These terms and Conditions apply to all offers, agreements and other statements under which CIRCE The Label deliver Products to the Customer, except where specified otherwise in writing by CIRCE The Label.
Article 1 Definitions
- In this general term and conditions of CIRCE The Label (“Term and Conditions”) words, abbreviations and expressions written with a capital letter have the meanings given in article 1.3 of these Term and Conditions or the meaning given in the Agreement.
- The word “including” shall mean including without limitation or prejudice to the generality of any description, definition, term or phrase preceding that word, and the word “include” and its derivatives shall be construed accordingly.
- “Consumer”: means the natural person not being a natural person who is acting in the exercise of a profession or business
- “Customer”: means the business entity or natural person or natural person, being a natural person who is acting in the exercise of a profession or business, that enters into an Agreement with CIRCE The Label or plans to buy the Products of CIRCE The Label.
- “CIRCE The Label”: CIRCE The Label a trade name of CIRCE The Label Powered by AVD Asset Management B.V. a limited company under the laws of the Netherlands registered at Burgemeester den Texlaan 50, 2111 CE Aerdenhout, the Netherlands, registered with the Chamber of Commerce under number 34356153.
- “Parties”: CIRCE The Label and Customer.
- “Products”: all goods sold by CIRCE The Label through their website: http://www.circethelabel.com/
Article 2 Offers
- All offers, propositions, proposals, discounts on the Website and other expressions of CIRCE The Label are optional and non-binding, unless stated otherwise in writing by CIRCE The Label.
- The Customer shall guarantee the accuracy and completeness of the information that it submits to CIRCE The Label and on which CIRCE The Label bases its offer.
- CIRCE The Label is not bound by its offer, if Customer should have understood that the offer or part thereof contains an apparent mistake or writing error.
- Offers and proposals by CIRCE The Label do not automatically apply for future orders.
- If CIRCE The Label sends an offer, price list or brochure CIRCE The Label is not bound to deliver or accept an order.
Article 3 Order Acceptance/ Conclusion of Agreement
- An order/agreement by Customer will come into force at the date CIRCE The Label confirms the order in writing or via e-mail, as far as none of the exceptions in this Article apply.
- CIRCE The Label reserves the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.
- CIRCE The Label reserves the right to cancel any order prior to dispatch should we find that the price is incorrect. In such case we will notify Customer by email and give you the option to place a new order for the correct price. If we are unable to contact you, your order will be automatically cancelled.
- An order confirmation by CIRCE The Label is considered to be an accurate and complete representation of the order. If CIRCE The Label starts, delivery of the Products, or sends an invoice, these acts are considered to be of equal status as an order confirmation.
- If Customer, not being a Consumer, does not contest the order confirmation within eight (8) days in writing or via e-mail Customer is bound by this confirmation.
- The Customer shall guarantee the accuracy and completeness of the information that it submits to CIRCE The Label at the time of the order. CIRCE The Label is not liable for any damages as a result of information provided by the Customer which is not complete or accurate.
Article 4 Delivery
- CIRCE The Label will deliver the order Products at the address Customer has provided to CIRCE The Label.
- The Products will be at the own account and risk from the moment Customer has received the Products.
Article 5 Delivery period or date
- CIRCE The Label will try based on a best effort obligation to deliver the Products within two (2) to seven (7) business days from the order confirmation in Europe. Any delivery date or term named or agreed by CIRCE The Label are determined by CIRCE The Label based on their best knowledge and the information available at the moment of the confirmation of the order. A delivery date or period is never a strict delivery period or term and cannot be construed as a deadline, resulting in the liability of CIRCE The Label for any damages incurred by Customer.
- If the Product due to any delay in delivery cannot be delivered in whole within seven (7) business days also not in whole within a period of twenty-one (21) days from the order confirmation CIRCE The Label will notify the Customer and the Customer has the right to terminate the order without costs and without being liable to CIRCE The Label. After termination CIRCE The Label will pay back any amount already paid by the Customer.
- In the case Parties do agree to a strict delivery term or deadline CIRCE The Label in no case will be in default than after CIRCE The Label has failed to adhere to a notice of default containing a reasonable term to still comply with the order.
- CIRCE The Label is entitled to partial delivery, unless explicitly agreed otherwise by Parties in writing or the nature of the order does not provide for partial delivery. In case of partial delivery the invoice for the partial delivery must be paid according tot he payment conditions on the invoice, unless Parties explicitly agreed otherwise in writing.
Article 6 Price and payment
- All prices on the Website, Boutique, order confirmation and on any documentation or correspondence are in Euro and include any Value Added Tax (VAT).
