2. General
3. Formation of Agreement
4. Prices
5. Payment
6. Delivery
7. Warranty and complaints
8. Returns
9. Retention of title1
0. Force Majeure
11. Liability
12. Limitation/expiry periods
13. Data management
14. Applicable law and disputes
15. Right of withdrawal
16. Gift cards
1. Definitions
1.1 SLAY WITH CONFIDENCE, established in (3083AS) ROTTERDAM at Strevelsweg 700-303, postbox C2050, Chamber of Commerce: 66429013, VAT identification number: NL002199838B07, ( contact@slaywithconfidence.com )
1.2 Consumer-purchaser: the natural person, not acting in the exercise of a profession or business, to whom goods are supplied or sold by SLAY WITH CONFIDENCE, and his/her representative(s), authorized representative(s), legal successors and/or heirs.
1.3 Purchaser: the natural person and/or legal entity, acting in the exercise of a profession or business, to whom SLAY WITH CONFIDENCE supplies or sells goods and/or provides services, and his/her representative(s), authorized representative(s), legal successors and/or heirs.
1.4 Agreement: the agreement concluded between SLAY WITH CONFIDENCE and Consumer-purchaser and/or Purchaser regarding the sale or delivery of goods and/or the provision of services to which these general terms and conditions apply.
1.5. SLAY WITH CONFIDENCE Giftcard: a (physical or electronic) gift card issued by SLAY WITH CONFIDENCE;
1.6. Approved Giftcard: a gift card (physical or electronic) approved by SLAY WITH CONFIDENCE from third parties designated by SLAY WITH CONFIDENCE (including the Fashioncheck or the VVV voucher)
PART I
Unless otherwise stated, the provisions of this PART I of these general terms and conditions apply to both Agreements with Purchasers and Agreements with Consumer-purchasers.
2. General
2.1 These general terms and conditions apply to all offers, quotations, legal relationships and agreements of and/or with SLAY WITH CONFIDENCE.
2.2 By placing an order, the Consumer-purchaser and/or Purchaser indicates that he/she agrees to the general terms and conditions.
2.3 All offers and/or quotations from SLAY WITH CONFIDENCE are without obligation, unless SLAY WITH CONFIDENCE expressly indicates otherwise in writing.
2.4 All images, specifications and/or data in offers and/or quotations from SLAY WITH CONFIDENCE are indicative and cannot give rise to compensation or termination of the Agreement.
2.5 Offers and/or quotations from SLAY WITH CONFIDENCE do not automatically apply to repeat orders.
2.6 SLAY WITH CONFIDENCE reserves the right to correct obvious mistakes and/or typographical errors in offers and/or quotations. No liability is accepted for the consequences of errors. SLAY WITH CONFIDENCE cannot be held to its offer if the Consumer-purchaser and/or Purchaser should have understood that the offer and/or quotation, or a part thereof, contained an obvious mistake or typographical error.
2.7 Deviations from and additions to these general terms and conditions are only valid if they have been expressly agreed in writing.
2.8 Any additional (verbal) agreements and/or commitments made by or on behalf of SLAY WITH CONFIDENCE shall only be binding if expressly confirmed in writing by SLAY WITH CONFIDENCE.
2.9 The application of any conditions used by the Consumer-purchaser and/or Purchaser is hereby expressly rejected.
2.10 If any provision of these general terms and conditions is null and void or is annulled, the other provisions of these general terms and conditions will remain unaffected and in full force.
2.11 If the Consumer-purchaser and/or Purchaser consists of more than one (legal) person, each of these (legal) persons shall be jointly and severally liable to SLAY WITH CONFIDENCE for the obligations arising from the Agreement.
2.12 SLAY WITH CONFIDENCE has the right to change and/or supplement these general terms and conditions.
2.13 Without the written consent of SLAY WITH CONFIDENCE, the Consumer-purchaser and/or Purchaser is not entitled to transfer any right or obligation under the Agreement to third parties.
