Terms of service
1. Definitions
In these terms and conditions::
1.1 Additional agreement: an agreement in which the consumer acquires products and/or services in connection with a distance agreement and these goods and/or services by the Cyell are delivered or by a third party based on an appointment between the third party and Cyell;
1.2 Consideration time: the period within which the consumer can use his right of withdrawal;
1.3 Consumer: the natural person who, not acting for purposes related to his trade, business, craft or professional activity, purchases fashion items and/or shoes or gives them in repair with the entrepreneur;
1.4 Day: Calendar Day;
1.5 Digital content: data that is produced and supplied in digital form;
1.6 Sustainable data carrier: any tool-including e-mail-that enables the consumer or entrepreneur to store personally-oriented information in a way that future consultation or use for a period that is tailored to the purpose for which the Information is intended and that makes unchanged reproduction of the stored information possible;
1.7 Right of withdrawal: the possibility of the consumer to refrain from the remote agreement within the cooling -off period;
1.8 Entrepreneur: the natural or legal person, who offers products and/or services remotely to consumers;
1.9 Remote Agreement: an agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products and/or services, whereby up to and including the conclusion of the agreement, exclusively or also makes use of one or more techniques for remote communication;
1.10 Model form for withdrawal: the European model form for cancellation included in Annex I of these Terms and Conditions;
1.11 Product (s): fashion items, shoes, including other items expected to these items, insofar as they are sold by the entrepreneur;
1.12 Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room simultaneously;
2. Identity of the entrepreneur
- Name entrepreneur: Cyell E.g.
- Address: Einsteinweg 35e 3752LW Bunschoten-Spakenburg
- Telephone number: 033 -2997465
- E-mail address: Webshop@cyell.comic
- We are available by phone on Monday to Friday from 9 a.m. to 5 p.m.
- Chamber of Commerce number: 1069969
- VAT identification number: 810704808B01
3. General
These conditions apply to your use of the website www.cyell.com. Via the platform it is possible to make purchases in the webshop of Cyell. These general terms and conditions apply to all purchases via the platform.
It is possible to create an account where you must register your name, address, e-mail address and telephone number so Cyell can complete your possible purchase and order. When you create an account, you are responsible for the information that you provide is complete, current and correct and you are older than sixteen (16) years. It is not allowed to create an account in the name of someone else. You must also ensure a safe password and confidentiality of this yourself.
You may not use the platform in any way that is misleading, disruptive or in any other way in violation of the applicable legislation. You indemnify Cyell For all damage caused as a result of the unlawful use of the platform. In such a case Cyell Limit or block your possibilities for use.
Cyell reserves the right to change these conditions at any time. The latest conditions will always be found on the platform. Substantial changes are brought to the attention when using the platform. If you continue to use the platform after changes, you thereby accept the applicability of the changed conditions. If you do not wish to agree with the change, you can terminate the use of the website and remove the app.
4. Privacy and cookie policy applicable
On all actions, agreements, programs and their implementation, the privacy and cookie policy are from Cyell applicable. Therefore, read it carefully first.
5. Rights with regard to the platform
All intellectual property rights (copyrights, trademark rights and model rights) with regard to the website and via this accessible content (text, photos, and/or other material), are only based on Cyell Or her licensors.
Cyell gives you a limited, personal, revocable, not exclusive, non -licensee and non -transferable right to access, and use of the website, insofar as this is necessary in the context of the website and exclusively for personal, non -commercial purposes.
It is not permitted to perform actions that can infringe the intellectual property rights of Cyell, such as registering domain names, brands or advertisements that are similar or equal to any work on which Cyell has intellectual property rights. Neither download, reproduce, change, scrap, reverse engineer or disclose the website or parts thereof for other than personal, non -commercial purposes or otherwise, which means that Cyell damage can be caused.
6. Disclaimer
Cyell does its utmost to make the website function properly, but cannot give a guarantee with regard to the availability and its optimum use.
Cyell will issue the information about its products and additional services in the webshop with the greatest possible care. In the case of incorrect information about products or additional services, you cannot claim delivery based on this incorrect information.
Cyell Is at all times entitled to (temporarily) display (temporarily) out of use without prior notice and without being liable for damages and/or to limit the use thereof.
