General terms & conditions John Miller

1. Definitions
1.1. Consumer: a natural person who is not acting in a professional capacity or as a business and who enters into a remote agreement with the Company.
1.2 Company: a legal person who offers products and/or services remotely to the Consumer whose identity is described in Article 2 of these Terms & Conditions.
1.3. Agreement: an agreement whereby exclusive use is made of one or more techniques for remote communication, within a system organised by the Company for the remote sale of products, up to and including the conclusion of the agreement.
1.4. Reflection time: the period during which the Consumer may exercise his/her right of withdrawal, which is fourteen days following the date of receipt of the products.
1.5. Day: calendar day.
1.6. Right of withdrawal: the possibility for Consumers to cancel the remote agreement within the reflection period.
1.7. Website: the Company sells remotely via the website www.johnmillershirts.com/en/. Several related websites may have links to the named website. Orders are placed on the website www.johnmillershirts.com/en/
1.8. Terms & Conditions: the General Sale and Delivery conditions of the Company.
2. Identity of the Company
2.1. Company: the private company with limited liability Van Winkel Fashion b.v. located in Budel, Netherlands, Gastelweg 74 6021 GM being the user of these Terms & Conditions; reachable at the telephone number +31 495 498800; email address: info@johnmillershirts.com. Registered at the Chamber of Commerce under the number: 17060564; VAT number: NL008481143B01
3. Applicability
3.1. These Terms & Conditions apply to every offer from the Company, every order from the Consumer and to every Agreement established remotely between the Company and the Consumer.
3.2. Before concluding the Agreement, the text of these Terms & Conditions will be made available to the Consumer. If this is not reasonably possible, and before entering into the Agreement, the Consumer will be notified that Terms & Conditions can be consulted at the Company’s premises and that, upon request from the Consumer, they can be sent as soon as possible and free of charge.
3.3. If the Agreement is concluded electronically, and notwithstanding the previous paragraph, and before the Agreement is concluded, the text of the Terms & Conditions may be made available electronically to the Consumer in order to allow him to store these Terms & Conditions on a permanent data storage medium. If this is not reasonably possible, before the Agreement is concluded, the Consumer will be notified of where the Terms & Conditions can be viewed electronically and that, upon request of the Consumer, the Terms & Conditions will be sent electronically or via another method free of charge.
3.4. The Consumer is obliged to accept the Terms & Conditions before entering into the Agreement, failing which no Agreement will be concluded
4. The offer
4.1. All offers from the Company are non-binding, unless specifically mentioned otherwise, and can be recalled by the Company.
4.2. Offers are not automatically valid for repeat orders and the Company reserves the right to modify the prices of the offers.
4.3. The period of validity for all offers is defined as: as long as the product is in stock or for the duration which is mentioned on the website. If the term of an offer is exceeded, the offer will be cancelled and the Consumer can no longer make use of the offer.
4.4. The offer shall include a complete and accurate description of the products offered. The description will be sufficiently detailed for the Consumer to make a sound assessment of the offer. If the Company uses images, these will show a true representation of the products. An obvious mistake or error in the offer, shall not bind the Company.
5. Orders
5.1. The Consumer can place orders in the manner described on the website www.johnmillershirts.com/en/
5.2. Should the Company have valid reasons, the Company is allowed to refuse an order or to attach special conditions to the Agreement.
5.3. If the Company does not accept an order, or if the Company wants to attach special conditions to the Agreement, the Company must communicate this at the latest within seven working days after receipt of the order from the Consumer.
5.4. The Company can - within the legal framework – enquire as to whether the Consumer can meet his/her payment obligations, as well as about all the facts and elements that are important for the responsible conclusion of the Agreement. Based on this investigation, if the Company has good reason not to conclude this agreement, it is duly entitled to refuse an order or a request or to attach specific conditions to the execution thereof.
6. Establishing the agreement
6.1. Subject to the provisions of Article 5, the Agreement is final from the moment that the Consumer places an order with the Company based on the offer from the Company, whereby the offer is accepted by the Consumer, and the Consumer satisfies the conditions thereby stipulated.
