Our general terms and conditions comply with the guidelines of the Dutch Authority for Consumers and Markets (ACM). Consumer rights are therefore well protected.

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1.1 Identity of the entrepreneur

VOF Desja Vu Art

Head office: Lecksdijk 1, 2811 NK Reeuwijk, The Netherlands

Studio: Kuijerdamseweg 66, 4322 NM Scharendijke, The Netherlands

Chamber of Commerce number: 81557205

VAT number: NL862136829B01

Rabobank: NL62RABO0363772413

E-mail: info@desjavu.com

1.2

The scarves are 100% handmade. Because of this, small irregularities in the design and/or finishing may occur. This contributes to the uniqueness of each item. All scarves are carefully inspected before being shipped.

These are delicate fabrics and must be used and handled with care as described in the usage instructions. We cannot accept liability for any damage occurring outside our control.

Article 2. Applicability

2.1

These general terms and conditions apply to all offers, orders and agreements concluded via the Désjà Vu webshop. Both Désjà Vu and the consumer recognize the legal validity of electronic communication, as established in European regulations. Any agreed deviations cannot be invoked by the consumer for future orders.

2.2

Accepting an offer or placing an order implies that the consumer accepts the applicability of these terms and conditions.

2.3

Deviations from these conditions are only valid if agreed in writing, in which case the remaining provisions shall remain fully in force.

Article 3. Offers / Agreements

3.1

All offers and quotations from Désjà Vu are without obligation. Désjà Vu expressly reserves the right to change prices, particularly but not exclusively when required on the basis of statutory regulations.

3.2

Displayed and/or provided samples and models, as well as descriptions of colours, sizes and other product details in brochures, promotional materials, websites or social media of Désjà Vu are as accurate as possible but serve only as an indication. No rights can be derived from these unless explicitly agreed otherwise in writing by both parties.

3.3

An agreement is only concluded after Désjà Vu has accepted the consumer’s order. Until Désjà Vu confirms the order to the consumer, no agreement has been formed. If the consumer’s acceptance deviates from the offer of Désjà Vu, Désjà Vu shall not be bound by it. In that case no agreement has been concluded unless explicitly agreed otherwise in writing.

3.4

Désjà Vu reserves the right to refuse orders. In such cases the consumer will be informed, with or without stating the reason. Any payment already made will naturally be refunded to the account of the bank or credit card company from which the payment originated.

3.5

By placing an order with us – via the website or by e-mail – a legally binding purchase agreement is formed and payment must follow.

Article 4. Prices / Shipping costs / Payment / Retention of title / Non-payment

4.1

The prices stated for the offered products and services are in euros and include VAT unless explicitly stated otherwise.

4.2

For transport within the Netherlands, Désjà Vu does not charge shipping costs for orders exceeding €50. For orders below this amount, the applicable shipping costs at that time will be charged.

For consumers outside the Netherlands, the shipping contribution depends on the destination country and the total order value. Désjà Vu reserves the right to adjust this amount according to the most current rates charged by PostNL or a comparable parcel delivery service.

4.3

Désjà Vu works primarily with advance payment (online payment or bank transfer in advance). After placing an order, the consumer will receive an e-mail confirmation stating the total costs, including shipping costs.

No additional charges apply for online payments. After receipt of the full payment, Désjà Vu will ship the consumer’s order. All items remain the property of Désjà Vu until full payment has been received.

Article 5. Delivery

5.1

Désjà Vu will generally ship all orders within 2–5 working days after receiving payment via PostNL to the delivery address specified during the order process. If we need to deviate from this for any reason, the consumer will be notified by e-mail.

If the consumer is not at home at the time of delivery, the parcel can be collected at a nearby PostNL pickup point. If the parcel is not collected within 3 weeks, it will be returned to us. Désjà Vu will refund the purchase amount minus the shipping costs to the consumer.

5.2

If delivery times are expressed in working days, this refers to all days from Monday to Friday, excluding public holidays.

5.3

The stated delivery times are indicative only. Exceeding the stated delivery period does not entitle the consumer to compensation, termination of the agreement, or failure to comply with any obligation that may arise from this or any related agreement.

