Terms

Article 1. Final
1.1 General Terms and Conditions (hereinafter referred to as “Conditions”): the following delivery and payment conditions apply to all sales via www.olivia-kate.nl. You agree to this when you place an order;

1.2 Company: www.olivia-kate.nl (hereinafter referred to as “Olivia & Kate”) is the trade name of Olivia & Kate and is a store that offers online clothing and related items to consumers through “distance purchasing”;

1.3 Consumer: a natural person or company who enters into a distance contract with the entrepreneur;

1.4 Agreement: a distance contract between Olivia & Kate and the consumer.

Article 2. Applicability
2.1 These terms and conditions apply to every offer from Olivia & Kate and to every distance contract concluded between the company and the consumer;

2.2 These terms and conditions always apply to all offers, orders and agreements concluded using the website www.olivia-kate.nl;

2.3 Before the distance contract is concluded, these terms and conditions will be made available via our website. Accepting an offer or placing an order means that these conditions have been accepted;

2.4 Deviations from the provisions of these conditions can only be made in writing. If any part of these conditions is deviated from, the other provisions will remain in full force. The consumer cannot derive any rights for future transactions from any agreed deviations;

2.5 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not recognized by Olivia & Kate.

Article 3. Agreements 
3.1 An agreement is only concluded after acceptance of your order by Olivia & Kate. Olivia & Kate is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, this will be communicated within five (5) working days of receipt of the order, stating the reason.

Article 4. Prices
4.1 All offers from Olivia & Kate are without obligation. Olivia & Kate expressly reserves the right to change prices, especially when this is necessary based on (legal) regulations;

4.2 The prices stated for the products offered are expressed in euros, including VAT. Shipping costs are not included in the prices stated (unless stated otherwise). Before concluding the agreement, the total price will be communicated via the website;

4.3 Olivia & Kate cannot be held liable for price statements that are incorrect, for example as a result of input, typographical or printing errors. No rights can be derived from unlawful price information.

Article 5. Payments
Payment is always made in full in advance.

5.1 Payment can be made in various ways as stated below and indicated during the ordering process. Further (payment/order) conditions may be imposed on a consumer's order. After placing an order, the consumer immediately receives a confirmation by e-mail stating the total costs;

5.1.1 iDeal: If you bank via the internet, including Fortis, Rabobank, ABN-AMRO, SNS Bank and ING, you can pay for your order electronically via our site in a secure manner. An electronic payment via the internet is comparable to a PIN payment in a store. After placing your order, choose the iDeal payment method. A screen will open where you can choose the bank with which you bank online. You then follow the procedure you are used to when paying via internet banking. In principle, the payment is processed the same working day. For more information, please refer to the iDeal website;

5.1.2 Directly and online by credit card payment (VISA, Maestro and Mastercard). Your payment is authorized online, so you know immediately whether it has been approved or not. No additional costs will be charged for payments by credit card;

5.1.3 In the event of bankruptcy or suspension of payment of the consumer (or an application therefor), Olivia & Kate's claims are immediately due and payable;

5.1.4 If Olivia & Kate has to outsource its claim for collection, the consumer owes a fixed amount of 15% of the extrajudicial collection costs due. If Olivia & Kate can demonstrate that it has necessarily incurred higher costs, these will also be borne by the consumer.

5.1.5. Payments for (online) invoices must be made according to Olivia & Kate's payment conditions. If payment has been made via a fashion check or VVV gift card, these must be paid in accordance with the relevant payment conditions. If the (online) invoices with a fashion check or a VVV gift card have been fulfilled, will be the amount of the return will be placed on an Olivia & Kate gift card.

