Terms and conditions
Seller: Eden Schwartz BV
Registered office: Elandsgracht 19, 1016 TM Amsterdam, Netherlands
Registered in the trade register of the Chamber of Commerce under number: 34156906
VAT number: NL8098.98.299.B01
Place of business: World Fashion Centre
Koningin Wilhelminaplein 1
1062 HG Amsterdam
E-mail address: firstname.lastname@example.org
Telephone number: +31-6-21513107
Business hours: Monday-Friday 9:00-20:00 | Saturday 10:00-14:00
Buyer: any individual of legal age who does not act on behalf of an employer or company and with whom the Seller reaches an Agreement.
Order: a purchase made by the Buyer according to the procedure as described in Paragraph 2.1 for the delivery of one or more Products.
Product: an Eden Schwartz Product offered for sale by the Seller on the Website.
Purchase price: the price of a Product as stated on the Website, including VAT and delivery costs.
Agreement: the Order that has been accepted as such by the Buyer.
Paragraph 3 - Applicability
1.1 These general terms and conditions, provided online by the Seller on www.edenschwartz.com are applicable to Orders, agreements and other legal relationships between the Buyer and the Seller regarding the use of the Website, including the purchase/sale of a Product on or through the Website.
Paragraph 4 – The stock
1. The stock contains a complete and accurate description of the offered Products and/or Services. The description is sufficiently extensive and accurate in order for the Buyer to be able to make a good assessment of the stock. Any mistakes or errors in the descriptions have no obligatory effect on Eden Schwartz BV;
2. The information for all stock is such, that it is clear to the Buyer what the rights and duties are that are connected to the acceptance of the Offer, in particular regarding:
a) the price including VAT or other taxes;
b) delivery costs;
c) the method by which the Agreement will be reached and the actions needed for this;
d) the method of payment and delivery;
e) the time frame for acceptance of the Offer and for registering a complaint as well as the address where the Buyer can register his/her complaint.
Paragraph 5 – The Agreement
1. The Buyer can place an Order with Eden Schwartz BV by filling out in full the appropriate order form on www.edenschwartz.com .
2. Eden Schwartz BV will send the Buyer an e-mail at the e-mail address provided in the order form confirming the placement of the Order. Any Order will subsequently only be attended to by Eden Schwartz BV, if the Buyer has filled out in full al the required information on the order form.
3. The Agreement is effected after Eden Schwartz BV has accepted the Buyer’s Order (by way of the confirmation e-mail stated in subsection 3), the Buyer has paid for the Order and Eden Schwartz BV had shipped the Order.
4. In case of force majeure Eden Schwartz BV has the right to postpone completion of the Order, or to terminate the Agreement without judicial intervention, by informing the Buyer in writing. Furthermore Eden Schwartz BV is not held by any claims for damages, unless the circumstances are such that in all fairness this would be termed unacceptable. Force majeure is to be understood as any shortcoming that can not be attributed to Eden Schwartz BV, as Eden Schwartz can not be found culpable and therefore Eden Schwartz BV can not be held accountable under the law, under any legal transaction or by any of society’s views.
Paragraph 6 – Right of withdrawal upon delivery of Products
1. Upon delivery the Buyer is obliged to assess whether the Product is as agreed.
2. If that is not the case, the Buyer has the possibility to terminate the Agreement within seven (7) Days without any need to state his/her reasons. This period starts from the day after the date on which the Product is received by, or on behalf of, the Buyer.
3. During this period the Buyer will treat the Product and the packaging with care. The Buyer will only unpack or use the Product to the extent needed to be able to assess whether he/she wishes to keep the Product. Should the Buyer use his/her right of withdrawal, the Buyer will return the Product including all its attachments in its original state and packaging to Eden Schwartz BV, in accordance with the fair and clear instructions provided by Eden Schwartz BV.
Paragraph 7 – Costs in case of withdrawal
1. If the Buyer invokes his/her right of withdrawal, all costs of returning the Product are for the Buyer.
2. If the Buyer has made a payment, Eden Schwartz BV will refund the payment as soon as possible, but ultimately within 14 days after receipt of the returned Product or the withdrawal.
Paragraph 8 – Exceptions to the right of withdrawal
1. The Buyer has no right of withdrawal if Eden Schwartz BV has clearly stated in its Offer that this right is excluded, or if Eden Schwartz BV has informed the Buyer prior to completing the Agreement.
2. Exception of the right of withdrawal is only possible for Products:
a) that have been produced by Eden Schwartz BV according to the specifications of the Buyer;
b) that are clearly of a personal nature; or
c) that can not be returned due to their nature.
