GENERAL TERMS AND CONDITIONS - April 2024
Contact details:
femm amsterdam
Bilderdijkkade 4A2
1052 RT Amsterdam
The Netherlands
www.femm.amsterdam
info@femm.amsterdam
Tel. 0031 6 22 86 41 26
femm amsterdam is a Dutch proprietorship. You can find femm amsterdam in the business register of ‘Chamber of commerce’, number 63749858.
femm amsterdam works with General Terms & Conditions. femm amsterdam can send the General Terms & Conditions on request.
The costumers femm amsterdam works with, are both consumers (B2C) and entrepreneurs (B2B). This is always clearly indicated below.
1.Definitions
Offer the legal act, both verbal and signed, that will lead to an agreement (like meant in article 6:217 Dutch Civil Code).
Cancellation: all forms of ending the agreement.
Distance agreement: the agreement - literally on a distance - of selling products or services (like selling via telephone or digital options);
Client: the buyer, both consument and entrepreneurs (natural or legal person) with whom femm amsterdam concludes the agreement.
Day: calender day;
Quotation: every offer of femm amsterdam to the client, in response to a request to execute an assignment.
Order: the product or service femm amsterdam delivers.
Agreement: the quote/confirmation, also verbal and signed, between femm amsterdam and the client in which described which product femm amsterdam at what price and under what conditions will perform work.
Force majeure: in addition to what is understood by force majeure in law and jurisprudence, this includes all external causes, foreseen or unforeseen, over which femm amsterdam can’t exercise any influence and as a result of which femm amsterdam is unable to fulfill its obligations. This includes also strikes in the company of femm amsterdam or of this parties and illness of femm amsterdam or any employees who are charged with the execution of the assignment. femm amsterdam has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after femm amsterdam should have fulfilled its obligation.
Parties: femm amsterdam and the client together.
Writings: All communication between femm amsterdam and businesses both electronically, via social media or otherwise.
2. General conditions
By accessing and using our products, you agree to comply with and be bound by these terms and conditions.
The client declares that he has read the General Terms and Conditions in the following ways and that he agrees with these terms and conditions:
By signing a quote or agreement; or
A written or verbally approved order confirmation;
Placing on order through our website;
A telephone order confirmation;
An order confirmation via email.
We will confirm receipt and acceptance of your order, either through an order confirmation email or other appropriate means. The order confirmation constitutes a binding contract.
Product Description:
We provide a description of our products, including specifications and features, on our website or through other communication channels.
While we strive for accuracy, the product descriptions may contain typographical errors, inaccuracies, or omissions. We do not warrant that the product descriptions are error-free.
Pricing and Payment:
Product prices, including any applicable taxes, are listed on our website or provided upon request. Prices are subject to change without prior notice.
Payment terms, including accepted payment methods and any applicable fees, will be communicated during the ordering process.
We reserve the right to refuse or cancel orders in the event of pricing errors, product unavailability, or suspected fraudulent activity.
Shipping and Delivery:
Shipping: We will make reasonable efforts to deliver the products within the agreed timeframe. Shipping costs, unless otherwise stated, are the responsibility of the customer.
Delivery: The risk of loss or damage to the products transfers to you upon delivery. Any delivery dates provided are estimates and not guaranteed.
International Orders: International customers are responsible for complying with import/export regulations and any additional fees, duties, or taxes. These conditions govern all offers, quotations, orders and agreements between femm amsterdam and businesses.
Intellectual Property
Ownership: All intellectual property rights related to our products, including trademarks, copyrights, and patents, remain femm amsterdam’s exclusive property.
Use: Customers are granted a limited, non-transferable right to use the products for their intended purpose. Any unauthorized use or infringement is strictly prohibited.
Limitation of Liability:
We are not liable for any indirect, incidental, consequential, or special damages arising from the use or inability to use our products.
Our liability to you is limited to the purchase price of the product in question.