6.2. The Company will confirm the reception of the order electronically. The Consumer can cancel the Agreement up until the receipt of the order has been confirmed.
7. Prices, payments and shipping costs
7.1. The prices mentioned on www.johnmillershirts.com/en/ are in Euros, including VAT and excluding shipping costs, unless mentioned otherwise or agreed in writing.
7.2. A charge for the shipping costs will be mentioned separately to the Consumer, prior to placing the order. This charge can depend on the size of the order. The charges for shipping costs will not be reimbursed in the case of a return.
7.3. After placing the order, the Consumer will immediately receive a confirmation by email containing the total costs, including the shipping costs.
7.4. The Consumer can pay for the products ordered, using iDEAL or by credit card, prior to the delivery. The Consumer also has the possibility of paying upon delivery or afterwards. In this case, there will be additional costs.
7.5. For payment by credit card the Company reserves the right to verify the validity of the credit card, or whether the spending limit is sufficient to cover the purchase amount and/or whether the address details of the Consumer are correct. The Company reserves the right to refuse a purchase by credit card.
7.6. The Company will only deliver the product when the payment, or 50% of the payment of the purchase price, has been received.
7.7. If the Consumer has not paid the purchase price on time, the Company will send a first reminder free of charge to the Consumer, with the request to pay within 14 days. Upon expiry of this period, if the Company has not received the purchase price from the Consumer, a second reminder will be sent with an additional € 15.00 fee for non-judicial costs on the outstanding amount. Should the Company still not have received the payment after the second reminder, it may transfer the collection to a third party. If the Company proceeds with collection measures, the Consumer will be obliged to reimburse all reasonably established (collection) costs, legal and extra-legal, to the Company.
8. Delivery and risk
8.1. The Company takes the greatest care with the order intake and the delivery of the ordered products.
8.2. The Company will dispatch the orders that have been accepted and paid for as quickly as possible, in the order of arrival.
8.3. The order will be delivered to the address given by the Consumer. The Company aims to ship the orders on workdays within 48 (forty-eight) hours after the order has been accepted and paid. The delivery times mentioned are based on best effort and are not set in stone. The Company is not responsible nor liable for a different delivery time.
8.4. If the delivery is delayed, or if an order that has been accepted and paid for can only be partially shipped, the Consumer will receive notice of this at the latest within 14 days after the order has been placed. In this case, the Consumer has the right to cancel the Agreement free of charge. In case of cancellation and if the Consumer has already paid for the ordered products, the Company will reimburse the Consumer as quickly as possible and at the most within two weeks after the written cancellation notice. The Consumer must accept the purchased products if these are made available by the Company to the Consumer.
8.5. The Consumer is obliged to receive the products at the agreed location at the time that the Company delivers them or has them delivered, or at the time that the products are made available in accordance with the Agreement. Should the Consumer remain in default in this respect, then the costs incurred as a result shall be borne by him/her, including the shipping costs referred to in Articles 7.1 and 7.2.
8.6. Should the Consumer refuse or be late in providing the information or instructions required for the delivery, the products scheduled for delivery will be stored at the expense and risk of the Consumer.
8.7. If the Consumer has provided the wrong address for delivery, then the Company has the right to charge the Consumer for extra delivery costs.
8.8. Exceeding the agreed delivery times does not entitle the Consumer to compensation, cancellation of the Agreement or non-fulfilment by the Consumer of any obligation which may arise from this or any other related agreement, subject to the provisions of Article 8.4.
8.9. The delivery of the purchased products will take place at the address specified by the Consumer during the order. If the Consumer is not at home at the time of the delivery, the Company is entitled to deliver the products to the Consumer’s neighbours.
8.10. The Company endeavours to keep the website www.johnmillershirts.com/en/ up to date as much as possible. Should a product unexpectedly become unavailable, the Company will notify the Consumer within 14 days after the placing of the order.
8.11. The risk of damage and/or missing products remains with the Company until the Consumer has received the delivery (with proof).
9. Right of withdrawal after product delivery
9.1. The Consumer has the right to cancel the Agreement for no reason during fourteen days from the day of receipt of the product/products.
