General Terms and Conditions of Karnevalswierts Webshop BV
of the website is subject to the following provisions:
information on this website is protected by the Dutch Copyright Act and/or
Databases (Legal Protection) Act, unless stipulated otherwise by law.
Information and products supplied via the website may not be reproduced, stored
in a computerised database or made public in any form or in any manner, whether
electronically, mechanically, in the form of photocopies or otherwise, unless
the prior written consent of “Karnevalswierts Webshop B.V.” has been obtained.
Insofar as copies may be made pursuant to art. 16h to 16 m of the Dutch Copyright Act 1912 in conjunction with the Decree of 27 November 2002, Bulletin of
Acts and Decrees 575, the fee payable by law for this must be paid to Stichting
Reprorecht (Dutch Publishing Rights Organisation) in Hoofddorp (Postbus 3060,
2. The website
treats information provided by the user as confidential. Information submitted
by the user when placing an order with Karnevalswierts Webshop B.V. may be included
in a personal data register as defined in the applicable legislation. If the
user discovers that information relating to him is not correct, he must notify
Karnevalswierts Webshop B.V. of this.
Karnevalswierts Webshop B.V. will treat the user's personal data as confidential and will
use this only for its own administration. This personal data will not be made
available to third parties.
4. The total
liability of Karnevalswierts Webshop B.V. on account of failure to carry out any
performance is – without prejudice to the above – at all times limited to compensation
for the direct loss or damage up to an amount equal to the price stipulated for
5. Access to
the website is granted on a strictly personal basis. A login name, password
and/or other means of identification may only be used by the natural person who
first registered this information, and solely for his own use of this website.
The user is not permitted to use the product information offered via the website
in such a way that this leads or may lead to any form of exploitation –
commercial or otherwise – of these products or any part thereof by the user or
a third party.
terms and conditions of Karnevalswierts Webshop B.V. may apply to the use of
products offered via the website, even if these are accessible free of charge.
7. The General
Terms and Conditions of Karnevalswierts Webshop B.V. apply to products of Der
Karnevalswierts B.V. These are given below.
Terms and Conditions of Karnevalswierts Webshop B.V.
at the Office of the Court in Maastricht on february 1, 2007. filing number 4/2007 AL
order and conclusion of the agreement
and delivery period
and claims; returns
A.10 Retention of title
A.11 Intellectual and
industrial property rights
A.12 Personal data
A.13 Liability of
Karnevalswierts Webshop B.V. and indemnity
A.14 Termination of the
A.15 Applicable law and
terms and conditions, the following terms will have the meanings given below:
Supplier: The private
company with limited liability Karnevalswierts Webshop B.V., with registered office
and principal place of business at Heliumstraat no. 10 in 6422 PK
Customer: The person
who has concluded an agreement directly with Karnevalswierts Webshop B.V. as
referred to in these terms and conditions for the delivery of or to place an
order for goods and/or electronic products.
In writing is
to be understood to mean: by letter, by fax or by electronic means.
general terms and conditions apply to all offers of the supplier and to all
current and future agreements between the supplier and the customer.
and/or deviating terms and conditions of the customer are rejected, unless the
supplier has explicitly accepted these in writing.
general terms and conditions be amended, the amended version will form part of
any agreement between the supplier and the customer concluded after the time at
which the change comes into force.
Offer, order and conclusion of the agreement
of the supplier are entirely without obligation, unless explicitly stipulated
otherwise in writing. Should a quotation or offer of the supplier contain an
offer without obligation and this offer is accepted by the customer, the
customer will, when making a purchase in the store and/or branch, have 8 days
within which to exchange the goods and/or products. On request, the customer
will be given a credit note for the purchase price. The credit note may not be
exchanged for cash.
When making a purchase via the webshop of the supplier, the customer may return
the goods and/or products within 7 days, without giving any reason. The
customer must pay the shipping costs (see A.4).
agreement between the supplier and the customer will come into effect as a
result of an order being placed in writing or verbally (by telephone). By
placing a written or verbal order, the customer accepts the general terms and
acceptance by the supplier referred to in the previous subclause may take place
via any means of communication. This also applies if the customer has placed
the order by means of electronic communication.
is not in any way obliged to make means available to the customer for detecting
or correcting input errors by the customer. The content of the order placed by
the customer as received by the publisher is deemed to be correct. Input errors
and other mistakes made when placing the order are for the account and risk of
insofar as the customer is a natural person not acting in the course of a
profession or business and the purchase falls under distance selling as
referred to in article 46a et seq, Book 7 of the Dutch Civil Code, the
provisions of this clause A.4 will also apply.