Governing Law and Jurisdiction: These terms and conditions are governed by the laws of The Netherlands. Any disputes arising from these terms and conditions shall be subject to the exclusive jurisdiction of the courts in The Netherlands.
These conditions apply to any follow-up orders.
Conditions of the client are explicitly rejected.
Amendments: We reserve the right to modify or amend these terms and conditions at any time. Any changes will be effective upon posting on our website or providing notice to customers.
The following article sections apply on every offer, quotation, agreement between femm amsterdam and client, to the extent that there is no deviation in writing.
3. Confirmation of the Agreement
Until the date of conclusion of the agreement, the client can’t desire derive any rights from statements conversations, statements made, promises, etc. in the broadest sense of the word.
femm amsterdam has the right to implement price changes at any time as a result of an increase in the consumer price index, as determined by Statistics Netherlands, or for any legal reasons.
All communicated rates don’t include shipping costs, travel costs, import cost or other additional charges.
Offers and rates don’t automatically apply to future assignments.
The client is responsible for the accuracy and completeness of the information provided by or on behalf of femm amsterdam, on which the offer is based.
If after the conclusion of the agreement the prices of raw materials, wages, import duties, taxes or other external costs (whether or not as a result of currency changes) increase, femm amsterdam has the right to adjust the purchase price to this increase. femm amsterdam will inform the client of such circumstances as soon as possible. The client being an entrepreneur then has the right to terminate the agreement within a period of eight (8) days, unless the increase is the result of a legal price increase. Consumers have the right to terminate the agreement, unless it is stipulated that the delivery will take place longer than three (3) months after the purchase, or the increase is the result of a legal circumstance.
4. Performance of Agreement
femm amsterdam will endeavor the execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Where applicable, the buyer is responsible for the timely and complete delivery of information that is necessary to be able to carry out the order. This is done both on its own initiative and at the request of femm amsterdam.
Deviations in the (final) result compared to what was agreed are no reason for
disapproval,
discount,
compensation
dissolution
of the agreement
The buyer is obliged to complete the planned agreement / agreements of the agreement (such as online, offline meetings) within the term.
5. Engagement of third parties
femm amsterdam has the right to have certain work done by third parties (such as, for example, specialists, experts, trainers, advisers). femm amsterdam has the right if a proper execution of this agreement requires this.
6. Right of withdrawal
This article only applies to consumers.
When purchasing a distance selling the client has the option to dissolve the agreement for 14 days without giving any reason. This period starts on the day after receipt of the confirmation of the order.
If the client wishes to make use of his right of withdrawal, he is obliged to inform femm amsterdam within 14 days after receipt of the confirmation of the order.
The client must inform femm amsterdam by email.
If the client, after expiry of the periods referred to in paragraphs 2 and 3, hasn’t indicated that he wishes to make use of his right of withdrawal, the purchase is a fact
The product must be in the same condition that you receive it and undamaged in any way.
The client is responsible for return shipping and the corresponding costs.
Clients cannot return custom made products.
7. Terms of delivery and payment
The delivery time varies per order and will always be determined in consultation with the client.
An agreed delivery period is indicative and is never a deadline. This also does not mean that femm amsterdam is in default.
If the delivery is delayed, femm amsterdam will communicate this as soon as possible by e-mail.
If femm amsterdam needs information from the client for the execution of the agreement, or if (partial) prepayment has been agreed, the delivery time will only start after the correct and complete information or prepayment has been received by femm amsterdam.
Delivery takes place when the products have left the storage space of femm amsterdam. The risk of the delivered products is transferred to the client at the time of delivery, regardless of what has been agreed between femm amsterdam and the buyer regarding transport and insurance.
femm amsterdam has the right to charge freight/shipping costs for the delivery.
If the client refuses the delivery, femm amsterdam may charge the resulting costs to him. In addition, in that case femm amsterdam has the right to terminate the agreement and also retains the right to claim full compensation.
With a new assignment, femm amsterdam will send a first (down payment) invoice of 60% in advance. The second invoice will be sent just before delivery.
