Terms and Condition

Definitions

1. Everstyle : SiDDiQUiE, established in Groningen, Chamber of Commerce no. 01127440.
2. Customer the person with whom Everstyle has entered into an agreement.
3. Parties: Everstyle and customer together.
4. Consumer: a customer who is an individual acting for private purpose.

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services and products by or on behalf of Everstyle.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties

Prices

1. All prices used by Everstyle are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Everstyle is entitled to adjust all prices for its products or services, shown in its shops, on its website or otherwise, at any time.
3. Increase in the cost price of products or part thereof, which Everstyle could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increase.
4. The consumer has a right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / models

If the customer has received a sample or model of a product, he cannot derive any right from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied confirm to the sample or model.

Payments and payments terms

1. Everstyle may, at the conclusion of the agreement require a down payment of upto 50% of the agreed amount.
2. He customer must have paid the full amount within 7 days after delivery of the product.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term he is legally in default without Everstyle having to send the customer a reminder or to put him in default.
4. Everstyle reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of services or products.

Payment and payment term - Store

Products are immediately paid for in the store.

Consequences of late payment

1. If the customer does not pay within the agreed term , Everstyle is entitled to change in interest of 1% per month from the day the customer is in default, whereby a part of the month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Everstyle.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, Everstyle may suspend its obligations until the customer has met his payment obligations.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Everstyle on the customers are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Everstyle, he is still obliged to pay the agreed price to Everstyle.

Right of recovery of goods

1. As soon as the customer is in default, Everstyle is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Everstyle invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Everstyle, unless the parties agree to make other arrangements about this.
4. The cost of the collection or return of the products are at the expense of the customer.

Right of cancellation

1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
• The product has not been used.
• It is not a product that can spoil quickly, like food or flowers.
• The product is not specially tailored for the consumer or adopted to its special needs.
• The seal is still intact, when the product is a data carrier with digital content (DVDs, CDs etc).
• It is not a product that may not be returned for hygienic reasons(underwear, swimwear, etc).
• The product is not holiday trip, a transportation ticket, a catering order or a form of leisure activity.
• The product is not a separate magazine or a loose newspaper.
• The purchase does not concern an (assignment to) urgent repair.
• The consumer has not renounced his right of cancellation.


2. The reflection period of 14 days as referred to in the paragraph 1 commences.
• On the days after the consumer has received the last product or part of 1 order.
• As soon as the consumer has received the first the product of a subscription.
• As soon as the consumer has purchased a service for the first time.
• As soon as the consumer has confirmed the purchase of digital content via the internet.


3. The consumer can notify his right of cancellation via info@everstyle.nl, if desired by using the withdrawal form that can be downloaded via the website of Everstyle, everstyle.nl.
4. The consumer is obliged to return the product to Everstyle within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
5. The cost for return is due on Everstyle if the complete order is returned.
6. If the purchased cost and any other costs ( such as shipping and return costs) are eligible for reimbursement for according to the law.

Everstyle will refund these cost to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Everstyle in time.

Suspensions of Obligations by the Customer

The customer waives the right to suspend the fulfilment of any obligation arising from the agreement.

Right of retention

1. Everstyle remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to the Everstyle, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Everstyle.
3. Everstyle is never liable for any damage that the customer may suffer sa a result of retention of title.

Settlements

The customer waives his rights to settle any debt to Everstyle with any claim on Everstyle.

Retention of Title

1. Everstyle remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to the Everstyle,under whatever agreement with Everstyle including claims regarding the shortcomings in the performance.
2. Until then, Everstyle can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Everstyle invokes its retention of title, the agreements will be dissolved and Everstyle has the right to claim compensation, lost profits and interest.

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Everstyle unless the parties have expressly agreed otherwise in writing.
3. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Everstyle.
4. Exceeding the specified delivery period does not entitle the customer to compensate or the right to terminate the contract, unless Everstyle cannot deliver within (number of days late) or if the parties have agreed upon otherwise.

Actual Delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport Cost

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

Packing and Shipping

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, In absence of which Everstyle may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Everstyle, failing with Everstyle cannot be held liable for any damage.

Insurance
Storage

1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra cost as a result of premature or late purchase of products are entirely for the customer’s expense.

Guarantee

1. The warranty related to products only applied to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the products, negligence or improper use by the customer or when the cause of the defect cannot clearly be established.
3. The risk of loss damage or theft of the products that are the subject of ana agreement between the parties, will pass onto the customer when these products are legally and/or factually delivered, atleast are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Exchange

1. Exchange is only possible if the following conditions are met:
• Exchange takes place within 14 days after purchase upon presentation of the original invoice.
• The product is returned in the original packaging or with the original (price) tags still attached to it.
• The product has not been used.


2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer cannot be exchanged.

Indemnity

The customer indemnifies Everstyle against all third party claims that are related to the products and/or services supplied by the Everstyle.

Complaints

1. The customer must examine a product or services provided by Everstyle as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Everstyle of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Everstyle of this within two months after defection of the shortcomings.
4. The customer gives as detailed descriptions as possible of the shortcomings, so that Everstyle is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Everstyle being forced to perform other work than has been agreed.

Giving Notice

1. The customer must provide any notice default to Everstyle in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Everstyle (in time).

Joint and Several Client liabilities

If Everstyle enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Everstyle under that agreement.

Liability of Everstyle

1. Everstyle is only liable for any damage the customer suffer if and insofar as this damaged is caused by intent or gross intelligence.
2. If Everstyle is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Everstyle is never liable for indirect damages such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Everstyle is liable, its liability is limited to the amount paid by the closed liability insurance and in the absence of full payment by an insurance company of the damage the amount of the liability is limited to the invoice to which liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or partial dissolution of the agreement and/or suspension of any obligation.

Expire period

Every right of the customer to compensate from Everstyle shall, in any case, expire within 12 month after the event from which the liability arises directly or indirectly.This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if Everstyle imputably fails in the fulfilment of his obligations, unless this shortcomings does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfilments of the obligations by Everstyle is not permanent or temporarily impossible, dissolution can only take place after Everstyle is in default.
3. Everstyle has the right to dissolve the agreement with the customer, if the customer does not fully or partly fulfill his obligations under the agreement, or if circumstances give Everstyle good ground to fear that the customer will not be able to fulfill his obligations properly.

Force Majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code a shortcoming of Everstyle in the fulfilment of any obligation to the customer to the customer cannot be attributed to Everstyle in any situation independent of the will of Everstyle , when the fulfilments of its obligations towards the customer is prevented in whole or in part or when the fulfilments of its obligations cannot reasonably be required from Everstyle.
2. The force majeure situation referred to in paragraph 1 is also applicable but not limited to; state of emergency (such as civil war, insurrection, riots, natural disaster, etc); defaults and force majeure of suppliers, delivery men or other third parties; unexpected disturbances of power , electricity ; internet, computer or telecoms ; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which Everstyle cannot fulfil one or more obligations towards the customer these obligations will be suspended until Everstyle can comply with it.
4. From the moment that a force majeure situation had lasted at least 30 calender days, both parties may dissolve the agreement writing in whole or in part.
5. Everstyle does not owe any ( damage ) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Changes in the general terms and conditions

1. Everstyle is entitled to amend or supplement these terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Everstyle with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

1. The customer cannot transfer its rights deferring from an agreement with Everstyle to third parties without the prior written consent of Everstyle.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83(2) Dutch Civil Code.

Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annulable shall, in that case, be replaced by a provision that comes closer to what Everstyle had in mind when drafting the conditions on that issue

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Everstyle is established in exclusively competent in case of any disputes between the parties, unless the law prescribes otherwise.