FAQ & General Terms
Here you’ll find our general terms and conditions, privacy policy, disclaimer, and delivery terms. We know legal text can be overwhelming, so we’ve also summarized the key points in an FAQ. Questions? Email us at contact@thechampagnefox.nl
FREQUENTLY ASKED QUESTIONS
GENERAL TERMS AND CONDITIONS
The Champagne Fox V.O.F
E-mail: contact@thechampagnefox.nl
Website: https://www.thechampagnefox.nl/
Definitions
1. The Champagne Fox: The Champagne Fox Vof, established at Conradstraat 88, 1018NK in Amsterdam, Chamber of Commerce no. 84401974.
2. Customer: the party which The Champagne Fox has entered into an agreement with.
3. Parties: The Champagne Fox and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of The Champagne Fox.
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 The Champagne Fox 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. The Champagne Fox is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which The Champagne Fox could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the 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 rights 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 conform to the sample or model.
Payments and payment term
1. The Champagne Fox may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount within 7 days, after delivery.
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 The Champagne Fox having to send the customer a reminder or to put him in default.
4. The Champagne Fox reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payment
1. If the customer does not pay within the agreed term, The Champagne Fox is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a 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 The Champagne Fox.
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, The Champagne Fox may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of The Champagne Fox on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by The Champagne Fox, he is still obliged to pay the agreed price to The Champagne Fox.
Right of recovery of goods
1. As soon as the customer is in default, The Champagne Fox is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. The Champagne Fox 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 The Champagne Fox, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.
Right of withdrawal
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 adapted to its special needs
· it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
· the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
· the product is not a (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 consumer has not renounced his right of withdrawal
2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
o on the day after the consumer has received the last product or part of 1 order
o as soon as the consumer has received the first the product of a subscription
o as soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of withdrawal via contact@thechampagnefox.nl, if desired by using the withdrawal form that can be downloaded via the website of The Champagne Fox, https://www.thechampagnefox.nl/.
4. The consumer is obliged to return the product to The Champagne Fox within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.
Reimbursement of delivery costs
1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, The Champagne Fox will refund these costs 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 The Champagne Fox in time.
2. The costs for return are only reimbursed by The Champagne Fox if the complete order is returned.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
1. The Champagne Fox can appeal to his right of retention of title and in that case retain the products sold by The Champagne Fox to the customer until the customer has paid all outstanding invoices with regard to The Champagne Fox, 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 The Champagne Fox.
3. The Champagne Fox is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Settlement
The customer waives his right to settle any debt to The Champagne Fox with any claim on The Champagne Fox.
Retention of title
1. The Champagne Fox remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to The Champagne Fox under whatever agreement with The Champagne Fox including of claims regarding the shortcomings in the performance.
2. Until then, The Champagne Fox 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 The Champagne Fox invokes its retention of title, the agreement will be dissolved and The Champagne Fox has the right to claim compensation, lost profits and interest.
Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at The Champagne Fox unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, The Champagne Fox has the right to suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by The Champagne Fox.
Delivery period
1. Any delivery period specified by The Champagne Fox is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from The Champagne Fox.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless The Champagne Fox cannot deliver within 14 days after the customer has urged him to do so in writing 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 costs
Transport costs are paid by the customer, unless the parties have agreed upon otherwise.
Packaging 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 the absence of which The Champagne Fox 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 The Champagne Fox, failing which The Champagne Fox 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 costs as a result of premature or late purchase of products are entirely at the customer's expense.
Guarantee
1. The warranty relating to products only applies 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 product, 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 an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Indemnity
The customer indemnifies The Champagne Fox against all third-party claims that are related to the products and/or services supplied by The Champagne Fox.
Complaints
1. The customer must examine a product or service provided by The Champagne Fox 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 The Champagne Fox of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform The Champagne Fox of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that The Champagne Fox 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 The Champagne Fox being forced to perform other work than has been agreed.