9.2. During this reflection period the Consumer shall handle the products and the packing materials with care. The Consumer shall only unpack or use the products to verify whether he/she wants to keep the product. If the Consumer uses his right of withdrawal, he/she will return the product to the Company with all the delivered accessories and in the original state and packaging.
9.3. Should the Consumer want to exercise his right of withdrawal, then he/she must return the product(s) within the period defined in Article 9.1, using the accompanying return form, to the following address: Van Winkel Fashion b.v. John Miller webshop, Antwoordnummer 4503, 6020 ZX Budel.
9.4. The products returned must be in a condition that corresponds with normal use for fitting purposes, as is typically done in a shop and must still have the original labels. Should a product have suffered a deterioration in quality and/or the original labels have been removed, the Company reserves the right to reimburse (or not) the entire or a partial amount of the purchase price.
9.5. The Company shall reimburse the purchase price within 14 days after receiving the returned product, as long as the product has not been damaged, has not been worn, has not been washed, has not been used or modified and still has the original packaging and labels. The shipping costs that have been paid by the Consumer for the transport from the Company to the Consumer, will not be not reimbursed.
10. Complaints
10.1. All shipments are insured by the Company (do not know if we insure shipments, probably yes). If the Consumer observes damage to the packaging of the goods before unpacking, he/she must contact the Company immediately. Should the Consumer have already opened the package at the time that the Consumer observes the damage, he/she must indicate this on the return form.
10.2. At the time of delivery, the Consumer is obliged to ensure that the products correspond to the Agreement. Should this not be the case, the Consumer must communicate this to the Company in writing, with justification, as quickly as possible and in any case within fourteen (14) working days after delivery of the product to the Consumer.
10.3. Minor deviations in quality, colour, size, weight, finish, design etc. that are deemed acceptable in the trade or that are technically unavoidable, do not form a basis for complaints.
10.4. Should it be proved that the products do not meet the terms of the Agreement, the Company may choose to replace the returned products with new products or to refund the invoice value thereof to the Consumer.
11. Retention of property
11.1. The Company retains complete ownership of the delivered product until the purchase price has been paid.
12. Intellectual property rights
12.1. The Intellectual Property Rights related to texts, images, design, data files, photos and other imagery (still or moving), formats, software, brands, domain names and other materials, that arise from the website www.johnmillershirts.com/en/ reside with the Company, its licensors, the manufacturers of the products concerned and/or third parties to whom the Company is not bound.
12.2. The Consumer does not have the right to make the website www.johnmillershirts.com/en/ (or parts thereof) public in any manner and/or to reproduce it in any manner. The Consumer may not make any modification to the delivered products unless the nature of the product dictates otherwise or if otherwise agreed in writing. The Consumer may only create a hyperlink to www.johnmillershirts.com/en/ if this occurs purely for informational purposes for Consumers. Creating a hyperlink for any other purpose, such as a commercial goal, is strictly prohibited. (I find this a good add for brand suppliers.
13. Miscellaneous
13.1. Any deviation from these Terms & Conditions shall be concluded exclusively in writing between the Company and the Consumer. These deviations cannot be used in future legal relationships or agreements. The Company’s administrative records are accepted as valid confirmation, unless proved otherwise, of the requests and/or orders of the Consumer. The Consumer acknowledges that electronic communication can be used as proof. The Company is entitled to transfer to a third party the rights and obligations with the Consumer with a simple notification to the Consumer. Should one or more of the provisions of these Terms & Conditions, or any other agreement with the Company, be in contradiction with any applicable legal regulation, that provision shall be void and shall be replaced by another one, legally permissible, established by the Company.
14. Applicable law and competent court
14.1. These Terms & Conditions and the resulting agreements/disputes are governed exclusively by the laws of the Netherlands.
14.2. All disputes relating to an agreement or the implementation of an agreement between the Consumer and the Company, that cannot be resolved by mutual agreement between the parties, will be submitted to the competent judge in the legal district of the Consumer’s residency.

