General terms and conditions
General Terms and Conditions of Beautifulgreymouse, established in Hoogerheide Netherlands Version valid from 01 September 2020
1.1 These General Terms and Conditions shall apply to all offers of Beautifulgreymouse. The conditions shall be accessible to everyone and included on the Beautifulgreymouse website. We shall send you a written copy upon request.
1.2 By placing an order, you shall indicate that you agree to the delivery and payment conditions. Beautifulgreymouse reserves the right to change its terms and conditions of delivery and/or payment after expiry of the term.
1.3 Unless otherwise agreed in writing, Beautifulgreymouse shall not recognise the general or specific conditions or stipulations of third parties.
1.4 Beautifulgreymouse guarantees that the product delivered shall comply with the agreement and meet the specifications stated in the offer.
2.1 Delivery will take place as long as stocks last.
2.2 Within the framework of the rules of distance purchase, Beautifulgreymouse shall execute orders at least within 30 days. If this is not possible (because the order is out of stock or can no longer be delivered), or there is a delay for other reasons, or an order cannot be carried out or can only be carried out in part, the consumer shall be notified within 1 month of placing the order and shall in that case be entitled to cancel the order without costs and notice of default.
2.3 Beautifulgreymouse's obligation to deliver shall be fulfilled, subject to proof to the contrary, as soon as the items delivered by Beautifulgreymouse have once been offered to the customer. In the case of home delivery, the transporter's report, including refusal of acceptance, shall serve as full proof of the offer for delivery.
2.4 All periods stated on the internet site shall be indicative. No rights can therefore be derived from the periods mentioned.
2.5 For shipments outside the Netherlands, Beautifulgreymouse shall not be liable for any customs and import duties costs, which costs shall be borne by the buyer. These costs shall also not be a valid reason for return or restitution.
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer makes interim price increases.
3.2 All prices on the site are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros and include 9 or 21% VAT.
4. Visibility period / right of withdrawal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 14 working days without giving a reason. This period starts at the moment the ordered goods are delivered. If, after this period has expired, the customer has not returned the items delivered to Beautifulgreymouse, the purchase shall be a fact. Before returning, the customer must notify Beautifulgreymouse in writing within 14 days of delivery. The customer must prove that the items delivered were returned in a timely manner, for example, by means of proof of mail delivery. The items must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way at the buyer's, the right to dissolution within the meaning of this paragraph shall lapse. With due observance of the provisions of the previous sentence, Beautifulgreymouse shall ensure that, within 30 days of proper receipt of the return, the full purchase amount, excluding the calculated shipping costs, shall be refunded to the customer. Return of the items delivered shall be entirely at the buyer's expense and risk.
4.2 The right to terminate, as described in the previous paragraph, shall only pertain to the items delivered and shall in no event pertain to services for which Beautifulgreymouse only acts as an agent or agent, the general terms and conditions of said operators shall apply.
4.3 The right of revocation shall not apply to: - services the performance of which, with the Consumer's consent, has commenced before the period of seven working days; - offers; - digital products; - goods manufactured according to the consumer's specifications, or cut to size for example, custom-made products, or which have a clearly personal character.
5. Data management
5.2 Beautifulgreymouse respects the privacy of the users of the Internet site and shall ensure that your personal information is treated confidentially.
5.3 Beautifulgreymouse uses a mailing list in some cases. Each mailing contains instructions on how to remove yourself from this list.
5.4 Information that you enter when placing an order or sending a message will be stored on the servers of our processor Mijnwebwinkel. Mijnwebwinkel ensures a level of security appropriate to the data to be processed and takes adequate measures to protect data against loss or any form of unlawful processing. For example, a secure SSL connection is used as standard.
6. Warranty and conformity
6.1 The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
6.2 An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not detract from the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfilment of the obligations of the entrepreneur based on the law and/or the remote agreement.
6.3 The client is obliged to check the delivered goods immediately upon receipt. If it appears that the item delivered is wrong, defective, or incomplete, the customer must immediately report these defects in writing to Beautifulgreymouse before returning them to Beautifulgreymouse. Any defects or incorrectly delivered goods must and can be reported to Beautifulgreymouse in writing no later than 14 days after delivery. Goods shall be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after notice of default, damage arising after notice of default, encumbrance and/or resale after notice of default, shall render this right to complain and return completely null and void.
6.4 If Beautifulgreymouse finds the customer's complaints to be well-founded, Beautifulgreymouse shall, at its option, either replace the items delivered free of charge or make a written arrangement with the customer about the compensation, on the understanding that Beautifulgreymouse's liability and, if so, the amount of compensation shall always be limited to no more than the invoice amount for the items in question or, at Beautifulgreymouse's option, to the maximum amount covered in the case in question by Beautifulgreymouse's liability insurance. Any liability of Beautifulgreymouse for any other form of damage shall be excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damage, or damage due to loss of profit.
