1.1 These General Terms and Conditions are applicable to all offers from ‘La Pin-Up de Paris’ and to all agreements entered into with ‘La Pin-Up de Paris’.
1.2 In addition to these General Terms and Conditions, if expressly indicated, Additional Conditions can be applicable to certain services and/or products.
1.3 Deviations from what is stated in these General Terms and Conditions is only possible if this is expressly agreed in writing and, in which case, the other provisions of these conditions remain fully in force.
1.4 If the Purchaser also refers to his General Terms and Conditions, these conditions are not applicable unless express agreement is obtained in writing from ‘La Pin-Up de Paris’.
1.5 www.pinupparis.com mainly focuses on the Dutch and Belgian market.
1.6 “Purchaser” is defined as every visitor to the Internet site or every natural person or legal person who has or enters into any type of contractual relationship with ‘La Pin-Up de Paris’.
1.7 ‘La Pin-Up de Paris’ reserves the right to amend or supplement these conditions from time to time.
1.8 By using the Internet site of ‘La Pin-Up de Paris’ and/or placing an order, the Purchaser accepts these General Terms and Conditions as well as all other rights and obligations as stated on the Internet site.
1.9 ‘La Pin-Up de Paris’ is entitled to use third parties during the execution of an agreement with the Purchaser.
2. Offers and drawing up of agreements
2.1 Offers or quotations must be regarded as an invitation to the potential Purchasers to make an offer. ‘La Pin-Up de Paris’ is in no way committed in this respect, unless this is unequivocally stated in writing. The acceptance of the invitation to make an offer by the potential Purchaser is deemed to be an offer and only results in the drawing up of an agreement if the other provisions of this article are fulfilled.
2.2 Offers are valid subject to availability.
2.3 An offer from the potential Purchaser as stated in article 2.1 is deemed to have been made in one of the following circumstances: the potential Purchaser has stated exactly which product and/or service he wishes to receive; the potential Purchaser has entered the data on the relevant input screen of the Internet site and the relevant data (“order form”) has been sent to ‘La Pin-Up de Paris’ electronically and has been received by ‘La Pin-Up de Paris’.
2.4 An agreement is drawn up at the moment when an order confirmation is sent to the Purchaser and is sent by email to the email address stated by the Purchaser.
2.5 The Purchaser and ‘La Pin-Up de Paris’ expressly agree that by using electronic forms of communication, a valid agreement has been drawn up, as soon as the conditions in article 2.4 and 2.5 have been fulfilled. In particular, the absence of a traditional signature shall also not affect the binding force of the offer and the acceptance thereof. The electronic files of ‘La Pin-Up de Paris’ shall, to the extent permitted by law, be viewed as a presumption of fact.
2.6 Information, illustrations, oral communications, given by telephone or via email as well as statements etcetera relating to all offers and the main characteristics of the products shall be provided or displayed as accurately as possible. However, ‘La Pin-Up de Paris’ does not guarantee that all offers and products are fully compatible with the stated information, etcetera. Deviations cannot in principle result in compensation and/or dissolution.
3.1 All prices are quoted in euros, in accordance with the relevant statutory regulations, and include turnover tax.
3.2 Special offers are only valid for the validity stated for the offer. This statement is printed in a folder or included on the Internet site relating to the special offer.
3.3 The Purchaser must pay the price that ‘La Pin-Up de Paris’ stated in his confirmation in accordance with article 2.5 of these conditions. Apparent (handling) errors in the quotation, such as obvious errors, can also be corrected by ‘La Pin-Up de Paris’ after the agreement has been drawn up.
3.4 Delivery costs are not included in the price. The amount for the delivery costs is stated on the Internet site. Additional conditions relating to the delivery method and costs involved are applicable to certain payment methods. This shall be clearly communicated to the Purchaser. 3. Prices 3.1 All prices are quoted in euros, in accordance with the relevant statutory regulations, and include turnover tax. 3.2 Special offers are only valid for the validity stated for the offer. This statement is printed in a folder or included on the Internet site relating to the special offer. 3.3 The Purchaser must pay the price that ‘La Pin-Up de Paris’ has stated in his confirmation in accordance with article 2.5 of these conditions. Apparent (handling) errors in the quotation, such as obvious errors, can also be corrected by ‘La Pin-Up de Paris’ after the agreement has been drawn up.
3.4 Delivery costs are not included in the price. The amount for the delivery costs is stated on the Internet site. Additional conditions relating to the delivery method and costs involved are applicable to certain payment methods. This shall be clearly communicated to the Purchaser.