The supplier will register
the customer's data free of charge. Any liability of the supplier for the
registration of such data is excluded. A copy of a valid identity document may
be requested by the supplier. To be registered with the supplier, the customer
must truthfully complete the electronic order form on the website www.karnevalswierts.com
and email this to the supplier. When placing an order, the customer chooses a
personal user name and password. The user name must not violate the provisions
of the law regarding names and/or trademarks. The customer must keep his
password secret. The customer declares that he is not bound or obligated in any
way as a result of his registration other than to accept these general terms
and conditions. The customer may delete his registration at any time. Changes to
personal details must be made by the customer himself and the customer himself
is responsible for these.
Choosing a product. The customer may also select and order products via the
website. The product is clearly described and can be ordered to size. The customer
may be asked to give his height and weight.
By clicking on the ordered product on the website, the customer can place this
in his virtual “basket”. The total price including VAT will be displayed at the
end of the order.
Before the final order is placed, the customer will be asked whether the
quantity and price are correct and to confirm this.
the provisions of clauses A.9.1 and A.9.2, the customer is entitled to cancel the
distance purchase within 14 working days of receipt of the goods delivered
by the supplier, without giving any reason. This right to cancel must be
exercised by means of a written notification sent to the supplier, which must
reach the supplier within the period given in the previous sentence. Products
purchased via the Webshop may only be returned to the
Karnevalswierts Webshop BV, Heliumstraat 10 in 6422 PK Heerlen, Nederland
Karnevalswierts Webshop BV, Abt. Versanddepot Deutschland, Otto-Hahn-Strasse 17, 50997 Köln-Godorf, Deutschland
Products purchased via our Webshop may not be exchanged at or returned to our
In the case
described in A.4.2, the consumer must return the delivered goods with
sound packaging and must also provide the original despatch documents.
If the consumer is employing his rights to cancellation then he only
has to pay the return postage costs. If the consumer has based an appeal
on his so-called cancellation rights, then he can claim a refund(whitout shipping).
Karnevalswierts Webshop BV will
pay the amount back within 30 days.
provisions of A.4.2. of this clause will not apply should the agreement between
the supplier and the customer relate to:
a. goods that have been
made to the customer's specifications;
b. goods that are
clearly personal in nature;
c. goods that cannot be
returned given the nature of the goods;
d. goods that quickly
e. goods that have been
used or damaged.
f. piece goods that have been personally
made-to-measure for you (such as materials,marabu and sewing accessories).
by the supplier are subject to the provisions of clause A.7, with the exclusion
of the provisions of article 46f Book 7 of the Dutch Civil Code.
placed by customers from EU Member States will be deemed to have been placed
with the supplier, Karnevalswierts Webshop B.V., with registered office in the
Netherlands at Heliumstraat no. 10 in 6422 PK Heerlen. The agreement is
subject to Dutch law pursuant to the Vienna Sales Convention (CISG), in view of
the provisions of article 1, paragraph 1 opening words under a., in conjunction
with article 3 paragraph 1. Dutch law is also applicable pursuant to article 3
paragraph 1 and article 4 paragraphs 1 and 2 of the Convention on the Law
applicable to Contractual Obligations.
in electronic form will come into effect by means of a confirmation by the
supplier, in accordance with articles 6:231 to 6:247 of the Dutch Civil Code.
into the agreement, the supplier and customer agree that Dutch law will apply
and that the Maastricht court will be competent to hear disputes relating to
Prices and rates
Goods are sold,
delivered and made available at the prices charged by the supplier at the time
of the conclusion of the agreement.
expressly agreed otherwise with the customer in writing, the prices charged by
the supplier are inclusive of turnover tax and any other levies imposed by the
government and exclusive of shipping costs.
reserves the right to alter the prices. Barring other agreements, amended prices
will apply as from the time at which these are introduced.
