Terms & Conditions

1. Definitions

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1. Carissa DeLaine: Carissa DeLaine is a sole proprietor, also operating as DeLaine Designs and Diary of a Dressmaker, established in Amstelveen under Chamber of Commerce no. 93145578.

2. Customer: the person with whom Carissa DeLaine has entered into an agreement.

3. Parties: Carissa DeLaine and the customer together.

4. Consumer: a customer who is also an individual and who acts as a private person.

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2. Applicability

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1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Carissa DeLaine.

2. By placing an order, the customer agrees upon these Terms and Conditions

3. Any deviation on these terms must be agreed upon in writing

4. The parties exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties expressly.

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3. Prices

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1. All prices that Carissa DeLaine uses are in euros, do not include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly otherwise stated or otherwise agreed.

2. All prices that Carissa DeLaine uses for its services, on its website or that are otherwise known created, can change at any time.

3. Carissa DeLaine has the right to adjust the prices annually.

4. Prior to its commencement, Carissa DeLaine will communicate price adjustments to the customer.

5. The consumer has the right to terminate the agreement with Carissa DeLaine if they do not agree with the price increase.

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4. Payments and Payment Terms

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The following points relate to services provided on an invoice basis:

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1. When entering into the agreement for a group workshop, private lesson or other, Carissa DeLaine may require a down payment of up to 50% of the agreed amount on an invoice basis.

2. The customer must have payment within 7 days after delivery of the product and/or service met.

3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, they are legally in default, without Carissa DeLaine having to send the customer a reminder or give notice of default.

4. Carissa DeLaine reserves the right to make a delivery conditional on immediate payment, or to demand a security for the total amount of the services or products.

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5. Consequences of not paying on time​

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The following points relate to services provided on an invoice basis:

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1. If the customer does not pay within the agreed term, the legal interest will be charged to Carissa DeLaine of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions to be charged from the day the customer is in default, whereby a part of a month is counted as a whole month.

2. If the customer is in default, they also owe extrajudicial collection costs and any compensation to Carissa DeLaine.

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, Carissa DeLaine may suspend its obligations until the customer has fulfilled its payment obligation.

5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Carissa DeLaine's claims against the customer are immediately due and payable.

6. If the customer refuses to cooperate with the execution of the agreement by Carissa DeLaine, they are still obliged to pay the agreed price.

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6. Right of withdrawal

The following points relate to services booked (such as sewing lessons, workshops, courses) through our online store:

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1. A consumer can cancel an online purchase up to 21 days before the service (workshops/sewing lessons/course) is planned without giving any reason to cancel

2. If the consumer invokes the right of withdrawal after this cooling-off period (i.e. 20 days or less) before the service is scheduled), the amount will be paid in store credit which is only available within the Carissa DeLaine website.

3. The reflection period as referred to in paragraph 1 starts:

   • as soon as the consumer has concluded the agreement for the delivery of the service

   • as soon as the consumer has confirmed that they will purchase digital content via the internet

4. The consumer can make an appeal to the right of withdrawal via this link

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7. Cancellation policy

The following points relate to canceling/rescheduling lessons during a course:

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1. If the customer, for whatever reason, cannot be present at one of their lessons, the customer must notify this no later than 24 hours before the start by e-mail or telephone.

2. If the customer cancels on time, it is still possible to make up this lesson at another time free of charge, provided when the teacher in question teaches at a different time and there is room within the lesson.

3. If the customer is late with canceling, it is not possible to make up for this lesson free of charge.

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8. Performance of the agreement

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1. Carissa DeLaine will perform the agreement to the best of her knowledge and ability and in accordance with the requirements of good workmanship.

2. Carissa DeLaine has the right to have the agreed services (partially) performed by third parties.

3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.

4. It is the customer’s responsibility that Carissa DeLaine can start the execution of the agreement on time.

5. If the customer has not ensured that Carissa DeLaine can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.

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9. Duration of the contract for a service

1. The agreement between Carissa DeLaine and the customer regarding a service or services is entered into for the duration indicated per service on the website.

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10. Intellectual property

1. Carissa DeLaine reserves all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc., unless parties have agreed otherwise in writing.