The website may contain hyperlinks with which you leave the website and end up on third parties websites. Cyell Does not bear responsibility and liability for the operation and/or content thereof. They use their own conditions and therefore also their own privacy and cookie policy. Consult it carefully before you use it.
Cyell does not accept liability for case or power damage or any other disadvantage in connection with the use or abuse of the website, insofar as this is legally permitted.
7.1 These General Terms and Conditions apply to remote agreements for purchase or making or entertaining products, concluded between Cyell and consumer.
7.2 Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur, before the distance agreement is concluded, will indicate how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
7.3 If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they You can easily save on a sustainable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be taken into account electronically and that they will be sent free of charge electronically or in any other way at the request of the consumer.
8.1 has an offer, unless the offer itself shows otherwise or has been agreed otherwise, a validity of two weeks, from the date of receipt.
8.2 The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to make a good assessment of the offer possible by the consumer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
8.3 Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the acceptance of the offer.
9.1 The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the compliance with the conditions set with it.
9.2 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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
9.3 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures for this.
9.4 The entrepreneur can inform himself within the legal frameworks whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible interlocutory. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
9.5 The entrepreneur will send the following information in writing or in such a way that the consumer can be stored in an accessible manner at a sustainable data carrier at the latest when the product or service to the consumer is delivered to the consumer:
• the visiting address of the entrepreneur's location where the consumer can go with complaints;
• the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear report on the exclusion of the right of withdrawal;
• the information about guarantees and existing service after purchase;
• the price including all taxes of the product; Insofar as applicable the costs of delivery; and the method of payment, delivery or execution of the distance agreement;
• If the consumer has a right of withdrawal, the model form for withdrawal.
10.1 The consumer can dissolve an agreement with regard to the purchase of a product for a cooling -off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to give his reason (s).
10.2 The cooling -off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:
• If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with a different delivery time.
• if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
10.3 Indien de ondernemer de consument de wettelijk verplichte informatie over het herroepingsrecht en het modelformulier voor herroeping niet heeft verstrekt, loopt de bedenktijd af twaalf maanden na het einde van de oorspronkelijke, overeenkomstig de vorige leden van dit artikel vastgestelde bedenktijd. As soon as the entrepreneur still meets his obligation to provide information regarding the withdrawal period and provides the model form for withdrawal, the cooling -off period expires 14 days after the day he did.
11. Consumer obligations during the cooling -off period
11.1 During the cooling -off period, the consumer will handle the product and the packaging carefully. It will only unpack or use the product to the extent that is necessary to determine the nature and characteristics of the product. The starting point is that the consumer lets all labels, price tags, stickers and the like attached to the product and only fits the product and does not wear/use.
11.2 The consumer is liable for value reduction of the product if the stated in paragraph 1 has not been met.
11.3 The consumer is not liable for value reduction of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal for or at the conclusion of the Agreement.
12. Exercise of the right of withdrawal by the consumer and costs thereof
12.1 If the consumer uses his right of withdrawal, he reports this to the entrepreneur within the cooling -off period by means of the model form or in a other unambiguous manner
12.2 As soon as possible, but within 14 days from the day following the report referred to in paragraph 1, the consumer will return the product, or will hand it over to (an authorized representative of) the entrepreneur, unless the entrepreneur has offered the product himself to get. The consumer has in any case observed the return period if he returns the product before the cooling -off period has expired.
12.3 The consumer returns the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
12.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
12.5 The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
12.6 If the consumer uses his right of withdrawal, all additional agreements will be dissolved by operation of law.
13. Obligations of the entrepreneur in the event of withdrawal
13.1 If the entrepreneur makes the consumer's notification possible in an electronic manner, he will send a confirmation of receipt immediately after receipt of this report.
13.2 The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer reports the withdrawal. Unless the entrepreneur offers to collect the product himself, he can wait to repay until he has received the product or until the consumer shows that he has returned the product, depending on what time falls earlier.
13.3 The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees with a different method. The reimbursement is free of charge for the consumer.
13.4 If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.
14. Exclusion of the right of withdrawal
The entrepreneur may be produced products that are manufactured according to the consumer specifications and are not prefabricated and that are made on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person, or sealed products that are not suitable for to be returned for the reason for health protection or hygiene and whose seal has been broken after delivery excluding the right of withdrawal. However, this is only possible if the entrepreneur has clearly stated this with the offer, at least in time for the conclusion of the agreement.