price be increased, the supplier will notify the customer of this insofar as
this is reasonably possible. If the customer cannot agree to the price increase
announced by the supplier, the customer is entitled to dissolve the agreement
concluded with the supplier by sending a written extrajudicial declaration to
the supplier. Should the supplier not have received such a declaration within
30 days of receipt by the customer of the notification about the price
increase, or at least within 30 days of the time at which the customer could
reasonably have taken note of the price increase, the customer will be deemed
to have agreed to the price increase.
is not liable for errors in any offers via the Webshop, catalogue or other promotional
costs are depending on the country. The supplier is entitled to change these costs
unilaterally, if the cost of shipping increases or decreases. The minimum order
amount is €10.00 per purchase. Pay on delivery cost 5 Euro additional to shipping costs.
will be issued with an invoice, which will be handed over when the goods are
delivered. The purchase price is paid in full when the order is placed. The
order must be paid for immediately by credit or debit card (no additional
charge is levied for this). Payment on delivery: You pay the total cost cash
of your order when it is delivered with UPS.
The goods or
products will remain the property of the supplier after payment has been made.
The customer will become the owner of the products or goods once delivery has
actually been made, that is, once the UPS employee has handed the order over to
the customer or to the person authorised to take delivery of the order on
behalf of the customer. The risk in respect of the goods or products will pass
to the customer at the same time as this actual and legal transfer of
Invoicing and payment
express written consent of the supplier has been obtained, the customer may not
set off his payment obligations vis-à-vis the publisher against claims the
customer has against the supplier for whatever reason.
is entitled to demand payment in advance, cash payment or security for the
payment of the customer at any time.
In the event
of non-payment, the customer will be in default without notice of default being
required and the supplier will be entitled to charge the statutory interest as
from the due date of the invoice.
Should the customer fail to make payment or fail to pay on time, the customer
will also owe the supplier extrajudicial costs, which will be calculated on the
basis of Recommendation II of the Voorwerk 2 report (report on
extrajudicial costs from the Netherlands Association for Jurisprudence),
without prejudice to the supplier's right to charge the customer the actual
costs incurred and any judicial costs, should these exceed the amount
calculated in this way.
customer fail to make payment or fail to pay on time, or should the customer
fail to properly fulfil any obligation incumbent upon him, the supplier will be
entitled to dissolve the agreement without judicial intervention and to cease
any further delivery, without prejudice to the right of the supplier to demand
fulfilment or compensation for the loss or damage suffered as a result of the
dissolution of the agreement, from the customer.
Delivery and delivery periods
will deliver the goods and/or products as quickly as possible after receipt of
the order for such goods and/or products. The supplier will deliver the goods
and/or products if the ordered goods (the ordered products) are in stock.
According to the
“mail order law” the supplier must deliver within 30 days. If this does not
happen the consumer can annul the purchase immediately without charge.
is entitled to suspend the fulfilment of its obligations vis-à-vis the customer
for so long as the customer has not fulfilled all his payment obligations
arising from any legal relationship with the supplier. This suspension will
apply until the customer has fulfilled his obligations vis-à-vis the supplier
in full. Should unforeseen events, including strikes, government measures,
disasters, delays and unforeseen machine failures, occur, the supplier will be
entitled to extend the delivery period by at least the period during which
these circumstances continue to exist. The supplier may dissolve the agreement.
majeure is to be understood to mean any failure to execute the agreement which
cannot be attributed to the supplier or customer since it is not due to fault
on the part of the supplier or customer and the customer is not accountable for
this by law, by juristic act or according to generally accepted standards.
In the event
of temporary force majeure, including where the goods/products ordered by the
customer are temporarily out of stock, the supplier is entitled to extend the
envisaged delivery period by the period during which the situation of force
In the event
of permanent force majeure, which is to be understood to mean circumstances beyond
the control of the supplier and customer and over which the supplier and
customer cannot reasonably be expected to exert any control, and which make it
impossible to deliver the goods or make these available, including where the
goods purchased have been sold out, the supplier or the customer will be
entitled to dissolve the agreement without judicial intervention. In the event
of force majeure, the customer cannot claim any compensation for the loss
suffered by him from the supplier, without prejudice to the provisions of
article 6:78 of the Dutch Civil Code.
