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General terms & conditions

General Terms and Conditions of BEMAshopping BV,
trading under the name of Fancypartycostumes,
registered office at Winkelveldstraat 20, 5916 NX Venlo, the Netherlands

telephone +31 77 8200208

1. Applicability

1.1 These General Terms and Conditions apply to all offers, agreements and orders for the delivery of goods by Fancypartycostumes, trading under the name of Fancypartycostumes, hereinafter referred to as “Fancypartycostumes”, which have taken place or have been effected via the Fancypartycostumes online-web shop between Fancypartycostumes and other party. Thes conditions are based on European regulations concerning buying on the Internet.
1.2 By placing an order as well as by accepting an offer made by Fancypartycostumes, other party will always and exclusively accept applicability of these General Terms and Conditions, to the express exclusion of any general terms and conditions of its own.
1.3 Any deviations from and/or additions to these General Terms and Conditions will only apply if and insofar as Fancypartycostumeshas expressly accepted them in writing. The deviation and/or addition exclusively concerns the delivery on account of which acceptance has taken place.
1.4 In these General Terms and Conditions, an email also counts as a written statement.
1.5 Where in these General Terms and Conditions reference is made to consumer purchase, it means: the sale concluded between Fancypartycostumesand other party with reference to personal property, whereby other party is a natural person, not acting in the execution of profession or business.

2. Offer and acceptance

2.1 Any offers by or on behalf of Fancypartycostumes made in any way whatsoever (orally, in writing, electronically, digitally, etc.), are free of obligation and apply as long as supplies last.
2.2 Fancypartycostumesis competent to revoke any offer within five workdays of receiving other party’s acceptance. Fancypartycostumes has the right to remove offers from the website and cancel deliveries.
2.3 If other party’s acceptance deviates from Fancypartycostumes’s offer, even if it only concerns minor points, no agreement will be concluded, but it shall be understood as an offer made by other party.
2.4 An offer made by other party will not be deemed to have been accepted by Fancypartycostumesuntil Fancypartycostumeshas confirmed it in writing.
2.5 Fancypartycostumes’s offers and/or quotations will not apply to repeat orders or new orders.
2.6 Other party will have accepted an offer by Fancypartycostumes if it has entered its account information (customer information) on Fancypartycostumes’s website and placed an order.
2.7 After an order has been placed by other party, Fancypartycostumes will send an order confirmation with an invoice.

3. Price
3.1 Fancypartycostumes charges prices as they are displayed on the website, unless expressly agreed otherwise in writing. The prices stated on the website are inclusive of VAT and exclusive of delivery charges.
3.2 Fancypartycostumes is entitled to charge rises in cost price of more than 3% to other party. If rises take place within three months of the contract being made, other party is entitled to dissolve the contract.

4. Payment

4.1 Insofar as not agreed otherwise in writing, payment shall be made before the agreed due date, exclusively by depositing the amount into or transferring it to an account stated on the invoice.
4.2 Without prejudice to any other relevant rights to which Fancypartycostumes is entitled, other party will be in default without requiring notice of default or judicial intervention, if other party fails to pay the money due on time and/or fully, or otherwise imputably fails in the fulfilment of its obligations towards Fancypartycostumes.

5. Delivery, Risk
5.1 Unless expressly agreed otherwise in writing, delivery will only take place after other party has fully paid the invoice amount.
5.2 Fancypartycostumes determines shipping mode and shipping route.
5.3 Other party has the obligation to purchase the goods.
5.4 From the moment Fancypartycostumes presents the goods to the shipping firm for delivery (for instance, TNT Post), the risk of the goods getting lost or deteriorating (including damage, loss, theft) will lie with other party. If it concerns a consumer purchase, this risk will lie with other party from the moment of delivery.

6. Inspection of goods and complaints
6.1 Other party shall immediately check the goods on delivery. As soon as possible after other party has established or could have reasonably established any defects or shortcomings, but within one week of delivery of the goods at the latest, other party shall notify Fancypartycostumes in writing of any complaints, accompanied by a careful description of the complaint(s).
6.2 Complaints can be submitted to the Fancypartycostumesvisitor address, which is: P.O. Box 8074, 5901 AB Venlo, the Netherlands

6.3 Goods, about which other party has complained, shall be stored carefully and unused, unmixed and unprocessed, in a suitable place and, at Fancypartycostumes’s first request, to be placed at the disposal of Fancypartycostumesor a third party to be designated by Fancypartycostumes, for further inspection by sending the goods to Fancypartycostumesat other party’s expense.

6.4 Accessories like wigs, tights, tatooshirts, stockings, hats, mask, gloves, shoes and other small accessory will not be changed because of health and sanitary reasons.

7. Time to reflect and cancellation
7.1 If it concerns a consumer purchase, other party has the right to cancel the purchase for seven days after receiving the product through a written statement to that effect. In that case, other party shall return the goods to Fancypartycostumes, unopened and unused, as soon as possible and at its own expense. The garanty-tag should be attached  properly and originally at the costumes and larger accessory.  Fancypartycostumes will change your product or return the money paid to it by other party as soon as possible and in any case within thirty days of the cancellation.

8. Liability

8.1 Fancypartycostumes is not liable for any material or immaterial damage incurred by other party and/or third parties at whose disposal other party places the goods, unless in the event of intent or gross negligence on the part of Fancypartycostumes. In particular, Fancypartycostumesis not liable for any health damage.
8.2 Fancypartycostumes is not liable for any consequential damage, direct or indirect company damage, stagnation damage and/or loss of profit.
8.3 In any case, Fancypartycostumes’s liability in all circumstances is limited to the amount which its liability insurer will pay out in a given case.
8.4 If insurers decline to pay out or if the damage is not covered by the insurance, liability will be limited to three times the net invoice value of the delivery concerned, with a maximum of € 5,000.
8.5 Other party shall indemnify Fancypartycostumes against any third-party liabilities, regardless of their nature or extent, waiving any recourse against Fancypartycostumesherein.

9. Partial nullity, Renunciation

9.1 If any provision of these General Terms and Conditions is nullified and/or deemed null and void, in whole or in part, by a judge, the provision is deemed to have been converted into a provision which, for as much as is possible with the retention of its content and purport, is not nullifiable/null and void.
9.2 If Fancypartycostumes does not always demand strict compliance with these General Terms and Conditions, it does not imply that Fancypartycostumes will waive the right to demand strict compliance in any future case.

10. Applicable law and competent court

10.1 All agreements and any other legal relations between Fancypartycostumes and other party will exclusively be governed by Dutch law.
10.2 Only the Roermond District Court is competent to take cognizance of disputes between parties.