Article 5. Delivery (continued)

5.4
The product must be delivered to the consumer no later than 30 days after the order has been placed. If this does not occur, the consumer has the right to immediately cancel the purchase. This does not apply if the parties have agreed on a different delivery period or in cases of force majeure on the part of Désjà Vu or third parties engaged by Désjà Vu.

5.5
Désjà Vu aims to deliver the order in one shipment, but reserves the right to deliver the order in multiple shipments if necessary.

5.6
We make every effort to keep the website as up to date as possible. However, it may occasionally occur that an item is unexpectedly no longer available. In such cases, Désjà Vu will contact the consumer as soon as possible.

Article 6. Right of Withdrawal / Returns / Warranty

6.1

After receiving the ordered items purchased through our webshop or via e-mail, the consumer has a cooling-off period as described in Article 6.3.

6.2

Upon receipt, the item must be inspected for any errors, imperfections, or damage. Any such issues must be reported to us by e-mail within 14 days after receipt by the consumer. Items with an error, imperfection, or damage that are returned without such notification within 14 days after receipt cannot be accepted.

6.3

If the consumer is not satisfied with the order, the consumer may notify us within 14 days after receiving the item(s) by e-mail that they wish to return the item(s). The return shipment can be registered by e-mail via info@desjavu.com.

The consumer must send the item(s) to be returned in the original packaging and e-mail the proof of shipment to Désjà Vu. The consumer is responsible for the costs of the registered return shipment.

6.4

The right of withdrawal does not apply to custom-made products (such as the Flower Bling rings).

6.5

Désjà Vu does not accept returns of items that have been worn. Products must be returned in their original packaging, and all documentation, including the certificate of authenticity, must be included with the return.

6.6

Once the consumer has returned the ordered items, the consumer will receive a refund of the purchase price excluding shipping costs, subject to the provisions of Article 6.7.
If the consumer keeps part of the order, only the purchase price of the returned items will be refunded, not the shipping costs.

Please note: The return shipment must be sent by registered mail.

6.7

Within 14 days after receiving the returned items, we will instruct the bank or credit card company used for the original payment to refund the amount paid (excluding the registered return shipping costs) to the consumer.

Any additional shipping costs for the original delivery chosen by the consumer that exceed the least expensive standard delivery method offered by Désjà Vu will not be reimbursed.

6.8

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

In order to exercise the right of withdrawal, the returned items must be properly packaged, complete, undamaged, unused, and returned in the original and undamaged packaging, together with the packing slip.

If damage occurs due to inadequate return packaging or if the parcel is insufficiently stamped, Désjà Vu reserves the right to refuse the return shipment.

6.9

Under applicable law, the consumer is entitled to receive a product that meets reasonable expectations regarding quality and usability.

If there is a problem with the quality of the product, we will resolve it as soon as possible. If the proposed solution does not meet the consumer’s expectations, the consumer may cancel the order without additional costs.

6.9a

The warranty and right of withdrawal referred to in this article will lapse, among other cases, if:

1. The item has been worn and/or washed (this does not include trying on clothing);

2. The item has been damaged by the consumer and/or the consumer has attempted to repair the damage or defect;

3. Labels and/or accessories have been removed or are missing;

4. The consumer has not followed the instructions for use; and/or

5. The item has been manufactured according to specifications provided by the consumer.

6.10

The right of withdrawal does not apply to custom-made products.

Article 7. Force Majeure

7.1
In the event of force majeure, Désjà Vu has the right, at its own discretion, to suspend the execution of the order or to terminate the agreement without judicial intervention, by notifying the consumer in writing. In such cases, Désjà Vu shall not be liable for any compensation for damages, unless this would be considered unacceptable under the standards of reasonableness and fairness in the given circumstances.

7.2
Force majeure shall be understood to mean any failure or shortcoming that cannot be attributed to Désjà Vu, because it is not due to its fault and cannot be held against it under the law, legal acts, or generally accepted standards in commercial practice.

