Terms & Conditions
Last Updated 28 February 2021
Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (you,
buyer), and Season Sister Sale V.O.F. VAT number: NL850674967 B01,
Chamber of Commerce the Netherlands: 52939251, located at Kleine
Berg 41, Eindhoven, 5611 JS Netherlands (we, us, seller) concerning your
access to and use of the 4 th of August (www.4thofaugust.com) website as
well as any related applications (the Site).
The Site provides the following services: Sales of physical products like
Eau de Parfum. You agree that by accessing the Site and/or Services, you
have read, understood, and agree to be bound by all of these Terms and
Conditions. Sales concluded through pyshical points of sale (such as our
retail boutiques) or third parties (such as authorized retailers) are not
subject to these General terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are
prohibited from using the Site and Services and you must discontinue use
immediately. We recommend that you print a copy of these Terms and
Conditions for future reference.
1.2 The supplemental policies set out in Section 1.6 below, as well as any
supplemental terms and condition or documents that may be posted on
the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time.
The updated version of these Terms and Conditions will be indicated by
an updated “Revised” date and the updated version will be effective as
soon as it is accessible. You are responsible for reviewing these Terms
and Conditions to stay informed of updates. Your continued use of the
Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect
changes to our products, our users’ needs and/or our business priorities.
1.5 Our site is directed to people worldwide. The information provided
on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
1.6 Additional policies which also apply to your use of the Site include:
Acceptable Use
2.1 You may not access or use the Site for any purpose other than that
for which we make the site and our services available. The Site may not
be used in connection with any commercial endeavours except those
that are specifically endorsed or approved by us.
2.2 An agreement will be concluded by the Buyer and the Seller
exclusively by means of the Seller’s acceptance of an order (the offer)
from the Buyer that has been placed on or via the website in the
following manner:
The Buyer has selected the Product desired in the desired fragrances and
has added the Product to the shopping cart. The Buyer has followed and
completed the following steps:
Step 1: The Buyer has filled in his/her address details and, if the
delivery address is not the same as the invoice address, the delivery
address desired.
Step 2: The Buyer has checked the order.
Step 3: The Buyer has selected the payment method desired and possibly
has made a full advance payment.
The Order has been placed. The Buyer will receive a confirmation of the
Order that has been placed in an electronic manner (via the Website).If
the Order has been accepted by the Seller, the Seller will send the Buyer a confirmation, by e-mail, as soon as possible after the Order has been
placed.
2.3 The Seller will be entitled to reject the Order placed by the Buyer in
the following cases, among others:
If the total value of the Order is above € 1000.00
If the information that the Buyer has filled in is incorrect and/or
incomplete, or if the Seller is reasonably entitled to doubt whether that is
the case.
If the Buyer’s payment is not received within the agreed term.
If the Buyer has already failed to comply with his/her payment
obligations towards the Seller in the past.
If the Buyer in the past has failed to accept and/or collect Orders that
he/she placed with the Seller.
If there is an obvious mistake or clerical error, for example in the prices
indicated on the Website.
If the delivery address desired is not located in the Netherlands.The
Seller will notify the Buyer as quickly as possible if an Order is not
accepted.
2.4 The buyer is entitled to return the product within 14 days of the
receipt of the order and will receive a full refund within 14 days of the
returning date. The product is not removed from packaging.
2.5 The Seller will keep the Agreement on file and retain it for a certain
term. If the Buyer has his/her own account he/she will be able to consult
the Agreement by logging in to that account. The Buyer may also request
a copy of the Agreement from the Seller – as long as the Seller has it on
file – by contacting the Seller via the contact details that can be obtained
by clicking on the ‘Contact’ button on the Website.
2.6 The Agreement, including the security and privacy placed on the
Website and these General Terms and Conditions, constitute the entire agreement between the Buyer and the Seller with respect to the use of
the Website and the placement and execution of an Order.
Delivery method and delivery dates
3.1 Shipment will be made using a carrier designated by the Seller.
3.2 After the Agreement has been concluded the Seller will send the
Products as quickly as possible, to the address indicated by the Buyer,
provided that the Seller has received the full Purchase Price if the Buyer
has chosen for advance payment and unless the parties have agreed on a
longer delivery period.
3.3 The Seller will make delivery in accordance with agreed delivery dates
to every extent possible; however, the Buyer acknowledges that the
delivery dates are based on the circumstances of which the Seller is
aware at the time at which the Agreement is concluded and, insofar as
they are dependent on work or services to be provided by third parties,
on the information that such third parties provide to the Seller.
3.4 The Buyer will receive notice after the Agreement is concluded in
the event that the delivery is delayed or in the event that an order
cannot be executed in whole or in part, in which case the Buyer will be
entitled to dissolve the Agreement free of charge until the time at which
the Order is shipped.
3.5 The risk with respect to any damage to or loss of the Products will
be transferred to the Buyer as from the time at which the Products are
delivered.
Price and payment
4.1 The prices indicated on the Website are denominated in euros, are
inclusive of Value Added Tax (VAT) (if applicable) and are exclusive of
shipping costs. The shipping costs will be charged separately in respect of each Agreement. The total Purchase Price due will be indicated when the
Order is placed and when the Agreement is confirmed.
4.2 The Seller will be entitled to adjust the prices indicated on the
Website from time to time without any notice being required. The prices
indicated at the time at which the Order is placed will be deemed to be
the prices that form part of the Agreement.
