Terms & Conditions
- The Products can no (longer) be identified as coming from McGregor E-Store;
- The faults are (partly) the result of normal wear and tear, injudicious and/or improper handling, use and/or storage or maintenance of the Products;
- McGregor E-Store is not immediately put in a position by the Customer to examine the adverts and to fulfil its obligations;
- The Customer has failed, failed in good time or failed to properly meet the observance of any obligation incumbent upon it.
General conditions of Doniger Online B.V. (hereinafter to be referred to as: McGregor E-Store)
Article 1: Definitions
The following terms are used in uppercase letters in these general conditions:
1.1 General Conditions: these general conditions.
1.2 Intellectual Property: all intellectual property rights and rights associated with this, such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and related rights.
1.3 Customer: the natural person, who has entered into the Agreement with McGregor E-Store.
1.4 McGregor E-Store: the private limited liability company according to Dutch law McGregor Online B.V. and/or its subsidiaries and/or legal successor(s).
1.5 Agreement: agreement pertaining to the supply of Products by McGregor E-Store to the Customer.
1.6 Products: the products, which are offered by McGregor E-Store on its web site.
1.7 Personal information: personal information as defined in the Data Protection Act.
1.8 In Writing: in writing, by e-mail or by fax.
1.9 Web site: the web site mcgregor-fashion.com operated by McGregor E-Store.
Article 2: General
2.1: These General Conditions apply in respect of all offers and all Agreements relating to the sale and supply of Products via the McGregor E-Store web site.
2.2: The acceptance of offers or the placing of orders on the McGregor E-Store web site implies that the applicability of these General Conditions is accepted.
2.3: Amendments to the Agreement that is entered into or to these General Conditions are only valid if and from the time that they have been confirmed by McGregor E-Store in Writing. Verbal agreements or promises made by McGregor E-Store are only binding after they have been confirmed In Writing by McGregor E-Store.
2.4: If and insofar as any provision in the General Conditions is declared null and void or is nullified, the other provisions in the General Conditions shall continue to apply in full force.
Article 3: Conclusion of the Agreement
3.1: All offers made by McGregor E-Store, as well as prices stipulated by McGregor E-Store, payments and deadlines, are without prejudice and subject to reserve, unless it has been expressly stipulated otherwise.
3.2: An Agreement is only concluded after an inquiry or order made by or on behalf of the Customer has been confirmed In Writing by McGregor E-Store. Unless evidence to the contrary can be provided, the administrative details of McGregor E-Store shall be authoritative and binding for the content of the Agreement and these details shall serve as proof of the Agreement.
3.3: Designs displayed on the web site or in advertisements are only valid by way of indication without a Product needing to fulfil these. If a product does not appear to fulfil the design that is displayed, the Customer is entitled to dissolve the Agreement.
3.4: McGregor E-Store is entitled at all times to refuse an order without stating reasons for doing so, which shall be communicated to the Customer by McGregor E-Store as quickly as possible.
3.5: The Customer guarantees that the information specified by him or her in the inquiry to McGregor E-Store is accurate and complete.
Article 4: Registered Customer on the Web Site
4.1: If the customer has registered via the Web Site, McGregor E-Store provides the Customer with a username and password. This information is strictly confidential and exclusively intended for use by the relevant user, who has registered.
4.2: The Customer ensures that he shall use the username and password on a strictly confidential basis and shall not pass it on to third parties. McGregor E-Store may assume that if a user registers under the intended username and password, that it is the Customer.
Article 5: Execution of the Agreement
5.1: McGregor E-Store shall make every effort to carefully and properly execute the agreement in accordance with the arrangements set out In Writing with the Customer.
5.2: Obvious (typographical) errors and omissions on the web site and/or in the confirmation e-mail are not binding on McGregor E-Store.
5.3: The Customer shall report changes in address details and other Personal information to McGregor E-Store within no longer than fourteen (14) days of the change taking effect by using the contact form. All consequences, which arise out of non-timely notification of changes (of address), are the sole responsibility and risk of the Customer.
Article 6: Supply
6.1: All (delivery) dates specified by McGregor E-Store shall be given by way of approximation and are set on the basis of the information and circumstances, which were known to McGregor E-Store upon entering into the Agreement. Specified delivery dates shall never be considered as a strict deadline, unless it has expressly been agreed otherwise. In the event of non-timely delivery, the Customer must declare McGregor E-Store to be in default In Writing and grant it a reasonable date to still meet its obligations.