Complaints and claims
agreed otherwise, the customer must submit complaints about the goods or
products delivered or made available within ten working days of the goods or
products having been delivered or made available, or at least within a
reasonable period of having discovered a defect, in writing and with a clear
description of the complaint. Should the customer fail to submit such a notification,
any claim against the supplier in respect of defects in the goods or products
delivered or made available will lapse.
agreed otherwise, the customer is only entitled to return goods or products to
the supplier if damaged goods or products and/or goods or products other than
those ordered have been delivered or made available to him.
is obliged to return the goods or products, including the original shipping
documents and/or original address label, properly packaged to
Karnevalswierts Webshop B.V., Heliumstraat no. 10 in 6422 PK Heerlen and must give
the reasons for the return in writing when returning the goods, unless
expressly agreed otherwise. After receiving these returned goods or products,
the supplier will, if it believes that returning the goods or products was justified,
deliver or make available a further set of the goods or products ordered by the
customer as quickly as possible, with a target delivery period of 20 days. A
return shipment from the customer may be rejected if the costs are no longer in
proportion. The customer may not return the goods or products where the
complaints are of minor significance.
Excluded from the right of return are wigs, make up, pantys and socks, sanitary products.
Retention of title and risk
The supplier will retain ownership of all (movable) goods delivered to the
customer by it for so long as the customer has not fulfilled all his (payment)
obligation(s) vis-à-vis the supplier pursuant to the agreements, deliveries or
making goods or products available, including claims with regard to any failure
in the performance of such agreements.
The customer undertakes, now and for henceforth, to establish a non-possessory
pledge on all the (movable) goods referred to in clause A.10.1, at the first
request of the supplier, insofar as the supplier's retention of title in
respect of these goods may prove to have been extinguished at any time, or to
provide other security for the benefit of the supplier.
The risk in respect of the goods or products delivered or made available to the
customer by the supplier will be borne by the customer as from the time of the
actual delivery of such goods or products to the customer.
Intellectual and industrial property rights
All copyright and any other intellectual and industrial property rights as well
as similar rights, including related rights and rights relating to the
protection of databases, information and/or performances in respect of or in
relation to the goods or products delivered and/or made available to the
customer by the supplier, are vested solely in the supplier. For the
application of this clause A.11, “supplier” is also to be understood to mean a
third party from whom the supplier has acquired rights, as referred to herein,
under licence with regard to the goods and products referred to herein.
Unless the prior written consent of the supplier has been obtained, the
customer may not (and this applies, if necessary, in addition to the copyright
or related rights of the supplier as referred to in clause A.11.1) reproduce or
make public (reproductions of) all or part of any goods or products delivered
and/or made available to the customer by the supplier if this is done (a) for
the benefit of an undertaking, organisation or institution, (b) for home study or
use which is not strictly private in nature or (c) for inclusion in any daily
or weekly newspaper, magazine or journal (in digital form or otherwise) or in a
radio or television broadcast, unless these general terms and conditions
No provision of the agreement concluded with the customer or agreements arising
therefrom between the supplier and the customer will have the effect of wholly
or partially transferring the rights referred to in clause A.11 to the customer
unless expressly agreed otherwise in writing. The customer acknowledges these
rights and will refrain from any form of (in)direct infringement of these
rights on pain of a penalty of €2,500.00 due and payable in full for each infringement
or each week that the infringement continues, without prejudice to the other
rights to which the supplier is entitled in this regard, including the right to
fulfilment and/or full compensation.
Should it come to the customer's notice that third parties are infringing the
rights referred to in clause A.11.1, the customer must immediately notify the
supplier of this in writing. The customer must not take action, at law or
otherwise, in any way whatsoever against such an infringement unless the
written consent of the supplier has been obtained. Should the supplier decide
to take action against infringing third parties, at law or otherwise, the
customer must provide all the assistance requested by the supplier, at the
The customer may not alter or remove or arrange for the alteration or removal
of any notices relating to rights as referred to in clause A.11.1 or notices
with trademarks or trade names of the supplier or third parties placed in or on
the goods or products delivered or made available to him, all in the broadest
Unless the parties expressly agree otherwise, the customer is obliged to notify
those persons whose personal data has been included in the addresses made
available of the fact that the personal data relating to them has been made
available to the customer by the supplier.
The customer must furthermore fulfil all the obligations incumbent upon him in
respect of privacy legislation.