A payment period of 7 days after the invoice date applies without deduction, settlement or suspension, unless stated otherwise on the invoice.
If the payment term is exceeded, the buyer will be in default and will owe interest equal to the statutory interest, as it applies to business transactions resp. consumer transactions.
All costs incurred by femm amsterdam such as litigation costs and extrajudicial and judicial costs (including the costs of legal assistance, bailiffs and collection agencies incurred in connection with late payments, will be borne by the client. The extrajudicial costs are charged in accordance with the Dutch “Het Besluit Vergoeding voor Buitengerechtelijke Incassokosten”. If the client is a consumer, then these collection costs will only be charged after a reminder in which the client is given a period of fourteen (14) days after the reminder to still settle the claim.
If the payment term is exceeded, femm amsterdam also has the right to suspend the execution of the order or delivery of a product.
If the cases as described in the previous paragraphs occur, femm amsterdam has the right to pass on the costs that suspension entails to the client.
In the event of non-compliance with the payment conditions, femm amsterdam has the right to immediately stop or cancel the order. This doesn’t relieve a client of his payment obligation.
Any objections to the amount of the invoice must be reported to femm amsterdam immediately, but no later than within 14 days after shipment. These objections don’t suspend the payment obligation.
For existing customers, femm amsterdam may decide to deviate from the provisions of this article.
8. Retention of title (eigendomsvoorbehoud)
All products delivered remain the property of femm amsterdam until the client has fulfilled all his obligations under the agreement.
If the client doesn’t honour the existing commitments, or if there is a good reason to fear that the client will not fulfill his obligations, femm amsterdam has the right to get the products delivered to the client or to third parties, who keep the item for the client back. In that case, the client must fully cooperate.
9. Intellectual and other property rights
The client expressly acknowledges that all intellectual and / or industrial property rights with regard to the products, materials and information made available to the client by femm amsterdam including (the appearance of) samples, packaging, labels, the design, composition and / or specifications of samples, products and semi-finished products, as well as technical and commercial know-how, models, techniques, samples and designs are held by femm amsterdam, its suppliers or other entitled parties.
If and insofar as femm amsterdam manufactures products on the basis of express instructions from the client, such as specifications, designs, sketches, models or designs supplied by the buyer, the client guarantees that no rights will be infringed on third parties. The client indemnifies femm amsterdam against third-party claims in this regard and reimburses all costs incurred by femm amsterdam in connection with these claims.
The client will arrange for or will taken care of femm amsterdam name on or near the result / work, if the result lends itself to it.
The client isn’t permitted to make changes to the result / work without permission from femm amsterdam.
10. Cancellation
Both femm amsterdam and the buyer have the right to immediately dissolve the agreement in whole or in part, which means that all amounts due for femm amsterdam become immediately due and payable, when;
a. a petition for bankruptcy;
b. (provisional) deferment of payment;
c. or debt restructuring,
is submitted without any obligation on the part of femm amsterdam to pay any compensation.
Paragraphs 3 to 4 only apply to client, being an entrepreneur. A consumer only has the right ofwithdrawal as stated in Article 6 and therefore has no other right to cancellation.
The only way cancellation is a fact, when femm amsterdam has confirmed receipt of cancellation. The date of cancellation is the date of the postmark (when canceling by post), or the date and time of confirming the cancellation by email.
The client has the right to cancel the order within 14 days. femm amsterdam has the right to claim any compensation and cancellation costs when canceling the assignment. These consist of all costs incurred up to then, including down payment costs and the reasonable costs of loss in profit.