Privacy regulation

General

The Company respects the privacy of all users of its webshop and shall ensure that personal information is handled confidentially. The Company realises that it is important for our webshop users to know how the Company handles their personal data and how it is being used. In these privacy regulations we provide you with more detail. The party responsible for the handling of personal data is Van Winkel Fashion b.v., established at de Gastelseweg 74 in (6021 GM) Budel. The Company handles personal data in accordance with the General Data Protection Regulation.

Collection and Use of your data

When you place an order on our webshop, we need your name, email address, shipping address and payment data to enable the execution of the order and to inform you about the progress of the order. The Company uses this personal data only to execute the orders as quickly and efficiently as possible and to offer you the service that you expect from us. When you place an order on Johnmillershirts.com we keep your data in a personal account. You can supply a user name and a password to avoid having to re-enter your name, email address, phone number, shipping and payment data with every order. This data is also handled in accordance with this privacy regulation. We use your email address with your permission to inform you about new fashion accessories, fashion articles and special offers and/or promotions. Should you not wish to receive these you can unsubscribe at any time via a link in the email message or your personal John Miller account. The Company may also invite you, by email, to take part in a market survey to improve its products/services. For anything else, we will only use this data with your permission. If you react to an offer or a competition, we will request your name, address and email address. We will use this data to execute the offer, to announce (a) prize winner(s) and to measure the response to our marketing actions and not for any other purpose. Personal data is not generally kept for longer than required to achieve the purposes for which it was collected or is being used, for the duration that your account remains active, or to satisfy legal requirements.

Access to data

The Company will not sell personal data to third parties and will only provide the data to third parties that are involved in the execution of an order or if the Company is legally obliged to do so.

Cookies

Like many other websites we also use cookies, small files that are stored by your browser on the hard drive of your computer. Cookies can also be stored on your mobile phone or on another device. The Company has access to its own cookies (first-party cookies). The cookies are used to gather information and to analyse your use of the website. During the current session the Company also uses session-cookies that are stored on your computer by the browser. These are small pieces of information that our server sends to your browser, so that your usage of the website during a session is made easier since, if you go back to a previous page during a session, that page’s information is still available. Other than the IP address the session cookies don’t contain other personal data. In addition, we also use third-party cookies (Google Analytics) to collect information and analyse your use of the website. If you don’t want to provide your permission to use (session) cookies, you must configure your browser to refuse cookies during your visit to the website. In that case, however, it’s possible that you may not have access to all functionality of the website. You can also configure your browser so that you are informed when a cookie is placed on your computer. Via “HELP” in the toolbar of most browsers you can find more information about configuring your computer.

Links

On our website there can be links to other websites over which we have no control. We offer these links to make it easier for our visitors to find more information about specific topics. It’s possible that these third parties can place third-party cookies on your computer and these third parties have access to these cookies. The Company has no influence on the placement and the functionality of these third-party cookies and does not accept any liability for the protection of personal data or for the content of these websites. You visit these websites at your own risk.

Your rights

You have a right of access, correction and deletion of your personal data that you provided to us. You can request this information from us and ask for the data to be modified or deleted. For this you can contact the John Miller customer service by email info@johnmillershirts.com. If you have questions or complaints regarding the Company’s privacy policy, please contact us also via the above-mentioned address. We will handle your questions or claims and react within maximum four weeks. If you’re not satisfied with the handling of your complaint, you can contact the Personal Data Authority (AP) in The Hague and, if you wish, file a complaint with the AP.

Changes in the Privacy policy

This privacy policy may occasionally be modified if required by new legislation. The most up to date privacy policy can be found on www.johnmillershirts.com/en/privacy-policy/. We advise you to review this privacy policy on a regular basis so that you remain informed of how we protect your data.

Disclaimer

COPYRIGHT © 2020 Van Winkel Fashion b.v.

This website and all its components are the exclusive property of the Company. All images, texts and other imagery used on this website are protected by copyright and may not be made public or duplicated either fully or partially without prior written approval of the Company. All brands and logos on the website are the exclusive property of the Company and may not be used without prior written approval from the Company.