Terms and Conditions

On all offers, orders and agreements of Soak up Summer attached Terms and Conditions will apply. The acceptance of an offer or the placing of an order implies that the purchaser automatically accepts the stipulations set out in these General Terms and Conditions.

All rights, obligations, specials, orders and agreements that fall under these General Terms and Conditions, and under this condition, are applicable under Dutch Law and Jurisdiction. In the case of translation or explanation of the contents of Soak up Summer’s website, the Dutch version of the text in this website and these General Terms and Conditions will remain determinate.

These conditions apply to all sales and agreements between Soak up Summer and the consumer, whereby Soak up Summer will apply these conditions unless agreed otherwise in writing. If articles are ordered from Soak up Summer, the purchaser automatically accepts the stipulations set out in these General Terms and Conditions.

Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
1. Soak up Summer: the corporation who provides products to Consumers at a distance;
2. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities and who enter into an agreement with Soak up Summer;
3. Distance contract: a contract concluded by Soak up Summer and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract, henceforth also be known as: the Contract;
4. Reflection period: the period during which the Consumer may use his right of withdrawal
5. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
6. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and Soak up Summer being together in the same place at the same time.
7. Sustainable data carrier: any means, including email, that allow the Consumer or Soak up Summer to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
8. Products: the Products which are advertised on the Website;
9. Day: calendar day;
10. Website: www.soakupsummer.com

Article 2 – The Entrepreneur’s identity
MC Fashion & Labels | Soak up Summer
Horsterdijk 108a
5973 PR Lottum
Telephone: +31 085 303 6782 on working days between 09.00 a.m. and 17.00 p.m.
Email address: info@soakupsummer.com
Chamber of Commerce number: 59075856
VAT identification number: NL199940964B01

Article 3 – Applicability
These General Terms and Conditions apply to any offer from Soak up Summer and to any distance contract concluded by Soak up Summer and the Consumer. 

Article 4 – The offer 
1. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. Obvious errors or mistakes in the offer do not bind Soak up Summer.
2. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer. In particularly this concerns;
a) The price including taxes;
b) Potential delivery costs;
c) How the agreement will be achieved and what actions they require;
d) The method of payment and delivery;
e) The term for acceptance of the supply; and
f) The address were and the time-scale within complaints can be made by the Consumer. 

Article 5 – The contract
1. The Consumer is able to place an order at Soak up Summer by complete filling of the appropriate order form at www.soakupsummer.com. 
2. Soak up Summer sends an email to the in the order form set email address of Consumer wherein she confirms the reception of the order. Afterwards, an order will be exclusively dealt by Soak up Summer if the Consumer completely filled in all asked information on the order form.
3. The contract is concluded after Soak up Summer has accepted the order of the Consumer (which accepting is apparent from the in section 5.2 named confirming email), the order is been paid by Consumer, and has been send by Soak up Summer.
4. In case of force majeure, Soak up Summer has the right, at its option, to suspend the fulfilment of the order or to dissolve the agreement without judicial intervention by notifying in writing to the Consumer and without Soak up Summer liable for any compensation, unless this would be unacceptable in the circumstances to standards of reasonableness and fairness. Force majeure means any shortcoming that not Soak up Summer can be allocated, because it is not due to her fault and not under the law, legal act or generally accepted for its account.

Article 6 – Right of withdrawal upon delivery of Products
1. The Consumer has the obligation to delivery to examine whether the Products meet the agreement.
2. If this is not the case, the Consumer has the option to terminate the agreement without giving any reason within seven (14) days. This period commences on the day following receipt of the Product by or on behalf of the Consumer.
3. During this period the Consumer will treat the Product and packaging careful. He will only unpack the Product to the extent or use as necessary to assess whether he wishes to retain. If he exercises his right of withdrawal, he will return the Product with all accessories and in original condition and packaging to Soak up Summer, accordance with the by Soak up Summer provided reasonable and clear instructions.

Article 7 – Costs in case of withdrawal 
1. If the Consumer exercises his right of withdrawal, at most the cost of returning the goods will be on his behalf.
2. If the Consumer has paid an amount, Soak up Summer will refund this amount as soon as possible but no later than 14 days after receipt of the return or cancellation.
Article 8 - Exclusion of the right of withdrawal
1. If the Consumer does not have a right of withdrawal, this can be only excluded by Soak up Summer if Soak up Summer stated this clearly in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for Products:
a)    that are established by Soak up Summer according to specifications of the Consumer
b)    that are clearly personal in nature; whether
c)    that cannot be returned due to their nature

Article 9 - The price
1. If the prices of the Products offered increase in the period between the order and its implementation, the Consumer is entitled to cancel the order or dissolve the agreement within ten (10) days after notice of the increase by Soak up Summer.
2. The rates in the supply of Products or services are in Euro including VAT.