3. Formation of Agreement
3.1 Subject to the provisions of Articles 3.3 and 3.4 of these general terms and conditions, the Agreement shall be concluded by written confirmation by SLAY WITH CONFIDENCE of the acceptance of the offer by the Consumer-purchaser and/or Purchaser.
3.2 If the Consumer-purchaser and/or Purchaser has accepted the offer from SLAY WITH CONFIDENCE electronically, SLAY WITH CONFIDENCE will confirm the acceptance of the offer by the Consumer-purchaser and/or Purchaser electronically.
3.3 SLAY WITH CONFIDENCE reserves the right to refuse the conclusion of the Agreement within a period of 5 working days after receipt of the acceptance by the Consumer-purchaser and/or Purchaser without stating reasons or to accept it only on the condition that the shipment is made cash on delivery or after prepayment.
3.4 SLAY WITH CONFIDENCE is entitled to perform a check in the event of an order in which payment is chosen afterwards or by credit card. Based on this check, SLAY WITH CONFIDENCE can offer an alternative payment method or refuse the conclusion of the Agreement. For larger amounts, SLAY WITH CONFIDENCE can stipulate as a condition that the order is sent by cash on delivery. In this case, SLAY WITH CONFIDENCE will pay the cash on delivery costs.
3.5 If the conclusion of the Agreement is refused by SLAY WITH CONFIDENCE on the basis of articles 3.3 and/or 3.4 of these general terms and conditions, the Consumer-purchaser and/or Purchaser cannot claim compensation.
3.6 Should SLAY WITH CONFIDENCE exercise its rights under Articles 3.3 and/or 3.4 of these general terms and conditions while the order has already been paid, SLAY WITH CONFIDENCE will attempt to refund the payment via the payment method used by the Consumer-purchaser and/or Purchaser. If this is not possible, SLAY WITH CONFIDENCE will contact the Consumer-purchaser and/or Purchaser in order to refund the payment via another method.
3.7 SLAY WITH CONFIDENCE is entitled to execute the Agreement in different phases.
3.8 Each Agreement is entered into subject to the condition precedent of sufficient availability of the relevant items.
4. Prices
4.1 All prices quoted are in Euro and include VAT.
4.2 All prices quoted on slaywithconfidence.com are in USD / GBP and include VAT
4.3 All prices quoted are exclusive of packaging, shipping or delivery costs, unless otherwise agreed in writing.
4.4 Prices will not be increased during the term of the offer, unless legal measures make this necessary or the manufacturer or supplier implements interim price increases.
5. Payment
5.1 SLAY WITH CONFIDENCE is entitled to invoice immediately after the Agreement with the Consumer-purchaser and/or Purchaser has been concluded.
5.2 Payment of (online) invoices shall be made within 14 days after the invoice date in a manner and under the payment conditions specified by SLAY WITH CONFIDENCE. If Klarna or Billink is selected, the payment conditions of Klarna or Billink shall apply.
5.3 In the event of non-payment (on time) by the Consumer-purchaser and/or Purchaser, SLAY WITH CONFIDENCE has the right to terminate the Agreement. In that case, the Consumer-purchaser and/or Purchaser cannot claim compensation.
5.4 The Purchaser is not entitled to offset or suspend a payment.
6. Delivery
6.1 SLAY WITH CONFIDENCE will deliver the purchased goods or services after the full invoice amount as well as the additional (shipping) costs have been paid by the Consumer-purchaser and/or Purchaser to SLAY WITH CONFIDENCE, unless otherwise agreed.
6.2 The place of delivery is the address that the Consumer-purchaser and/or Purchaser has made known to SLAY WITH CONFIDENCE.
6.3 The delivery times as stated in the offers or on the website of SLAY WITH CONFIDENCE are indicative. Therefore, no rights can be derived from the stated terms. SLAY WITH CONFIDENCE will execute accepted Agreements with a Consumer-purchaser with due speed but at the latest within 30 days, unless a different delivery term has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the Consumer-purchaser will be notified of this at the latest 30 days after placing the order. In that case, the Consumer-purchaser has the right to terminate the Agreement without costs.