Paragraph 9 – The price
1. If the price for the offered Product rises in the interim between placement of the Order and the delivery thereof, the Buyer has the right to cancel the Order or to terminate the Agreement within ten (10) days after Eden Schwartz BV has informed the Buyer of the higher price.
2. The prices stated in the stock list of Products and/or Services are in Euros, and include VAT.
Paragraph 10 – Conformity and Guarantee
Eden Schwartz BV guarantees that its Products are in accordance with the Agreement and the specifications stated in the Offer.
Paragraph 11 – Delivery and Execution
1. Eden Schwartz BV will use due care and diligence with the acceptance and execution of Product Orders.
2. The delivery address will be the address provided in writing to Eden Schwartz BV by the Buyer. If the Buyer gives Eden Schwartz BV an address in writing, Eden Schwartz BV has the right to ship all Orders to said address, unless the Buyer informs Eden Schwartz BV in writing that Orders are to be sent to a different address.
3. Eden Schwartz BV will ship accepted Orders with due speed but ultimately within 14 days, unless a longer period of delivery has been agreed. Should the delivery be delayed or if an Order can not be delivered, or only in part, the Buyer will be informed of this ultimately within 14 Days after placement of the Order.
4. The delivery dates stated by Eden Schwartz BV are only an indication. Exceeding the delivery date does not give the Buyer the right to claim damages or to cancel the Order or to terminate the Agreement, unless the length of time with which the delivery date is exceeded is such that the Buyer can no longer be expected to maintain the Agreement. In that case the Buyer has the right to cancel the Order or to terminate the Agreement if necessary.
5. Should the Agreement be terminated in accordance with the previous subsection, Eden Schwartz BV will refund the payment made by the Buyer’ as soon as possible but ultimately within 14 Days after termination of the Agreement.
6. Ownership of any delivered Product does not transfer, unless the Buyer has fulfilled all his/her obligations concerning any Agreement with Eden Schwartz BV.
7. Until the Product is delivered to the Buyer the risk of damage to of loss of the Product rests with Eden Schwartz BV.
Paragraph 12 - Payment
1. In as far as such has not been agreed upon later, all payments made by the Buyer are due to Eden Schwartz BV before the stated ultimate date of payment, in accordance with the method of payment as indicated on the Website.
2. The Buyer is obliged to inform Eden Schwartz immediately of irregularities in the payment details as provided or stated.
3. Should the Buyer fail to make any of his/her payments, Eden Schwartz BV has the right to postpone (the execution of) or terminate the Agreement in question and any associated agreements.
4. If the price of the offered Product rises in the interim of the placement of the Order and the execution thereof, the Buyer has the right to cancel the Order or to terminate the Agreement within 10 Days after having been informed of the price increase by Eden Schwartz BV
Paragraph 13 - Complaints
1. Eden Schwartz BV has a well documented complaints procedure, information on which can be found on the Website. Eden Schwartz BV deals with every complaint according to the complaints procedure.
2. Upon delivery the Buyer will assess whether the Product meets the Agreement with regards to volume and state.
3. The Buyer looses the right to appeal to the fact that the Product does not meet the terms of the Agreement if the Buyer does not inform Eden Schwartz BV of such within 14 Days after receiving the Product.
4. Complaints registered with Eden Schwartz BV are dealt with within 14 Days from the day on which they are received. If a complaint requires an unforeseen longer period to deal with the issue, Eden Schwartz will acknowledge the receipt of the complaint within 14 Days and will indicate when the Buyer may expect a more comprehensive reply.
Paragraph 14 – Security and Privacy
1. If the Buyer buys Products from Eden Schwartz BV, Eden Schwartz BV is allowed to inform the Buyer by mail, telephone or e-mail of other comparable Products and/or Services it offers. If the Buyer does not wish to receive e-mails from Eden Schwartz BV, an e-mail can be sent to email@example.com or he/she can use the possibility to unsubscribe included in every newsletter.
2. Should one or more of the stipulations in these general terms and conditions or any other Agreement with Eden Schwartz BV be in violation of any applicable legal regulation, then that stipulation will become defunct and Eden Schwartz BV will replace it with a new legally admissible and comparable stipulation.
3. Should any stipulation in these general terms and conditions be deemed invalid, then:
All the other stipulations in these general terms and conditions will remain in effect; and
The ineffective stipulation should be interpreted as or converted into an effective stipulation with the same tenor if at all possible.
4. Eden Schwartz BV is licensed to involve a third party in order to execute your Order(s).
Article 16 – Applicable law and competent court
1. All rights, obligations, offers, Orders and Agreements to which these General Terms and Conditions are applicable, including these General Terms and Conditions, are exclusively subject to Dutch law.
2. All disputes between parties can exclusively be presented to the competent court in Amsterdam.