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Article 8. Liability

8.1

Désjà Vu shall not be liable for indirect or consequential damages. Désjà Vu will only rely on this exclusion of liability to the extent that it is legally permitted.

8.2

In case of complaints, you may always contact us in writing at info@desjavu.com. The liability of Désjà Vu is limited to replacement or refund of the item, provided that there is no intent, gross negligence, culpable conduct, or improper or careless use by the customer. No compensation will be provided in the event of incorrect use of the product.

Article 9. Miscellaneous

9.1

If the consumer provides Désjà Vu with a written address, Désjà Vu is entitled to send all orders to that address unless the consumer provides Désjà Vu with a different address in writing to which the orders must be sent.

9.2

If Désjà Vu allows deviations from these General Terms and Conditions, whether explicitly or implicitly and for a short or longer period of time, this shall not affect its right to require immediate and strict compliance with these General Terms and Conditions at any time. The consumer can never derive any rights from the fact that Désjà Vu applies these conditions with flexibility.

9.3

If one or more provisions of these General Terms and Conditions, or of any other agreement with Désjà Vu, conflict with any applicable legal provision, the relevant provision shall cease to apply and shall be replaced by a new legally permissible provision to be determined by Désjà Vu that is as similar as possible in intent.

9.4

Désjà Vu is entitled to engage third parties in the execution of orders.

Article 10. Complaints Procedure

10.1

Désjà Vu has a sufficiently publicized complaints procedure and will handle complaints in accordance with this procedure.

10.2

Complaints regarding the execution of the agreement must be submitted to Désjà Vu fully and clearly described within 7 days after the consumer has identified the defect. Complaints can be submitted via info@desjavu.nl.

10.3

Complaints submitted to Désjà Vu will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, Désjà Vu will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

10.4

The consumer shall give Désjà Vu at least 4 weeks to resolve the complaint by mutual agreement.

10.5

In the event of complaints, the consumer should first contact Désjà Vu at info@desjavu.com. Désjà Vu will process the complaint as described in Article 10.3.

10.6

A complaint does not suspend the consumer’s obligations, unless Désjà Vu indicates otherwise in writing.

10.7

If a complaint is found to be justified by Désjà Vu, Désjà Vu will, at its discretion, replace, repair, or refund the delivered products free of charge.

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Artikel 11. Toepasselijk recht

11.1 Op alle rechten, verplichtingen, aanbiedingen, bestellingen en overeenkomsten waarop deze voorwaarden van toepassing zijn, is uitsluitend Nederlands recht van toepassing. De toepasselijkheid van het Weens Koopverdrag (CISG) is uitdrukkelijk uitgesloten.

 

Artikel 12. Privacy beleid

12.1 De door u aan ons verstrekte gegevens worden opgenomen in ons klantenbestand. Dit klantenbestand is niet beschikbaar voor andere bedrijven of commerciële instellingen.

Het kan zijn dat sommige klantengegevens vermeldt op voorbeelden, gebruikt worden voor commerciële doeleinden.

 

Artikel 13. Auteursrechten

13.1 Alle ontwerpen en producten zijn auteursrechtelijk beschermd. Het is niet toegestaan, zonder voorafgaande schriftelijke toestemming van Karen Wullings, het werk te gebruiken, verveelvoudigen, bewerken of openbaar te maken op straffe van een te betalen boete.

 

13.2 Elk ontwerp is o.a. bij de notaris gedeponeerd om datum tot standkoming ontwerp en authenticiteit te bewijzen.

 

13.2 Indien een overeenkomst tot stand is gekomen met betrekking tot de aankoop van een product/ontwerp van de kunstenaar Karen Wullings/Désjà Vu geeft dit nog niet het recht om het ontwerp ook voor een ander doel te gebruiken, te bewerken, kopiëren, dupliceren etc.. niet zonder schriftelijke toestemming die verkregen moeten worden door Karen Wullings. Indien deze regel wordt overtreden, zal een gepaste boete worden opgelegd.

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Vragen over deze algemene voorwaarden of vragen over één van de ontwerpen/producten van Désjà Vu, u kunt ons altijd mailen, info@desjavu.com.