Payment is always made in advance. For orders via the website, payment is made by means of a. Ideal, PayPal, Credit card, Googlepay or Applepay via the payment provider Shopify Payments. Belgian customers can also pay by Bancontact. Payments must be approved by Shopify Payments at all times before The New Chapter proceeds with delivery.
- Delivery / Delivery time
5.1 The New Chapter strives to send the ordered items within 24 hours after receipt of payment. The indicated delivery times are an indication and not a deadline. Exceeding the delivery time does not entitle the Customer to compensation, dissolution of the agreement or non-compliance with any obligation that may arise for him from this or any related agreement.
5.2 If a product that is temporarily out of stock is ordered by the Customer, it will be indicated when the product will be available again. Delays will be reported to the Customer by email or telephone. The Customer is entitled to cancel the purchase of the product that cannot be delivered within 30 days.
5.3 The New Chapter takes care of delivery, preferably by DHL. This makes the orders traceable.
5.4 The New Chapter is not responsible for orders lost by DHL.
5.5 The New Chapter is entitled to fulfill the delivery in parts. The extra costs for this will be borne by The New Chapter.
5.6 Shipping costs for Dutch shipments are € 4.95. For Belgium € 5,95. Higher costs will be charged for other foreign shipments.
5.7 The New Chapter is entitled - if The New Chapter deems this necessary or desirable - to engage third parties necessary for the proper performance of its obligations.
5.8 The Customer is obliged to cooperate with the delivery, as well as to accept the delivery. In the absence of acceptance of the delivered goods by the Client, The New Chapter reserves the right to pass on any associated costs (including any costs of transport and storage) to the Client.
5.9 Purchase is deemed to have been refused if the ordered services and/or goods have been offered for delivery but delivery has proved impossible. The day on which acceptance is refused counts as the day of delivery.
- Force of the majority
7.1 In the event of force majeure, The New Chapter is not obliged to fulfill its obligations towards the Client, or the obligation is suspended for the duration of the force majeure.
7.2 Force majeure is understood to mean any circumstance beyond its control, as a result of which the fulfillment of its obligations towards the Customer is wholly or partially prevented. These circumstances include strikes, fire, business failures, energy failures, non-delivery or late delivery by suppliers or other third parties engaged and the absence of any license to be obtained from the government. Force majeure also includes failures in a (telecommunications) network or connection or used communication systems and/or the unavailability of the internet site at any time.
7.3 If the force majeure situation continues for more than 3 months, both The New Chapter and the Client have the right to dissolve the agreement.
8.1 The stock of the webshop is updated in real-time. In the unlikely event that the article ordered by the Customer is no longer in stock, The New Chapter will inform the Customer as soon as possible. The Customer then has the right to cancel the order for the missing item free of charge. The New Chapter will refund the amount paid for the order to the account of the Customer within 14 working days (or earlier if possible).
9.1 Any liability of The New Chapter, its personnel and products of The New Chapter for all damage, of whatever nature, direct or indirect, arising in connection with the delivery is expressly excluded, unless that damage is caused by intent or gross negligence on the part of The New Chapter. The New Chapter. Under intent or gross negligence is in any case not understood damage suffered by the Customer or a third party as a result of inaccuracy or incompleteness of the information provided by the Customer. Nor is The New Chapter liable for damage caused by third parties during the execution of the agreement. Jolo Fashion accepts no liability for any damage resulting from the use of The New Chapter's products.
9.2 Damage that, in the opinion of the Client, is the result of intent or gross negligence on the part of The New Chapter must be reported in writing to The New Chapter as soon as possible, but at the latest within thirty (30) days after the occurrence thereof. Damage that is not notified to The New Chapter within this period will only be eligible for compensation if the Client has made it plausible that he was unable to report the damage earlier.
9.3 If and insofar as The New Chapter is liable due to an attributable shortcoming in the fulfillment of the agreement of purchase and delivery or because of other acts, this liability is limited to compensation for direct damage up to a maximum of the amount of the price stipulated for that agreement (excl. . BTW). Under no circumstances will the total compensation for direct damage exceed EUR 1,000.
9.4 Any liability of The New Chapter for loss of profits or other indirect damage, including loss of profit, lost savings, loss of data, time invested by the Client itself or costs of third parties engaged without the prior written consent of The New Chapter, is expressly excluded.
10.1 The personal data is included in The New Chapter's customer database.
10.2 The New Chapter only provides personal data of the Customer to third parties if this is necessary for the execution of the agreement with the Client or to comply with a legal obligation.
11.1 The New Chapter has the right to unilaterally change these general terms and conditions. Changes also apply to agreements already concluded. Changes will take effect one month after publication by means of a written notification.
11.2 If the Customer does not wish to accept the change, he has the right to terminate the agreement in writing until the date on which the amended terms and conditions come into effect. After the time of entry into force, the Customer is deemed to have accepted the changes - tacitly.
- Applicable law
12.1 Dutch law applies to the agreement.
12.2 The District Court of Breda has exclusive jurisdiction to rule on disputes arising from the Agreement.
12.3 The Dutch text of these general terms and conditions of sale prevails over the translations thereof.