- Unless stated otherwise Customer must pay any amounts due within seven (7) days of the date of the order confirmation.
- CIRCE The Label is entitled to ask Customer for a payment in advance. The delivery of Products will not commence before Customer has paid the advanced payment according to article 8.2. In the case Customer is a Consumer CIRCE The Label is not entitled to ask for advance payment of more than fifty (50%) percent.
- If Customer contests the invoice, he must file the protest against the invoice within seven (7) days after the date of the invoice and mention the reasons for his protest clearly and in full. If the Customer does not protest against the invoice within the aforementioned term, he is considered to have accepted the invoice.
- If the Customer fails to pay the amounts due or to pay the amounts due in a timely manner, Customer is due, in the case of a Consumer only after receiving a demand or notice for payment from CIRCE The Label to pay the outstanding amount within fourteen (14) days, the statutory (commercial) interest and CIRCE The Label may charge all the out-of-court expenses in addition to the total amount due. In the case the Customer is a Consumer only the statutory out-of-court expenses can be charged by CIRCE The Label with a minimum of EUR 40,-.
- CIRCE The Label is entitled to suspend/postpone delivery of Products untill the moment Customer has paid any outstanding amount, including interest and costs, in full.
- Price increases within three (3) months of the order confirmation/conclusion of agreement are only allowed if they are a direct result of Dutch law or regulations.
- CIRCE The Label is allowed to increase the prices after three (3) months after order confirmation/conclusion of agreement if they are a direct result of Dutch law or regulations. In this case the Customer has the right to terminate the order/agreement on the date the price increase is effective.
Article 7 Cancellation Right Consumers
- Consumer has the right in case of a online buy at the Website to terminate the agreement/order without reason (“Cancellation Right”) within a reflection period (“Reflection Period”) of fourteen (14) days after receiving the Product (. CIRCE The Label has the right to ask for the reason of cancellation, but Consumer cannot be obliged to provide the reason.
- If CIRCE The Label does not provide Consumer with the by law prescribed information about the Cancellation Right or does not provide Consumer with the model withdrawal form for the execution of the Cancellation Right the Reflection Period will end twelve (12) months after the reflection period stated in Article 7.1.
- If CIRCE The Label provides Consumer with the in article 7.2 mentioned informat and/or model withdrawal form within twelve (12) months after the start date of the original Reflection Period, the Reflection Period will end fourteen (14) days after the Consumer receives the information and/or the model withdrawal form.
- Article 7.1 is also applicable on Customers, not being a Consumer.
Article 8 Obligations of Consumer during the reflection period
- Consumer will take due care of the Product and the packaging during the reflection period. Consumer will only unwrap and use the Product to the extent necessary to asses the nature, features and functioning of the Product. The starting point for the assessment by Consumer is the inspection Consumer would perform if buying the Product in a physical store.
- The Consumer is only liable for the devaluation of the Product which is the direct result of improper use beyond the use permitted in article 8.1.
- The Consumer is not liable for any devalutation under article 8.2 if CIRCE The Label has not provide the required information about the Cancellation Right before or at the moment of conclusion of the agreement.
- Article 8.1 and article 8.2 are also applicable on Customers, not being a Consumer.
Article 9 Performance of Cancellation Right Consumer
- If Consumer makes use of his Cancellation Right he has to notify CIRCE The Label within the reflection period using the model withdrawal form or by means of an other unambiguously/ clear statement to: [email protected]
- As soon as possible, but within fourteen (14) days after the day following the notification mentioned in Article 9.1 Consumer will send the Product back to:
CIRCE The Label
Burgemeester den Texlaan 50
2111 CE Aerdenhout
CIRCE The Label has a service and return policy:
In any case the Consumer has returned the Product on time if he sends back the Product back before the end of the Reflection Periode.
- The Consumer returns the Product back with all the delivered accessories, including but not limited to the attached seal and tag, and in original state and packaging, conform the reasonable and clear instructions of CIRCE The Label:
- Place the items in the original shipping box or any other solid carton box
- Fill out the returns form and include it inside the box.
- Close the box and tape it securely.
- Send the package with return form to:
- The risk and onus of proof for the timely and accurate execution of the Cancellation Right rest with the Consumer.
- Consumer bares the costs for return of the Product to CIRCE The Label, unless Consumer is not informed about the costs.
- This article is also applicable on Customers, not being a Consumer.
Article 10 Cancellation Right: obligations CIRCE The Label.
- If CIRCE The Label receives the notification mentioned in article 9.1 CIRCE The Label will promptly confirm the cancellation in writing or via e-mail.
