Terms & Conditions
1. Definitions
1.1 In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise or the context otherwise requires:
- Alchemist Fashion: the user of these general terms and conditions: Alchemist Caroline Mewe, established at Melbournestraat 3A in Lijnden, registered with the Chamber of Commerce under Chamber of Commerce number 33.18.26.55;
- agreement: the agreement concluded via the website; customer: the natural person who acts for purposes outside his trade, business or profession and who concludes an agreement with Alchemist Fashion via the website;
- product: the product that Alchemist Fashion offers via the website;
- website: the website www.alchemist-fashion.com.
2. General
2.1 The general terms and conditions mentioned here apply to every agreement between Alchemist Fashion and the customer that is concluded via the website.
2.2 Any deviations from these general terms and conditions are only valid if agreed in writing or by e-mail.
2.3 If deviating provisions have been agreed for certain subjects regulated by these general terms and conditions, these general terms and conditions shall remain in force for the remainder of the agreement. Agreed deviations shall never apply to more than one agreement.
2.4 If one or more of the provisions in these general terms and conditions are null and void or are annulled, the other provisions of these general terms and conditions will remain fully applicable. The null and void or annulled provisions will be replaced by Alchemist Fashion, whereby the purpose and scope of the original provision(s) will be taken into account as much as possible.
3. Offer
3.1 Offers are without obligation.
3.2 The Alchemist Fashion offer on the website is valid while stocks last.
3.3 Offers do not automatically apply to future agreements.
3.4 Obvious mistakes or errors in the offer on the website do not bind Alchemist Fashion.
3.5 The range offered on the website is subject to change.
4. Account
4.1 The customer can create an account on the website. The customer must fill in and submit the online registration form for this purpose. After the registration for the account has been successfully completed, Alchemist Fashion will immediately send the customer a confirmation of the registration by e-mail.
4.2 The customer undertakes to provide his correct name, address and other requested data upon registration. Alchemist Fashion is not responsible for shortcomings resulting from the provision of incorrect data.
4.3 The account is personal and non-transferable.
4.4 The customer is at all times responsible for his account on the website and login details. The customer must carefully keep his login details to himself and under no circumstances pass these login details on to third parties.
4.5 It is not permitted to create multiple accounts.
5. Website
5.1 Alchemist Fashion does not guarantee that the website will operate without interruptions or errors or that all errors will be corrected.
5.2 Alchemist Fashion is entitled to make changes to the website at any time.
6. Terms of Use
6.1 When using the website, the customer must act in accordance with what may be expected of a responsible and careful internet user.
6.2 The customer is not permitted to circumvent or crack the security applications on the website.
6.3 The customer is not permitted to use the website in such a manner that the proper functioning of computer systems of Alchemist Fashion or third parties is affected or that other users of the website are hindered or obstructed.
7. Prices and shipping costs
7.1 All prices stated on the website are inclusive of VAT, exclusive of shipping costs and exclusive of any import duties.
7.2 The amount of the shipping costs will be clearly communicated to the customer before the customer can confirm the order.
7.3 Alchemist Fashion has the right to adjust its prices from time to time.
8. Conclusion of the agreement
8.1 The agreement is concluded after the customer has completed the entire ordering process via the website and has clicked on the button “Order with payment obligation”.
8.2 The agreement can only be concluded via the website after the customer has clicked to agree to these general terms and conditions.
8.3 After the agreement has been concluded via the website, Alchemist Fashion will immediately send the customer a confirmation via e-mail. This confirmation e-mail will include the order number and other details of the customer's order. If the customer has not received a confirmation e-mail from Alchemist Fashion, the customer should contact Alchemist Fashion's customer service.
9. Payment
9.1 The following payment options are offered to the customer:
- via iDEAL;
- by credit card (Mastercard and Visa);
- PayPal.
9.2 If delivery is made on account, the customer must pay the invoice amount within the payment term stated on the invoice.