4.3 Payment may be made using the methods indicated on the Website
and must be made before after the Product has been delivered.
4.4 The Buyer is obliged to notify the Seller immediately regarding any
errors in the payment details that the Buyer has provided to the Seller.
4.5 In the event that the Buyer exceeds the term for payment he/she
will be in default by operation of law, and the Seller will be entitled to
charge statutory interest on the outstanding amount as from the due
date.
Intellectual property rights
5.1 Any and all marks, product names, logos, models and designs
(referred to below as the ‘IP Rights’) that are depicted on or affixed to
the Products or otherwise related to the Products are the property of the
Seller or one or more of its group companies. The Buyer acknowledges
the Seller’s proprietary rights in respect of the IP Rights and will refrain
from using the IP Rights in any way, and the Buyer will refrain from any
conduct that could harm or otherwise negatively affect the IP Rights.
5.2 The Seller refers to the disclaimer with regard to the intellectual
property rights in respect of the Website.
6 – Right of Withdrawal
6.1 When purchasing products, the Consumer may cancel the Contract
during a period of 14 Days, without stating reasons. This reflection period
commences on the day after the Products were received by the
Consumer or – when Consumer has indicated a delivery address other than its home address – on the day the Products were received on this
delivery address.
6.2 During the Reflection period Consumer will handle the Products and
the packaging with due care. Consumer shall only unpack or use the
Product to the extent this is necessary to assess whether they wish to
keep the Product. Should Consumer exercise its Right of Withdrawal, he
shall return the Product to 4 th of August in its original state and
packaging, in accordance with the instructions provided by 4 th of August.
6.3 If Consumer intends to use its right of withdrawal, it must inform 4 th
of August of this intention within 14 days after receiving the Product. The
Consumer must prove that the delivered Products were returned in a
timely manner by means of a proof of postage.
Guarantee and liability
7.1 The Seller is not liable for any indirect, additional or consequential
damage, of any kind whatsoever, that the Buyer sustains in connection
with the Agreement. Under no circumstances will any direct damage, for
which the Seller is legally liable towards the Buyer, exceed the Purchase
Price. This provision is not intended to exclude the Seller’s liability in the
event of bodily injury or death.
7.2 The Seller refers to the disclaimer with regard to its liability in
respect of the Website and the use of the Website.
Modifications to and availability of the Site
8.1 We reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion without
notice. We also reserve the right to modify or discontinue all or part of
the Services without notice at any time.
8.2 We cannot guarantee the Site and Services will be available at all
times. We may experience hardware, software, or other problems or
need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site or Services during any downtime or
discontinuance of the Site or Services. We are not obliged to maintain
and support the Site or Services or to supply any corrections, updates, or
releases.
8.3 There may be information on the Site that contains typographical
errors, inaccuracies, or omissions that may relate to the Services,
including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and
to change or update the information at any time, without prior notice.
Term and Termination
9.1 These Terms and Conditions shall remain in full force and effect while
you use the Site or Services or are otherwise a user of the Site, as
applicable. You may terminate your use or participation at any time, for
any reason, by following the instructions for terminating user accounts in
your account settings, if available, or by contacting us at
info@4thofaugust.com
9.2 Without limiting any other provision of these Terms and Conditions,
we reserve the right to, in our sole discretion and without notice or
liability, deny access to and use of the Site and the Services (including
blocking certain IP addresses), to any person for any reason including
without limitation for breach of any representation, warranty or
covenant contained in these Terms and Conditions or of any applicable
law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services
is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and
the Services or delete any content or information that you posted at any
time, without warning, in our sole discretion.
Applicable Law and Competent Court
10.1 Dutch law exclusively governs all Contracts between 4 th of August
and Consumer to which these General Terms and Conditions apply. This
also applies to Consumers living abroad.
10.2 All disputes relating to a Contract or the performance of a Contract
between Consumer and 4 th of August which cannot be resolved between
parties, will be submitted to the competent court for the jurisdiction in
which Consumer resides.
General
11.1 Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email
and on the Site, satisfy any legal requirement that such communication
be in writing.
You hereby agree to the use of electronic signatures, contracts, orders
and other records and to electronic delivery of notices, policies and
records of transactions initiated or completed by us or via the Site. You
hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by other than electronic means.
11.2 These Terms and Conditions and any policies or operating rules
posted by us on the Site or in respect to the Services constitute the entire
agreement and understanding between you and us.
11.3 Our failure to exercise or enforce any right or provision of these
Terms and Conditions shall not operate as a waiver of such right or
provision.
11.4 We may assign any or all of our rights and obligations to others at
any time.
11.5 We shall not be responsible or liable for any loss, damage, delay or
failure to act caused by any cause beyond our reasonable control.
11.6 If any provision or part of a provision of these Terms and Conditions
is unlawful, void or unenforceable, that provision or part of the provision
is deemed severable from these Terms and Conditions and does not
affect the validity and enforceability of any remaining provisions.
11.7 There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms and
Conditions or use of the Site or Services.
11.8 The following are trade marks of 4 th of August. You are not
permitted to use them without our approval, unless they are part of
material our Site explicitly states you are permitted to use.
11.9 Except as stated under the Mobile Application section, a person who
is not a party to these Terms and Conditions shall have no right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of these
Terms and Conditions.
11.10 In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us by
emailat info@4thofaugust.com or by post to:
4 th of August
Kleine Berg 41
Eindhoven
5611 JS Netherlands
© All Rights Reserved 2021 · 4 th of August.
