Terms and conditions
General Terms and Conditions from The Cushion Shop
Last update: July 5, 2017 (Points 5.4 and 5.5)
The Cushion Shop
5611 LB Eindhoven
Section 1. Terms
In these Terms and Conditions we mean with:
Every private person or corporation who contacts The Cushion Shop to establish an agreement.
Any agreement that is established between the buyer and The Cushion Shop, any amendment or supplement thereto, as well as all legal acts for the preparation and implementation of that agreement.
Any assignment of the buyer to The Cushion Shop. Orders can be placed through the web shop www.thecushionshop.com or via email at firstname.lastname@example.org.
Cushions, throw pillows, throws, rugs and other home accessories.
The services provided by The Cushion Shop including proceedings and delivery in the broadest sense, whether or not related to products.
Section 2. General
By placing an order, the buyer acknowledges that he agrees to these terms and conditions.
The Cushion Shop has the right to change these terms and its contents without notice, other than a mention of the last update date at the start of the terms.
The Cushion Shop ensures that the order is executed upon receipt of payment. The ordered products are delivered to the buyer, where the transport costs are for the buyer and the risk of transport for The Cushion Shop.
The Cushion Shop is authorized to use third parties for the execution of order(s).
The cushion Shop is entitled to refuse a buyer, without a reason, access to the system from The Cushion Shop.
Section 3. Offers/agreements
All offers from The Cushion Shop are non-committal and The Cushion Shop explicitly reserves the right to change prices, especially when this is necessary due to (legal) regulations.
An agreement is only concluded after the buyer has provided all required information to The Cushion Shop, The Cushion Shop has confirmed the order to the email address as specified by the buyer, and the payment is done.
The buyer must report any inaccuracies in the order confirmation immediately to The Cushion Shop after receipt. Failing that, the confirmation is considered to reflect the agreement correctly.
The Cushion Shop is entitled to refuse orders and/or to define certain delivery conditions, unless explicitly stated otherwise. If an order is not accepted, The Cushion Shop will notify the buyer within 10 working days after receipt of the order.
Section 4. Prices and payments
The prices for the products and services offered are in Euros and include 21% VAT. The owing (purchase) price with included taxes and additional costs for shipping are clearly stated in the order confirmation/invoice from The Cushion Shop.
All prices on the site are subject to type errors. For the effects of type errors no liability is accepted.
Payment of an online order is possible through various methods, such as credit card, PayPal or bank transfer. When paying by bank transfer, the date of crediting the bank account of The Cushion Shop is considered the payment date.
The Cushion Shop reserves the right to not offer one or more of the above payment options, for a certain or indefinite period.
The buyer is entitled to cancel or terminate an agreement in accordance with the Dutch legal provisions concerning online selling, in which case any payments will be refunded to the buyer as soon as possible (maximum 30 days) after notification from the buyer.
Section 5. Delivery/delivery time
The delivery time as mentioned by The Cushion Shop is only indicative. Exceeding the delivery time does not entitle the buyer to claim damages. When the delivery time is exceeded, the buyer will be informed by email or by phone about the expected delivery time. In accordance with the Dutch statutory regulations, the buyer is entitled to cancel the order without charges.
Once The Cushion Shop has received the payment, the order processing starts.
The Cushion Shop sends its products with regular mail via PostNL, with UPS and occasionally with other carriers. The Cushion Shop delivers its products worldwide.
All products are delivered to the door, to an address that is to be specified by the buyer. After a first delivery attempt, the procedure may vary per location and carrier. For example, a second delivery attempt follows or the receiver has to collect the order at a pickup point.
If the parcel is returned, for example due to an incorrect address or if it is not picked up by the receiver at a pickup point within the allowed time-frame, the order will be handled like a normal return. A refund will be paid to the buyer after deduction of the return shipping cost, whereby The Cushion Shop is entitled to charge the actual cost.
Section 6. Delivery and risk
The Cushion Shop is in no way responsible for misunderstandings, damage, delays or unclear transmission of orders and messages resulting from the Internet or any other communication medium in the traffic between The Cushion Shop and the buyer.
The colours of the products shown on the website may differ from the actual product colours.
Section 7. Shipping charges
The cushion Shop publishes a list of shipping rates on the page Delivery & Returns
Section 8. Deliveries and guarantees
The cushion Shop guarantees that each delivered product meets the normal requirements of reliability and usability. The products will be warranted as determined by their producers. For the house collection a warranty of one year applies.
There can be no guarantee if the wear can be considered normal, and further in the following cases:
– If changes to the product have been made, including repairs carried out without permission of The Cushion Shop.
– If damage is caused by intent, gross negligence or improper maintenance.
If the buyer believes that a product does not comply with the agreement or expectation, the buyer has the option to return or replace the product. The buyer must return the product within 30 calendar days after receipt and announce the return at email@example.com whereby mention of the order number and the word ‘Return’ suffices. The goods need to be sent back by the buyer. The cost of a return will be borne by the buyer. The Cushion Shop reserves the right to refuse returns with insufficient postage.
If the buyer just returns a part of the order, only the purchase price of that article will be refunded to the buyer and not the shipping costs.
Once The Cushion Shop has received the return in good order, the purchase price is refunded to the buyer within 14 calendar days after receipt.
If the buyer wants to exchange an article for another item, the buyer places a new order and receives a new invoice in which the shipping costs are calculated again. Any credit will be paid back to the buyer. Shipment to the buyer of an exchanged product will be covered by The Cushion Shop, but only at the first exchange.