6.4 The risk of damage and/or loss of items rests with SLAY WITH CONFIDENCE until the moment of delivery to the Consumer-Purchaser or his/her previously designated representative made known to SLAY WITH CONFIDENCE, unless expressly agreed otherwise.
6.5 If the Agreement is concluded with a Purchaser, delivery will take place ex warehouse. From the moment of delivery, the risk of damage and/or loss of goods rests with the Purchaser.
7. Warranty and complaints
7.1 The Consumer-purchaser and/or Purchaser is obliged to examine the delivered goods at the time of delivery. If it appears that the delivered item is incorrect, defective or incomplete, the Consumer-purchaser and/or Purchaser must immediately report these defects in writing to SLAY WITH CONFIDENCE before returning them to SLAY WITH CONFIDENCE. Any defects or incorrectly delivered goods must and can be reported in writing to SLAY WITH CONFIDENCE no later than 7 days after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely forfeits this right to complain and return.
7.2 If the Agreement has been concluded with a Purchaser, any visible defects must be reported in writing to SLAY WITH CONFIDENCE within 3 working days of delivery, under penalty of forfeiture of rights.
7.3 The warranty scheme and term of SLAY WITH CONFIDENCE corresponds to the manufacturer's warranty term of the delivered goods. However, SLAY WITH CONFIDENCE is never responsible for the ultimate suitability of the delivered goods for each individual application by the Consumer-purchaser and/or Purchaser, nor for any advice regarding the use or application of the delivered goods.
7.4 If complaints from the Consumer-purchaser and/or Purchaser are found to be justified by SLAY WITH CONFIDENCE, SLAY WITH CONFIDENCE will, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the Consumer-purchaser and/or Purchaser regarding compensation, provided that the amount of compensation is always limited to a maximum of the invoice amount of the goods in question. However, SLAY WITH CONFIDENCE is in all cases only liable within the limits of the provisions of article 11 of these general terms and conditions.
7.5 The warranty in Article 7.4 shall lapse if:
a) The Consumer-purchaser and/or Purchaser has repaired and/or processed the delivered goods themselves or has had them repaired and/or processed by third parties;
b) The delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of SLAY WITH CONFIDENCE and/or on the packaging or labels;
c) The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
8. Returns
8.1 Returns of delivered goods will take place at the expense and risk of the Consumer-purchaser and/or Purchaser and are only permitted after written permission from SLAY WITH CONFIDENCE under the conditions to be set by it.
8.2 Items that have been processed in whole or in part, damaged items and packaged items whose packaging is missing can never be returned.
9. Retention of title
9.1 All goods delivered to the Consumer-purchaser and/or Purchaser shall remain the property of SLAY WITH CONFIDENCE until all amounts owed by the Consumer-purchaser and/or Purchaser for the goods delivered under the Agreement, as well as all amounts due to any failure to meet payment obligations, have been paid in full to SLAY WITH CONFIDENCE.
9.2 As long as ownership of the delivered goods has not been transferred to the Consumer-purchaser and/or Purchaser, the latter may not pledge the goods, transfer ownership of them or grant any other right to them to third parties.
9.3 The Purchaser is permitted to sell and deliver the goods delivered under retention of title to third parties in the context of the exercise of its normal business. The Purchaser is obliged to store the goods delivered under retention of title separately with due care and as recognizable property of SLAY WITH CONFIDENCE.
9.4 If the Purchaser fails to comply with the provisions of Article 9.3 of these general terms and conditions, it is presumed that the items present of the type supplied by SLAY WITH CONFIDENCE belong to SLAY WITH CONFIDENCE.
9.5 The Consumer-purchaser and/or Purchaser is obliged to insure the delivered goods for the duration of the retention of title against fire and explosion hazard, water damage, as well as against theft, the insurance policy of which can be requested and inspected by SLAY WITH CONFIDENCE upon first request.
