Terms and conditions
In these terms and conditions the following shall apply:
Cooling-off period: The period within which the consumer can make use of his right of withdrawal.
Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance agreement with Kavero Fashion.
Day: Calendar day.
Duration transaction: A distance agreement relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time.
Durable data carrier: Any means that enables the consumer or Kavero Fashion to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to refrain from the distance agreement within the cooling-off period.
Entrepreneur: Kavero Fashion, the natural or legal person who offers products and/or services remotely to consumers.
Distance agreement: An agreement whereby, within the framework of a system organized by Kavero Fashion for distance selling of products and/or services, up to and including the conclusion of the agreement exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: Means that can be used for concluding an agreement, without the consumer and Kavero Fashion being simultaneously in the same space.
General Terms and Conditions: The present General Terms and Conditions of Kavero Fashion.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without giving reasons. During the cooling-off period the consumer shall handle the product and the packaging with care.
If the consumer makes use of his right of withdrawal, he shall return the product with all delivered accessories and, if possible, in the original condition, in accordance with reasonable instructions of Kavero Fashion.
Article 3 – Applicability
These general terms and conditions apply to every offer of Kavero Fashion and to every distance agreement concluded and orders between Kavero Fashion and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be inspected at Kavero Fashion and they will be sent free of charge as soon as possible at the request of the consumer.
If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can easily be stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraph shall apply accordingly and the consumer can, in the event of conflicting general terms and conditions, always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or are annulled, the agreement and these terms and conditions shall remain in force for the remainder and the relevant provision shall be replaced without delay by mutual agreement by a provision that approximates the purport of the original as much as possible.
Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms must be explained ‘in the spirit’ of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer. The offer is without obligation. Kavero Fashion is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.
If Kavero Fashion uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Kavero Fashion.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images with products are a truthful representation of the products offered. Kavero Fashion cannot guarantee that the displayed colors exactly match the real colors of the products.
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. This concerns in particular:
The possible costs of shipping.
The manner in which the agreement will be concluded and which actions are required for this.
Whether or not the right of withdrawal applies.
The method of payment, delivery and execution of the agreement.
The period for acceptance of the offer, or the period within which Kavero Fashion guarantees the price.
The amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used.
Whether the agreement will be archived after conclusion, and if so, how this can be consulted by the consumer.
The way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement.
The possible other languages in which, in addition to Dutch, the agreement can be concluded.
The codes of conduct to which Kavero Fashion has subjected itself and the way in which the consumer can consult these codes of conduct electronically.
The minimum duration of the distance agreement in the case of a duration transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, Kavero Fashion shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Kavero Fashion, the consumer can dissolve the agreement.
If the agreement is concluded electronically, Kavero Fashion shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, Kavero Fashion shall observe appropriate security measures.
Kavero Fashion may, within legal frameworks, inform itself whether the consumer can meet his payment obligations, as well as of all facts and factors that are important for a responsible entering into of the distance agreement. If Kavero Fashion, on the basis of this investigation, has good grounds not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
Kavero Fashion shall send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
The visiting address of the establishment of Kavero Fashion where the consumer can go with complaints.
The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
The information about guarantees and existing service after purchase.
The data included in article 4 paragraph 3 of these conditions, unless Kavero Fashion has already provided this data to the consumer before the execution of the agreement.
The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for 30 days.
This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to Kavero Fashion.
During the cooling-off period the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
If he makes use of his right of withdrawal, he shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to Kavero Fashion, in accordance with the reasonable and clear instructions provided by Kavero Fashion.
When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to Kavero Fashion within 30 days after receipt of the product. The consumer must make this known by means of a written message or e-mail.
After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
If the customer has not made known after expiry of the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal and/or has not returned the product to Kavero Fashion, the purchase is a fact.
Article 7 – Costs in Case of Withdrawal
If the consumer makes use of his right of withdrawal, the costs for returning the products are for the account of the consumer.