4.1 In the case of orders via the Internet site, payment can take place in the following ways: • Credit card (VISA, Master/Eurocard) • Paypal • iDEAL • In cash when collecting from the showroom • Advance payment via the bank. ‘La Pin-Up de Paris’ can supplement the payment methods in the future. Other payment methods shall be announced via the Internet site of ‘La Pin-Up de Paris’.
4.2 In the event of a payment period being agreed by ‘La Pin-Up de Paris’, the mere expiry of this period shall result in the Purchaser being in default. Payment periods can only be agreed in writing under the then to be concluded and agreed conditions.
4.3 In that event of a payment method with a credit card being chosen, the conditions of the relevant card issuer shall be applicable. ‘La Pin-Up de Paris’ is not a party in the relationship between the Purchaser and the card issuer.
4.4 In the event of non-payment or late payment by the Purchaser, a debt collection procedure will be initiated.
4.5 All (extra)judicial costs of any kind that ‘La Pin-Up de Paris’ has to incur as a result of the failure of the Purchaser to comply with his (payment) obligations, shall be charged to the Purchaser.
4.6 In the event of late payment, ‘La Pin-Up de Paris’ is entitled to dissolve the agreement with immediate effect or to suspend (further) delivery until the moment when the Purchaser has complied in full with the payment obligations, including the payment of costs.
5. Delivery and delivery time
5.1 Orders are delivered as quickly as possible. In principle, ‘La Pin-Up de Paris’ shall do its utmost to deliver the order to the relevant address within 3 working days. The stated delivery time shall be regarded as being an indication, and shall never be regarded as being a deadline. ‘La Pin-Up de Paris’ can state additional information about delivery times on the Internet site or via its branch offices or make this known in writing in another way. Such information is only indicative.
5.2 If a product that is temporarily not in stock is ordered by the Purchaser, then it shall be stated when the product will be available. The Purchaser shall be notified by email or telephone about delays.
5.3 Deliveries shall be made to the address stated by the Purchaser when the agreement was drawn up. In the event of payment by credit card, ‘La Pin-Up de Paris’ must comply with the requirements as stated by such card issuers at the place of delivery. This shall be notified to the Purchaser in due time.
5.4 As soon as the products to be delivered have been delivered to the stated delivery address, the risk relating to these products is transferred to the Purchaser.
6. Returns and right of withdrawal
6.1 The Purchaser is obliged to meticulously inspect the products immediately upon receiving them (or to have this done on his behalf). In the case of agreements with consumer-Purchasers that have been drawn up via the Internet site or in another way and where only electronic communication has been used, the consumer-Purchaser is entitled, without a fine and without having to state any reasons, to invoke a right of withdrawal within fourteen (14) working days from the date of delivery of the product in question. The Purchaser can return the article return and receive his/her money back, with the shipping costs for the return being charged to the consumer-Purchaser. The right of withdrawal can only be invoked when the product and the packaging is in its original, complete, undamaged and unused condition, following consultation with ‘La Pin-Up de Paris’. 6.2 If the consumer-Purchaser has invoked the right of withdrawal as stated in the previous paragraph, then ‘La Pin-Up de Paris’ shall ensure repayment of that which was paid by the consumer-Purchaser within 30 days.
7. Retention of title
7.1 Ownership of products is only, notwithstanding the actual delivery, transferred to the Purchaser after the Purchaser has paid in full everything owed by the Purchaser in relation to any agreement with ‘La Pin-Up de Paris’, including payment of interest and costs, also in relation to earlier or later deliveries and any work performed or to be performed in relation to the products.
7.2 The Purchaser may not encumber, sell, provide or otherwise dispose of the products before the ownership has been transferred to him.[…]
8. Warranty and liability
8.1 The general warranty conditions are applicable to products delivered by ‘La Pin-Up de Paris’.
8.2 ‘La Pin-Up de Paris’ is never liable to pay any compensation to the Purchaser or others, unless it concerns intent or gross negligence on the part of ‘La Pin-Up de Paris’. ‘La Pin-Up de Paris’ is never liable for consequential loss or loss of earnings, indirect loss and loss of profits or turnover.
8.3 If ‘La Pin-Up de Paris’, for any reason whatsoever, is obliged to compensate any loss, then the compensation shall never exceed an amount equal to the invoiced value relating to the product or service for which the loss is incurred.
8.4 Despite the ongoing care and attention that ‘Pin-Up de Paris’ devotes to the composition of the website, it is possible that information published on the website is incomplete and/or incorrect
8.5 The information on the website is regularly updated and/or modified. ‘La Pin-Up de Paris’ reserves the right to make any changes with immediate effect and without giving notice.