The conditions described in this article apply in all cases and all the reasons given, including in the event of illness or other force majeure on the part of the client.
femm amsterdam has the right to cancel or reschedule an appointment because the agreement cannot be properly implemented or there is force majeure. Think explicitly of illness, disability, deaths within the family and friends.
femm amsterdam is authorized to suspend the fulfillment of the obligations of an assignment or to dissolve the agreement, if:
a. the client does not, not fully or not timely fulfill the obligations arising from the agreement;
b. after the agreement has been concluded, femm amsterdam learns of circumstances giving good reason to fear that the client will not fulfill its obligations;
c. if the client was asked at the conclusion of the agreement to provide security for the
fulfillment of his obligations under the agreement and this security isn’t provided or is
insufficient;
d. or if the delay on the side of the client means that femm amsterdam can no longer be expected to comply with the agreement under the originally agreed conditions.
Furthermore, femm amsterdam is authorized to terminate the agreement if circumstances arise thatfulfillment of the agreement is impossible. Or if circumstances arise that are of such a nature that femm amsterdam cannot reasonably be expected to maintain the agreement unchanged.
If the buyer does not fulfill his obligations arising from the agreement and this non-compliance justifies termination, femm amsterdam has the right to terminate the agreement immediately and with immediate effect without any obligation to pay any compensation or compensation, while the client, due to non-performance, compensation or compensation is required.
If femm amsterdam is culpably inadequate in the performance of the agreement, this will not lead to a refund of the agreed price and / or compensation for damage, but femm amsterdam will use reasonable endeavors to properly fulfill its obligations. femm amsterdam will not charge any costs for this.
101 Liability
1. If femm amsterdam is responsible, then the liability is limited to what is regulated in this article, unless the law requires otherwise.
2. If femm amsterdam can be held liable, this doesn’t include the following:
a. Errors or shortcomings of third parties engaged by or on behalf of femm amsterdam;
b. For loss, theft or damage to personal belongings of the client;
c. Situations of force majeure;
d. Incorrect or incomplete information provided by the client;
e. By improper use of the delivered item(s) or by its use for a purpose
other than that for which it is suitable according to objective standards
(this also includes improper hanging of the products and as a result
damage to third parties);
f. Because femm amsterdam started from incorrect or incomplete information provided by or on behalf of the client;
g. By third parties who are involved in the implementation of the agreement at the request or with the consent of the client;
h. Materials or services supplied by third parties at the request or with
the consent of the customer; or
i. Misunderstandings, mutilations, delays or improper transmission of
orders and communications as a result of the use of the internet or any
other (electronic) means of communication; unless the law requires
otherwise.
3. Only direct damage attributable to femm amsterdam is eligible for compensation. Liability for indirect damage such as in any case but not exclusively consequential damage, lost profit, mutilated or lost data or materials, reduced yield is excluded. In the case of consumer purchases, this limitation does not extend beyond what is permitted under Section 7:24 (2) of the Dutch Civil Code.
4. The client indemnifies femm amsterdam against claims from third parties who suffer damage in connection with the implementation of the agreement and whose cause is attributable to the client.
5. The client is liable towards femm amsterdam for damage articulated by femm amsterdam that is caused by a shortcoming attributable to the client.
6. If femm amsterdam should be liable for any damage, then femm amsterdam’s liability is limited to a maximum of the invoice value of the assignment, or at least to that part of the assignment to which the liability relates.
7. femm amsterdam's liability is also always limited to the amount that its (professional) liability insurer pays plus the deductible of femm amsterdam.
8. femm amsterdam is only liable to the client for direct damage attributable to femm amsterdam. All other forms of damage, whatever they are called, consequential, personal injury and business damage, indirect damage etc. are excluded.
9. femm amsterdam is only liable if the client demonstrates that the client has suffered damage through an attributable shortcoming (or an error).
10. femm amsterdam’s liability, including consequential damage, lost profit, lost savings, mutilated or lost data or materials, or damage due to business interruption, is excluded.
11. The limitations mentioned in this article don’t apply:
● if the damage is due to intent, deliberate recklessness or fault on the part of femm amsterdam;
● there is a product liability with regard to a consumer (within the meaning of Book 6, Title 3.
Section 3 of the Dutch Civil Code).
