Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in the event of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Continuing performance contracts: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the trader, which a consumer can fill in when they wish to exercise their right of withdrawal.
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader being present in the same room at the same time.
Terms and Conditions: these Terms and Conditions of the trader.

Article 2 - Identity of the trader

Francisbyfb B.V.

Francisbyfb B.V.
Freark Damwei 36, 8914 BM Leeuwarden, the Netherlands
Chamber of Commerce (KVK): 42104188
Branch number: 000041114531

VAT identification number: NL869749717B01

Article 3 - Applicability

These terms and conditions apply to every offer made by the trader and to every distance contract concluded and every order placed between the trader and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.
If, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.
If one or more provisions of these terms and conditions are at any time wholly or partially void or are annulled, the remainder of the contract and these terms and conditions will remain in force, and the provision in question will be replaced without delay, by mutual agreement, with a provision that approximates the purport of the original as closely as possible.
Situations not covered by these terms and conditions must be assessed ‘in the spirit’ of these terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The trader is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
All images and specification data in the offer are indicative and cannot give rise to compensation or termination of the contract.
Product images are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This relates in particular to:

the price including taxes;
any shipping costs;
the manner in which the contract will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period during which the trader guarantees the price;
the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract will be archived after its conclusion and, if so, how the consumer can consult it;
the way in which the consumer, before concluding the contract, can check the data they have provided in connection with the contract and, if desired, correct it;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 - The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.
The trader may - within the legal framework - find out whether the consumer can meet their payment obligations, as well as all those facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, the trader is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
The trader will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the visiting address of the trader’s establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information on warranties and existing after-sales service;
the information included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
Items from the Christmas sale/end of the year sale cannot be returned. If they are returned anyway, store credit will be given.
- For reasons of hygiene, swimwear, headwear and jewellery cannot be returned.
- All products must be unworn and in their original condition
- The order must be returned in its original packaging with all tags attached.
- Should the product be damaged, or the packaging be damaged more than is necessary to sell the product, we may charge you for this reduction in the value of the product/the product will be sent back. So please handle the product with care and make sure it is properly packaged when returned.
- It may take a few days for a return request to be accepted. The return request will always be accepted if it falls within 14 days of receipt of the parcel.
- Return costs are at your own expense
- Returns are processed within 14 business days
- Returns that are not registered within 14 days of receipt and sent back within the following 14 days will not be accepted. Francisbyfb will not make an exception to this for any reason whatsoever.
- If, for whatever reason, you wish to return your online purchase, you can register unused items for return within 14 days of receipt.
- Items that have been exchanged cannot be returned
In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Every contract is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

As a customer, you have the legal right to register a product for return within 14 days of receipt without giving any reason. After this period, you as a customer have a further 14 days to actually send the product back.

When delivering products:

When purchasing products, the consumer has the option of terminating the contract without giving any reason for a period of 14 days. This cooling-off period starts on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader.
During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all accessories supplied and - if reasonably possible - in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 30 days of receipt of the product. The consumer must give this notification by means of the model form or by another means of communication, such as by e-mail. After the consumer has made known that they wish to exercise their right of withdrawal, the customer must register the order within 14 days of receipt and send it back within the following 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of proof of shipment.
If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not made known that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.

When delivering services:

When services are delivered, the consumer has the option of terminating the contract without giving any reason for a period of at least 14 days, starting on the day the contract is entered into.
In order to exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader in this regard with the offer and/or at the latest upon delivery.

All products must be unworn and in their original condition.
The order must be returned in its original packaging with the associated labels/tags.
Should the product be damaged, or the packaging be damaged more than is necessary to sell the product, we may charge you for this reduction in the value of the product or the product will be sent back. So please handle the product with care and make sure it is properly packaged during a return.
If a product arrives dirty/defective and/or damaged, we may charge you for this reduction in the value of the product or the product will be sent back.
The shipping risk lies with the buyer; we advise using Track and Trace.
If the order is returned to us outside the return period, we will not accept it and it is up to us what we do with it.
If the purchased product is defective/dirty/damaged, you must contact us within 7 days of the delivery date. This is mandatory. If an item reaches us defective/not in its original condition and this has not been reported, we cannot determine the cause.
All items are checked by us before shipping.
If payment was made with a gift voucher and the order is returned, the refund will also be issued as a gift voucher.

Article 7 - Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, no more than the costs of return shipment will be borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.
In the event of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any reduction in the value of the product.
The consumer cannot be held liable for a reduction in the value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase contract is concluded.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:

that have been created by the trader in accordance with the consumer’s specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or become outdated quickly;
whose price is subject to fluctuations in the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
relating to bets and lotteries.

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be stated with the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

they result from statutory regulations or provisions; or
the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 30 business days of delivery. The products must be returned in their original packaging and in new condition.
The warranty period is 30 days after receipt.
The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the trader and/or have been handled contrary to the instructions on the packaging;
the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the trader will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Continuing performance contracts: duration, termination and renewal

Termination

The consumer may terminate a contract that has been entered into for an indefinite period and that provides for the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract that has been entered into for a fixed period and that provides for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
With regard to the contracts referred to in the previous paragraphs, the consumer may:

terminate them at any time and not be limited to termination at a specific time or in a specific period;
at least terminate them in the same manner in which they were entered into by the consumer;
always terminate them with the same notice period that the trader has stipulated for itself.

Renewal

A contract that has been entered into for a fixed period and that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a contract that has been entered into for a fixed period and that provides for the regular delivery of daily newspapers, news and weekly papers and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.
A contract that has been entered into for a fixed period and that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract provides for the regular, but less than once a month, delivery of daily newspapers, news and weekly papers and magazines.
A contract with a limited duration for the regular delivery of daily newspapers, news and weekly papers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
The consumer has the duty to report any inaccuracies in payment details provided or stated to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 2 months after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
In the event of complaints, a consumer must first contact the trader. If the online shop is affiliated with Stichting WebwinkelKeur, and in the case of complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option of having their complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur; its decision is binding and both the trader and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee concerned. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the trader and the consumer to which these terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Terms and conditions

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