General Terms and Conditions of Flawser B.V.
By placing an order on www.olcaygulsen.com you are accepting to purchase a Product on and subject to the following terms and conditions of Flawser B.V. (the “General Terms and Conditions”). The General Terms and Conditions always apply between you and Flawser B.V.
when you use or place an order through the website www.olcaygulsen.com. The General Terms and Conditions contain important information for you as a customer of Flawser B.V.
Article 1 Definitions
Flawser B.V.: a private company (‘besloten vennootschap’) established under Dutch law, based in Amsterdam (The Netherlands) and registered with the Chamber of Commerce under file number: 63960087 which is the owner of the brand Olcay Gulsen
Site: the website www.olcaygulsen.com and subdomains.
Client: the natural person or corporation acting in the performance of a profession or business who enters into an Agreement with Flawser B.V.
Product(s): the product(s) as offered on the Site.
Agreement: any arrangement or agreement between Flawser B.V. and the Client of which the General Terms and Conditions form an integral part.
General Terms and Conditions: the present terms and conditions of Flawser B.V.
Article 2 Applicability of the General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers and deliveries from, and Agreements with Flawser B.V. unless otherwise explicitly agreed on in writing.
2.2 If the Client declares other provisions or terms applicable in his order, confirmation or through any other communication medium, such provisions will only be binding upon Flawser B.V. if and in so far as Flawser B.V. has explicitly accepted them in writing.
Article 3 Prices and Information
3.1 All prices as displayed on the Site and on other materials originating from Flawser include taxes and other levies imposed by the government unless stated otherwise on the Site.
3.2 If shipping costs are charged, these will be clearly stated on the Site before the Agreement is concluded. The shipping costs will be displayed separately in the ordering process.
3.3 The content of the Site is composed of the greatest care. Flawser B.V. can however not guarantee that all information on the Site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Site and on other materials originating from Flawser B.V. could include typographical and/or programming errors. Flawser B.V. cannot be held responsible for any wrong information about product or price on the site.
Article 4 Conclusion of the Agreement
4.1 The Agreement will be deemed to be concluded at such moment that the Client accepts the offer of Flawser B.V., which offer is subject to the General Terms and Conditions.
4.2 If the Client has accepted the offer by electronic means, Flawser B.V. will also confirm receipt of acceptance of the offer by electronic means.
4.3 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Flawser B.V. will have the right to suspend its obligations until the correct data has been received from the Client.
Article 5 Execution of the Agreement
5.1 As soon as Flawser B.V. has received a Client’s order and has confirmed the acceptance thereof, it will handover the Products to the shipping company as chosen by the Client in the ordering process. The shipping company will then send the Products to the Client.
5.2 Flawser B.V. is authorized to engage any third parties in the fulfilment of its obligations under the Agreement.
5.3 The Site includes information describing the manner of delivery of the Products and an estatimation of the term in which the Products will be delivered to the Client.
5.4 If Flawser B.V. is unable to deliver the Products within 14 days after the confirmation of acceptance of the order, it will notify the Client accordingly. In such event, the Client can decide to either agree to a new delivery date or to dissolve the Agreement without incurring any costs. 5.5 Flawser B.V. advises the Client to inspect the Products upon receipt and to report any defects within five working days after delivery in writing or by email.
5.6 As soon as the Product has been delivered to the delivery address submitted by the Client, the risk of the Product fully transfers to the Client.
Article 6 Withdrawal / Return
6.1 The Client has the right to return the Product within fourteen (14) days after the Product has been delivered to the Client.
6.2 The Client must inform Flawser B.V. of its wish to return the Product by sending an e-mail to firstname.lastname@example.org within the aforementioned period of fourteen (14) days after the Product has been delivered to the Client. This e-mail should include the following information: order number, name, phone number, e-mail address and delivery address. After receipt of this e-mail, Flawser B.V. will provide a Return number to the Client. After receipt of the return number, the Client will have an additional fourteen (14) days to return the Product to Flawser B.V. The costs for returning items are paid by the sender.
6.3 Returned Products must be unused, undamaged and returned in its original unopened packaging with its original packing slip. Returns attempted without satisfying all of the aforementioned conditions, will not be accepted.
6.4 The Client is responsible for the chosen shipping method of the returns. We advise you to use a registered shipping service.
6.5 After receiving and accepting the returned Products, Flawser B.V. will refund the total purchase price to the Client within 5 days.
Article 7 Payment
7.1 The Client shall pay the amounts due to Flawser B.V. in accordance with the ordering process and through the payment method selected on the Site.
Article 8 Warranties and Conformity
8.1 Flawser B.V. warrants that the Products are suitable for their intended use, as described on the Site.
8.2 If the delivered Product fails to satisfy the Agreement at delivery, Flawser B.V. must be notified thereof within a reasonable period of time, which is ultimately fourteen (14) days after delivery of the Product.
8.3 If a Product does not satisfy the Agreement and the Client has notified Flawser B.V. thereof within the period mentioned in article 8.2, the Product concerned will be repaired, replaced or (partially) refunded, such in consultation with the Client. Complaints after the period mentioned in article 8.2 will not be accepted by Flawser B.V.
Article 9 Complaints handling procedure
9.1 If the Client has any grievances in connection with a Product, or regarding any other aspects of the Site or service of Flawser B.V., it can submit a complaint by email or in writing.
9.2 Flawser B.V. will respond to the complaint as soon as possible, and in any case within five days after receipt of the complaint. If Flawser B.V. is unable to formulate a substantive response to the complaint within such period, Flawser B.V. will confirm receipt of the complaint within seven (7) days after receipt of the complaint and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Client.
Article 10 Liability
10.1 The total liability of Flawser. in respect of the Client due to an attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs).
10.2 Flawser B.V. cannot be held liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.
10.3 Except as otherwise explicitly provided for in this article 10, Flawser B.V. is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article 10.3, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Flawser B.V.
10.4 Flawser B.V. will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a written notice of default to Flawser B.V. without delay, stipulating a reasonable period of time in which Flawser B.V. has the possibility to remedy the default, and Flawser B.V. fails to cure the default within such period. The notice of default must contain a description of the default in as much detail as possible.
10.5 Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to Flawser B.V. as soon as possible, but no later than within thirty (30) days after the damage or loss has arisen.
Article 11 Retention of Title
11.1 As long as Flawser B.V. has not received full payment for the Products, Flawser B.V. will retain the ownership of the Products.
Article 12 Personal details
Article 13 Final provisions
13.1 The General Terms and Conditions and the Agreement are exclusively construed in accordance with and shall be exclusively governed by the laws of the Netherlands.
13.2 Any dispute arising out or in connection with the General Terms and Conditions and the Agreement, including disputes concerning the existence and validity thereof will if no amicable settlement can be reached, be resolved by the competent Dutch court in the district where Flawser B.V. has its registered office.