12. Warranty and complaints
1. The products to be delivered by femm amsterdam meet the usual requirements and standards that can reasonably be imposed on them at the time of delivery and for which they are intended for normal use. Warranty provisions of the suppliers and third parties - such as producers and importers - apply to the products femm amsterdam delivers.
2. The client is required to check the delivered and received product(s) immediately. Any defects found
or any complaints must be reported in writing within ten (10) days after delivery.
3. If the complaint is demonstrably grounded, femm amsterdam will try to solve it properly.
4. If no defects or complaints are reported to femm amsterdam within the stated period, then it is no longer
possible to complain. Incorrect information provided by the client that leads to defects in the delivery
is expressly not understood as “defects”.
5. Complaints don’t give the client the right to suspend or compensate payments.
6. Complaints about the delivered product can never be a reason for demanding a discount,
compensation or termination of the Agreement.
12. Confidentiality and Privacy/GDPR
1. The parties are obliged to maintain the confidentiality of everything that has been discussed during or in the context of the performance of the assignment.
2. Information is considered confidential if this is communicated by the other party or if this results
from the type of information.
3. The confidentiality doesn’t apply if:
- femm amsterdam has the duty to disclose information based on the law or a binding decision of the court,
a public authority or a government body;
- The information becomes generally known;
- femm amsterdam acts for itself in legal proceedings where this information may be important;
4. Personal data that reach femm amsterdam will be treated with diligence and confidentially. The data will only be used for the stated purpose and fundamentals. femm amsterdam adheres to the applicable privacy legislation, in particular General Data Protection Regulation (GDPR).
14. Changed conditions
1. femm amsterdam has the right to change or supplement these General Terms and Conditions at any time.
2. Therefore any changes to these General Terms and Conditions always apply.
3. The most current version of these conditions can always been found on the website of femm amsterdam, www.femm.amsterdam
15. Final act
1. There is a conflict if one of the parties states so.
2. The parties will first make every effort to resolve a conflict in mutual consultation. If the mutual
consultation fails, the parties reserves the right to submit the conflict to court.
3. The court that has jurisdiction by law or the court in the district in which the femm amsterdam its registered office has jurisdiction to hear and decide on any disputes between femm amsterdam and the client, unless the law requires otherwise. femm amsterdam reserves the right to submit a conflict to another competent court.
4. All agreements between femm amsterdam and client are governed by Dutch law, even if client is a foreigner.
5. The Convention on the International Sale of Goods (CISG) has been excluded.
Privacy policy
femm amsterdam operates the femm.amsterdam website, which provides the service. This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of personal information if anyone decided to use our service, the femm.amasterdam website. If you choose to use our service, then you agree to the collection and use of information in relation with this policy. The personal information that we collect are used for providing and improving the service. We will not use or share your information with anyone except as described in this privacy policy. The terms used in this privacy policy have the same meanings as in our terms and services, which is accessible at femm.amsterdam, unless otherwise defined in this privacy policy.
Information collection and use
For a better experience, while using our service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.
Log data
We want to inform you that whenever you visit our service, we collect information that your browser sends to us which is called log data. This log data may include information such as your computer’s internet protocol (“ip”) address, browser version, pages of our service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
Cookies
Cookies are files with a small amount of data that are commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.
Our website uses these “cookies” to collection information and to improve our service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our service.
Service providers
We may employ third-party companies and individuals due to the following reasons:
to facilitate our service;
to provide the service on our behalf;
to perform service-related services; or
to assist us in analyzing how our service is used.
We want to inform our service users that these third parties have access to your personal information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
Security
We value your trust in providing us your personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to other sites
Our service may contain links to other sites. if you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the privacy policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Children’s privacy
Our services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do the necessary actions.
Changes to this privacy policy
We may update our privacy policy from time to time. thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new privacy policy on this page. These changes are effective immediately after they are posted on this page.
If you have questions or comments about this Privacy Policy, please contact us at:
femm amsterdam
Bilderijkkade 4A2
1052 RT Amsterdam
0031622864126
info@femm.amsterdam