Article 6. Delivery 
6.1 All items from the online shop are available from stock. Unfortunately, it may happen that an item is unexpectedly no longer available, in which case we will inform the consumer as soon as possible;

6.2 Olivia & Kate strives to ship all orders within 1 to 3 working days after receipt of payment. This is done to the delivery address specified when ordering. If the delivery time deviates for certain reasons, the consumer will be notified by e-mail. However, an order will in principle always be shipped within 1 to 3 working days after receipt of payment;

6.3 Exceeding the stated delivery time does not entitle the consumer to compensation, termination of the agreement or failure to fulfill any obligation that may arise for him from this or any other related agreement;

6.4 The order must be delivered to the consumer no later than 14 days after ordering. If it proves impossible to deliver an order within 14 days, the consumer will be informed in a timely manner and he has the right to cancel the order free of charge;

6.5 Delivery in parts is permitted;

6.6 Olivia & Kate's obligation to deliver will be fulfilled once delivery has been tendered;

6.7 In the event of refusal or non-collection of the offered delivery, return freight and storage costs, as well as the risk of damage or loss of the shipment, will be entirely borne by the consumer;

6.8 Products offered are depicted and/or described clearly and truthfully and as completely as reasonably requires. However, it may happen that color, type, text and/or price changes differ from reality.

6.9 Olivia & Kate is never responsible for consequential damages. 

Article 7. Retention of title 
7.1 Ownership of delivered products will only be transferred to the consumer if the latter has paid all that he owes to Olivia & Kate on the basis of the agreement(s) concluded in this regard.

Article 8. Return/Exchange of items 
8.1 We make every effort to inform you about the items via our website. If you nevertheless do not wish to purchase an item without giving a reason, you have the right to return and/or exchange the product in the store within 14 working days of receiving the order;

8.2 During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.. If he exercises his right to exchange, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to Olivia & Kate, in accordance with the reasonable and clear instructions provided by Olivia & Kate;

• The item must be reported to us within 14 days of receipt
• Briefs & swimwear may not be returned if the hygiene strip is no longer present (for hygienic reasons)
• The product must be returned to Olivia & Kate with all accessories supplied and – if reasonably possible – in its original condition and packaging. If the product is damaged or the packaging is damaged more than is necessary to try the product, we can pass on this depreciation of the product to you. So handle the product with care and ensure that it is properly packaged when returned.

8.3 Olivia & Kate will only accept returns/exchanges for which the instructions have been followed. Returns/exchanges not received within the specified time will not be accepted;

8.4 The consumer is responsible for returning the item(s);

8.5 The costs of returning are borne by the consumer, unless otherwise agreed.

8.6 Your return will be confirmed by email upon receipt of the goods. We will refund the purchase amount of the return to the account within 14 working days.

8.7 If the customer has paid shipping costs and returns the complete order, we are obliged to credit these shipping costs when this order has been returned to us in its entirety. The credited shipping costs amount to a maximum of €4.99 within the EU.

8.8  For returns of more than 4 items within the same order, a fee of €0.50 per additional item will be charged.

This fee is intended to cover the operational costs of returns processing and to make customers aware of the impact of excessive returns on the environment.

We strive for a more sustainable fashion industry and ask our customers to make conscious choices. Returns entail additional transport and packaging costs, which leads to a higher environmental impact. The return compensation is therefore not only a cost-saving measure, but also an incentive for responsible consumer behavior. 

Article 9. Complaints
Complaints regarding delivery and/or quality of your order

9.1 We do everything we can to deliver a perfect product. After receiving your order, you must immediately inspect the delivered goods and immediately report any defects in writing. If a garment has not been delivered in accordance with your order or does not meet the description on our website, you must report this to us immediately. You can do this by sending an email to webshop@olivia-kate.nl.

This warranty expires if you have attempted to repair the defect yourself without consultation and/or have not followed the operating instructions and/or instructions for use.

If you have such a complaint about an item you purchased from us, we would like to hear from you. You must report this to us immediately. You can do this by sending an email to webshop@olivia-kate.nl.

We will solve the problem in consultation with you as soon as possible. In all cases, the return instructions, as you receive them when registering your complaint, must be followed exactly.

In order to ensure that your complaint is handled smoothly, we request that you strictly follow our instructions.

