Terms and conditions

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Long-term transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these conditions the following is understood as:

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day:calendar day;
Long-term transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information enables.
Right of withdrawal:the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form:the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
Entrepreneur:the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, is made of one or more remote communication techniques;
Technology for distance communication:means that can be used to conclude an agreement, without the consumer and entrepreneur coming together in the same room at the same time.
General Terms and Conditions:the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Francisca Bruinsma

Email address: Customerservice@francisbyfb.com

Chamber of Commerce number: 73041920

Chamber of Commerce data:

Helicoweg 52

8914AT

Leeuwarden

VAT identification number: NL002425318B24

Phone number: 05825581

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur'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, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be read by the consumer can be stored in a simple manner on a durable data carrier. will be sent free of charge electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that applies to him in the event of conflicting general terms and conditions. is most favorable.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in effect and the provision in question will be immediately replaced by a provision in mutual consultation. that approaches the purport of the original as much as possible.
Situations not regulated in these terms and conditions should be assessed 'in the spirit' of these terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Pictures with products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.This concerns in particular:

the price including taxes;
any costs of shipping;
the way in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after the conclusion, and if so, on which date it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and if desired rectify the data provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur 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 case of a duration transaction

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration.
Items from the Christmas sale/end of the year sale cannot be returned. If this does happen, a shop credit will be given.
- Swimwear, headgear and jewelery cannot be returned for reasons of hygiene
- All products must be unworn and in their original condition
- The order must be returned in its original packaging and with all tags attached.
- If the product is damaged or the packaging is more damaged than necessary to sell the product, we can pass on this depreciation of the product to you/the product will be refunded. So treat the product with care and make sure that it is well packaged when you return it.
- It may take a few days for a return request to be accepted. the return request is always accepted if it falls within 14 days after receipt of the package.
- Return costs are for your own account
- Returns are processed within 14 working days
- Returns that are not returned within 14 days of receipt will not be accepted. Francisbyfb makes no exception to this for whatever reason.
- If for any reason you wish to return your online purchase, you can register unused items as a return within 14 days of receipt.
- Items that have been exchanged cannot be returned
In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the conditions precedent of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

On delivery of products:

When purchasing products, the consumer has the option of dissolving the contract without giving reasons during 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. Sample sale items are excluded from this and cannot be returned.
During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must make this known by means of the model form or by means of another means of communication, such as by e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
If the customer has not indicated that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

On provision of services:

When services are provided, the consumer has the option of dissolving the contract without giving reasons for at least 14 days, starting on the day of entering into the contract.
To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur 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/cards.
If the product is damaged or the packaging is more damaged than necessary to sell the product, we can pass on this depreciation of the product to you or the product will be returned. So treat the product with care and make sure that it is well packaged during a return.
If a product arrives dirty/defective and/or damaged, we can pass on this depreciation of the product to you or the product will be returned.
The shipping risk is for the buyer, we recommend using Track and Trace.
If the order is returned to us outside the return period, we will not accept it and it is in our hands what we do with it.
If the purchased product is defective/dirty/damaged, we must be contacted within 7 days of the delivery date. This is mandatory. If an item arrives to us defective/not in its original condition and this has not been indicated, we cannot determine the cause.
All items are checked by us before shipping.
Sample sale items may not be returned.
At the time that payment has been made with a voucher and the order is returned. Will this also be refunded as a voucher.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of the return shipment will be at most for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer, unless the consumer expressly consents to another payment method.
If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for a decrease in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the purchase agreement is concluded.

Article 8 - Exclusion of right of withdrawal

The entrepreneur can 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 entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
which by their nature cannot be returned;
that can spoil or age quickly;
of which the price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
concerning betting 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 due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

these are the result of legal regulations or provisions; or
the consumer has the authority to cancel the agreement 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 entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing conditions on the date of the conclusion of the agreement. statutory provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 working days after delivery. Products must be returned in the 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 himself or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
the defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 11 - Delivery and performance

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications 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 expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if a order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination and renewal

Cancellation

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been entered into for a definite period and that extends to 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 cancellation rules and a notice period of at most one month.
The consumer can cancel the agreements referred to in the previous paragraphs:

cancel at any time and not be limited to termination at a specific time or period;
at least cancel in the same way as they have been entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
In derogation from the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has may terminate the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

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

Article 13 - Payment

Unless agreed otherwise, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this term after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
In case of complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has not yet been reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge

Article 15 - Disputes

On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general 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 data carrier..