Algemene voorwaarden

GENERAL TERMS AND CONDITIONS

1. General
1.1 These general terms and conditions apply to all offers from Blush Fashionstore.
1.2 By placing an order, you indicate that you agree to the delivery and payment conditions. Blush Fashionstore reserves the right to change its delivery and/or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Blush Fashionstore.
1.4 Blush Fashionstore guarantees that the delivered product corresponds to the agreement and meets the specifications stated in the offer.

2. Delivery
2.1 Delivery will take place while stocks last.
2.2  Please note: we have an exception to our delivery time for our pre-orders. We expect to have the products in stock within two weeks, it will probably arrive sooner and we will then send your order immediately. If you have chosen the Riverty payment method, we will send your order within the payment term. If this is not the case, we would like to hear from you and we will adjust this for you. This is stated when ordering in the shopping cart. 
2.3 In the context of the rules of the Distance Selling Act, Blush Fashionstore will execute orders within 30 days at least.
If this is not possible (because the ordered item is out of stock or no longer available), there is a delay for other reasons or an order cannot be executed or can only be executed in part, the consumer will receive a message within 1 month after placing the order and in that case he has the right to cancel the order without costs and notice of default.
2.4 The place of delivery is the address that the consumer has made known to the company.
2.5 Blush Fashionstore's delivery obligation will, subject to proof to the contrary, be fulfilled as soon as the items delivered by Blush Fashionstore have been offered to the buyer once. In the case of home delivery, the report of the carrier, containing the refusal of acceptance, serves as full proof of the offer to deliver.
2.6 All terms mentioned on the website are indicative. Therefore, no rights can be derived from the terms mentioned.

3. Prices
3.1 Prices will not be increased during the term of the offer, unless legal measures make this necessary or the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in Euros and include 21% VAT.

4. Inspection period / right of withdrawal
4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (article 7:5 BW), the buyer has the right to return (part of) the delivered goods within a period of 14 days without giving any reason. This period starts at the moment that the ordered items have been delivered. If the buyer has not returned the delivered items to Blush Fashionstore after this period, the purchase is a fact. Before returning the items, the buyer is obliged to notify Blush Fashionstore of this in writing within the period of 14 days after delivery. The buyer must prove that the delivered items were returned on time, for example by means of proof of postal delivery. The items must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the items have been used, encumbered or damaged in any way by the buyer, the right to cancel within the meaning of this section lapses. Taking into account the provisions of the previous sentence, Blush Fashionstore will ensure that the full purchase price including the calculated shipping costs will be refunded to the buyer within 14 working days after receipt of the return shipment. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of withdrawal does not apply to:
- The right of withdrawal can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
- Services whose execution, with the consent of the consumer, has started before the term of seven working days.
- Goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence.
- Goods that have been manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character. -
For goods or services that cannot be returned due to their nature, for example due to hygiene or that can spoil or age quickly.
- Audio and video recordings and computer software of which the consumer has broken the seal. 
4.3 If the consumer exercises his right of withdrawal, the costs for return shipment are always at the expense of the consumer.
4.4 View the model form for cancellation/withdrawal  here  

5. Data management
5.1 If you place an order with Blush Fashionstore, your details will be included in the customer database of Blush Fashionstore. Blush Fashionstore complies with the Personal Data Protection Act and will not provide your details to third parties. See our Privacy Policy.
5.2 Blush Fashionstore respects the privacy of the users of the website and ensures that your personal details are treated confidentially.
5.3 Blush Fashionstore uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.

6. Warranty
6.1 Blush Fashionstore guarantees that the products it supplies meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and thereby guarantees the manufacturer's warranty of the product supplied to you.
6.2 The warranty period of Blush Fashionstore corresponds to the manufacturer's warranty period. However, Blush Fashionstore is never responsible for the ultimate suitability of the items for each individual application by the purchaser, nor for any advice regarding the use or application of the items.
6.3 The purchaser is obliged to immediately check the delivered items upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the purchaser must (before returning it to Blush Fashionstore) report these defects to Blush Fashionstore in writing within 24 hours. Any defects or incorrectly delivered goods must be reported to Blush Fashionstore in writing within 24 hours. Return of the goods must be made in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, shall completely forfeit this right to complain and return.
6.4 If complaints from the purchaser are found to be justified by Blush Fashionstore, Blush Fashionstore shall, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the purchaser regarding compensation, provided that the liability of Blush Fashionstore and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at the discretion of Blush Fashionstore) to the maximum amount covered by Blush Fashionstore's liability insurance in the relevant case. Any liability of Blush Fashionstore for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 Blush Fashionstore is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
6.6 This warranty does not apply if: A) and as long as the buyer is in default towards Blush Fashionstore; B) the buyer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise treated carelessly or in conflict with the instructions of Blush Fashionstore and/or the instructions for use on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
6.7 Defects that are not covered by the warranty. If the product is defective due to normal wear and tear, we unfortunately cannot compensate for this. Complaints for which we cannot provide compensation are:
- Normal wear and tear of the fabric;
- Defects caused by incorrect or intensive use;
- Excessive perspiration;
- Discoloration and transfer of clothing;
- Pilling of clothing;
- Defects caused by washing or drying;
- Defects caused by external influences, such as friction, sharp objects or chemicals;
- Defects in the water and wind resistance of clothing, unless strictly stated in the product description in our webshop.
- Items that cause physical discomfort due to the model, such as sweating or blisters.

