1. Information on the seller of the products
Blissworkz B.V., trading under the name Urban Goddess,
Blissworkz BV / Urban Goddess
Bos en Lommerplantsoen 1G
1055 AA Amsterdam
Telephone number: +31 (0)20 200 8845
Registered with the Dutch Chamber of Commerce under number 57022631.
VAT identification number: NL852406435B01.
2.1. For the purpose of these general terms and conditions, the following terms shall have the meaning set forth below:
The company as described in section 1;
The natural person that orders the Products from Urban Goddess via its website www.Urban-Goddess.com;
Urban Goddess and Buyer;
Urban Goddess clothing, shoes, accessories and future products and services;
The arrangements laid down in writing between Urban Goddess and the Buyer, concerning the supply of the Products;
The moment that the Buyer, or any third parties acting on behalf of the Buyer, take the actual possession of and control over the Products;
Intellectual Property Rights
All full, worldwide intellectual property and similar related rights in the broadest sense of the term, which is deemed to include, in particular – but is not confined to – the following (or any entitlement thereto): (1) trademarks, (2) trading names, (3) copyright, (4) rights to drawings and/or design rights, (5) patents, (6) database rights, (7) know-how, and (8) domain names, including any future intellectual property rights, which is deemed to include all of the powers that the relevant national and international regulations may accord to them;
3.1. These conditions apply to any offers and Deliveries from, Agreements with and payments to Urban Goddess .
3.2. By placing an order, the Buyer explicitly agrees with these terms and conditions.
4. Ordering and Delivery
4.1. Offers made by Urban Goddess may only be accepted without deviation. Any offers of Urban Goddess , whether these are regular prices or special offers, remain valid as long as the stock lasts. The Buyer cannot derive any rights from offers made by Urban Goddess.
4.2. Urban Goddess will not be bound by apparent errors or mistakes in its offers.
4.3. The standard method for expressing prices is in Euro’s (€), British Pound (£) or US Dollars ($). The prices for the Products stated on the website of Urban Goddess, are exclusive of VAT and other government levies and exclusive of shipping and/or other transport costs. Before the order is completed, Urban Goddess will show the total price that the Buyer has to pay on its website.
4.4. After placing an order, the Buyer will receive an e-mail from Urban Goddess, stating the Products that were ordered as well as the total sum of the order, inclusive of VAT and shipping costs.
4.5. Urban Goddess has the right to refuse orders within one week of receipt, without reason given.
4.6. The Products shall be delivered at the address provided by the Buyer.
4.7. A delivery deadline stated by Urban Goddess is only an indication, unless it is expressly agreed in writing that the deadline is final.
4.8. In the event the Buyer ordered more than one Product, Urban Goddess shall be authorized to deliver the Products in parts and shall be entitled to require payment of each partial delivery.
5.1. Urban Goddess requires advanced payment of the Products. Payment must at the latest be made within 30 (thirty) days after the Delivery of the Products.
5.2. Urban Goddess has the right to Deliver the Products, or have them Delivered, subject to cash on Delivery.
5.3. The Buyer shall be in default merely because of the expiry of the payment period, without any demand, notice of default or judicial intervention being necessary.
5.4. Urban Goddess shall be owed default interest of 1% (one percent) of the invoice amount for each month that the Buyer is in default of payment, whereby a part of a month shall count as a whole month, all this without prejudice the rights of Urban Goddess to demand immediate payment of the entire outstanding amount, and without prejudice to the other rights of Urban Goddess in that situation.
5.5. The Buyer shall owe the collection costs to be incurred, whether judicial or extrajudicial, including the actual costs to be incurred on legal assistance and legal advice (including the costs of a lawyer, bailiff and any other third parties).
6. Privacy of the buyer
6.1. Urban Goddess treats all personal information that it receives from the Buyer as private and
confidential. Urban Goddess only uses the personal information for the execution of the agreement and the payment and Delivery of the Products. Urban Goddess is also allowed to use the personal information for its own promotional activities, such as the Urban Goddess newsletter.
6.2. Urban Goddess will not disclose the personal information of the Buyer to any third parties than the parties that are involved with the payment and the shipment of the Products.
7. Right of withdrawal
7.1. The Buyer has the right to repudiate the Agreement without specifying any reasons, within 14 (fourteen) calendar days, starting the day of the Delivery of the Products.
7.2. In the event the Buyer wishes to avail of the right of withdrawal, he may only unpack or use the Products to the extent necessary to judge whether or not he wishes to keep the Product. During this period, the Buyer shall treat the Products and packaging materials carefully. The Buyer shall return the Products with all delivered accessories and, as far as possible, in the original packaging.
7.3. If the Buyer wishes to make use of his right of withdrawal, he is obliged to make this known to Urban Goddess within 14 days after receiving the product. The Buyer must make this known by email. After the Buyer has made it known that he wishes to make use of his right of withdrawal, the Buyer must return the product within 14 days. The Buyer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
7.4. If the Buyer uses his right of withdrawal, Urban Goddess shall restitute the purchasing price within 14 (fourteen) days after the receipt of the notification from the buyer, provided that Urban Goddess has received the Products in original condition.
7.5. In the event the Buyer does not act in accordance with section 7.2., or in the event the price tag is removed, or the Products otherwise are not returned in the original condition, Urban Goddess shall not be obliged to restitute the purchasing price to the Buyer.
8. Defects of the Products
8.1. In the event the Products do not meet the reasonable requirements of the Products, the Buyer must notify Urban Goddess of this immediately.
8.2. In case the defect happens within 6 months after purchase, Urban Goddess has to proof that it is the fault of the Buyer. By for example proving that the Buyer did not use the item properly.