Exclusion: fabric by the meter, made-to-measure cushions, rugs, poufs and wallpaper cannot be returned.
8.3. Defective/incomplete shipments
The risk of loss or damage to goods that are the subject of the agreement shall pass to the buyer at the moment that the goods are offered at the specified address and received. In the case of detection of failure, the buyer must report this to The Cushion Shop immediately after receipt of the goods. The costs of returns in the event of default are for The Cushion Shop.
Section 9. Retention of title
The ownership of the goods is transferred only if the buyer has met all that he owes The Cushion Shop under any agreement. The risk in respect of the goods passes to the buyer at the moment of delivery.
Section 10. Force Majeure
Notwithstanding other rights of The Cushion Shop, has The Cushion Shop in cases of force majeure the right, at its discretion, to suspend the execution of an order or dissolve the agreement without judicial intervention, by informing the buyer of this in writing and whereby The Cushion Shop is not liable for any damages, unless this would in the given circumstances be unacceptable according to standards of reasonableness and fairness.
Force majeure is defined as any failure that cannot be attributed to The Cushion Shop because it is not due to their fault and under the law, legal act or generally accepted conception it does not account for. Force majeure shall mean any circumstance beyond the will of The Cushion Shop whereby the compliance of their obligations to the buyer is wholly or partially prevented. These circumstances include strikes, fires, malfunctions, power failures, failures in (telecommunications) network or connection, or communication systems and/or (temporary) unavailability of the website, none or late delivery by suppliers or other third parties and the lack of obtaining any government issued license.
Section 11. Privacy
The Cushion Shop respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated. The Cushion Shop does not sell, share or rent this information to third parties in any other way than as disclosed in this statement.
Information from which the identity of an online visitor on the website of The Cushion Shop can be derived is voluntarily provided by the visitor. This information can within The Cushion Shop (and all businesses and brands from The Cushion Shop) be used with the aim of making visits to their sites as easy and enjoyable as possible. In addition, this information may be used for analysis and providing information about the product portfolio of The Cushion Shop. The buyer gives explicit permission for this. The Cushion Shop is in special cases entitled to disclose information about a visitor, when there is reason to believe that this is necessary to identify, to come in contact with or to bring legal action against someone who, intentionally or unintentionally, harms or damages the rights or property of The Cushion Shop, other users of their website or others who may suffer damage. The Cushion Shop is entitled to release information about users when we believe in good faith that the law requires it.
The Cushion Shop collects non-personal information about their online visitors to determine the total number of visitors to the website as well as the type of Internet browser and operating system used. Personal data can be removed at the request of the online visitor, insofar as this requires for The Cushion Shop disproportionate effort or expense.
Section 12. Miscellaneous
If the buyer specifies an address in writing, The Cushion Shop is entitled to send all orders to that address, unless the buyer specifies in writing to The Cushion Shop another address to which orders should be sent.
When The Cushion Shop for a short or longer period whether or not silent permits deviations from these General Terms and Conditions, this does not affect their right to demand immediate and strict compliance with these conditions. The buyer can never claim any rights on the grounds that The Cushion Shop applies these Terms and Conditions smoothly.
If one or more provisions of these Terms and Conditions or any other agreement with The Cushion Shop is contrary to any applicable rule of law, the provision will lapse and will be replaced by a new legally permissible similar provision to be defined by The Cushion Shop.
Section 13. Applicable law and competent court
To all rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, and also to these Terms and Conditions, only Dutch law applies.
All disputes between parties will be submitted to the competent court.
Section 14. Complaints
Complaints about the execution of the agreement are, promptly after the buyer has discovered the defects, fully and clearly described filed with The Cushion Shop.
The Cushion Shop answers the complaint within 14 days of receipt. If a complaint requires a longer processing time, the buyer receives within the same period of 14 days a confirmation of receipt and an indication when the buyer can expect a more detailed answer.
The buyer must allow The Cushion Shop at least four weeks to resolve the complaint by mutual agreement. After this period, a dispute occurs that is subject to dispute resolution.
Section 15. Dispute resolution
Disputes between the buyer and The Cushion Shop about the initiation or execution of the agreement may, subject as provided below, both be submitted by the buyer and The Cushion Shop to the Disputes Committee.
A dispute will only be dealt with by the Disputes Committee if the buyer has first submitted their complaint within a reasonable time to The Cushion Shop. If the complaint is not resolved, the dispute must – no later than 12 months after the date on which the buyer lodged the complaint with The Cushion Shop – be submitted to the Disputes Committee in writing or in another form determined by the commission.
If the buyer wants to submit a dispute to the Disputes Committee, The Cushion Shop is bound by this choice. Preferably, the buyer shall first inform The Cushion Shop.
The buyer can submit the dispute to the official Disputes Committee of the European Commission via the ODR (Online Dispute Resolution) platform: http://ec.europa.eu/consumers/odr/
When The Cushion Shop wants to submit a dispute to the Disputes Committee, the buyer will be informed in a written request. The buyer should reply in writing within five weeks of the request if they agree, or if they wish to submit the dispute by the competent court. If The Cushion Shop does not hear the choice of the buyer within the period of five weeks, then The Cushion Shop is entitled to submit the dispute to the competent court.
The Disputes Committee shall decide based on the conditions as laid down in the rules of the commission. The decisions of the Disputes Committee take the form of binding advice.
The Disputes Committee will not deal with or will terminate the dispute, if receivership is granted to The Cushion Shop, if it enters bankruptcy, or if it has actually terminated its business activities before a dispute is dealt with by the committee at the session and a final decision was delivered.