General terms and conditions
Bema Shopping B.V., Winkelveldstraat 20, 5916NX Venlo
1. Applicability
2. Offer and acceptance
3. Price
4. Payment
5. Delivery, risk
6. Inspection & complaints
7. Exchanges or refunds
8. Liability of e-carnavalskleding.nl
9. Severability, waiver
10. Declaration of authority to enter into a purchase agreement
11. Applicable law and jurisdiction
1. Applicability
1.1 These terms and conditions apply to all offers, agreements and contracts for the supply of goods by Bema Shopping B.V., trading under the name e-Carnavalskleding©, hereinafter referred to as “e-Carnavalskleding©”, which have taken place or have been
concluded via the online webshop of e-Carnavalskleding© between e-Carnavalskleding© and the counterparty.
1.2 By placing an order, as well as by accepting an offer made by e-Carnavalskleding©, the counterparty accepts the applicability of these terms and conditions exclusively, to the express exclusion of its own general terms and conditions, if any.
1.3 Deviations from and/or additions to these terms and conditions shall only apply if and to the extent that
e-Carnavalskleding© has expressly and in writing accepted them. The deviation and/or addition shall only relate to the delivery for which that acceptance has taken place.
1.4 An email message also constitutes a written statement under these general terms and conditions.
1.5 Where these general terms and conditions refer to a consumer purchase, this means:
the purchase concluded between the counterparty and e-Carnavalskleding© relating to movable goods, where the counterparty is a natural person who is not acting in the course of a profession or business.
2. Offer and acceptance
2.1 All offers made by or on behalf of e-Carnavalskleding© by any means whatsoever (orally, in writing, electronically, digitally, etc.), are non-binding and valid for as long as stocks last.
2.2 e-Carnavalskleding is not obliged to deliver if, due to an error on the website or a technical defect, the pricing and/or VAT indication is not reasonably in accordance with the value of the product offered.
2.3 If the counterparty's acceptance, even if only on minor points,
deviates from e-Carnavalskleding©'s offer, no agreement shall be concluded, but it shall be considered an offer by the counterparty.
2.4 An offer by the counterparty shall first be deemed to have been accepted by e-Carnavalskleding© if and as soon as e-Carnavalskleding© confirms this in writing.
2.5 Offers and/or quotations by e-Carnavalskleding© do not apply to reorders or new orders.
2.6 The counterparty has accepted an offer by e-Carnavalskleding© if it has entered its account details (customer details) on the e-Carnavalskleding© website and placed an order.
2.7 After an order placed by the counterparty, e-Carnavalskleding© will send an order confirmation, accompanied by an invoice.
3. Price
3.1 e-Carnavalskleding© applies the prices as stated on the website, unless expressly agreed otherwise in writing. The prices stated on the website are inclusive of VAT and exclusive of delivery costs.
3.2 e-Carnavalskleding© is entitled not to proceed with delivery in the event of incorrect pricing on the website.
4. Payment
4.1 Unless otherwise agreed in writing, payment must be made via the payment methods offered on the website.
4.2 Without prejudice to any other rights of e-Carnavalskleding©, if the counterparty does not pay the amount due on time and/or in full, or otherwise fails to perform its obligations towards e-Carnavalskleding©, it shall be in default by operation of law without any reminder or notice of default being required.
4.3 e-Carnavalskleding© is entitled to recover extrajudicial collection costs from the counterparty.
The costs are calculated in accordance with the "Staffel Kantonrechters" Rapport Voorwerk II. The
minimum amount of extrajudicial collection costs is €37.00.
5. Delivery, Risk
5.1 Unless expressly agreed otherwise in writing, delivery shall only take place after
full payment of the invoice amount by the counterparty via the payment methods on the website.
5.2 e-Carnavalskleding© determines the method of shipping and the shipping route.
5.3 The counterparty has an obligation to accept the goods.
5.4 From the moment e-Carnavalskleding© offers the goods to its carrier (PostNL or DHL), the risk of destruction or deterioration (including
damage, loss, theft) of the goods rests with the counterparty for commercial customers. In the case of a consumer purchase, this risk rests with the counterparty from the moment of delivery to the delivery address.
5.5 e-carnavalskleding© is not liable for damage that has occurred/may occur as a result of delayed delivery by the carrier.
6. Inspection and complaints
6.1 The buyer must inspect the goods immediately upon receipt. All complaints must be made
in writing via the ticket system on our website within 48 hours after the buyer became aware, or reasonably should have become aware, of any imperfections, defects, or shortcomings. An accurate description of the complaint(s) is required.
6.2 Complaints can also be submitted by email: info(at)e-carnavalskleding.nl
6.3 Goods about which the counterparty has complained must be kept carefully and unused,
free from stains and smoke, and unprocessed in a suitable place, and upon
first request by E-Carnavalskleding© for further inspection, made available to e-Carnavalskleding© or a third party designated by it by shipping the goods to e-Carnavalskleding© at the counterparty's expense. After investigating the complaint, it will be determined whether a refund of the shipping costs and damages can take place.