Article 10 – Conformity and Guarantee
Soak up Summer warrants that the Products comply with the agreement and the specifications listed in the offer.

Article 11 – Delivery and execution
1. Soak up Summer will exercise the greatest possible care when receiving and implementing orders for products.
2. The place of delivery is the address that the Consumer has announced in writing Soak up Summer. If the Consumer reports an address  to Soak up Summer in writing, Soak up Summer is entitled to send all orders to that address, unless the Consumer reports to Soak up Summer in writing of another address to which its orders are to be sent.
3. Soak up Summer will execute accepted orders expeditiously but not later than 14 days unless a longer delivery has been agreed. If delivery is delayed or if an order is not or only partially carried out, the Consumer receives a message no later than 14 days after placing the order.
4. The by Soak up Summer mentioned delivery times are indicative only. Exceeding the delivery period, the Consumer is not entitled to compensation or the right to cancel the order or terminate the agreement, unless the delay in delivery is such that the Consumer cannot reasonably be required to maintain the agreement. The Consumer is then entitled to cancel the order or terminate the agreement if necessary.
5. In case of dissolution in accordance with the preceding paragraph Soak up Summer shall refund the by Consumer paid amount as soon as possible to the consumer, no later than 14 days after repudiation.
6. The ownership of the Products is transferred only if the Consumer complied all that are due under any agreement to Soak up Summer.
7. The risk of damage and / or loss of products is at Soak up Summer until the time of delivery to the Consumer.

Article 12 – Payment
1. Unless subsequently agreed, the amounts owed by the Consumer should be accomplished to Soak up Summer within the stated deadline and according to the payment method indicated on the Website.
2. The Consumer has the duty to report inaccuracies in payment data supplied or specified to Soak up Summer.
3. If the Consumer is in default on any payment, Soak up Summer has the right to suspend or dissolve (the performance of) the relevant agreement and related agreements.
4. If the prices for the offered products and services increase in the period between the order and its execution, the Consumer is entitled to cancel the order or dissolve the agreement within 10 days after notice of the increase by Soak up Summer.

Article 13 – Complaints procedure
1. Soak up Summer has a well-publicized complaints procedure, which is listed on the Website and deals with complaints under this procedure.
2. At the time of receipt the Consumer will check whether the Products comply in number and capacity to the Agreement.
3. Consumer can no longer rely on the fact that the Products do not conform to the Agreement, if the Consumer has not reported it within 14 Days to Soak up Summer.
4. Complaints submitted at Soak up Summer will be responded within 14 days from the date of receipt. If a complaint needs a foreseeable longer processing time, Soak up Summer will answer within the period of 14 days with a notice of receipt and an indication if the Consumer can expect a more detailed answer.

Article 14 – Security and Privacy
1. If the Consumer buys Products from Soak up Summer, Soak up Summer may inform Consumer about own similar products and services by mail, telephone or email. If consumer wish to not receive any more emails, the Consumer can email to info@soakupsummer.com or may use the unsubscribe possibility in every newsletter.
2. The safety and Privacy Policy is applicable to orders and the resulting agreements and any other (legal) actions. These can be found under "Privacy Policy" on the Website.

Article 15 – Various
1. If divergence of these Conditions are allowed by Soak up Summer for any length of time, whether tacitly, it will not prejudice their right to demand immediate and strict compliance with these conditions. The Consumer can never let any right by virtue of the fact that Soak up Summer implements these Conditions smoothly.
2. If one or more provisions of these Terms and Conditions or any other agreement with Soak up Summer are in conflict with any applicable provision, the provision will lapse and will be replaced by a by Soak up Summer to adopt new lawful condition.
3.Soak op Summer is competent in the execution of your order(s) to make use of third parties.

Article 16 - Governing Law and Jurisdiction
1. On all rights, obligations, offers, orders and agreements to which these Conditions apply, including these Conditions, is only Dutch law applicable.
2. All disputes between parties will be submitted exclusively to the competent court in Amsterdam.

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