2. The customer may not claim said intellectual property rights without prior written permission from Carissa DeLaine to copy, show to third parties and/or make available or in use in a different way.

3. All brands, images, texts, comments, illustrations (animated) images, video images, sounds and all the technical applications that can be used to operate this website and more generally all the components used on this website, are protected by the laws on intellectual property. Any reproduction, repetition, use or modification, by any means whatsoever, of all or just part of it, including technical applications, without the prior written permission of the controller, is strictly prohibited. The fact that the controller may not take immediate action against any infringement, cannot be considered as a tacit consent, nor of a waiver of any right to prosecute the infringing party.

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11. Access to the website

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Access to and use of the website are strictly personal. You will refrain from using the data and information of this website for your own commercial, political or advertising purposes, as well as for any commercial offers, in particular unsolicited electronic offers.​

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12. Complaints

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1. The customer must inspect a product or service provided by Carissa DeLaine as soon as possible for any shortcomings.

2. If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform Carissa DeLaine as soon as possible, but in any case within 1 month after the discovery of the shortcomings. .

3. The customer provides as detailed a description as possible of the shortcoming, so that Carissa DeLaine is able to respond adequately.

4. The customer must demonstrate that the complaint relates to an agreement between the parties.

5. If a complaint relates to ongoing work, this can in any case not lead to Carissa DeLaine being obliged to perform other work than has been agreed.

6. Complaints are resolved/handled in the manner that Carissa DeLaine deems appropriate to the situation.

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13. Notice of default

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1. The customer must notify Carissa DeLaine in writing of any notice of default.

2. It is the customer’s responsibility that a notice of default actually reaches Carissa DeLaine (on time).

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14. Liability 

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1. Carissa DeLaine is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.

2. If Carissa DeLaine is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.

3. Carissa DeLaine is never liable for indirect damage, such as consequential damage, loss of profit, lost savings or damage to third parties.

4. If Carissa DeLaine is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

6. Carissa DeLaine is not liable for not finishing items within the set course hours.

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15. Expiration period

Any right of the customer to compensation expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

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16. Right to dissolution

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1. The customer has the right to dissolve the agreement if Carissa DeLaine imputably fails to fulfill obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.

2. If the fulfillment of the obligations by Carissa DeLaine is not permanently or temporarily impossible, dissolution can only take place after Carissa DeLaine is in default.

3. Carissa DeLaine has the right to dissolve the agreement with the customer if the customer does not fulfill their obligations under the agreement in full or on time, or if Carissa DeLaine has become aware of circumstances that gives her good grounds to fear that the customer does not fulfill their obligations will be able to comply properly.

 

 

 

17. Force majeure

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1. Carissa DeLaine cannot be held liable for failures to fulfill obligations due to force majeure, including, but not limited to: 

   • state of emergency (such as pandemics, insurgency, riots, natural disasters, etc.);

   • default and force majeure of suppliers, deliverers or other third parties;

   • unexpected power, electricity, internet, computer and telecom disruptions;

   • computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

2. If a force majeure situation occurs, and as a result of which one or more obligations to the customer cannot be fulfilled, those obligations will be canceled or suspended until Carissa DeLaine can again fulfill.

3. In a situation of force majeure, Carissa DeLaine does not owe any compensation or damages, as long as she can provide alternative dates for the service(s).

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18. Amendment of the agreement

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1. If after the conclusion of the agreement for its implementation it appears necessary to amend or supplement it, the parties shall amend the agreement in a timely manner and in mutual consultation accordingly.

2. The previous paragraph does not apply to products purchased in a physical store.

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19. Change of terms and conditions

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1. Carissa DeLaine is entitled to amend or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. Carissa DeLaine will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

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20. Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Carissa DeLaine.

2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

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21. Consequences of nullity or voidability

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1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, then this does not affect the other provisions of these terms and conditions.

2. In that case, a provision that is null or voidable will be replaced by a provision that comes closest to what Carissa DeLaine has in mind when drawing up the conditions on that point had.

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22. Applicable law and competent court

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1. Only Dutch law applies to every agreement between the parties.

2. The Dutch court in the district where Carissa DeLaine is established / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.