10. Force Majeure
10.1 In the event of force majeure, SLAY WITH CONFIDENCE is entitled to suspend the fulfillment of its obligation under the Agreement or part thereof and the Consumer-purchaser and/or Purchaser cannot claim fulfillment or compensation.
10.2 Force majeure is understood to mean any external cause, as well as any circumstance, which in all reasonableness should not be at its risk. Delays or default by our suppliers, disruptions in the Internet, disruptions in the electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of SLAY WITH CONFIDENCE as well as of assistants, illness of personnel, defects in auxiliary equipment or means of transport are expressly considered as force majeure situations.
10.3 In the event of force majeure, SLAY WITH CONFIDENCE reserves the right to suspend its obligations and is also entitled to terminate the Agreement in whole or in part, or to demand that the content of the Agreement be amended in such a way that execution remains possible. Under no circumstances is SLAY WITH CONFIDENCE obliged to pay any fine or damages.
10.4 If SLAY WITH CONFIDENCE has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfil its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the purchaser is obliged to pay this invoice as if it concerned a separate Agreement. However, this does not apply if the part already delivered or the part that can be delivered has no independent value.
11. Liability
11.1 The liability of SLAY WITH CONFIDENCE – as well as its representatives/agents, employees and third parties engaged by SLAY WITH CONFIDENCE – is always limited to the amount paid out in the relevant case under the applicable liability insurance of SLAY WITH CONFIDENCE, increased by the amount of the deductible that is borne by SLAY WITH CONFIDENCE under the applicable policy conditions. If for whatever reason no payment is made under the aforementioned insurance, any liability of SLAY WITH CONFIDENCE is always limited to the amount paid by the Consumer-purchaser and/or Purchaser to SLAY WITH CONFIDENCE in respect of the Agreement, or the part thereof, in connection with which the liability arose, up to a maximum of EUR 1,000.
11.2 SLAY WITH CONFIDENCE shall never be liable for indirect damage, including but not limited to consequential damage (to persons or property), business damage, loss of profit or income, missed savings and/or damage due to business stagnation.
12. Limitation/expiry periods
12.1 If the Agreement has been concluded with a Purchaser, the limitation period for all claims and defenses of the Purchaser against SLAY WITH CONFIDENCE, in deviation from the statutory limitation periods, is 3 months from the moment such claims and defenses arose. If the Agreement has been concluded with a Consumer-purchaser, the aforementioned limitation period is 13 months.
13. Data management
13.1 If a Consumer-purchaser and/or Purchaser places an order with SLAY WITH CONFIDENCE, his/her (personal) data will be included in the customer file of SLAY WITH CONFIDENCE. SLAY WITH CONFIDENCE complies with the Personal Data Protection Act (Wbp) and does not provide personal data to third parties. See our Privacy Policy ( https://slaywithconfidence.com/pages/privacybeleid )
13.2 SLAY WITH CONFIDENCE respects the privacy of the users of the website and ensures that personal data is treated confidentially.
13.3 SLAY WITH CONFIDENCE uses a mailing list in some cases. Each mailing contains instructions to be removed from this list.
14. Applicable law and disputes
14.1 All Agreements to which these general terms and conditions apply in whole or in part shall be governed by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 1980 (Vienna Sales Convention/CISG) is expressly excluded.
14.2 All disputes relating to or arising from this Agreement shall be submitted to the competent court in ROTTERDAM, unless SLAY WITH CONFIDENCE prefers to submit the dispute to the competent court of the place of residence of the Consumer-purchaser and/or Purchaser.
PART II
The provisions of this PART II of these general terms and conditions shall only apply to Agreements with Consumer-purchasers and shall apply in addition to the provisions of PART I of these general terms and conditions. In the event of any inconsistency between a provision of this PART II and a provision of PART I, the relevant provision of PART II shall prevail.
