Terms of Service

General terms and conditions

Table of contents

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - Price

Article 10 - Conformity and Warranty

Article 11 - Delivery and Execution

Article 12 - Duration Transactions: Duration, Termination, and Extension

Article 13 - Payment

Article 14 - Complaint Procedure

Article 15 - Disputes

Article 16 - Products or services

Article 17 - Contact

Article 1 - Definitions

In these terms and conditions, the following terms are used with the meanings specified below:

• »Withdrawal period«: the period within which the consumer can exercise their right of withdrawal.
• »Consumer«: a natural person who does not act in the course of their trade or profession and concludes a distance sales agreement with an entrepreneur.
• »Day«: a calendar day.
• »Sustainable agreement«: a distance sales agreement concerning a range of products and/or services, where the delivery and/or performance obligation is spread over time.
• »Durable data carrier«: any tool that enables the consumer or entrepreneur to store information personally addressed to them in such a way that future consultation and unchanged reproduction of the stored information is possible.
• »Right of withdrawal«: the consumer's option to cancel the distance sales agreement within the withdrawal period.
• »Entrepreneur«: a natural or legal person who offers products and/or services at a distance to consumers.
• »Distance sales agreement«: an agreement whereby, in connection with a system organized by the entrepreneur for distance selling of products and/or services, only distance communication techniques are used up to and including the conclusion of the agreement.
• »Distance communication technology«: a means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same room at the same time.
• »General terms and conditions«: these general terms and conditions for the entrepreneur.

Article 2 - Identity of the entrepreneur

Company name: TATA Fashion

Address: Orteliuskade 121, 1056 NN Amsterdam

Company registration number: 74222523

E-mail: info@tata-fashion.com

Phone: +31616585028

Article 3 - Applicability

These general terms and conditions apply to any offer from the entrepreneur and to any distance sales agreement concluded between the entrepreneur and the consumer.

Before the distance sales agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the general terms and conditions can be viewed and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance sales agreement is concluded electronically, the text of these general terms and conditions, contrary to the previous paragraph, may be made available to the consumer electronically in such a way that the consumer can easily save it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance sales agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs of this article shall apply accordingly, and in case of conflicting conditions, the consumer may always rely on the provision most favorable to them.

If one or more provisions of these general terms and conditions at any time prove to be invalid or void, the agreement and these terms and conditions shall otherwise remain in effect, and the relevant provision shall be immediately replaced by a provision that most closely reflects the original intent.

Situations not covered by these general terms and conditions will be assessed "in the spirit" of these terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions in our terms shall be interpreted "in the spirit" of these terms.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.

The offer is non-binding. The entrepreneur has the right to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.

The images of the offered products are a true representation of the offered products. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This includes in particular:

• The price excluding any customs clearance fees and import duties. These additional costs are the customer's responsibility and risk.
• Any shipping costs.
• The manner in which the agreement will be concluded and the actions required.
• Whether the right of withdrawal applies or not.
• The method of payment, delivery, and execution of the agreement.
• The period for acceptance of the offer or the period during which the entrepreneur guarantees the price.
• The rate for remote communication if the costs of using the communication technique are based on something other than the standard rate for the communication medium used.
• Whether the agreement will be archived after conclusion, and if so, how the consumer can access it.
• The manner in which the consumer can access and correct the data they have provided in connection with the agreement before the agreement was concluded.
• Any other languages in which the agreement can be concluded besides Dutch.

Article 5 - The Agreement

Notwithstanding the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set for it.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. Until acceptance is confirmed, the consumer can cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to ensure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

Within legal limits, the entrepreneur may verify whether the consumer can meet their payment obligations, as well as any facts or factors relevant to a responsible conclusion of the distance sales agreement. If the entrepreneur has reasonable grounds to refuse the agreement based on this investigation, they have the right to reject an order or application or attach special conditions to the execution.

The entrepreneur will provide the following information in writing or in such a way that the consumer can easily store it on a durable data carrier along with the product or service:

• The address of the entrepreneur's business where the consumer can submit complaints.
• The conditions for and the manner in which the consumer can exercise their right of withdrawal, or a clear statement excluding the right of withdrawal.
• Information about existing after-sales services and warranties.
• The information included in Article 4 of these terms, unless the entrepreneur has already provided this information to the consumer before the conclusion of the agreement.
• The requirements for cancellation if the agreement lasts more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous section applies only to the first delivery.

Each agreement is concluded under the suspensive condition that the relevant products are sufficiently available.

Article 6 - Right of Withdrawal

In the case of purchasing products, the consumer has the option to cancel the agreement without giving any reason within 14 days. This withdrawal period starts the day after the consumer has received the product or a representative designated by the consumer.

During the withdrawal period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all accompanying accessories and, if reasonably possible, in its original condition and packaging and follow the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. This notification must be made using the model form or through another written or electronic statement. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by providing proof of shipment.

If the consumer fails to notify the entrepreneur within the periods mentioned in paragraphs 2 and 3, or fails to return the product, the purchase becomes final.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the product shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has been returned to the entrepreneur or there is conclusive proof of full return.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products mentioned in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least before the agreement is concluded.

Exclusion of the right of withdrawal is only possible for products:

• Made by the entrepreneur according to the consumer's specifications;
• Clearly personal in nature;
• That cannot be returned due to their nature;
• That can spoil or age quickly;
• If the price is linked to fluctuations in the financial market beyond the entrepreneur's control;
• For newspapers and magazines;
• For audio and video recordings and computer software where the consumer has broken the seal;
• For hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is also possible for services:

• In connection with accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or within a specific period;
• Where delivery has begun with the consumer's explicit consent before the withdrawal period has expired;
• In connection with bets and lotteries.