6.5 Beautifulgreymouse shall not be liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
6.6 This guarantee shall not apply if: A) and as long as the customer is in default vis-à-vis Beautifulgreymouse; B) the customer has repaired and/or processed the delivered goods himself or has them repaired and/or processed by third parties. C) the items delivered have been exposed to abnormal conditions or otherwise treated carelessly or have been treated contrary to Beautifulgreymouse's instructions and/or instructions for use on the packaging; D) the improper condition is wholly or partly the result of regulations made or to be made by the authorities regarding the nature or quality of the materials used.
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 If the buyer accepts an offer without obligation, Beautifulgreymouse shall reserve the right to revoke the offer or to deviate from it within 3 working days after receipt of such acceptance.
7.3 Verbal commitments shall only bind Beautifulgreymouse after they have been expressly confirmed in writing.
7.4 Offers made by Beautifulgreymouse shall not automatically apply to subsequent orders.
7.5 Beautifulgreymouse may not be bound by its offer if the customer should have understood that the offer, or part thereof, contained an obvious mistake or error in writing.
7.6 Additions, amendments and/or further agreements shall only be effective if agreed in writing.
8.1 An agreement between Beautifulgreymouse and a customer shall be concluded after an order has been assessed by Beautifulgreymouse for feasibility.
8.2 Beautifulgreymouse reserves the right not to accept orders or orders without giving reasons.
8.3 Beautifulgreymouse shall only accept orders after payment in advance.
9. Images and specifications
9.1 All images; photographs, drawings, etc.; including information concerning weights, dimensions, colours, images of labels, etc. on Beautifulgreymouse's Internet site shall only be approximations, are indicative and may not give rise to compensation or rescission of the agreement.
10. Force majeure
10.1 Beautifulgreymouse shall not be liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure shall be understood to mean any strange cause, as well as any circumstance which should not reasonably be at its risk. Delays at or failure to perform by our suppliers, disruptions to the Internet, disruptions to electricity, disruptions to e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and/or manufacturers of Beautifulgreymouse as well as auxiliary persons, sickness of personnel, defects in auxiliary or transport equipment shall expressly be considered force majeure.
10.3 In the case of force majeure, Beautifulgreymouse shall reserve the right to suspend its obligations and shall also be entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that performance remains possible. Beautifulgreymouse shall under no circumstances be required to pay any penalty or compensation.
10.4 If Beautifulgreymouse has already partially performed its obligations when the force majeure occurs, or can only partially perform its obligations, it shall be entitled to invoice the part already delivered or deliverable separately and the customer shall be required to pay this invoice as if it were a separate agreement. However, this does not apply if the part already delivered or deliverable has no independent value.
11.1 Beautifulgreymouse shall not be liable for damage to vehicles or other objects caused by incorrect use of the products. Please read the instructions on the packaging and/or consult our website before use.
12. Ownership rights
12.1 Ownership of all goods sold and delivered by Beautifulgreymouse to the customer shall continue as long as the customer has not paid Beautifulgreymouse's receivables under the agreement or previous or later similar agreements, as long as the customer has not yet paid for work performed or to be performed under this or similar agreements and as long as the customer has not yet paid Beautifulgreymouse's receivables due to failure to perform such obligations, including receivables relating to penalties, interest and costs, all as referred to in Section 3:92 of the Netherlands Civil Code.
12.2 The items delivered by Beautifulgreymouse subject to retention of title may only be resold in the course of normal business operations and may never be used as a means of payment.
12.3 The buyer shall not be entitled to pledge the items subject to retention of title or encumber them in any other manner.
12.4 The customer hereby unconditionally and irrevocably authorises Beautifulgreymouse or a third party to be appointed by Beautifulgreymouse, in all cases in which Beautifulgreymouse wishes to exercise its property rights, to enter all those places where its property will then be located and to take those items there.
12.5 If third parties seize items delivered subject to retention of title or wish to establish or assert rights to them, the customer shall be obliged to inform Beautifulgreymouse of this as soon as can reasonably be expected.
13. Applicable law/competent court
13.1 All agreements are governed by Dutch law.
13.2 Disputes arising from an agreement between Beautifulgreymouse and the buyer which cannot be solved in mutual consultation shall be brought before the competent court in the Beautifulgreymouse district, unless Beautifulgreymouse prefers to submit the difference to the competent court in the buyer's place of residence, and with the exception of those disputes which fall within the jurisdiction of the subdistrict court.