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Terms and Conditions

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and associated costs
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Long-term transactions: duration, termination, and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or deviating provisions
Article 20 - Amendment of the Thuiswinkel General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Long-term agreement: an agreement aimed at the regular delivery of goods, services and/or digital content over a certain period;
Durable data carrier: any tool - including email - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more means of distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I does not need to be provided if the consumer does not have a right of withdrawal regarding his order;
Means of distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Entrepreneur name: Fashiontiger.
Trading under the name(s):
- Fashiontiger

Registered address:
Admiraliteitskade 90B, 3063EG, Rotterdam

Visiting address:
Admiraliteitskade 90B, 3063EG, Rotterdam

Availability

24/7 hours

Email address: klantenservice@fashiontiger.nl

Chamber of Commerce number: 88675912

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
Within legal frameworks, the entrepreneur may ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, provide the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not require the consumer to state his reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
for agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:

The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not require the consumer to state his reason(s).
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium if not informed about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.
If the entrepreneur provides the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer receives that information.

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs

If the consumer makes use of his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.
If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity that has not been made ready for sale in a limited volume or quantity begins during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal or the model withdrawal form, or;
the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

he has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period prior to its delivery;
he has not acknowledged losing his right of withdrawal when giving his consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer makes use of his right of withdrawal, all supplementary agreements are automatically dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
The entrepreneur uses the same means of payment for reimbursement that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
Agreements concluded during a public auction. A public auction is defined as a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:

the performance has begun with the express prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
Products made to the consumer's specifications, which are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which, after delivery, are by their nature irrevocably mixed with other products;
Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions to these;
The supply of digital content other than on a tangible medium, but only if:

the performance has begun with the express prior consent of the consumer; and
the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the agreement and additional guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
An additional guarantee means any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.

Article 13 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Long-term transactions: duration, termination, and extension

Termination:

The consumer may terminate an agreement entered into for an indefinite period and which is aimed at the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and which is aimed at the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;
at least terminate in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

An agreement entered into for a definite period and which is aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
In deviation from the previous paragraph, an agreement entered into for a definite period and which is aimed at the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period and which is aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement is for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular introduction delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of a service agreement, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
If the consumer does not fulfill his payment obligation(s) on time, he is, after being notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, liable for the statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.
Customers can pay at Fashiontiger with the fashioncheque. When an order (in whole or in part) is paid with a fashioncheque and is subsequently returned, the customer will not receive a refund on the original fashioncheque. Instead, the customer will receive a Fashiontiger gift card for the amount paid with fashioncheque. This Fashiontiger gift card can only be used at Fashiontiger and is valid for two years.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service or the entrepreneur's service can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent to both the relevant entrepreneur and Thuiswinkel.org.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Disputes between the consumer and the entrepreneur regarding the conclusion or performance of agreements relating to products and services to be supplied or supplied by this entrepreneur may, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP The Hague (www.sgc.nl).
A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer should first notify the entrepreneur.
If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must, within five weeks after a written request from the entrepreneur, state in writing whether he also wishes this or wants the dispute to be handled by the competent court. If the entrepreneur does not hear the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee will make a decision under the conditions set out in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of binding advice.
The Disputes Committee will not handle a dispute or will discontinue the handling if the entrepreneur has been granted a suspension of payment, has gone bankrupt or has actually ceased business activities, before a dispute has been handled by the committee at a hearing and a final decision has been made.
If, in addition to the Thuiswinkel Disputes Committee, another recognized or SGC (Foundation for Consumer Disputes Committees) or Kifid (Financial Services Complaints Institute) affiliated disputes committee is competent, the Thuiswinkel Disputes Committee is preferably competent for disputes mainly concerning the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.

Article 18 - Industry guarantee

Thuiswinkel.org guarantees compliance with the binding advice of the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after its dispatch. This guarantee is revived if the binding advice is upheld after review by the court and the judgment evidencing this has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by Thuiswinkel.org. For amounts greater than €10,000 per binding advice, €10,000 will be paid. For the remainder, Thuiswinkel.org has a best-efforts obligation to ensure that the member complies with the binding advice.
To apply this guarantee, the consumer must make a written claim to Thuiswinkel.org and transfer his claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to transfer his claim for the amount exceeding €10,000 to Thuiswinkel.org, after which this organization will, in its own name and at its own expense, seek payment thereof in court for the benefit of the consumer.

Article 19 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 20 - Amendment of the Thuiswinkel General Terms and Conditions

Thuiswinkel.org will not amend these general terms and conditions except in consultation with the Consumers' Association.
Amendments to these terms and conditions will only take effect after they have been published in an appropriate manner, it being understood that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
PO Box 7001, 6710 CB Ede

Annex I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you wish to withdraw from the contract)

To: [ name of entrepreneur]

[ geographical address of entrepreneur]

[ fax number of entrepreneur, if available]

[ email address or electronic address of entrepreneur]

I/We* hereby inform you that I/we* withdraw from our agreement regarding

the sale of the following products: [description of product]*

the supply of the following digital content: [description of digital content]*

the performance of the following service: [description of service]*,

withdraw/withdraws*

Ordered on*/received on* [date of order for services or receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)

* Delete as appropriate or fill in as applicable.