If the consumer has paid an amount, Kavero Fashion shall repay this amount as soon as possible, but no later than within 30 days after withdrawal. This is subject to the condition that the product has already been received back by Kavero Fashion or that conclusive proof of complete return shipment can be provided.
Article 8 – Exclusion of Right of Withdrawal
Kavero Fashion can exclude the right of withdrawal of the consumer for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Kavero Fashion has clearly stated this in the offer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
That have been created by Kavero Fashion in accordance with specifications of the consumer.
That are clearly personal in nature.
That cannot be returned by their nature.
That can spoil or age quickly.
Whose price is bound to fluctuations in the financial market on which Kavero Fashion has no influence.
For loose newspapers and magazines.
For audio and video recordings and computer software of which the consumer has broken the seal.
For hygienic products of which the consumer has broken the seal.
Article 9 – The Price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
In deviation from the previous paragraph, Kavero Fashion may offer products or services whose prices are bound to fluctuations in the financial market and on which Kavero Fashion has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated with the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if Kavero Fashion has stipulated this and:
They are the result of statutory regulations or provisions.
The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, Kavero Fashion is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and Guarantee
Kavero Fashion guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Kavero Fashion also guarantees that the product is suitable for other than normal use.
A guarantee provided by Kavero Fashion, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against Kavero Fashion on the basis of the agreement.
Any defects or incorrectly delivered products must be reported in writing to Kavero Fashion within 30 days after delivery. Return shipment of the products must take place in the original packaging and in new condition.
The guarantee period of Kavero Fashion corresponds to the manufacturer’s guarantee period. However, Kavero Fashion is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties.
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of Kavero Fashion and/or treated on the packaging.
The defectiveness is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
Article 11 – Delivery and Execution
Kavero Fashion shall observe the greatest possible care when receiving and executing orders of products.
With due observance of what is stated about this in article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery experiences delay, or if an order cannot or can only be partially executed, the consumer shall receive notification of this at the latest 30 days after he has placed the order. In that case the consumer has the right to dissolve the agreement without costs and the right to possible compensation.
In the event of dissolution in accordance with the previous paragraph, Kavero Fashion shall repay the amount that the consumer has paid as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product proves to be impossible, Kavero Fashion shall make an effort to make a replacement article available. At the latest upon delivery it shall be stated in a clear and understandable manner that a replacement article is being delivered.
With replacement articles the right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of Kavero Fashion.
The risk of damage and/or loss of products rests with Kavero Fashion until the moment of delivery to the consumer or a representative previously designated and made known to Kavero Fashion, unless expressly agreed otherwise.
Article 12 – Duration Transactions: Duration, Cancellation and Extension
Cancellation
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed cancellation rules and a notice period of at most one month.
The consumer can terminate an agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration with due observance of the agreed cancellation rules and a notice period of at most one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
at any time and is not limited to termination at a specific time or in a specific period;
at least terminate in the same way as they were entered into by him;
always terminate with the same notice period as Kavero Fashion has stipulated for itself.
Extension
An agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
In deviation from the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed duration of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of at most one month.
An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month and a notice period of at most three months in the event the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after purchase of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period as referred to in article 6 paragraph 1.
In the case of an agreement for the provision of a service, this period commences after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details immediately to Kavero Fashion.
In the event of non-payment by the consumer, Kavero Fashion, subject to legal restrictions, has the right to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to Kavero Fashion within seven days, after the consumer has discovered the defects.
Complaints submitted to Kavero Fashion will be answered within a period of 14 days calculated from the date of receipt.
If a complaint requires a foreseeably longer processing time, Kavero Fashion shall respond within the period of 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute procedure.
A complaint does not suspend the obligations of Kavero Fashion, unless Kavero Fashion indicates otherwise in writing.
If a complaint is found to be justified by Kavero Fashion, Kavero Fashion shall at its choice either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between Kavero Fashion and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Even if the consumer resides abroad