General terms & conditions

Identity

The one-man business Carolina Guzman is located at Nieuwstraat 37a in (4331 JK) Middelburg, where she is registered with the Chamber of Commerce under number 81283954, is represented by Ilse Carolina Guzman Carrillo who presents its services on the website and webshop: www.carolinaguzman.com and through a physical store in Middelburg and further promote it through its social channels: Instagram (@carolinaguzman.eu/ @carolinaguzman.official) and Facebook (@carolinaguzman.eu).

Services

We provide women with exclusive clothing, specifically for events and special occasions. We focus on women in the age group 25-45 years, with a high level of education / or a good job who can afford to buy the better brand-related quality clothing and who are further characterized by their frequent travel, business trips, and events, both domestic and foreign. Other elements of our service: - There are three different ways to acquire a Carolina Guzman garment. The first one is that customers have the opportunity to choose the dress they want to wear most in brand terms, with photos on the website and also available in the standard sizes XS-XL; - There are also various designs to choose from. These will be adapted to each customer's measurements. Some measurements will be requested during the modification of the existing design to further tailor the garment; - The customer can also contact us, so that we can give advice in which we can make special and specific recommendations for her dress when it comes to body type, to wear colours that best suits her, to use materials and fabrics that can express extra feel & look at her. This will also take into account the type of occasion, location and time at which the dress will be worn.

Definitions

- Consumer: the natural person who does not act on the basis of a profession or business; - Non-consumer: the person or persons acting on the basis of an occupation or business; - Entrepreneur: Carolina Guzman; - The parties: the consumer and the entrepreneur; - Agreement: the distance contract concluded between the entrepreneur and the consumer in the form of an organized system for distance selling of products, whereby up to and including the conclusion of the contract one or more techniques for distance communication are used exclusively or jointly; - Offer: the products and related rates and information that entrepreneur presents on his website and webshop; - Distance communication technology: Means which can be used to conclude an agreement without having to meet consumers and entrepreneurs simultaneously in the same room; - Right of withdrawal: the possibility for consumers to refrain from the distance contract within the period of reflection; - Period of reflection: The period within which the consumer may exercise his right of withdrawal.

Scope general terms

1. These general terms and conditions shall apply to all offers made by the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer and, furthermore, to all offers, offers, works, orders, contracts and supplies of services by or on behalf of the entrepreneur to the consumer. 2. The Entrepreneur shall be entitled to amend these conditions. 3. The parties may only derogate from these conditions during an ongoing agreement, provided that they have expressly agreed and confirmed each other by e-mail. 4. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions to the contract by the consumer or third parties. 5. Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general conditions can be seen by the entrepreneur and that they will be sent As soon as possible free of charge at the request of the consumer. 6. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will indicate where the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise. 7. If any of the provisions of these general terms and conditions are null and void or should be destroyed, the other provisions of these terms and conditions shall continue to apply in full. The provisions of these general terms and conditions may only be waived if and to the extent expressly agreed between the parties. 

Establishment agreement

1. Where an offer is of limited duration or subject to conditions, it shall be explicitly stated in the offer. 2. The offer shall contain a complete and precise description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. 3. Each offer shall contain such information as to make it clear to the consumer the rights and obligations associated with acceptance of the offer. 4. Each contract shall be concluded - with the exception of the provisions of paragraph 7 - at the time of acceptance by the consumer of the offer presented by the entrepreneur in his webshop and the fulfilment of the conditions attached thereto. 5. If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately acknowledge receipt of acceptance of the offer by electronic means. As long as the receipt of such acceptance has not been confirmed by the entrepreneur, the consumer may terminate the agreement. 6. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures to that end. 7. The entrepreneur may, within legal frameworks, inform himself whether the consumer can fulfil his payment obligations and of all those facts and factors which are relevant to the responsible conclusion of the distance contract. If the entrepreneur has good grounds for not entering into the contract on the basis of this examination, he is entitled to refuse an order or application or to attach special conditions to the execution.8. The entrepreneur shall send the following information, in writing or in such a way as to enable the consumer to store the product on a durable data medium in an accessible manner, at the latest upon delivery of the product to the consumer: - the visiting address of the establishment of the trader, where the consumer can bring complaints; - the conditions under which and the manner in which the consumer may exercise the right of withdrawal or a clear notification concerning the exclusion of the right of withdrawal; - information on guarantees and existing after-purchase service; - the price including all taxes on the product and, where applicable, the costs of delivery, method of payment, delivery or execution of the distance contract; - if the consumer has a right of withdrawal, the way in which he can use it.