Giving notice
1. The customer must provide any notice of default to The Champagne Fox in writing.
2. It is the responsibility of the customer that a notice of default actually reaches The Champagne Fox (in time).
Joint and several Client liabilities
If The Champagne Fox enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to The Champagne Fox under that agreement.
Liability of The Champagne Fox
1. The Champagne Fox is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If The Champagne Fox 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. The Champagne Fox is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If The Champagne Fox is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice 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 lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from The Champagne Fox shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
Dissolution
1. The customer has the right to dissolve the agreement if The Champagne Fox imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by The Champagne Fox is not permanent or temporarily impossible, dissolution can only take place after The Champagne Fox is in default.
3. The Champagne Fox has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give The Champagne Fox good grounds 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 The Champagne Fox in the fulfillment of any obligation to the customer cannot be attributed to The Champagne Fox in any situation independent of the will of The Champagne Fox, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from The Champagne Fox .
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 disasters, etc.); defaults and force majeure of suppliers, deliverymen 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 The Champagne Fox cannot fulfill one or more obligations towards the customer, these obligations will be suspended until The Champagne Fox can comply with it.
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. The Champagne Fox 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.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
1. The Champagne Fox is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by The Champagne Fox 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 The Champagne Fox to third parties without the prior written consent of The Champagne Fox.
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 annullable shall, in that case, be replaced by a provision that comes closest to what The Champagne Fox 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 The Champagne Fox is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on 1 November 2021.
PRIVACY POLICY
The Champagne Fox vof respects the privacy of its website visitors, in particular their rights regarding the automatic processing of personal data. We have therefore formulated and implemented a policy on complete transparency with our customers regarding the processing of personal data, its purpose(s) and the possibilities to exercise your legal rights in the best possible way.
If you require any additional information about the protection of personal data, please visit the website of the Dutch Data Protection Authority (Autoriteit Persoonsgegevens): https://autoriteitpersoonsgegevens.nl/nl.
Until you accept the use of cookies and other tracking devices, we will not place any non-anonymised analytical cookies and / or tracking cookies on your computer, mobile phone or tablet.
With the continued visit of this website you accept these terms of use and you accept the use of cookies and other tracking systems, unless we have provided for another method of accepting cookies on our website.
The current available version of this privacy policy is the only version that applies while visiting our website until a new version replaces the current version.
Article 1 - Definitions
1. Website (hereinafter: "Website") https://www.thechampagnefox.nl/.
2. Party responsible for processing personal data (hereinafter: "the controller"): The Champagne Fox vof, established at Conradstraat 88, 1018NK Amsterdam, The Netherlands, Chamber of Commerce number: 84401974 .
Article 2 - Access to the website
Access to and use of the website are strictly personal. You will refrain from using the data and information of this website for your own commercial, political or advertising purposes, as well as for any commercial offers, in particular unsolicited electronic offers.
Article 3 - Website content
All brands, images, texts, comments, illustrations (animated) images, video images, sounds and all the technical applications that can be used to operate this website and more generally all the components used on this website, are protected by the laws on intellectual property. Any reproduction, repetition, use or modification, by any means whatsoever, of all or just part of it, including technical applications, without the prior written permission of the controller, is strictly prohibited. The fact that the controller may not take immediate action against any infringement, cannot be considered as a tacit consent, nor of a waiver of any right to prosecute the infringing party.
Article 4 - Management of the website
For the purpose of proper management of the site, the controller may at any time:
· suspend, interrupt, reduce or decline the access to the website for a particular category of visitors
· delete all information that may disrupt the functioning of the website or conflicts with national or international laws or is contrary to internet etiquette
· make the website temporarily unavailable in order to perform updates
Article 5 - Responsibilities
1. The controller is not liable for any failure, disturbances, difficulties or interruptions in the functioning of the website, causing the (temporary) inaccessibility of the website or of any of its functionalities. You, yourself, are responsible for the way you seek connection to our website. You need to take all appropriate steps to protect your equipment and data against hazards such as virus attacks on the Internet. Furthermore, you are responsible for which websites you visit and what information you seek.