The customer hereby indemnifies the supplier against all claims of third
parties against the supplier resulting from the customer's failure to (fully)
fulfil the provisions of this clause.
Liability of the supplier and indemnity
Although the utmost care has been taken with regard to the content of the goods
or products delivered by the supplier, the absence of any errors or omissions cannot
be guaranteed. The supplier of the products or goods accepts no liability
whatsoever for any errors or omissions or for the use of the said goods or
products by the customer. The supplier therefore only accepts statutory
obligations to pay compensation insofar as this is apparent from this clause
The presence of a defect will never give the customer the right to suspend or
set off his payment obligations with regard to goods or products delivered or
The total liability of the supplier on account of a non-attributable failure in
respect of its obligation to deliver any performance is limited to compensation
for direct loss up to a maximum of an amount equal to the price stipulated for
such performance (excluding turnover tax).
Direct loss is to be
understood to mean:
reasonable costs incurred by the customer in order to make the performance
of the supplier conform to the agreement concluded;
reasonable costs incurred to establish the cause and extent of the loss, insofar
as this relates to direct loss as defined in this clause;
reasonable costs incurred to prevent or reduce the loss, insofar as the
customer shows that these costs led to the reduction of direct loss as
defined in this clause.
The liability of the supplier for indirect loss, including consequential loss,
loss of profit, lost savings, loss as a result of business stagnation and any
loss or damage other than that referred to in clause A.13.3 is excluded.
The supplier is not, furthermore, liable for loss or damage suffered by the
customer, or any third party, regardless of the type of loss or damage or the
reason for this, resulting from incorrect and/or injudicious use by the
customer or any third party of the goods or products delivered or made
available by the supplier.
Apart from the cases referred to in clause A.13.3, the supplier is not in any
way liable to pay compensation, regardless of the grounds on which any action for
compensation is based.
The customer may only invoke the consequences of an attributable failure to
perform an agreement concluded with the supplier after the customer has given
the supplier proper written notice of default and the supplier still fails to
perform even after the expiry of the reasonable period set in such notice of
default. The notice of default must contain as detailed a description of the
failure as possible, so that the supplier is able to verify these shortcomings and,
if necessary, rectify them.
The existence of any right to compensation is always conditional upon the customer
notifying the supplier of the loss in writing as quickly as possible and within
a reasonable period, and in any event within 30 days of this having arisen.
A series of connected loss-causing occurrences will be regarded as a single
occurrence for the application of this clause.
The customer hereby indemnifies the supplier against all claims of third
parties in respect of goods or products delivered and/or made available by the
Termination of the agreement
The supplier is entitled to dissolve the agreement with the customer with
immediate effect by means of a written notification and without (further) prior
notice of default should:
The customer, despite having been given proper notice of default, fail imputably
in the fulfilment of any obligation incumbent upon him;
The customer be declared bankrupt, submit a request for the application of a
debt rescheduling arrangement or be placed in receivership or under
The customer's goods be attached in connection with substantial debts and this
attachment lasts for longer than two months.
Should the agreement be terminated, all payments owed by the customer to the
supplier will be immediately due and payable in full.
The supplier will never owe the customer any compensation or payment on account
of the aforementioned termination of the agreement, without prejudice to the
supplier's right to claim full compensation on account of the customer's
violation of his obligations as referred to above and without prejudice to the
other rights to which the supplier is entitled in this regard.
Applicable law and disputes
Every agreement concluded by the supplier with the customer in respect of the
purchase of goods and products directly from the store of the supplier is
subject exclusively to Dutch law, with the exclusion of the United Nations
Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Sales Convention).
All disputes arising from or relating to an agreement concluded between the
supplier and the customer will be submitted exclusively to the competent judge
of the Maastricht court insofar as statutory provisions do not dictate
Should goods or products be purchased from a German branch, German law will
apply and the Amtsgericht in Aachen (D) will have jurisdiction.
All notifications within the framework of the fulfilment of the agreement(s)
concluded between the supplier and the customer and these general terms and
conditions must be made in writing.
All costs incurred by the supplier, both at law and otherwise, to preserve or
exercise its rights vis-à-vis the customer pursuant to the agreement concluded
with the customer and/or these general terms and conditions, will be for the
account of the customer.