- CIRCE The Label will refund all payments made by Consumer to CIRCE The Label in relation to the cancellation of the Product and will also refund any delivery costs charged to Consumer for the Product, within fourteen (14) days of the notification of the cancellation. CIRCE The Label has the right to suspend payment until Consumer provides proof that the Product has been send back to CIRCE The Label.
- Repayment by CIRCE The Label will be done by the same payment method used by Consumer, unless Consumer agrees to an other payment method. Repayment will be fulfilled without costs for the Consumer.
- If delivery of the Product by CIRCE The Label has been done by a more expensive form of delivery than the cheapest standard delivery, CIRCE The Label does not have to repay the additional costs above the standards costs.
- This article is also applicable on Customers, not being a Consumer.
Article 11 Retention of title and rights
- All Products delivered to the Customer shall remain the property of CIRCE The Label until such time as all amounts owed by Customer to CIRCE The Label pursuant to the Agreement have been paid in full.
- All rights under this article are transferred to Customer under the condition Customer pays the agreed amounts on time and in full.
Article 12 Force Majeure
- CIRCE The Label shall not be obliged to meet any obligations, including any guarantee obligation agreed between the Parties, and will not be liable for any damages, if it is prevented from meeting its obligations as a result of force majeure. Force majeure shall include: (i) a situation of force majeure encountered by CIRCE The Label own Suppliers, (ii) failure by secondary Suppliers engaged by CIRCE The Label on the Customer’s instructions to duly meet their obligations, (iii) the defectiveness of items, hardware, software or materials provided by third Parties that CIRCE The Label has been instructed to use by the Customer, (iv) government measures, (v) electricity failure, (vi) faults affecting the internet, computer network or telecommunication facilities, (vii) war, (viii) workload, (ix) strike action, (x) general transport problems and (xi) the unavailability of one or more members of staff.
- If a situation of force majeure lasts for longer than ninety (90) days, either of the Parties shall be entitled to terminate the Agreement in writing, without being liable to the other Party. Customer is not entitled to suspend or postpone the payment of any Products already delivered by CIRCE The Label and CIRCE The Label will in case necessary send an invoice to Customer for these Products.
Article 13 Guarantee
- The delivered Products are considered to meet the specifications agreed upon by Parties in the agreement/ order, unless Customer proofs otherwise. In any case the Products will be fit for normal use upon delivery.
- Customer has the obligation to inspect the Products upon delivery. Customer has the obligation to research the quantity and/or quality of the Products and to research if the quantity and/or quality meet the agreed requirements under the agreement/order.
- If Customer is of the opinion the delivered Products do not meet the agreed requirements, he must notify CIRCE The Label in writing and with all the relevant details within fourteen (14) days after the Customer has or reasonable should have discovered the defects/shortcomings in the Products. The notification of Customer must include proof that the delivered Products do not meet the agreed requirements.
- Customer will upon first request by CIRCE The Label send the defect Product to CIRCE The Label in Amsterdam or its Supplier for inspection: CIRCE The Label Return Webstore
- Customer will at all time take due care of the defect Products and in the case Customer has to send the Products back will take care of sufficient Packaging to avoid additional damages.
- Customer not being a Consumer is not entitled to suspend or postpone payment of the delivered Products.
Article 14 Intellectual Property
- All intellectual property rights provided by CIRCE The Label under the agreement to the Customer including but not limited to trademarks, patents, copyrights, design rights, trade secrets, logo’s, software, source codes, data files, hardware or other materials such as analyses, designs, documentation, reports, quotations and related preliminary material developed shall remain exclusively vested in CIRCE The Label its licensors or its Suppliers. The Customer shall only acquire those rights of use that are explicitly granted in the agreement/order, these Term and Conditions and by law. Any rights of use granted to the Customer shall be non-exclusive, non-transferable, non-assignable to third Parties and non-sub licensable.
Article 15 Liability
- The total liability of CIRCE The Label due to an attributable failure to perform the agreement/order or due to any other reason, explicitly including any failure to comply with a guarantee obligation agreed with the Customer, shall be limited to compensation for direct damages not exceeding the sum of the agreement/order (excl. VAT in the case Customer is not a Consumer) or part of the agreement/order (for example the relevant defect Product of Customer) from which the liability of CIRCE The Label derives from.
- CIRCE The Label is not liable for incorrect use of the delivered Products by Customer or for use of the delivered Products for a purpose which the Product or Service is not suitable for.
- Except where performance by CIRCE The Label is permanently impossible, CIRCE The Label shall only be liable as a result of an attributable failure to perform an Agreement if the Customer gives CIRCE The Label immediate notice of default in writing, setting a reasonable term in which the breach can be remedied, and CIRCE The Label still attributably fails to meet its obligations after this period. The notice of default must contain as comprehensive and detailed a description of the breach as possible, in order to ensure that CIRCE The Label has the opportunity to respond adequately.