2. The controller is not liable for any legal proceedings taken against you:
· because of the use of the website or services accessible via the Internet
· for violating the terms of this privacy policy
3. The controller is not liable for any damages that incur to you or third parties or your equipment, as a result of your connection to or use of the website and you will refrain from any subsequent (legal) action against the controller.
4. If the controller is involved in a dispute because of your (ab)use of this website, he is entitled to (re)claim all subsequent damages from you.
Article 6 - Collection of data
1. Your personal data will be collected by The Champagne Fox vof .
2. Personal data means any information relating to an identified or identifiable natural person (‘data subject’).
3. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
4. The personal data that are collected on the website are used mainly by the controller in order to maintain a (commercial) relationship with you and if applicable in order to process your orders. They are recorded in an (electronic) register.
Article 7 - Your rights regarding information
1. Pursuant to Article 13 paragraph 2 sub b GDPR each data subject has the right to information on and access to, and rectification, erasure and restriction of processing of his personal data, as well as the right to object to the processing and the right to data portability.
2. You can exercise these rights by contacting us at contact@thechampagnefox.nl.
3. Each request must be accompanied by a copy of a valid ID, on which you put your signature and state the address where we can contact you.
4. Within one month of the submitted request, you will receive an answer from us.
5. Depending on the complexity and the number of the requests this period may be extended to two months.
Article 8 - Legal obligations
1. In case of infringement of any law or regulation, of which a visitor is suspected and for which the authorities require the personal data collected by the controller, they will be provided to them after an explicit and reasoned request of those authorities, after which these personal data do not fall anymore under the protection of the provisions of this Privacy policy.
2. If any information is necessary in order to obtain access to certain features of the website, the controller will indicate the mandatory nature of this information when requesting these data.
Article 9 - Collected data and commercial offers
1. You may receive commercial offers from the controller. If you do not wish to receive them (anymore), please send us an email to the following address: contact@thechampagnefox.nl.
2. Your personal data will not be used by our partners for commercial purposes.
3. If you encounter any personal data from other data subjects while visiting our website, you are to refrain from collection, any unauthorized use or any other act that constitutes an infringement of the privacy of the data subject(s) in question. The controller is not responsible in these circumstances.
Article 10 - Data retention
The collected data are used and retained for the duration determined by law.
Article 11 - Cookies
1. A cookie is a small text file placed on the hard drive of your electronic device upon visiting our website. A cookie contains data so you can be recognized as a visitor when you are visiting our website. It enables us to adjust to your needs and it facilitates you to log in on our website. When you visit our website, we inform you about the use of cookies. By continuing to use our website you accept its use, unless we ask permission by other means. Your consent is valid for a period of thirteen months.
2. We use the following types of cookies on our website:
- Functional cookies: like session and login cookies to collect session and login information.
- Anonymised Analytic cookies: to obtain information regarding the visits to our website, like numbers of visitors, popular pages and topics. In this way we can adjust our communication and information to the needs of our visitors. We cannot see who visits our sites or from which personal device the visit has taken place.
3. Specifically, we use the following cookies on our website:
No other cookies
4. When you visit our website, cookies from the controller and / or third parties may be installed on your equipment.
5. For more information about using, managing and deleting cookies for each electronic device, we invite you to consult the following link: https://autoriteitpersoonsgegevens.nl/nl/onderwerpen/internet-telefoon-tv-en-post / cookies # faq
Article 12 - Imagery and products offered
You cannot derive any rights from the imagery that accompanies any offered product on our website.
Article 13 - Applicable Law
These conditions are governed by Dutch law. The court in the district where the controller has its place of business has the sole jurisdiction if any dispute regarding these conditions may arise, save when a legal exception applies.
Article 14 - Contact
For questions, product information or information about the website itself, please contact: Legal, contact@thechampagnefox.nl.
This privacy statement applies since until further notice.