9.3 If the customer does not pay on time, a reminder will be sent to the customer requesting the customer to pay the outstanding invoice within a reasonable period. If the customer does not pay the invoice within the period set in the reminder, a reminder will be sent to the customer. If the customer does not respond to the reminder, Alchemist Fashion can hand over the claim to a debt collection agency or bailiff's office. From the moment the customer is in default until the moment the full outstanding amount has been paid, the statutory interest will be charged to the customer. The collection costs will be charged to the customer in accordance with the Extrajudicial Collection Costs Standards Act.
10. Delivery and delivery period
10.1 The product will be sent to the address specified by the customer.
10.2 The stated delivery period is not to be regarded as a fatal term.
10.3 If Alchemist Fashion cannot deliver the product within 30 days after the agreement has been concluded, Alchemist Fashion will inform the customer of this by e-mail and the customer will then have the right to terminate the agreement free of charge, unless a longer delivery period has been expressly agreed with the customer. If the customer terminates the agreement, Alchemist Fashion will refund any amounts already paid within 14 days after the termination.
10.4 The risk of the product passes to the customer at the moment the customer has received the product.
10.5 The customer is responsible for all import duties, customs formalities and taxes related to the product.
11. Assembly
11.1 If Alchemist Fashion assembles the product at the customer's premises, an appointment will be made with the customer for the assembly.
11.2 The customer is responsible for ensuring that the location where the product is to be installed is suitable for this purpose.
11.3 Alchemist Fashion will only charge the customer for installation if the customer has expressly agreed to these installation costs.
12. Right of withdrawal
12.1 The customer has the right to cancel the agreement within 14 days without giving reasons. This period starts from the moment the customer has received the entire order from Alchemist Fashion. The customer will be informed of this right of withdrawal by e-mail before delivery or in writing upon delivery of the ordered products.
12.2 If the customer wishes to exercise his right of withdrawal, the customer must expressly notify Alchemist Fashion of this within 14 days after receipt of the entire order. The customer will be provided with the “model withdrawal form” that the customer can use if he wishes to terminate the agreement.
12.3 After the customer has invoked his right of withdrawal, the customer must return the product to Alchemist Fashion within 14 days, provided it is unused, undamaged and unchanged and, if reasonably possible, in the original packaging. The customer is allowed to try on the product as a garment or to put on the product as an accessory.
12.4 The customer can also, without first informing Alchemist Fashion that he is invoking his right of withdrawal, return the product to Alchemist Fashion within the withdrawal period as described in article 12.1. In such a case, the customer must enclose the “model withdrawal form” or another unambiguous statement showing that the customer is invoking his right of withdrawal with the return shipment.
12.5 The customer must sufficiently stamp the package he returns.
12.6 If the returned products are damaged, incomplete or used, this damage will be deducted from the amount that Alchemist Fashion refunds to the customer in accordance with Article 12.9.
12.7 If the customer terminates the agreement in accordance with this article, the shipping costs associated with returning the product will be borne by Alchemist Fashion.
12.8 The risk of the return shipment rests with the customer, unless the product is collected from the customer by Alchemist Fashion.
12.9 In the event of a dissolution as described in this article, Alchemist Fashion will refund any monies already paid (purchase price + shipping costs for sending and returning the product) within 14 days after the customer has invoked his right of dissolution.
12.10 The customer will be sent a document called “Information regarding the exercise of the right of withdrawal” explaining to the customer the procedures regarding the right of withdrawal.
13. Return address
13.1 The products must be returned to the following address: Bleckmann, Dept. Alchemist, Nijverheidstraat 28, 7575 BJ Oldenzaal, The Netherlands
14. Conformity
14.1 Alchemist Fashion guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded.
14.2 If the delivered product does not correspond to the agreement, the customer must contact Alchemist Fashion customer service within 2 months after the customer discovered the defect.
14.3 If Alchemist Fashion has delivered a defective product, Alchemist Fashion will credit the invoice amount of the product and refund it to the customer or, if the customer so wishes, a new product will be sent to the customer.
14.4 In order to investigate whether the delivered product is defective, Alchemist Fashion may require the customer to return the product to Alchemist Fashion at Alchemist Fashion's expense.