We care about our products and logically do our best to deliver them in top condition. However, it sometimes happens that an order is damaged during transport or that something else happens that means you can make a claim under the warranty. We offer a 30 day warranty after purchasing the product. If the defect falls within the warranty, we will arrange repair or replacement free of charge. Complete the contact form and we will get back to you as soon as possible with a solution.

It can always happen that something doesn't go exactly as planned. We recommend that you first report any complaints to us by emailing webshop@olivia-kate.nl. If this does not lead to a suitable solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil. From February 15, 2016, consumers in the EU will also be able to register complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being processed elsewhere, you are free to file your complaint via the European Union platform.

Article 10. Liability
10.1 Any liability of Olivia & Kate, of Olivia & Kate's staff and products for all damage of any kind, direct or indirect, including business damage, consequential damage, damage to movable or immovable property or to persons, is expressly excluded. Nor is Olivia & Kate liable for damage caused by third parties during the execution of the agreement.

10.2 Olivia & Kate accepts no liability for any damage resulting from the use of Olivia & Kate products.

10.3 Any liability of Olivia & Kate towards the buyer is in any case limited to a maximum of the invoice amount that the buyer owes to HIPP under the relevant agreement.

10.4 Olivia & Kate is not liable for misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the internet or any other means of communication in the traffic between the consumer and Olivia & Kate, or between Olivia & Kate and third parties, insofar as they relate to the relationship between the consumer and Olivia & Kate, unless and insofar as there is intent or gross negligence on the part of Olivia & Kate.

Article 11. Force majeure 
11.1 In the event of force majeure, Olivia & Kate has the right, at its own discretion, to suspend the execution of a consumer's order or to terminate the agreement without judicial intervention, by communicating this in writing and without Olivia & Kate being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.

11.2 Force majeure means any shortcoming that cannot be attributed to Olivia & Kate, because it is not its fault and is not its responsibility under the law, legal act or generally accepted views.

Article 12. Copyrights
12.1 All photos, texts, illustrations and other works on our website are “works” within the meaning of the Copyright Act and the additional copyrights belong to Olivia & Kate. Copying these works is prohibited unless expressly stated or agreed otherwise.

12.2 Any unlawful infringement of Olivia & Kate's copyrights will be prosecuted.

Article 13. Applicable law and competent court 
13.1 All rights, obligations, offers, orders and agreements to which these conditions apply, as well as between Olivia & Kate and the consumer to which these conditions apply, are exclusively governed by Dutch law.

13.2 Any disputes between Olivia & Kate will initially be settled by the competent court in Amsterdam, the Netherlands.

Article 14 - Right of withdrawal

When delivering products:

1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. 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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

When providing services:

1. When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 15 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.

Article 16 - Exclusion of right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

a. which have been created by the entrepreneur in accordance with the consumer's specifications;

b. that are clearly personal in nature;

c. which by their nature cannot be returned;

d. that can spoil or age quickly;

e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygienic products of which the consumer has broken the seal.

 2. Exclusion of the right of withdrawal is only possible for services:

a. regarding accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;

b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;

c. concerning betting and lotteries.

Article 17 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
3. 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 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer must first contact the entrepreneur. If the online store is affiliated with the WebwinkelKeur Foundation and for complaints that cannot be resolved by mutual agreement, the consumer must contact the WebwinkelKeur Foundation (www.webwinkelkeur.nl), he will mediate for free. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet found, the consumer has the option to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.

Questions, complaints or comments
If you have any questions and/or comments about these conditions after reading these conditions, we kindly request that you contact us in writing, by telephone or by e-mail.

Olivia & Kate
Jan van Krimpenweg 9 
2031CE Haarlem
E: webshop@olivia-kate.nl
W: www.olivia-kate.nl

All rights are reserved. Nothing from these conditions may be reproduced, copied, stored and/or distributed without our written permission. 

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This page was last modified on November 24, 2022.