DISCLAIMER
The following terms of use apply to the use of this website (https://www.thechampagnefox.nl/). By using this website, you are deemed to have taken note of and accepted these terms of use.
Use of information
The Champagne Fox vof strives to always provide accurate and up-to-date information on this website. Although this information has been compiled with the greatest possible care, The Champagne Fox vof does not guarantee the completeness, accuracy, or timeliness of the information. The legal information on the website is of a general nature and cannot be regarded as a substitute for legal advice.
No rights can be derived from the information. The Champagne Fox vof accepts no liability for damage arising from the use of the information or the website, nor for the improper functioning of the website.
The mere sending and receiving of information via the website or e-mail does not create a relationship between The Champagne Fox vof and the user of the website.
E-mail
The Champagne Fox vof does not guarantee that e-mails sent to The Champagne Fox vof are (promptly) received or processed, as timely receipt of e-mails cannot be guaranteed. The security of e-mail communication also cannot be fully guaranteed due to the associated security risks. By corresponding with The Champagne Fox vof via e-mail without encryption or password protection, you accept this risk.
Hyperlinks
This website may contain hyperlinks to third-party websites. The Champagne Fox vof has no influence over third-party websites and is not responsible for their availability or content. The Champagne Fox vof therefore accepts no liability for damage resulting from the use of third-party websites.
Intellectual property rights
All publications and expressions by The Champagne Fox vof are protected by copyright and other intellectual property rights. Except for personal and non-commercial use, nothing from these publications or expressions may be reproduced, copied, or disclosed in any way without prior written permission from The Champagne Fox vof.
Attribution
This disclaimer was created with the help of Rocket Lawyer (https://www.rocketlawyer.com/nl/nl)
TERMS OF DELIVERY
The Champagne Fox V.O.F
Definitions
The Champagne Fox: The Champagne Fox Vof, located in Amsterdam under Chamber of Commerce no. 84401974.
Customer: the person with whom The Champagne Fox has entered into an agreement.
Parties: The Champagne Fox and customer together.
Consumer: a customer who is also an individual and acts as a private person
Applicability of the terms of delivery
These terms of delivery apply to all activities, orders, agreements, and deliveries of services or products by or on behalf of The Champagne Fox.
Parties may only deviate from these terms of delivery if they have explicitly agreed to do so in writing.
Parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or third parties.
Consequences of late payment
If the customer does not pay within the agreed term, The Champagne Fox is entitled to charge statutory interest of 2% per month for non-commercial transactions and statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month is counted as a full month.
When the customer is in default, they also owe extrajudicial collection costs and any damages to The Champagne Fox.
Collection costs are calculated based on the Decree on reimbursement for extrajudicial collection costs.
If the customer does not pay on time, The Champagne Fox may suspend its obligations until the customer has fulfilled the payment obligation.
In the event of liquidation, bankruptcy, attachment, or suspension of payment on the part of the customer, all claims of The Champagne Fox against the customer become immediately due.
If the customer refuses to cooperate with the execution of the agreement by The Champagne Fox, the customer is still obliged to pay the full agreed price to The Champagne Fox.
Right of reclamation
As soon as the customer is in default, The Champagne Fox is entitled to invoke the right of reclamation with respect to the unpaid products delivered to the customer.
The Champagne Fox invokes the right of reclamation by means of a written or electronic notification.
Once the customer has been informed of the invoked right of reclamation, the customer must immediately return the products concerned to The Champagne Fox, unless otherwise agreed between the parties.
The costs of retrieving or returning the products are borne by the customer.
Right of withdrawal
A consumer may dissolve an online purchase during a reflection period of 14 days without giving reasons, provided that:
-
the product has not been used
-
the product is not one that can spoil quickly, such as food or flowers
-
the product is not specially made or customized for the consumer
-
the product cannot be returned for hygiene reasons (underwear, swimwear, etc.)