15. Liability
15.1 The information and services on the website may contain technical inaccuracies and/or typographical errors. Alchemist Fashion is not liable for such inaccuracies and/or errors.
15.2 The functioning of the website can be interrupted by, for example, a malfunction or maintenance. Alchemist Fashion is not liable for damage in the event of temporary unavailability of the website. Alchemist Fashion can never guarantee that the data on the website is correct.
15.3 Alchemist Fashion will do everything in its power to keep the accuracy of this data as consistent as possible. External influences, for example by hackers, are always possible and can lead to distorted data. Alchemist Fashion is not liable for this distorted data.
15.4 Alchemist Fashion is not liable for damage of any nature whatsoever resulting from Alchemist Fashion relying on incorrect and/or incomplete information provided by the customer.
15.5 Alchemist Fashion cannot be held liable in any way for the loss of a user name and password used by the customer. Alchemist Fashion cannot be held responsible if unauthorized third parties use the customer's login codes.
15.6 The colours that can be seen on the customer's screen may differ from the colours that the product actually has. Alchemist Fashion is not liable for such colour deviations.
15.7 Alchemist Fashion is not liable for any accidents with or due to the product or damage to the product due to, for example, incorrect or unskilled use, use contrary to the instructions for use or because the product has been incorrectly assembled or installed by the customer or by a third party engaged by the customer.
15.8 Alchemist Fashion is not liable for mutilation or loss of data as a result of sending the data using telecommunications facilities.
15.9 Alchemist Fashion accepts no liability towards the customer for indirect or consequential damage, including (but not limited to) loss of data, loss of profit, turnover or missed savings.
15.10 If Alchemist Fashion is liable for any damage, then the liability of Alchemist Fashion is limited to the amount of the payment made by the insurer of Alchemist Fashion. If the insurer does not pay out in any case or the damage is not covered by the insurance, then the liability of Alchemist Fashion is limited to the invoice amount, or at least to that part of the agreement to which the liability relates.
15.11 The limitations of liability for direct damage included in these general terms and conditions do not apply if the damage is due to intent or deliberate recklessness on the part of Alchemist Fashion or its subordinates.
16. Force Majeure
16.1 Alchemist Fashion is not obliged to fulfil one or more obligations under the agreement or to pay compensation in the event of force majeure. Force majeure includes, among other things: a non-attributable shortcoming of third parties, virus infection and computer hacking by third parties, traffic disruption, weather conditions, internet disruption, power failure, fire, theft, government measures, as well as any other situation over which Alchemist Fashion has no (decisive) control.
16.2 If Alchemist Fashion knows or suspects that it cannot deliver the order (partly) on time due to force majeure, Alchemist Fashion will inform the customer of this as soon as possible by e-mail. In such a case, article 10.3 also applies.
17. Customer service and complaints
17.1 For questions about the order or to file a complaint, the customer can contact the customer service of Alchemist Fashion. The customer service of Alchemist Fashion can be reached in the following ways:
By telephone: 020-6156900 during office hours
Via the email address: customerservice@alchemist-fashion.com
17.2 If possible, telephone questions will be answered immediately. If this is not possible, the customer will be informed within what period the customer can expect an answer.
17.3 For any question and/or complaint submitted by e-mail that cannot be answered immediately, a confirmation of receipt will be sent to the customer, stating within what period the customer can expect an answer.
17.4 Complaints will be handled by Alchemist Fashion within 30 days in any case.
18. Privacy
18.1 Alchemist Fashion processes personal data in accordance with the Personal Data Protection Act.
19. Applicable law and competent court
19.1 All rights, obligations, offers and agreements to which these general terms and conditions apply are exclusively governed by Dutch law.
19.2 All disputes between the customer and Alchemist Fashion will be submitted to the competent court in the district where Alchemist Fashion is established. The customer has 1 month after Alchemist Fashion has invoked this clause in writing to the customer, to choose to have the dispute settled by the legally competent court.