General sale and delivery conditions internet Ducky Beau
1. General
1.1 'Ducky Beau' is defined in these general conditions as the private company with limited liability Ducky Beau B.V., with registered office in Heukelom (5059 AN) on 4 Laag Heukelomseweg, tel: 0184-410100, fax: 0184-410304, CoC- number 17226891.
1.2 Ducky Beau employs for the websites www.DuckyBeau.nl en www.DuckyBeau.com. Ducky Beau is however not liable in case of errors, such as, for example – but not exclusive – price and misprints, on the website.
1.3 Ducky Beau has at all times the right to modify these general conditions and the content of its website.
2. Utilization
2.1 These general conditions apply to all the agreements and deliveries of Ducky Beau which, with respect to another third party further called: “Buyer”, close, respectively place orders through the Buyer on the internet website www.duckybeau.nl and/or www.duckybeau.com.
3. Special offers
3.1 All the special offers of Ducky Beau are free of obligations. When an article is not in stock, Ducky Beau has the right to deliver a similar product instead of the ordered one. If Ducky Beau sends a similar product and the Buyer does not want to keep that product, the costs of sending it back are covered by Ducky Beau.
3.2 Special offers are available until the stock is out. Daily offers and other special offers are applicable until the stock is out or during the indicated period, the shortest period being applied.
4. Gift vouchers
4.1 On www.duckybeau.nl the buyer can pay also with gift vouchers. This is only possible via www.duckybeau.nl and if they are valid up to one year after the purchase date. Vouchers are not convertible to cash and can only be used on www.duckybeau.nl and not at Ducky Beau's dealers and shops. Vouchers are not nominative and are transferable.
5. Agreement
5.1 Through the order of the Buyer and also through Ducky Beau´s acceptance, a distance purchase is effected between the Buyer and Ducky Beau. The accuracy of the Buyer´s order data entries are assumed by the Buyer. The purchase agreement between Ducky Beau and the Buyer can be dissolved under article 9 hereunder, within 7 working days from the Buyer´s receipt of the product. Only when the 7 days have elapsed, notwithstanding the actual delivery, the ownership of the product goes from Ducky Beau to the Buyer, respectively in the moment the payment is completed by the Buyer and chronologically, on the last moment between these 2.
5.2 If and as long as Ducky Beau is the owner of the product, the Buyer will inform Ducky Beau immediately if the product is confiscated or is in danger of being confiscated, or otherwise a claim is made (any part) regarding the product. Moreover the Buyer will request Ducky Beau to inform him first where the product is located. If confiscated, (provisional)moratorium of payment or bankruptcy, the Buyer will immediately foreclose the bailiff, the administrator or the trustee will point out the rights (ownerships) of Ducky Beau. The Buyer guarantees the seizure of the product will be immediately lifted.
5.3 From the conclusion of the agreement until the distance purchase, a confirmation email will be sent by Ducky Beau to the Buyer.
5.4 Ducky Beau holds the right in individual cases to decline an order, without giving any reason if it doesn`t wish to.
5.5 Ducky Beau holds the right to deliver an incomplete order in case of unforeseen circumstances. Ducky Beau will hereby inform the Buyer a.s.a.p., in which case the Buyer will only need to pay the indebted amount for the delivery.
5.6 If the product ordered by the Buyer is not in stock, Ducky Beau is authorized to send an equivalent product to fulfil the order of the Buyer. If the Buyer does not wish to keep that product, it will be returned at no costs within 7 working days after the receipt by the Buyer.
6. Prices
6.1 All the prices are warehouse prices of Ducky Beau, and are including of the Dutch turnover tax.
6.2 The prices rendered on the website can differ from the prices of the same products in the branch-stores where Ducky Beau`s products can be found.
6.3 Ducky Beau holds the right to change the prices listed in the confirmation email in case of errors, such as printing/ misprinting, or to correct omissions.
6.4 Ducky Beau is not responsible for such unforeseen errors or omissions.
7. Shipping costs of the products
7.1 All the prices of the products on this site are exclusive of the eventual shipping costs.
8. Shipping
8.1 Shipping will be made as soon as possible after the order confirmation email, and no later than 30 days, unless another longer period is agreed on. If the term of 30 days after the order confirmation is not met, Ducky Beau will inform the Buyer about this in time, and not later that 30 days from the order confirmation. The Buyer has, in this case, the right to dissolve the agreement without any costs. If an article is not available, Ducky Beau will notify the Buyer about this, and will refund the eventual payments within 30 days.
8.2 The Buyer can deliver the ordered products at home, but it is possible to deliver them at a foreign delivery address within the Netherlands if this is stated in the order.
8.3 Ducky Beau is authorized to deliver in portions. Eventual extra costs of the subsequent delivery will be supported by Ducky Beau.
8.4 In order to deliver an order, to be able to verify the accuracy of the Buyer`s order, Ducky Beau holds the right to approach the Buyer, via telephone or e-mail. This may lead to a delay in the delivery, delay which should not be raised against the Ducky Beau.
8.5 The Buyer can follow the progress of the order via the module Track & Trace from the TNT website, as soon as Ducky Beau delivers it to the TNT post. For this, people need the bar code, which they can find on the order when they log in with the password and user name on the website of Ducky Beau. From the moment Ducky Beau hands over the product to TNT for further delivery, Ducky Beau is not responsible for damages arising during the subsequent shipment.
