liable. for any damage.
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Birgitte Isabella prior to transport, failing which Birgitte Isabella cannot be held liable for any damage.

Storage

1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
   
   

Guarantee

1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.
   
   

Exchange

1. Exchanging purchased items is only possible if the following conditions are met:

• exchange takes place within 14 days after purchase on presentation of the original invoice
• the product is returned in its original packaging or with the original (price) tags still attached
• the product has not yet been used

2. Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially adapted for the customer and Personal hygiene products cannot be exchanged.
   
   

Disclaimer
The customer indemnifies Birgitte Isabella against all claims from third parties related to the products and/or services supplied by Birgitte Isabella.

Complaints

1. The customer must examine a product or service provided by Birgitte Isabella as soon as possible for any shortcomings.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Birgitte Isabella of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. .
3. Consumers must inform Birgitte Isabella of this within 2 months after discovery of the shortcomings.
4. The customer provides as detailed a description as possible of the shortcoming, so that Birgitte Isabella is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Birgitte Isabella being obliged to perform other work than has been agreed.
   
   

Notice of default
The customer must notify Birgitte Isabella of any notice of default in writing.

It is the customer’s responsibility that a notice of default actually reaches Birgitte Isabella (on time).

Joint and several liability customer
If Birgitte Isabella enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to Birgitte Isabella under that agreement.

Liability Birgitte Isabella

1. Birgitte Isabella is only liable for any damage suffered by the customer if and insofar as this damage is caused by intent or willful recklessness.
2. If Birgitte Isabella is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
3. Birgitte Isabella is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
4. If Birgitte Isabella is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.

All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any commitment.

Expiration period
Any right of the customer to compensation from Birgitte Isabella expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

1. The customer has the right to dissolve the agreement if Birgitte Isabella imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2. If the fulfillment of the obligations by Birgitte Isabella is not permanently or temporarily impossible, dissolution can only take place after Birgitte Isabella is in default.
3. Birgitte Isabella has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Birgitte Isabella has become aware of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.

Force of the majority

1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure on the part of Birgitte Isabella in the fulfillment of any obligation with regard to the customer cannot be attributed to Birgitte Isabella in a situation independent of Birgitte Isabella’s will, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of Birgitte Isabella.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation arises as a result of which Birgitte Isabella cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Birgitte Isabella can fulfill them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Birgitte Isabella does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
   
   

Amendment of the agreement
If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Change of terms and conditions

1. Birgitte Isabella is entitled to amend or supplement these general terms and conditions.
2. Minor changes can be made at any time.
3. Birgitte Isabella will discuss major substantive changes with the customer in advance as much as possible.

Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Birgitte Isabella.
2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
   
   

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or voidable will in that case be replaced by a provision that comes closest to what Birgitte Isabella had in mind when drafting the conditions on that point.
   
   

Applicable law and competent court

1. Only Dutch law applies to every agreement between the parties.
2. The Dutch court in the district where Birgitte Isabella has its registered office / practices / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.