8.6 The Purchaser is obliged to indemnify ‘La Pin-Up de Paris’ against any claim that third parties may make against ‘La Pin-Up de Paris’ in relation to the execution of the agreement, in as far as the law does not preclude the relevant loss and costs being charged to the Purchaser.
8.7 It is possible that ‘La Pin-Up de Paris’ includes links to other Internet sites on its Internet site that can possibly be interesting or informative for the visitor. Such links are purely informative. ‘La Pin-Up de Paris’ is not responsible for the content of the Internet site that is referred to, or for the use that can be made of this content.
9. Force majeure
9.1 In the event of force majeure, ‘La Pin-Up de Paris’ is not obliged to fulfil its obligations towards the Purchaser, and the obligation is suspended for the duration of the situation of force majeure.
9.2 Force majeure is defined as every circumstance that is beyond its control that partially or completely hinders the fulfilment of its obligations towards the Purchaser. These circumstances for example include strikes, fire, operational failures, power failures, non-delivery or late delivery by suppliers or other deployed third parties and the lack of any required permit that can be obtained from the authorities. Force majeure is also defined as disruptions in a (telecommunications) network or link or communications systems used and/or the unavailability of the Internet site at any time.
10. Intellectual property
10.1 The Purchaser expressly acknowledges that all intellectual property rights from displayed information, statements or other communication relating to the products and/or relating to the Internet site remain with ‘La Pin-Up de Paris’, its suppliers or other entitled parties.
10.2 Intellectual property rights are defined as copyrights, patents, brand rights, design rights and model rights and/or other (intellectual property) rights, also including sui generis rights to databases and topography of semiconductor products, or other products, as well as possibly patentable technical and/or commercial know-how, methods and concepts.
10.3 The Purchaser is prohibited from using the intellectual property rights as described in this article, such as for example the right of reproduction, including making changes thereto, without the prior express written permission of ‘La Pin-Up de Paris’, its suppliers or other entitled parties, unless this merely relates to private use relating to the product itself.
11. Personal data
11.2 In this respect, ‘La Pin-Up de Paris’ complies with the applicable privacy legislation.
12. Applicable law and competent court
12.1 All offers and agreements shall be exclusively governed by Dutch law.
12.2 All disputes relating to or arising from offers from ‘La Pin-Up de Paris’ or agreements drawn up with ‘La Pin-Up de Paris’ shall be submitted to the competent court in Almelo, unless the law expressly designates another court as competent.
13.1 ‘La Pin-Up de Paris’ has its registered office in Enschede (7532 SN), Euregioweg 366 and is registered with the Chamber of Commerce (‘Kamer van Koophandel’) under number 06092217. The VAT identification number is NL 808205249.B.01. Please send all correspondence relating to an agreement or these conditions to ‘La Pin-Up de Paris’, Postbus 6013, 7503 GA Enschede, or to the email address stated on the Internet site.
13.2 The Customer Service (053-4619985) can be reached for information on working days from 08:30 to 17:30. It can also be contacted at the email address: email@example.com.
13.3 Your emails will be answered within 2 working days by the Internet customer service. ‘La Pin-Up de Paris’ does its utmost to communicate with its customers in an honest and sincere manner. Unfortunately, we cannot always prevent our name from being misused by third parties. ‘La Pin-Up de Paris’ will never contact its customers via email, msn or websites requesting them to participate in a survey about the use of lingerie and/or the recruitment of models. If you are approached by people who request you to become a model for ‘La Pin-Up de Paris’ via the Internet, this request will never originate from us. We advise you to never reply to such requests.
This is the website of ‘La Pin-Up de Paris’
Our shop address is:
5501 DN Veldhoven – The Netherlands
Our postal address is:
4200 BA Gorinchem – The Netherlands
Our enrolment number at the Chamber of Commerce (‘Kamer van Koophandel’) is: 74503359
Our VAT number is: NL
During every visit to our website, our Web server automatically recognizes the IP address.
During a visit to our website, we retain:
– your email address if you leave messages/questions on this website
– your email address if you communicate this to us – the domain name of other sites that you have visited in order to go to our site
– all information relating to the pages that you have consulted on our site
This information is used to:
– improve the content of our website
– determine the number of visits to our website.
If you do not wish to receive any emails from ‘La Pin-Up de Paris’ in the future, you can contact us at the address stated above. About communication by letter. If you inform us via the Web about your postal address, you will only receive the information that you have requested at the address that you have given to us. About communication by telephone.
Upon request, we provide visitors to our site with the opportunity to correct any incorrect data that we keep about them. If you wish to correct or change your personal data, then please contact us via the above-mentioned address. If you require access to this information, then please contact us via the above-mentioned address.