Information obligation

1. The consumer shall be required to provide the entrepreneur with the necessary information and information, such as address information for the purpose of drawing up the invoice, clothing sizes, dimensions and other information in order to provide him with advice. 2. The consumer is obliged to fill in a form with personal information concerning sizes, preferences, wishes, etc. for specific parts of the ordering process so that they can be used for making the goods to measure and to send them to the desired address of the clothing.

Rates

1. All rates applied by the trader are stated in euros, excluding VAT and excluding any other costs such’s shipping costs, unless explicitly stated and/or agreed otherwise. 2. All rates charged by the entrepreneur for its services and/or published through its website, webshop or otherwise promoted may change unilaterally at any time; however, an agreement already reached will be executed at the unchanged (old) rate, unless otherwise agreed.3. No rights can be derived from rates shown on the website, unless otherwise stated. 4. During the period of validity specified in the offer, the prices of the products and/or services offered shall not be increased, subject to changes in prices due to changes in VAT rates. 5. By way of derogation from the previous paragraph, the trader may offer products whose prices are subject to fluctuations in the financial market and which the entrepreneur has no influence on, at variable prices. This commitment to fluctuations and the fact that any prices quoted are target prices are mentioned in the offer. 6. Price increases within 3 months of the conclusion of the Agreement shall be permitted only if they are the result of statutory regulations or provisions. 7. Price increases from 3 months after the conclusion of the contract shall be permitted only if the entrepreneur has stipulated this and: - they are the result of legal regulations or provisions, or - the consumer has the power to terminate the contract from the date on which the price increase takes effect.

Payment conditions

1. To the extent that the agreement or additional conditions are not otherwise specified, the amounts due by the consumer must be paid directly on purchase in the webshop. 2. The consumer shall be obliged to report to the entrepreneur without delay any inaccuracies in the payment details provided or stated. 3. Any invoice sent to the consumer shall be paid within the time limit specified on the invoice. 4. If the consumer does not fulfil his payment obligation(s) regarding an invoice in time, the latter shall, after being informed by the entrepreneur of the late payment and after the entrepreneur has given the consumer a 14-day period to fulfil his payment obligations, After the failure to pay within the 14-day period, he shall owe the statutory interest on the amount still due and shall be entitled to charge the extrajudicial collection costs (BIK) incurred by him. These collection costs are maximum: 15% on outstanding amounts up to € 2.500,=; 10% for the following € 2.500,= and 5% for the following € 5.000,= with a minimum of € 40,=. 5. Where paragraph 4 applies to a non-consumer, a (legal) person acting in the course of a profession or business, the payment period of 5 days shall be changed, after the entrepreneur has informed him of the late payment and leaves the respite mine awarded to him unused again to meet his payment obligations, 50% of extrajudicial collection costs will be charged. 6. If the extra-judicial costs actually incurred exceed the BIK referred to in paragraph 4, the consumer shall always be liable for the extra-judicial costs actually incurred. 7. If the entrepreneur is equated in a judicial procedure, all actual (after) costs incurred in connection with this procedure shall also be borne by the consumer if the latter exceed the costs of the conviction of costs. If payment is not made in time, i.e. not within 14 days of the date on which the award was sent to the consumer, then statutory interest, extra-judicial costs and judicial costs will also be charged. 8. If the consumer does not cooperate in the award referred to in paragraph 7, the enforcement and enforcement measures which will also be passed on to the consumer shall be followed, in addition to the previous legal claims derived from the award

Execution agreement

1. The entrepreneur shall take the utmost care when receiving and executing orders of products. 2. The place of delivery shall be the address which the consumer has made known to the entrepreneur. 3. The entrepreneur shall carry out accepted orders with competent urgency but at the latest, depending on the type of order, within a period of 3-45 days. 4. The risk of damage and/or loss of products shall be borne by the entrepreneur until the moment of delivery at the address of the consumer or at the address of a third party or representative thereof made known to the entrepreneur by the consumer in advance, unless otherwise expressly agreed. 5. The entrepreneur shall have the right to suspend any contract, supply and service if it is confronted with circumstances beyond its sphere of influence, such as (but not limited to) natural violence, power failure, Internet interference, lockdowns and/or for other reasons. The suspension shall apply until the time when the agreement can be implemented again. 6. If the further performance of the agreement by the entrepreneur has become permanently impossible resulting (but not limited) from a circumstance such as that referred to in paragraph 5, the agreement will be dissolved in full, unless it can be partially dissolved (Article 6:270 of the Dutch Civil Code) in which work already carried out is as far as possible branched and maintained and the entrepreneur will no longer be able to perform the remaining and future activities as a result of (but not limited to) a circumstance as mentioned in the previous paragraph. In this case, the future part to be dissolved is always subject to the fact that the consumer already paid (partial) payments for purchased products or services in respect of that period will be reimbursed in proportion to him. However, payments for that part of the agreement which is not dissolved remain due.