- A condition for the existence of any right to compensation shall in all cases be that the Customer notifies CIRCE The Label in writing of the loss or damage as soon as possible after it occurs, but no later than two (2) months after the establishment of the damage by the Customer. Any claims for damages against CIRCE The Label shall expire by the mere passage of twelve (12) months from the date on which the claim arose.
- The exclusions and restrictions to CIRCE The Label’s liability, as described in the preceding paragraphs of this article, shall not affect the remaining exclusions and restrictions to CIRCE The Label’s set out in these Term and Conditions in any way.
- The exclusions and restrictions referred to in this shall no longer apply if and in so far as the loss is the result of intentional acts or deliberate recklessness on the part of CIRCE The Label, it’s management or employees.
Article 16 Privacy, data processing and security
- If CIRCE The Label is obliged to provide some form of information security, this security shall meet the specifications in respect of security agreed between the Parties in writing. If the agreement does not include an explicit description of security measures, the security measures shall be of such a level that, having regard to the state of the art, the sensitivity of the data and the costs associated with the implementation of the security measures are not unreasonable.
- All personal data provided by the Customer will only be used by CIRCE The Label for the performance of the agreement/order including these Terms and Conditions and will only be provided to third Parties if necessary for the performance of the agreement/order and the goals agreed therein.
- CIRCE The Label takes reasonable care to make their website secure. All credit/debit card transactions on this site are processed using Mollie, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered CIRCE The Label user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
- To help ensure that your shipping experience is safe, simple, and secure, CIRCE The Label uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Article 17 Termination for breach
- Both of the Parties shall only be authorised to rescind the Agreement as a result of an attributable failure to perform this Agreement if the other Party, in all cases following written notice of default providing as many details as possible and setting a reasonable term in which the breach can be remedied, attributably fails to meet its fundamental obligations arising from this Agreement. The Customer’s payment obligations and all other obligations to cooperate imposed on the Customer or on a third Party to be engaged by the Customer shall in all cases be regarded as fundamental obligations arising from the Agreement.
- Either of the Parties shall be entitled to terminate the Agreement in part or in full, with immediate effect, in writing without notice of default if the other Party is granted a moratorium of payments, provisionally or otherwise, if a winding-up petition is filed in respect of the other Party, if the other Party’s company is wound up, the bankruptcy of the other Party’s company is declared or the other Party’s company is terminated for reasons other than reconstruction or the merger of companies, or if there is a change in the individual or board that has decisive control over the Customer’s company. CIRCE The Label shall under no circumstances be obliged to reimburse any sums of money that have already been received or to pay any compensation in the event of such termination.
Article 18 Term and Conditions
- All offers, agreements and other statements under which CIRCE The Label will deliver Products to the Customer shall be subject to these General Term and Conditions, except where specified otherwise in writing by CIRCE The Label. All offers or statements by CIRCE The Label are not binding for CIRCE The Label, except where specified otherwise in writing by CIRCE The Label.
- Additions to or deviations from these Term and Conditions shall only apply where agreed in writing between the Parties.
- Customer agrees to the Term and Conditions upon placing an order for the delivery of Products with CIRCE The Label. CIRCE The Label has the right to alter, modify, change these Term and Conditions. The altered Term and Conditions will apply to the following order by Customer.
- The applicability of any of the Customer’s purchasing Term and Conditions or any other Term and Conditions is expressly rejected, unless agreed otherwise by CIRCE The Label in writing.
- If CIRCE The Label makes use of a third party for the execution of the agreement, for a example the delivery of Products, these Term and Conditions are applicable.
- If any provision of these Term and Conditions is null and void or is voided, the other provisions of these Term and Conditions will remain fully in effect. In this case, CIRCE The Label and the Customer will consult with one another to agree new provisions to replace the void or voided ones. In doing so, the purpose and meaning of the void or voided provision will be taken into account as far as possible.
Article 19 Applicable law and disputes
- The Agreements between CIRCE The Label and Customer are governed by Dutch law. The applicability of the Convention on Contracts for the International Sale of Goods 1980 is excluded.
- Any disputes that may arise between CIRCE The Label and Customer on the basis of an agreement concluded between CIRCE The Label and Customer or as a result of further agreements that arise from such an agreement, shall be will exclusively be brought before the competent civil court in Amsterdam, the Netherlands.
- The Consumer has in deviation from article 19.2 the right to bring any dispute between Parties before the competent civil court.