9. Secure payment
Ducky Beau offers different methods for electronic payment.
9.1 Mastercard or Visacard. During the payment process the Buyer must fill in the credit card number, the expiry date and the CVV-CODE. Pay attention that the Buyer must fill in the name exactly as it is mentioned on the card. The Buyer`s payment will be further authorized online, so that the Buyer knows directly whether this was approved or not.
9.2 iDeal: If the Buyer uses the internet banking by Rabobank, ABN AMRO or ING, then the Buyer can arrange the payment for the order via our site in a safe electronic manner. An electronic payment via the internet is compared to a card payment in a shop. After the placement of the Buyer`s order, the Buyer chooses iDeal as method of payment. A screen will appear where the Buyer can choose the bank where he has internet banking. The Buyer then follows the procedure that the he is accustomed to when paying via internet banking. Mainly the payment will be processed on the same working day. For more information the Buyer should visit: www.ideal.nl.
9.3 The payment with Ducky Beau gift vouchers is also possible via the website www.DuckyBeau.nl
10. Not good, money back.
10.1 The Buyer is authorized to return the received product to Ducky Beau within 7 working days after their receipt. Statement of the reasons is hereby not necessary. The Buyer will find the return conditions at the frequently asked questions section on the web shop. If the conditions are not fulfilled, then Ducky Beau cannot accept the retour. Returning the products is done on the expense and risk of the Buyer. Ducky Beau will pay back the purchase price, exclusive of the originally shipping costs of the returned articles.
10.2 If the Buyer sends the article to the main office, Ducky Beau will refund the costs as soon as possible, not later than 30 days from the retour.
10.3 When the Buyer receives a damaged product, Ducky Beau will exchange it free of charges with the same product, if available, on the condition that the Buyer mentioned this within 7 working days from the receipt of the product, the product is unused and is in the packing. For this the Buyer must, within 7 working days from the receipt, act in compliance with the retour procedure as it is mentioned online at www.duckybeau.nl. If the above-mentioned conditions are not fulfilled, the exchange will not be performed.
10.4 When the Buyer has received another product instead of the ordered one, this will be exchanged by Ducky Beau free of charge with the product ordered by the Buyer (if in stock) on the condition that the Buyer announces this within 7 working days from the receipt of the product, the purchase is not used and is in the original packing. For this the Buyer must, within 7 working days from the receipt, act in compliance with the retour procedure as it is mentioned online at www.duckybeau.nl.
10.5 If the Buyer has returned the products, the Buyer must be able to prove this with a dispatch proof.
10.6 Ducky Beau is authorized to refuse return shipments sent too late and/or on obviously groundless reasons, as well as retour shipments for which costs were not paid in advance.
11. Warranty
11.1 Ducky Beau guarantees the products purchased from the company for 6 months.
11.2 Normal wear does not lead to any claims under warranty, any more than normal aging. Misuse or frequent washing can lead to complaints which are not covered by the warranty. In spite of the fact that Ducky Beau uses high-quality standards, the product can soon be broken because of crouching and dragging. Especially zippers and buttons are to such extent sensitive that they are excluded beforehand from the warranty, unless there is a manufacturing defect that will immediately alter upon first use.
12. Compensation
12.1 Ducky Beau is only liable for damage, considered on purpose or because of negligence, attributable to or caused by circumstances on the ground of the mandatory provisions of law rules for its own risk.
12.2 Circumstances, which are not included in each case under the risk of Ducky Beau are: strike, excessive sickness absence of the personnel of Ducky Beau, fire, sabotage, government measures, computer- and telephone interruptions of Ducky Beau, unusual price-rises problems of suppliers, transporters and involuntary disturbances or impediments as a result of which the realization of the agreement is more expensive and/or more problematic, such as storm damage and/or other natural disasters, as well as failures (“accountable shortcomings”) by auxiliaries of Ducky Beau or the Buyer, as a result of which Ducky Beau can not fulfil (anymore) its obligations towards the Buyer.
12.3 Ducky Beau is never liable to compensation for anything other than property damage, and the maximum amount per claim is of €1.000.
13. Applicable law / competent judge
13.1 All legal relationships between Ducky Beau and the Buyer are exclusively governed by the Dutch Laws.
13.2 All the disputes arising in connection with the present or further agreements, which originate from this, will be settled in accordance with the Regulation of the Netherlands Arbitration Institute or, if Ducky Beau chooses so, the competent judge of the place of residence or place of registered office of Ducky Beau or of the Buyer. The procedure will be handled in Dutch.
14. The Dutch text prevails
The Dutch text of these general conditions prevails over its translation.
15. Personal details
15.1 The data of the Buyer will be included in the files of Ducky Beau. This information will be used to execute the order of the customer.
15.2 The Customer can at any time have access to his data which is included in the files of Ducky Beau. Such a request can be submitted by e-mail, at the address: webshop@duckybeau.nl. The Customer is entitled to require the modification of the personal data, if it is not correct.
15.3 The personal data provided to Ducky Beau will be used for assessment, subscription and execution of an order and by the customer relations which organizes marketing activities on behalf of Ducky Beau, the collection of outstanding debts, the fight against fraud and the compliance with statutory obligations. This information is used only internally and is not handed over to other organizations for commercial purposes.