Termination agreement

1. In addition to partial dissolution in accordance with the preceding article, the entrepreneur shall always be entitled to dissolve the contract with the consumer immediately and without prior notice of default and without the right to a refund of an amount already paid, as well as that no compensation will take place, in the following cases: a) if the consumer does not provide full/correct/up-to-date information to the entrepreneur for the products to be delivered; b) if the consumer does not appear 2 times (online or physically on-site) on an already scheduled appointment without giving a valid cancellation reason; c) where the consumer is guilty of inapplicable behavior, including (but not limited to) behavior which is/are to be typified and/or is accompanied by: indecent, sexually unwanted treatment, discriminatory expressions, use of (psychic) violence, other behavior that is tolerated in a normal working relationship has reached and/or exceeds its limits. d) where there is a circumstance whereby the entrepreneur can establish that the consumer is or will no longer be able to pay future invoices; e) In the event of a situation or circumstance created by the consumer in which the consumer has made it impossible for the entrepreneur to comply properly with the contract and/or these general conditions, after requesting the consumer by e-mail first and warning him to cancel this situation or circumstance within 3 days; f) circumstances beyond the scope of the economic entrepreneur's influence and which create a situation of force majeure for him; g) in the event of dissolution by mutual consent; h) where the consumer has been brought into debt relief; i) where the consumer is placed under administrative, financial control or curatele; j) in the event of the death of the consumer; k) In other cases where there is a major reason justifying the dissolution of the agreement. 2. In all cases of dissolution, the Entrepreneur is entitled to use all its rights conferred by the law, including the right to compensation if it has suffered as a result of or inextricably linked to the dissolution.

Intellectual property

1. The entrepreneur shall at all times retain all rights to products, advice, documents, images and/or related information and knowledge presented by him via his website or webshop, even if they have been charged for or subsequently improved, whether or not at the request of the consumer. 2. The goods referred to in the preceding sentence may not be copied in whole or in part, other than for internal consumer use, or made available or otherwise published without the written consent of the trader, neither are used or made available by the consumer other than for the purpose for which they have been provided by the entrepreneur

Liability

1. The entrepreneur shall exclude any liability in respect of damage and/or injury and/or illness arising from and/or in connection with the clothing and/or followup by the consumer of advice and instructions provided by the Entrepreneur, Unless there is intent or gross negligence and/or a damaged product received by the consumer and/or an inferior garment which does not meet the quality requirements promised by the entrepreneur.

2. Furthermore, the entrepreneur shall apply the following restrictive or exclusion grounds in liability and/or related and/or consequential damages in respect of (but not limited to): a) (business) damage, loss of income and the like caused by any cause; b) intentional or gross damage caused by third parties; c) If the insurer of the entrepreneur for any reason fails to pay benefits, liability will at all times be limited to a maximum of € 500; d) damage to the consumer caused by incorrect or incorrect; Current and/or complete information and/or communications provided by him to the entrepreneur and/or as a result of unknown and/or concealed aspects of which he knew, should at least be aware that they are or were relevant to the execution of the contract. e) damage caused by acts or omissions of the consumer and/or third parties engaged by him (whether or not at the instigation of the entrepreneur) which is contrary to the law, underlying agreement or these terms; f) damage caused by materials used in the contract; g) damage by refusing to execute the contract for the consumer under the law, law and/or under the underlying agreement and/or these general terms and conditions; h) damage caused by natural disasters, power or Internet failure and any other event which, beyond the will of the entrepreneur, ensures that he cannot (in time) fulfil the contract with the consumer; i) damage caused by capacity and stock problems, such as late delivery of clothing, physical and medical restrictions, such as sickness-induced failure of employees, which prevents the agreement from being (timely) carried out; j) in cases where the consumer himself frustrates the performance of the contract in any way whatsoever. The resulting damage shall remain for the account of the consumer; k) damage caused by a circumstance invoked by the entrepreneur which provides him with a basis for the dissolution of the contract; l) in cases where the entrepreneur is confronted with force majeure and is therefore unable or unable to execute the contract in good time; m) in cases where it is no longer reasonable and fair for the entrepreneur to require him to keep the contract with the consumer in good condition.