6.2: In the absence of any agreement to the contrary, a delivery period of thirty (30) days shall apply. Exceeding this delivery period entitles the Customer to dissolve the Agreement. The Supplier shall in this case not be liable for damages.
6.3: McGregor E-Store is entitled to supply sold goods in parts.
Article 7: Prices and payment
7.1: All prices and rates for countries within the European Union are in euros and include VAT and any other government levies imposed at the time this Agreement was entered into, but do not include delivery costs. Any applicable delivery costs including VAT will be added to the shopping basket and the checkout section of the website before payment details are processed.
7.2: All prices and rates for countries outside of the European Union are in euros and exclude VAT and any other government levies imposed at the time this Agreement was entered into, and also exclude delivery costs. Any applicable delivery costs including VAT will be added to the shopping basket and the checkout section of the website before payment details are processed. Any import levies or other costs charged for the despatch and import to countries outside of the EU are payable by the Customer.
7.3: Unless agreed otherwise, payment of the price payable shall be made to McGregor E-Store by the Customer by means of a payment by online payment order.
7.4: If the payment is made by the Customer by credit card, the following conditions apply. The credit card details provided are verified before payment takes place. Products are only sent to the address, which is specified while the order is placed by the Customer on the McGregor E-Store web site, as being the address of the credit card holder.
7.5: If the payment is made by the Customer, the payment must take place within thirty (30) days of the invoice date.
7.6: During the payment process, McGregor E-Store can arrange for credit checks to be carried out by a third party in relation to the payment services offered by this third party. Based upon the outcome of this check, McGregor E-Store can modify or (arrange to) decline an order and/or selected means of payment.
7.7: The Customer is not authorised to calculate charges. McGregor E-Store is able to modify the terms of payment if McGregor E-Store is of the opinion that the financial position or the payment behaviour of the Customer or the nature of the business relationship with the Customer give rise to this.
7.8: The Products remain the property of McGregor E-Store until payment has been made in full.
7.9: In the event that the Customer does not pay on time, the latter shall be declared to be legally in default. Where that is the case, McGregor E-Store can proceed to undertake collection measures the court and extra-judicial costs of which are charged to the Customer.
7.10: McGregor E-Store is entitled to suspend performance of obligations arising out of the Agreement in case of attributable non-performance by the Customer of its obligations pursuant to the Agreement.
Article 8: Transport / risk
8.1: If Products sold by McGregor E-Store or a carrier appointed by it are delivered to the Customer, the Product is only at the risk of the Customer from the time of delivery onwards.
Article 9: Dissolution
9.1: After the Customer has received the ordered Products, the Customer is authorised to dissolve the underlying Agreement with McGregor E-Store within fourteen (14) calendar days of receipt of the Products, without stating its reasons for doing so, unless the right of termination does not apply in respect of the relevant Products (in which case this shall be stated). In the event that multiple Products have been ordered, which have been despatched in different consignments, the period of fourteen (14) calendar days shall continue to run until the final consignment has been received.
9.2: If the Customer wishes to dissolve the Agreement pursuant to the above paragraph, the Customer must make this known to McGregor E-Store within the cooling-off period using the model form (form) or notifying McGregor E-Store in some other unequivocal manner of its decision to dissolve the Agreement.
9.3: The Customer must return the Products within fourteen (14) days following the dissolution of the Agreement to a return address stipulated by McGregor E-Store. This must be done in the original, undamaged packaging. Products whose seal has been broken shall not be taken back. The Customer must bear the costs and the risk of sending them back itself.
9.4: If the Customer has already made any payments at the time that the Customer dissolved this Agreement with McGregor E-Store pursuant to this article, McGregor E-Store shall repay to the Customer these payments (excluding the costs of the return shipping) within fourteen (14) days of receipt of the notification of termination set out in the previous paragraph using the means of payment used by the Customer.
9.5: McGregor E-Store reserves the right to refuse returned Products or only to credit a portion of the amount already paid if (there is a suspicion that) the Products have already been used (other than that which is required to determine the nature, features and correct operation of the Products) or have been damaged through the fault of the Customer.
9.6: If Products are returned, which in the judgement of McGregor E-Store have incurred some damage that can be attributed to a misdeed or the negligence on the part of the Customer or otherwise fall to the risk of the Customer, McGregor E-Store shall notify the Customer of this In Writing. McGregor E-Store is entitled to deduct the reduction in value of the Products as a result of this damage from the amount to be repaid to the Customer.
