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Kiyomi Lingerie

terms and conditions

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This webshop is owned and mantained by

managing director: C. Tuin

Our address: (our company name)
Poldermolen 2
1622 KP Hoorn
tel: (+)31 229700230
fax: (+)31 847295915
e-mail: C. Tuin
e-mail: Kiyomi

registered in Hoorn, Netherlands
Chamber of Commerce: 37117084
VAT: NL8140.42.053.B01

Article 1: Applicability
1. These General Terms and Conditions apply to any offer from Kiyomi Lingerie and to any distance contract concluded by Kiyomi Lingerie and the Consumer.
2. Before concluding a distance contract, Kiyomi Lingerie shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, Kiyomi Lingerie shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier.

Article 2: The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products offered. The description is suitably detailed to enable the Consumer to assess the products, adequately. If Kiyomi Lingerie makes use of pictures, they are truthful images of the products. Obvious errors or mistakes in the offer do not bind Kiyomi Lingerie.

Article 3: The contract
1. Subject to the provisions in paragraph 2, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, Kiyomi Lingerie shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
3. If the contract is concluded electronically, Kiyomi Lingerie will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, Kiyomi Lingerie shall observe appropriate security measures.
4. Kiyomi Lingerie may, within the limits of the law, gather information about Consumer's ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, Kiyomi Lingerie has sound reasons for not concluding the contract, Kiyomi Lingerie is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, Kiyomi Lingerie shall send the following information along with the product in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of Kiyomi Lingerie's business establishment where the Consumer may get into contact with any complaints
b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the price including all taxes of the product where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
e. the standard form for withdrawal if the Consumer has the right of withdrawal.

Article 4: Right of withdrawal
1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. 2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier. If the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product.

Article 5: Consumer's obligations during the time of reflection
1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.

Article 6: Exercising the Consumer's right of withdrawal and the costs
1. If the Consumer exercises his right of withdrawal he shall notify Kiyomi Lingerie unambiguously with the standard form for withdrawal within the period of reflection.
2. The Consumer shall return the product or deliver it to Kiyomi Lingerie as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by Kiyomi Lingerie.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
5. The Consumer shall bear the direct costs of returning the product.
6. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.

Article 7: Kiyomi Lingerie's obligations in case of withdrawal
1. If Kiyomi Lingerie makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
2. Kiyomi Lingerie shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Kiyomi Lingerie can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
3. Kiyomi Lingerie shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, Kiyomi Lingerie need not reimburse the additional costs for the more expensive method.

Article 8: Exclusion of the right of withdrawal
Kiyomi Lingerie can exclude the following products from the right of withdrawal but only if Kiyomi Lingerie notified this clearly when making the offer or at any rate in good time before concluding the agreement:
1. Products manufactured in accordance with the Consumer's specifications which are not prefabricated.
2. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken.

Article 9: The price
1. The prices of the products provided shall not be raised during the validity period given in the offer.
2. All prices indicated in the provision of products or services are including VAT.

Article 10: Performance of an agreement and extra Guarantee
1. Kiyomi Lingerie guarantees that the products comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability

Article 13: Delivery and execution
1. Kiyomi Lingerie shall exercise the best possible care when booking orders and executing product orders.
2. The place of delivery is at the address given by the Consumer to Kiyomi Lingerie.
3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, Kiyomi Lingerie shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge
4. After repudiation in conformity with the preceding paragraph, Kiyomi Lingerie shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
5. The risk of loss and/or damage to products will be borne by Kiyomi Lingerie until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.

Article 11: Payment
1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement.
3. The Consumer has the duty to inform Kiyomi Lingerie promptly of possible inaccuracies in the payment details that were given or specified.
4. In case the Consumer has not complied with his payment obligation(s) in time, and Kiyomi Lingerie has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and Kiyomi Lingerie is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to £ 2,500, 10% for the following £ 2,500 and 5% for the following £ 5000, with a minimum of £ 40.

Article 12: Complaints procedure
1. Complaints about the performance of the contract shall be submitted fully and clearly described to Kiyomi Lingerie within a reasonable time after the Consumer discovered the defects
2. The complaints submitted to Kiyomi Lingerie shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, Kiyomi Lingerie shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
3. The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed under:

model withdrawal form form.pdf or form.txt

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