TERMS & CONDITIONS

Definitions
1. Loved By Dolly: Loved By Dolly, established in Nootdorp under Chamber of Commerce no. 80026176.
2. Customer: the person with whom Loved By Dolly has entered into an agreement.
3. Parties: Loved By Dolly and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

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

1. All prices that Loved By Dolly uses are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
2. All prices that Loved By Dolly uses for its products or services, on its website or that are otherwise made known, Loved By Dolly can change at any time.
3. Increases in the cost prices of products or parts thereof, which Loved By Dolly could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples / models

If the customer has received a sample or model of a product, then he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products to be delivered correspond with the sample or model. .

Consequences not paying on time
1. If the customer does not pay within the agreed term, Loved By Dolly is entitled to charge an interest of 1% per month from the day that the customer is in default, whereby part of a month is counted as a whole month. .
2. If the customer is in default, he will also owe Loved By Dolly extrajudicial collection costs and any compensation.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Loved By Dolly may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, seizure or moratorium on the part of the customer, the claims of Loved By Dolly on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Loved By Dolly, he is still obliged to pay the agreed price to Loved By Dolly.

Right of Complaint
1. As soon as the customer is in default, Loved By Dolly is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. Loved By Dolly invokes the right of complaint by means of a written or electronic notification.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Loved By Dolly, unless the parties make other agreements about this.
4. The costs for the return or return of the products are at the expense of the customer.

Right of withdrawal
1. The products cannot be returned for hygienic reasons 
2. The consumer can make his appeal to the right of withdrawal known via info@lovedbydolly.nl, if desired using the withdrawal form that can be downloaded from the Loved By Dolly website, www.lovedbydolly.nl.
3. The costs for returning are only for Loved By Dolly if the product is delivered wrong.
4. If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement according to the law, Loved By Dolly will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, on provided that the consumer has returned the product to Loved By Dolly on time.

Right of retention
1. Loved By Dolly can invoke its right of retention and in that case retain products of the customer until the customer has paid all outstanding invoices with regard to Loved By Dolly, unless the customer has provided sufficient security for those costs. .
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Loved By Dolly.
3. Loved By Dolly is never liable for any damage that the customer might suffer as a result of using his right of retention.
Settlement

Unless the customer is a consumer, the customer waives his right to set off any debt owed to Loved By Dolly against a claim on Loved By Dolly.

Retention of title
1. Loved By Dolly remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Loved By Dolly under any agreement concluded with Loved By Dolly, including claims regarding shortcomings in the compliance.
2. Until then, Loved By Dolly can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Loved By Dolly invokes its retention of title, the agreement is considered dissolved and Loved By Dolly has the right to claim compensation, lost profit and interest.

Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at Loved By Dolly, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or not paid on time, Loved By Dolly has the right to suspend its obligations until the agreed part has been paid.
5. In case of late payment, there is a default of creditors, with the result that the customer cannot invoke a late delivery against Loved By Dolly.

Delivery time
1. The delivery times stated by Loved By Dolly are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.
2. The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from Loved By Dolly.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Loved By Dolly cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise.
Actual delivery

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

Transportation costs
Transport costs are at the expense of the customer, unless the parties have agreed otherwise.

Packaging and shipping
1. If the packaging of a delivered product has been opened or damaged, the customer must, before receiving the product, have a note drawn up by the forwarder or delivery person, failing which Loved By Dolly cannot be held liable. held for any damage.
2. If the customer takes care of the transport of a product, he must report any visible damage to products or the packaging to Loved By Dolly prior to transport, failing which Loved By Dolly cannot be held liable for any damage.

Retention

1. If the customer does not purchase the ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of premature or late purchase of products are entirely at the expense of the customer.

Guarantee

1. The warranty with regard to products applies only to defects caused by faulty manufacture, construction or material.
2. The guarantee does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when they are legally and / or actually delivered, or at least come under the control of the customer or from a third party who receives the product on behalf of the customer.
Disclaimer

The customer indemnifies Loved By Dolly against all claims from third parties related to the products and / or services delivered by Loved By Dolly.

Complaints
1. The customer must examine a product or service provided by Loved By Dolly as soon as possible for any shortcomings.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Loved By Dolly of this as soon as possible, but in any case within 1 month after discovery of the shortcomings. set.
3. Consumers must inform Loved By Dolly within 2 months after discovery of the shortcomings.
4. The customer will provide a description of the shortcoming that is as detailed as possible, so that Loved By Dolly 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 cannot in any case lead to Loved By Dolly being obliged to perform other work than agreed.

Notice of default
1. The customer must make notice of default known to Loved By Dolly in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Loved By Dolly (on time).
Joint and several liability of the customer

If Loved By Dolly enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to Loved By Dolly under that agreement.

Liability Loved By Dolly
1. Loved By Dolly is only liable for any damage suffered by the customer if and insofar as such damage is caused by intent or deliberate recklessness.
2. If Loved By Dolly is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
3. Loved By Dolly is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
4. If Loved By Dolly is liable, this liability is limited to the amount that is paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the ) invoice amount to which the 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 give rise to compensation and / or (partial) dissolution of the agreement and / or suspension of any commitment.
Expiration period

Any right of the customer to compensation from Loved By Dolly lapses in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.

Right to cancel
1. The customer has the right to dissolve the agreement if Loved By Dolly fails imputably in the fulfillment of its obligations, unless this shortcoming does not justify the dissolution in view of its special nature or minor significance.
2. If the fulfillment of the obligations by Loved By Dolly is not permanent or temporarily impossible, dissolution can only take place after Loved By Dolly is in default.
3. Loved By Dolly has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Loved By Dolly has taken cognizance of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.
Force of the majority
1. In addition to the provisions of Article 6:75 Dutch Civil Code, a failure of Loved By Dolly in the fulfillment of any obligation towards the customer cannot be attributed to Loved By Dolly in any of the will of Loved By Dolly independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partly prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Loved By Dolly.
2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to -: an emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather and work stoppages.
3. If a force majeure situation occurs as a result of which Loved By Dolly cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Loved By Dolly can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Loved By Dolly does not owe any (damage) compensation in a force majeure situation, not even if it enjoys any advantage as a result of the force majeure situation.

Amendments to the agreement

If, after the conclusion of the agreement for its implementation, it proves necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Changes to general terms and conditions
1. Loved By Dolly is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Loved By Dolly will discuss major substantive changes with the customer as much as possible in advance.
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. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Loved By Dolly.
2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.
Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions appear to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Loved By Dolly had in mind when drawing up the conditions on that point.
Applicable law and competent court
1. Dutch law is exclusively applicable to every agreement between the parties.
2. The Dutch court in the district where Loved By Dolly is established / has a practice / office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Prepared on 08 August 2020.