During the validity period stated in the offer, the prices of the products and/or services offered are not increased, subject to price changes as a result of changes in legal regulations or provisions (eg VAT rates). Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and the consumer has the authority to cancel the agreement with effect from the day on which the price increase starts. The prices mentioned in the range of products or services include VAT.
16. Complaints and extra warranty16.1 The entrepreneur guarantees that the products meet the agreement, the specifications stated in the offer, to the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement . If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
16.2 The entrepreneur does not guarantee defects as well as resulting damage caused after the delivery of the products as a result of improper use or lack of care, or that are the result of changes or repairs that the consumer or third parties have made to the delivered person .
16.3 Every shortcoming of the entrepreneur in the fulfillment of his obligations gives the consumer the power to dissolve the agreement in whole or in part, unless the shortcoming - in view of its special nature or minor significance - does not justify this dissolution with its consequences. Insofar as fulfillment is not permanent or temporarily impossible, the power to dissolve only arises when the deficiency party is in default.
16.4 When the entrepreneur is in default, the consumer can share in writing of replacement compensation instead of compliance. This conversion is not possible if the shortcoming - in view of its subordinate meaning - does not justify it.
16.5 An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement . Extra guarantee is understood to mean any commitment of the entrepreneur, his supplier, importer or producer in which he grants certain rights or claims to the consumer that go beyond what they are legally required in the event that he has failed to fulfill his part of the agreement .
17. Delivery and implementation
17.1 The entrepreneur will observe the greatest possible care when receiving and the implementation of products.
17.2 The address that the consumer has made known to the entrepreneur as a place of delivery.
17.3 With due observance of what is stated on this in Article 4 of these General Terms and Conditions, the entrepreneur will deliver within 30 days with due speed, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be carried out, the consumer will receive this no later than 30 days after he has placed the order, or if another delivery time has been agreed no later than the last day of the delivery time, report . In that case, the consumer has the right to give the entrepreneur in default and to give him a reasonable period of time for delivery. Then also does delivery remain, then the consumer has the right to terminate the agreement without costs and the right to any compensation. The consumer can immediately dissolve without further term if delivery within the original delivery time is essential or the consumer has communicated when concluding the agreement that this is essential. A notice of default is not necessary if the delivery has become permanently impossible or otherwise it has been found that the entrepreneur will not fulfill his obligations.
17.4 After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
17.5 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated and announced to the entrepreneur, unless explicitly agreed otherwise.
17.6 The entrepreneur can take the ownership of all products supplied by him. The consumer only becomes the owner of the products purchased if he has fully paid the purchase price and the multiple owed to the entrepreneur.
17.7 The entrepreneur can exercise the right of retention (entry) if the consumer fails to satisfy a claimable obligation, unless the shortcoming does not justify this return.
18.1 Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling -off period, or in the absence of a cooling -off period within 14 days after the conclusion of the agreement.
18.2 With a consumer purchase, the consumer may never be obliged in general terms and conditions to pay more than 50%. When prepayment is stipulated, the consumer cannot assert any rights regarding the implementation of the relevant order or service (s) before the stipulated prepayment has taken place.
18.3 The consumer has the duty to immediately report inaccuracies to the entrepreneur provided or stated.
18.4 If the consumer does not meet his payment obligation (s) in time, he will be informed by the entrepreneur on the late payment and the entrepreneur gives the consumer a period of 14 days to still meet his payment obligations. If payment is still not made, then the consumer owes the statutory interest on the amount still due and the entrepreneur may charge the extrajudicial collection costs incurred by him. These collection costs are a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40.
Unless otherwise agreed, the following is the following as a complaints procedure of the entrepreneur:
19.1 Complaints about defects in the execution of the agreement must be submitted to the entrepreneur in full and clearly described as soon as possible, but no later than two months after thereof.
19.2 At the request of the entrepreneur, the consumer must demonstrate that the agreement to which the complaint relates to the entrepreneur has been concluded.
19.3 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 answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
20. Disputes and applicable law
Disputes between the consumer and the entrepreneur about the creation or implementation of agreements with regard to products and services to be delivered or delivered by this entrepreneur can only be submitted to the competent court. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
21. Additional or different provisions
Additional or provisions deviating from these General Terms and Conditions must be recorded in writing in such a way that they can be stored in an accessible manner on a sustainable data carrier.