15. Right of withdrawal
15.1 If a Consumer-buyer has purchased an item or service from SLAY WITH CONFIDENCE via the internet, telephone or mail order, the following applies.
Upon delivery of products
15.2 When purchasing products, the Consumer-purchaser has the option to dissolve the Agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the item by the Consumer-purchaser or a representative designated in advance by the Consumer-purchaser and made known to SLAY WITH CONFIDENCE.
15.3 During the cooling-off period, the Consumer-purchaser will handle the item and its packaging with care. She will only unpack or use the item to the extent necessary to assess whether she wishes to keep the item. If she exercises her right of withdrawal, she will return the item with all accessories supplied and - if reasonably possible - in the original condition and packaging to SLAY WITH CONFIDENCE, in accordance with the reasonable instructions provided by SLAY WITH CONFIDENCE.
15.4 If the Consumer-purchaser wishes to exercise her right of withdrawal, she is obliged to notify SLAY WITH CONFIDENCE of this within 14 days after receipt of the item. The Consumer-purchaser must make this known using the model form ( Appendix 1 ). After the Consumer-purchaser has indicated that she wishes to exercise her right of withdrawal, she must return the item within 14 days. The Consumer-purchaser must prove that the delivered items were returned on time, for example by means of proof of shipment.
15.5 If the Consumer-purchaser has not indicated that he wishes to make use of his right of withdrawal after the expiry of the withdrawal period of 14 days or has not returned the item to SLAY WITH CONFIDENCE, the purchase is irreversible.
15.6 The Consumer-purchaser is liable for any decrease in value of the item if the handling thereof goes beyond what is necessary to determine the nature, characteristics and functioning.
When providing services
15.7 When delivering services, the Consumer-purchaser has the option to dissolve the Agreement without giving reasons for 14 days, starting on the day of entering into the Agreement. This will no longer be free of charge in the last 96 hours before delivery.
15.8 In order to exercise its right of withdrawal, the Consumer-purchaser will follow the reasonable instructions provided by SLAY WITH CONFIDENCE with the offer and/or at the latest upon delivery.
Costs in case of revocation
15.9 If the Consumer-purchaser exercises her right of withdrawal, she will be fully responsible for the costs of return, both in the case of purchase and in the case of service provision.
15.10 If the Consumer-purchaser has paid an amount, SLAY WITH CONFIDENCE will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition here is that the item has already been received by SLAY WITH CONFIDENCE.
15.11 SLAY WITH CONFIDENCE excludes the Consumer-purchaser's right of withdrawal for goods and services as described in paragraphs 1 and 2.
15.10.1: Products:
a) which have been created by SLAY WITH CONFIDENCE in accordance with the specifications of the Consumer-purchaser;
b) which are clearly personal in nature;
c) which by their nature cannot be returned;
d) which can age quickly;
e) the price of which fluctuates beyond the control of SLAY WITH CONFIDENCE;
f) for audio and video recordings and computer software of which the Consumer-purchaser has broken the seal.
g) for hygienic products of which the Consumer-purchaser has broken the seal.
15.10.2: Services:
a) such as the rental of holiday accommodation, the transport of goods, car rental, leisure services, to be provided on a specific date or during a specific period;
b) the delivery of which has commenced with the express consent of the Consumer-purchaser before the 14-day reflection period has expired;
c) concerning betting and lotteries.
16. Gift cards
16.1. It is possible to order one or more items offered by SLAY WITH CONFIDENCE. pay by means of a SLAY WITH CONFIDENCE Giftcard, as well as by means of an Approved Gift Card.
16.2. A SLAY WITH CONFIDENCE Giftcard can only be redeemed upon purchase of matters offered by SLAY WITH CONFIDENCE.
16.3. Each SLAY WITH CONFIDENCE Gift Card and Approved Gift Card contains its own code that is required to pay for items at SLAY WITH CONFIDENCE via the SLAY WITH CONFIDENCE Giftcard and/or via the Approved Giftcard to be completed. The SLAY WITH CONFIDENCE. Giftcard and/or the Approved Giftcard can be redeemed by selecting the payment method “Giftcard” when completing the order at SLAY WITH CONFIDENCE. The unique code must then be entered in the field indicated for this purpose.