8.3. In case the defect happens after 6 months after purchasing, the Buyer has to proof that it is not his/her fault but the fault of the product
8.4. The fact that a Product shows a deficiency never gives the Buyer the right to suspend payment or to set off the payable invoice amount of any other Products that were delivered to the Buyer.
8.5. In case the product is defect, Urban Goddess has to provide the Buyer with a replacement and/or compensation.
8.6. If the Buyer does not comply with this section, any right of recovery and/or any other claim to possible compensation, shall lapse.
9. Retention of Rights
9.1. All the items supplied to the Buyer shall remain the property of Urban Goddess until all the amounts owed by the Buyer for the Products supplied or to be supplied, as well as any other amounts owed by the Buyer due to default of payment, have been paid in full.
9.2. As long as the ownership of the Products has not passed to the Buyer, the Buyer may not pledge the Products or grant a third party any rights thereto.
9.3. Without prejudice to any powers, Urban Goddess has the right, as long as any amounts due, in any case those resulting from deliveries, have not been paid, to take back/retrieve the items delivered.
10.1. In all cases, the liability of Urban Goddess due to imputable failure to perform the Agreement shall only arise if the Buyer gives Urban Goddess proper notice of default in writing, setting a reasonable period within the failure can be remedied, and Urban Goddess continues after that period to fail imputably in the fulfillment of its obligations. The notice of default must describe the failure in the most complete and detailed terms possible, so as to give Urban Goddess the opportunity to respond adequately.
10.2. Urban Goddess shall only be liable for any loss that results directly from foreseeable and avoidable deficiencies, for which it may be held culpable and which relate directly to the production and Delivery of the Products.
10.3. Any duty to pay compensation on any grounds whatsoever, shall at all times be confined to the price of the Product.
10.4. If and in so far disbursement or payment under the terms of the foregoing section, for any reason whatsoever, does not apply, any duty (legal or otherwise) on the part of Urban Goddess to pay compensation shall be confined to the relevant order value.
11.1. The risk of – inter alia – the loss or theft of or damage to the Products shall pass to the Buyer at the moment when the Buyer, or someone acting on behalf of the Buyer, comes into actual possession of them.
12. Force Majeure
12.1. If Urban Goddess fails to comply with any obligation vis-à-vis the Buyer, such a failure cannot be attributed to Urban Goddess in the case of a force majeure as referred to in article 6:75 of the Dutch Civil Code.
12.2. Force majeure shall include (but is explicitly not restricted to) fire, malfunctions, strikes organized by a recognized union and acts or omissions of the government, including the local government (such as import limitations).
12.3. All clauses of this section apply mutatis mutandis to the force majeure of the suppliers of Urban Goddess and/or any third parties that are involved in the production and the Delivery of the Products. Any non- and/or late and/or inferior performance of the parties mentioned in this clause will be regarded as a force majeure of Urban Goddess .
13. Intellectual Property Rights
13.1. All Intellectual Property Rights relating to the Products, as well as to all other documents and materials supplied by Urban Goddess, shall solely be held by Urban Goddess. The Buyer shall not acquire any rights (of use) and/or other powers.
13.2. The Buyer guarantees that he will not do anything which infringes on the Intellectual Property Rights of Urban Goddess or which invalidates these rights and/or jeopardizes the ownership of these rights.
14.1. The Buyer’s general terms and conditions, however such general terms and conditions are called and in whatsoever form, are explicitly precluded, unless explicitly agreed otherwise in writing.
14.2. Any amendments from these general terms and conditions shall only come into effect if Parties approve of such in writing.
14.3. The nullity of any clause of these terms and conditions shall not have the effect of rendering the entire terms and conditions null and void. In the event that any clause is void, Parties shall consult each other for the purpose of replacing it with a legally valid provision in such a manner that the purport of these general terms and conditions continues to apply.
15. Complaints, Questions or Remarks
15.1. In the event the Buyer has a complaint, or in the event the Buyer has any questions regarding these general terms and conditions, and/or any other remarks, the Buyer can contact Urban Goddess through the contact information stated in section 1 of these terms and conditions. The Buyer can contact Urban Goddess either by phone, e-mail or by letter.
15.2. Urban Goddess has a well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
15.3. Complaints about the execution of the agreement must be submitted fully and clearly described to Urban Goddess within 7 days, after the consumer has discovered the defects.
15.4. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable 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.
15.5. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
15.6. In case of complaints, a consumer must first turn to Urban Goddess. For complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Should a solution not be found, the consumer has the opportunity to have his complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of this is binding and both entrepreneur and consumer agree with this binding decision. The submission of a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
15.7. A complaint does not suspend the obligations of Urban Goddess, unless the entrepreneur indicates otherwise in writing.
15.8. If a complaint is found to be well-founded by Urban Goddess, Urban Goddess will replace or repair the products at its option or the delivered products free of charge.
15.9. If the Buyer has a complaint, Urban Goddess will contact the Buyer within 14 (fourteen) working days after the receipt of the complaint. In all other cases, Urban Goddess can decide – but is not obliged – to contact the Buyer.
16. Choice of Law and Forum
16.1. These terms and conditions and any Agreements relating thereto, shall be solely governed by and construed in accordance with the law of The Netherlands.
16.2. Any dispute between Parties resulting from or otherwise connected to any Agreements or these terms and conditions, shall be resolved as much as possible by consultation. Any dispute not resolved by Parties shall be brought before the competent court in Amsterdam, unless Urban Goddess opts to take legal action against Buyer before the competent court in any other state or place of business.