7. Offers
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 If the buyer accepts a non-binding offer, Blush Fashionstore reserves the right to revoke the offer or deviate from it within 3 working days after receipt of that acceptance.
7.3 Verbal commitments only bind Blush Fashionstore after they have been expressly confirmed in writing.
7.4 Offers from Blush Fashionstore do not automatically apply to repeat orders.
7.5 Blush Fashionstore cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are only valid if agreed in writing.

8. Agreement
1 An agreement between Blush Fashionstore and a customer is concluded after an order has been assessed for feasibility by Blush Fashionstore.
8.2 Blush Fashionstore reserves the right to refuse orders or assignments without giving reasons or to accept them only on the condition that the shipment is made by cash on delivery or after advance payment. 8.3 Blush Fashionstore is entitled to carry out a check in the event of an order in which payment is chosen afterwards or by credit card. Based on this check, Blush Fashionstore can offer an alternative payment method or cancel the order. For larger amounts, Blush Fashionstore can stipulate as a condition that the order is sent by cash on delivery. In this case, Blush Fashionstore will pay the cash on delivery costs.
8.4 Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after delivery of the goods.

9. Images and specifications
9.1 All images; photos, drawings etc.; including data concerning weights, dimensions, colours, images of labels, etc. on the Blush Fashionstore website are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.

10. Force Majeure
10.1 Blush Fashionstore is not liable if and to the extent that its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any external cause, as well as any circumstance that in all reasonableness should not be at its risk. Delays or default by our suppliers, disruptions in the Internet, disruptions in the electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of Blush Fashionstore as well as by assistants, illness of personnel, defects in auxiliary or transport equipment are expressly considered force majeure.
10.3 In the event of force majeure, Blush Fashionstore reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. In no event shall Blush Fashionstore be obliged to pay any fine or compensation.
10.4 If Blush Fashionstore has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfil its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the purchaser is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or the part that can be delivered has no independent value.

11. Liability
11.1 Blush Fashionstore is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.

12. Retention of title
12.1 Ownership of all items sold and delivered by Blush Fashionstore to the buyer remains with Blush Fashionstore as long as the buyer has not paid the claims of Blush Fashionstore under the agreement or previous or subsequent similar agreements, as long as the buyer has not yet paid the work performed or yet to be performed under this or similar agreements and as long as the buyer has not yet paid the claims of Blush Fashionstore due to failure to comply with such obligations, including claims for fines, interest and costs, all as referred to in article 3:92 BW.
12.2 The items delivered by Blush Fashionstore that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The buyer is not authorised to pledge or encumber in any other way the items falling under the retention of title.
12.4 The purchaser hereby grants unconditional and irrevocable permission to Blush Fashionstore or a third party to be appointed by Blush Fashionstore to enter all places where its properties are located and to take those items with it in all cases in which Blush Fashionstore wishes to exercise its ownership rights.
12.5 If third parties seize the items delivered under retention of title or wish to establish or assert rights thereto, the purchaser is obliged to inform Blush Fashionstore thereof as soon as may reasonably be expected.
12.6 The purchaser undertakes to insure the items delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection by Blush Fashionstore upon first request.

13. Applicable law/competent court
13.1 All agreements are subject to Dutch law.
13.2 Disputes arising from an agreement between Blush Fashionstore and the buyer that cannot be resolved by mutual agreement will be heard by the competent court within the district of Overijssel, unless Blush Fashionstore prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court. 

The conditions are accessible to everyone and are included on the website www.blushfashionstore.nl. On request we will send you a written copy.

14. Identiteit van de ondernemer

M&G Creative Design B.V. (handelend onder de naam Blush Fashionstore) 
KvK-nummer: 86517430
Btw-nummer: NL863992833B01 
Adres: Harmoniestraat 20, 1951 AV Velsen-Noord 
E-mail: customerservice@blushfashionstore.nl