16.4. If the total value of the items intended to be ordered from SLAY WITH CONFIDENCE is lower than the amount stated on the SLAY WITH CONFIDENCE Gift Card and/or the Approved Gift Card, the remaining amount will remain on the SLAY WITH CONFIDENCE Gift Card or the Approved Gift Card after payment. This remaining amount can then be used during the remaining valid term of the SLAY WITH CONFIDENCE Gift Card or the Approved Gift Card to pay for items in another order from SLAY WITH CONFIDENCE.
16.5. If the total value of the items intended to be ordered from SLAY WITH CONFIDENCE exceeds the amount stated on the SLAY WITH CONFIDENCE Gift Card and/or the Approved Gift Card, the remaining outstanding amount must be paid using one of the other payment methods offered by SLAY WITH CONFIDENCE before payment can be completed.
16.6. If the Purchaser/Consumer-purchaser wishes to return an item offered by SLAY WITH CONFIDENCE that was paid for with a SLAY WITH CONFIDENCE Gift Card and/or an Approved Gift Card, the amount debited from the relevant SLAY WITH CONFIDENCE Gift Card and/or Approved Gift Card will be refunded after the item has been accepted as a return shipment by SLAY WITH CONFIDENCE.
16.7. The SLAY WITH CONFIDENCE Giftcard is valid for two years after the purchase of the SLAY WITH CONFIDENCE Giftcard. It is also possible to check the current value of the SLAY WITH CONFIDENCE Giftcard for two years after the purchase of the SLAY WITH CONFIDENCE Giftcard. After two years after the purchase of the SLAY WITH CONFIDENCE Giftcard, the SLAY WITH CONFIDENCE Giftcard expires and the SLAY WITH CONFIDENCE Giftcard is no longer valid.
to be redeemed.
16.8. When purchasing a SLAY WITH CONFIDENCE Giftcard, the value of the SLAY WITH CONFIDENCE Giftcard must be determined. Only fixed amounts can be put on the SLAY WITH CONFIDENCE Giftcard, with a total maximum value of EUR 50.
16.9. The right of withdrawal does not apply to SLAY WITH CONFIDENCE Giftcard. Also it is not possible to return a SLAY WITH CONFIDENCE Giftcard, nor is it possible to exchange the value of the SLAY WITH CONFIDENCE Giftcard and/or the Approved Giftcard for cash.
16.10. SLAY WITH CONFIDENCE Giftcards are offered by SLAY WITH CONFIDENCE and by third parties approved by SLAY WITH CONFIDENCE.
16.11. Use of a SLAY WITH CONFIDENCE Giftcard for commercial purposes, including but not limited to resale, is not permitted. It is also not permitted to use the SLAY WITH CONFIDENCE Giftcards for purposes other than those for which they were issued. Any (attempts at) fraud or other actions and/or activities that are not permitted will be
noted and may result in SLAY WITH CONFIDENCE no longer being able to use the SLAY WITH CONFIDENCE Gift Card and/or Approved Gift Card at SLAY WITH CONFIDENCE.
allows.
Model cancellation/revocation Consumer-purchaser
Model cancellation/revocation form
Please complete and return this form only if you wish to cancel/revoke the Agreement.
At:
SLAY WITH CONFIDENCE
Strevelsweg 707-303
Postbox C2050
contact@slaywithconfidence.com
I/We (*) hereby inform you that I/we (*) revoke my/our (*) agreement regarding the sale of the following goods (*)/provision of the following service (*)
Ordered on (*)/Received on (*)
Name(s) of Consumer-purchaser(s)
Address of Consumer-purchaser(s)
Signature of Consumer-purchaser(s)
Date
(*) Cross out what does not apply.