-
the seal of the delivered product is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
-
the product is not a trip, transport ticket, catering assignment, or form of leisure activity
-
the product is not a single magazine or newspaper
-
it does not concern (an order for) urgent repairs
-
the consumer has not waived their right of withdrawal
The 14-day reflection period, as stated in paragraph 1, starts:
-
on the day after the consumer has received the last product or part of one order
-
once the consumer has received the first product in a subscription
-
once the consumer has used a service for the first time
-
once the consumer has confirmed that they will receive digital content via the internet
The consumer may invoke the right of withdrawal via contact@thechampagnefox.nl, optionally using the withdrawal form that can be downloaded from The Champagne Fox’s website, https://www.thechampagnefox.nl/.
The consumer must return the product to The Champagne Fox within 14 days after invoking the right of withdrawal, failing which the right of withdrawal expires.
Reimbursement of return costs
If the consumer invokes the right of withdrawal and returns the entire order on time, the costs for returning the complete order are borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend fulfillment of any obligation arising from this agreement.
Right of retention
The Champagne Fox may invoke its right of retention and, in that case, hold products of the customer until the customer has paid all outstanding invoices to The Champagne Fox, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of earlier agreements from which the customer still owes payments to The Champagne Fox.
The Champagne Fox is never liable for any damage the customer may suffer as a result of invoking this right.
Set-off
Unless the customer is a consumer, the customer waives the right to set off a debt to The Champagne Fox against a claim on The Champagne Fox.
Retention of title
The Champagne Fox remains the owner of all delivered products until the customer has fully met all payment obligations toward The Champagne Fox, including claims relating to shortcomings in fulfilling the agreement.
Until ownership has passed to the customer, the customer may not pledge, sell, transfer, or otherwise encumber the products.
If The Champagne Fox invokes its retention of title, the agreement is considered dissolved and The Champagne Fox is entitled to claim compensation, lost profits, and interest.
Delivery
Delivery takes place while stocks last.
Delivery takes place at The Champagne Fox unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address provided by the customer.
If the agreed amounts are not paid or not paid on time, The Champagne Fox has the right to suspend its obligations until the agreed amount has been paid.
In case of late payment, there is creditor’s default, meaning the customer cannot hold The Champagne Fox responsible for delayed delivery.
Delivery time
The delivery times stated by The Champagne Fox are indicative and do not entitle the customer to dissolution or compensation if exceeded, unless parties have explicitly agreed otherwise in writing.
The delivery time starts when the customer has fully completed the (electronic) order process and received an (electronic) confirmation from The Champagne Fox.
Exceeding the stated delivery time does not entitle the customer to compensation nor to dissolution of the agreement, unless The Champagne Fox cannot deliver within 14 days after being given written notice, or unless parties have agreed otherwise.
Actual delivery
The customer must ensure that actual delivery of the ordered products can take place in a timely manner.
Delivery and transfer of risk
The risk of loss, damage, or depreciation of a purchased item transfers to the customer at the moment the item is placed under the customer’s control.
Transport costs
Transport costs are borne by the customer unless agreed otherwise.
Packaging and shipment
If the packaging of a delivered product is opened or damaged, the customer must have a note made of this by the carrier or delivery person before accepting the product; otherwise, The Champagne Fox cannot be held liable for any damage.
If the customer arranges their own transportation of a product, they must report any visible damage to the products or packaging to The Champagne Fox prior to transport; otherwise, The Champagne Fox cannot be held liable for any damage.
Storage
If the customer collects ordered products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
Any additional costs due to early or late collection of products are fully borne by the customer.
Warranty
The warranty regarding products applies only to defects caused by faulty manufacturing, construction, or materials.
The warranty does not apply in cases of normal wear and tear or damage resulting from accidents, modifications made to the product, negligence, or improper use by the customer, nor when the cause of the defect cannot be clearly determined.
The risk of loss, damage, or theft of products that are the subject of an agreement between the parties transfers to the customer at the moment they are legally and/or actually delivered, or come under the control of the customer or a third party who receives the product on behalf of the customer.