Article 9 - Price

During the validity period of the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the preceding paragraph, the entrepreneur may offer products or services with prices subject to fluctuations in the financial market that the entrepreneur cannot influence, at variable prices. This dependence on fluctuations and the fact that all mentioned prices are indicative will be stated in the offer.

Price increases within 3 months after the agreement is made are only allowed if they result from legal provisions or regulations. Price increases after 3 months are only allowed if the entrepreneur has agreed to this and:

• The price increase is due to legal provisions or regulations; or
• The consumer has the right to terminate the agreement before the date the price increase takes effect.

The place of delivery is the country where the shipment begins. In this case, delivery takes place outside the EU, after which the postal or courier company will charge the customer for import taxes or duties. Therefore, the company will not charge VAT.

All prices are subject to typographical and printing errors. The company is not responsible for the consequences of such errors. In the event of typographical or printing errors, the company is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements for conformity and/or usability, and the legal and/or governmental regulations applicable on the date the agreement is made. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights or claims against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the products' final suitability for any individual use by the consumer or for any advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
• The delivered products have been exposed to abnormal conditions or handled carelessly or contrary to the entrepreneur's instructions and/or packaging;
• The defect is wholly or partly a result of government regulations regarding the type or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the greatest care in receiving and executing orders for products.

The delivery address is the address provided by the consumer to the entrepreneur.

With due regard to the provisions of Article 4, the entrepreneur will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without costs and is entitled to compensation for any damages.

In the event of cancellation under the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to deliver a replacement product. The consumer will be clearly and understandably informed at the time of delivery that a replacement product is being provided. The right of withdrawal cannot be excluded for replacement items. Return shipping costs are borne by the entrepreneur.

The risk of damage and/or loss of products remains with the entrepreneur until the time of delivery to the consumer or a representative appointed by the consumer and known to the entrepreneur, unless otherwise agreed.

Article 12 - Duration Transactions: Duration, Termination, and Extension

Termination

The consumer may terminate an agreement entered into for an indefinite period at any time, which contains provisions for regular delivery of products (including electricity) or services, observing the agreed termination rules and a maximum notice period of one month.

The consumer may terminate an agreement entered into for a fixed period, which contains provisions for regular delivery of products (including electricity) or services, at any time before the end of the fixed period, subject to the agreed termination rules and a maximum notice period of one month.

Extension

An agreement entered into for a specific period, which contains provisions for regular delivery of products (including electricity) or services, cannot be automatically extended or renewed.

An agreement entered into for a fixed period, which includes regular delivery of daily, news, and weekly newspapers and magazines, may be automatically extended for a fixed period of up to three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services can only be automatically extended indefinitely if the consumer can terminate the agreement at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement concerns the regular delivery of daily newspapers, news, weekly newspapers, and magazines less than once a month.

A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) does not continue automatically and ends after 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 no more than one month, unless fairness and reasonableness argue against termination before the agreed duration expires.

Article 13 - Payment

Unless otherwise agreed in the contract or additional terms, the amounts the consumer must pay shall be paid within seven working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement for the delivery of a service, this period starts after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the provided or stated payment information.

If the consumer does not fulfill their payment obligations on time, they will owe statutory interest on the outstanding amount after the entrepreneur has pointed out the late payment and allowed a 14-day period for the consumer to meet the payment obligations. After this period expires, the entrepreneur has the right to charge extrajudicial collection costs. These costs amount to a maximum of: 15% of the outstanding amount up to €2,500; 10% of the next €2,500; and 5% of the following €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 14 - Complaint Procedure

Complaints about the performance of the agreement must be submitted within a reasonable time, fully and clearly described, to the entrepreneur after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a predictably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, it will lead to a dispute subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur has stated otherwise in writing.

If a complaint is deemed justified by the entrepreneur, they will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these terms and conditions apply, even if the consumer resides abroad.

Article 16 - Products or services

Some products or services may only be available online through the website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our return policy.

We have made every effort to display the colors and images of our products in the store as accurately as possible. However, we cannot guarantee that the colors displayed on your computer screen are accurate.

We reserve the right, but are not obligated, to restrict the sale of our products or services to certain individuals, geographic regions, or countries. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantity of products or services offered. All product descriptions or prices may be changed at our discretion without prior notice. We reserve the right to discontinue any product at any time. Any offer of a product or service on this website is invalid where prohibited.

We do not guarantee that the quality of the products, services, information, or other materials you purchase or receive will meet your expectations, or that any defects in the service will be corrected.

Although we strive to minimize size differences through quality control, there may be a size variation of 3-7 cm for clothing and 1 cm for shoes.

Delivery

If you place an order and do not pick it up before it is returned to us (after about 14 days), we will charge 50% of the purchase price for processing the order.

If tracking shows that the package was delivered but you did not receive it, you must first contact the postal service or another carrier to inquire about the whereabouts of your package. If the postal service or another carrier reports that the package was lost during transit, you must request an official confirmation that the package is lost and send it to us.

Right to return

Return requests must be submitted within 14 days of receiving your order.

Note: Underwear, masks, and beauty products cannot be returned.

Our return address is located in China.

Article 17 - Contact

For information about our privacy policy, if you have questions or wish to file a complaint, please contact us via email: info@tata-fashion.com