Article 10: Faults, time limits for filing complaints and warranty
10.1: The Customer must examine the supplied Products on delivery. In so doing, the Customer must check whether what has been supplied fulfils the Agreement, namely:
a) whether the correct goods have been supplied;
b) whether the supplied goods match that what was agreed in terms of the quantity;
c) whether the supplied goods meet the requirements, which may be stipulated for normal use.
10.2: The Customer must report faults within a reasonable time following their discovery or after the fault could have reasonably been discovered, but no later than within one year In Writing and providing reasons and stating the invoice details to McGregor E-Store.
10.3: If the Customer does not report faults or complaints within the specified period, its complaint shall not be handled and its rights shall lapse.
10.4: Any claim on the part of the Customer in relation to the supplied Products shall furthermore lapse, if:
10.5: If it has been demonstrated that the Products do not comply with the Agreement, McGregor E-Store has the option either to repair the Products in question when they are returned, or to replace them with new Products or to refund the invoice value of them. These General Conditions apply in full in respect of this new delivery.
Article 11: Intellectual Property
11.1: All Intellectual Property Rights relating to (advertising) initiatives by McGregor E-Store, including the Web site, rest with McGregor E-Store or its licensors.
11.2: The Customer and (other) users of the Web site acknowledge these rights and guarantee that they shall refrain from any breach thereof, which includes making copies of the web site other than technical copies required for using the web site (loading and displaying).
11.3: The Web site contains hyperlinks to other web sites, which are maintained by third parties. McGregor E-Store does not have any influence over the information, products and services listed on these web sites and does not accept any liability for damage, which may in any way arise out of the use of these web sites.
11.4: McGregor E-Store shall not accept responsibility for photographs, descriptions and other information material on the mcgregor-fashion.com web site, which have been published by third parties.
Article 12: Privacy/processing personal information
12.1: McGregor E-Store processes the Customer's Personal Information within the framework of objectives set out in the privacy statement.
12.2: McGregor E-Store shall take appropriate technical and organisational measures to safeguard the Personal Information against loss or against any form of improper processing.
Article 13: Liability
13.1: With the exception of intent and gross negligence, McGregor E-Store is in no way liable for damage that may have occurred as a result of the inaccuracy and/or incompleteness and/or unlawfulness of the content of the web site, the (incorrect) use of the web site by the Customer and the provision of incorrect information by the Customer. Furthermore, with the exception of intent and gross negligence, McGregor E-Store is in no way liable for damage that may have occurred as a result of the Products that it has supplied and/or any failure in the performance of the Agreement or the breach of any other obligations towards the Customer.
13.2: Damage, as set out in paragraph 1 of this article, which is attributable in the assessment of the Customer to the intent or gross negligence of McGregor E-Store, must be reported In Writing to McGregor E-Store as quickly as possible following its occurrence. Damage, which is not notified to McGregor E-Store as quickly as possible, shall not qualify for compensation unless the Customer can substantiate that it could not reasonably have reported the damage any earlier.
13.3: If - in spite of that which is stipulated in paragraph 1 of this article - liability on the part of McGregor E-Store occurs at any time, then this is limited to a maximum of the amount of the invoice that McGregor E-Store has charged.
13.4: Any claim for payment of a stipulated fine or for compensation for damage shall not apply after the expiry of a year following the event, as a result of which the fine has become payable or the damage has been caused, unless judicial recovery has been initiated within the stated period.
Article 14: Force Majeure
14.1: Force majeure is understood to mean circumstances, which prevent the observance of the Agreement and which are not attributable to McGregor E-Store. If and insofar as these circumstances render its observance impossible or reasonably hinder its observance, the following shall also be included: strikes by suppliers of McGregor E-Store, strikes within the McGregor E-Store business, a general shortage of the goods or services required to support the agreed level of performance, unforeseeable delays with suppliers or other third parties on which McGregor E-Store depends, general transport problems, fire and government measures including import and export bans.
14.2: If the instance of force majeure lasts for longer than three (3) days, both parties are entitled to dissolve the Agreement. In such an eventuality, McGregor E-Store is not obliged to pay any compensation.
Article 15: Applicable law and competent court
15.1: Dutch law is applicable to all Agreements entered into under these General Conditions.
15.2: All disputes, which arise between McGregor E-Store, on the one hand, and the Customer, on the other, arising out of the Agreement and/or the interpretation or implementation thereof, can by presented by McGregor E-Store to the competent court.