Indemnification
The customer indemnifies The Champagne Fox against all claims from third parties related to the products and/or services delivered by The Champagne Fox.
Complaints
The customer must inspect a product or service delivered by The Champagne Fox as soon as possible for any shortcomings.
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must notify The Champagne Fox as soon as possible, but in any case within 1 month after discovering the shortcomings.
Consumers must notify The Champagne Fox within 2 months after discovering deficiencies.
The customer must provide the most detailed description possible of the shortcoming so that The Champagne Fox can respond appropriately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to The Champagne Fox being required to perform different work than agreed.
Notice of default
The customer must issue notices of default to The Champagne Fox in writing.
It is the customer’s responsibility to ensure that a notice of default actually reaches The Champagne Fox (in time).
Joint and several liability of the customer
If The Champagne Fox enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed under that agreement.
Liability of The Champagne Fox
The Champagne Fox is only liable for damage suffered by the customer if and insofar as that damage was caused by intent or deliberate recklessness.
If The Champagne Fox is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
The Champagne Fox is never liable for indirect damage, such as consequential damage, lost profit, missed savings, or damage to third parties.
If The Champagne Fox is liable, such liability is limited to the amount paid out under its (professional) liability insurance, and if no (full) payment is made by the insurer, liability is limited to the (portion of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, and descriptions on the website or in a catalogue are indicative and approximate, and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of obligations.
Limitation period
Any right of the customer to claim damages from The Champagne Fox expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 BW.
Right of dissolution
The customer has the right to dissolve the agreement when The Champagne Fox imputably fails to fulfill its obligations, unless this shortcoming, given its special nature or minor significance, does not justify dissolution.
If fulfillment of obligations by The Champagne Fox is not permanently or temporarily impossible, dissolution can only take place after The Champagne Fox is in default.
The Champagne Fox has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill their obligations under the agreement, or if The Champagne Fox becomes aware of circumstances giving good reason to fear that the customer will not properly meet their obligations.
Force majeure
In addition to article 6:75 BW, a failure by The Champagne Fox to meet any obligation toward the customer cannot be attributed to The Champagne Fox in a situation independent of its will, preventing fulfillment of obligations in whole or in part, or making fulfillment unreasonable.
Force majeure situations include but are not limited to: emergency situations (civil war, riots, natural disasters, etc.); failures and force majeure by suppliers, carriers, or other third parties; unexpected power, electricity, internet, computer, or telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, severe weather, and work interruptions.
If a force majeure situation occurs preventing The Champagne Fox from fulfilling one or more obligations, those obligations are suspended until The Champagne Fox can fulfill them again.
If a force majeure situation lasts at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
The Champagne Fox owes no (damage) compensation in a force majeure situation, even if it benefits from it.
Amendment of the agreement
If after concluding the agreement it appears necessary to modify or supplement its content for proper execution, parties will adjust the agreement accordingly in a timely manner and by mutual consultation.
Amendment of delivery terms
The Champagne Fox is entitled to amend or supplement these terms of delivery.
Minor changes may be made at any time.
The Champagne Fox will discuss major substantive changes with the customer as much as possible in advance.
A consumer may terminate the agreement in the event of a substantial change to the delivery terms.
Transfer of rights
Rights of the customer arising from an agreement between the parties cannot be transferred to third parties without prior written consent from The Champagne Fox.
This provision qualifies as a clause with proprietary effect as referred to in article 3:83, paragraph 2 BW.
Consequences of nullity or voidability
If one or more provisions of these terms of delivery prove null or voidable, this does not affect the other provisions.
A provision that is null or voidable is replaced by a provision that most closely reflects what The Champagne Fox intended when drafting the terms.
Applicable law and competent court
These terms of delivery and every agreement between the parties are governed exclusively by Dutch law.
The Dutch court in the district where The Champagne Fox is established has exclusive jurisdiction over disputes, unless mandatory law provides otherwise.
Applicability of delivery terms
These terms of delivery have been in effect since 01 November 2021.