7. Exchanges / refunds
7.1 Right of withdrawal
You have the right to withdraw from the agreement within a period of 14 days without stating any reasons. The withdrawal period expires 14 days after the day on which you or a third party designated by you, who is not the carrier, physically receives the goods. To exercise the right of withdrawal, you must inform us, Bema Shopping B.V. (Winkelveldstraat 20, 5916NX Venlo, 077-8200208, info(at)e-carnavalskleding.nl), of your decision to withdraw from the agreement via an unambiguous statement (e.g., in writing by post, fax, or email). You may use the enclosed model withdrawal form for this purpose, but you are not obliged to do so. To comply with the withdrawal period, it is sufficient to send your notice of exercise of the right of withdrawal before the withdrawal period has expired. Business customers are excluded from the right of return, unless otherwise agreed at the time of purchase.
7.2 Consequences of withdrawal
If you withdraw from the agreement, you will receive all payments you have made up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a different method of delivery than the cheapest standard delivery offered by us), promptly and in any event no later than 14 days after we have been informed of your decision to withdraw from the agreement. We will refund you using the same payment method with which you made the original transaction, unless you have expressly agreed otherwise; in any event, no costs will be charged to you for such a refund. We may wait with the refund until we have received the goods back, or until you have shown that you have returned the goods, whichever occurs first. You must return or hand over the goods to us or to Bema Shopping B.V. promptly, but in any event no later than 14 days after the day on which you have notified us of your decision to withdraw from the agreement. You are on time if you return the goods before the period of 14 days has expired. The direct costs of returning the goods are at your expense. You are only liable for the reduction in value of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics, and operation of the goods.
7.3 Goods can be returned to:
Bema Shopping B.V.
Winkelveldstraat 20
5916NX Venlo
You can address your declaration of withdrawal to:
info(at)e-carnavalskleding.nl
Upon receipt, you will receive the order amount in your account within 30 days after the dissolution of the purchase. The costs for returning the goods are borne by the customer. If you return products at the expense of e-Carnavalskleding.nl, then €7.95 (within NL) & €9.95 (from BE to NL) for shipping costs + any payment costs will be deducted from the order amount. If you return part of the order and the original purchase price is below €75, you will still have to pay the shipping costs you would have originally paid. In addition, discounts that have been provided will be deducted if the order amount is lower than the discount table. Of course, this will be settled on the invoice and deducted from the amount to be refunded. The return of products is entirely at your own risk.
7.4 Trying on the clothing is permitted.
7.5 In accordance with the EU directive for distance selling, no exchange is possible for:
- Goods made according to the buyer's specifications
- Goods that are clearly personal in nature
- Goods that cannot be returned due to their nature
- Goods that can spoil or deteriorate quickly
7.6 Panties, leggings, stockings, collars, wigs, moustaches, gloves, headwear, masks, glasses, lenses, face paint, baby sets, second skin clothing, inflatable items, beards, and other types of body hair may not be exchanged or returned for hygiene reasons if they have been removed from the packaging. All products are shipped in sealed packaging. If this seal is broken, the product cannot be exchanged or returned. Finally, the item must not contain traces of perfume, smoke, detergent, or sweat. It is therefore advisable to take this into account when trying on the products; do not try on the products in a room where smoking takes place and ensure that no perfume comes into contact with the costume.
7.7 The products you wish to return must be complete and neatly packed in undamaged packaging. This includes the information card and/or label (card with product information such as an image and barcode). Trying on is no problem; if damage is caused to one or more product(s), the relevant item will be rejected. Trying on and viewing products is the same as you would do in a physical store. Business customers are excluded from the right of return, unless otherwise agreed at the time of purchase.
8. Liability of E-Carnavalskleding©
8.1 e-Carnavalskleding© is not liable for material or immaterial damage suffered by the counterparty and/or third parties to whom the counterparty makes the goods available, unless there is intent or gross negligence on the part of e-Carnavalskleding©. In particular, e-Carnavalskleding© is not liable for health damage.
8.2 e-Carnavalskleding© is not liable for consequential damage, direct or indirect business damage, business interruption damage, and/or loss of profit.
8.3 The liability of e-Carnavalskleding© is in all circumstances limited to the amount that its liability insurer pays out in the given case.
8.4 If insurers do not pay out or the damage is not covered by insurance,
the liability is limited to three times the net invoice value of the
delivery in question, up to a maximum of €5,000. -
8.5 The counterparty shall indemnify e-Carnavalskleding© against all claims, regardless of their nature and extent, from third parties and waives the right of recourse against e-Carnavalskleding©.
9. Severability, Waiver
9.1 If any provision of these terms and conditions is declared or held to be invalid or void in whole or in part by a court,
the provision shall be deemed to have been converted
into a provision that, to the extent possible while preserving its content and purpose,
is not voidable/void.
9.2 If e-Carnavalskleding© does not always require strict compliance with these terms and conditions, this does not mean that e-Carnavalskleding© waives the right to require strict compliance in any case.
10. Declaration of authority to enter into a purchase agreement:
By accepting these General Terms and Conditions, the buyer declares that they are 18 years of age or older and are therefore authorized to enter into a legally valid purchase agreement. Where the buyer is younger than 18 years, the buyer declares that they have the permission of their parents, guardian, or legal representative to enter into the purchase agreement.
11. Applicable law and jurisdiction
11.1 Agreements and any other legal relationships between e-Carnavalskleding© and the counterparty are governed exclusively by Dutch law.
11.2 Only the District Court of Roermond is competent to hear disputes between the parties.