Terms & Conditions


https://michelllebdsm.com/

Definitions

  1. Company trading under the name Michelle BDSM, established in Location, Chamber of Commerce no. Chamber of Commerce number.
  2. Customer: the party which Company has entered into an agreement with.
  3. Parties: Company and customer together.
  4. Consumer: a customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Company.
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

  1. All prices used by Company are in dollars, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. Company is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
  3. The parties agree on a total price for a service provided by Company. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
  4. Company is entitled to deviate up to 10% of the target price.
  5. If the target price exceeds 10%, Company must let the customer know in due time why a higher price is justified.
  6. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
  7. Company has the right to adjust prices annually.
  8. Company will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
  9. The consumer has the right to terminate the contract with Company if he does not agree with the price increase.

Payments and payment term

  1. Products are immediately paid for.
  2. Company may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
  3. The customer must pay invoices of Company within true days, unless parties have made other agreements about this or if the invoice has a different payment term.
  4. Payment terms are considered as fatal 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, he is legally in default, without Company having to send the customer a reminder or to put him in default.
  5. Company reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Payments and payment term – Buy now, pay later

  1. Company may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
  2. The customer must have paid the full amount within 14 days, after delivery.
  3. Payment terms are considered as fatal 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, he is legally in default, without Company having to send the customer a reminder or to put him in default.
  4. Company reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

This webshop also accepts payments via WooPayments, an external payment processor.
WooPayments allows payments to be made using the following methods:

  • Google Pay
  • Apple Pay
  • Credit and debit cards (Visa, MasterCard, American Express)

By completing a payment through this webshop, you agree that your payment information will be processed by WooPayments in accordance with their privacy and security policies. WooPayments handles the processing of your payment data, and this webshop does not have access to full card details.

Security and Privacy
Your information is securely processed according to WooPayments guidelines. For more information about how your data is processed and your rights, you can consult the WooPayments Privacy Policy.

Payment Execution
Payments are captured immediately upon completion of the order. Any refunds or cancellations will be processed using the same payment method, in accordance with the refund and return policy of this webshop.

Liability
This webshop is not responsible for technical failures or interruptions in WooPayments services, nor for any delays or errors that occur during the processing of payments via the offered payment methods.

 

Account balance (Credits)

1. General

  • The platform allows users to purchase prepaid account balance (“credits”). These credits can only be used for purchases within the webshop and have no monetary value outside the platform.

2. Purchase of Credits

  • Credits become available once the payment has been successfully completed.
  • The displayed value and quantity always include any applicable taxes and transaction fees, unless stated otherwise.
  • Purchased credits are personal and linked to the corresponding account.
  • For payments made via bank transfer, it may take 1–3 business days for the credits to be added to your account, though in some cases the transfer may be processed instantly depending on the bank you use.

3. Use of Credits

  • Credits can be used as a payment method for products and/or services offered in the webshop.
  • When an order is placed using credits, the required number of credits will be automatically deducted from the account.
  • If the price of a product changes, this does not affect previously purchased credits; the current price at the time of checkout applies.

4. Validity and Refunds

  • Credits cannot be exchanged for money, are non-refundable, and cannot be transferred to other users unless required by law.
  • In cases of misuse, fraud, or violation of the terms, the platform may invalidate credits or block the account.

5. Cancellation and Refunds for Purchases Made with Credits

  • If a purchase is cancelled or a product is returned in accordance with the return policy, the webshop may choose to refund the value in credits instead of money.
  • Any refund in credits will be added to the same account used for the original purchase.

6. Changes

  • The platform reserves the right to modify the credit system, pricing, or conditions. Changes will be communicated in a timely manner. Continued use of credits after such changes constitutes acceptance of the updated terms.

Consequences of late payment

  1. If the customer does not pay within the agreed term, Company is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Company.
  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
  4. If the customer does not pay on time, Company may suspend its obligations until the customer has met his payment obligation.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Company on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the performance of the agreement by Company, he is still obliged to pay the agreed price to Company.

Right of recovery of goods

  1. As soon as the customer is in default, Company is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. Company invokes the right of recovery by means of a written or electronic announcement.
  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Company, unless the parties agree to make other arrangements about this.
  4. The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
    • the product has not been used
    • it is not a product that can spoil quickly, like food or flowers
    • the product is not specially tailored for the consumer or adapted to its special needs
    • it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
    • the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
    • the service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
    • the product is not a separate magazine or a loose newspaper
    • the purchase does not concern an (assignment to) urgent repair
    • it does not concern a service that is fully performed with the consent of the customer within the 14 calendar days right of withdrawel period and the consumer has not renounced his right of withdrawal
  2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
    • on the day after the consumer has received the last product or part of 1 order
    • as soon as the consumer has received the first the product of a subscription
    • as soon as the consumer has purchased a service for the first time
      as soon as the consumer has confirmed the purchase of digital content via the internet
  3. The consumer can notify his right of withdrawal via , if desired by using the withdrawal form that can be downloaded via the website of Company, michelllebdsm.com.
  4. The consumer is obliged to return the product to Company within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Reimbursement of delivery costs

  1. If the purchase costs and any other costs (such as delivery costs) are eligible for reimbursement according to the law, Company will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Company in time.
  2. The costs for return are only reimbursed by Company if the complete order is returned.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

  1. Company can appeal to his right of retention of title and in that case retain the products sold by Company to the customer until the customer has paid all outstanding invoices with regard to Company, unless the customer has provided sufficient security for these payments.
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Company.
  3. Company is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to Company with any claim on Company.

Retention of title

  1. Company remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Company under whatever agreement with Company including of claims regarding the shortcomings in the performance.
  2. Until then, Company can invoke its retention of title and take back the goods.
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If Company invokes its retention of title, the agreement will be dissolved and Company has the right to claim compensation, lost profits and interest.

Company requires that any work submitted to Michelle BDSM becomes subject to our terms of use, which often involve modifications or edits to suit our purposes. As a result, the original creator may not retain sole ownership of the submitted work. Consequently, applying a Creative Commons license directly to the work becomes impractical, as the ownership has been altered through our editing process.

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Company unless the parties have agreed upon otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer.
  4. If the agreed price is not paid on time, Company has the right to suspend its obligations until the agreed price is fully paid.
  5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Company.

Delivery period

  1. Any delivery period specified by Company is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Company.
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Company cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Company may not be held liable for any damage.
  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Company, failing which Company cannot be held liable for any damage.

Insurance

  1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
    • goods delivered that are necessary for the execution of the underlying agreement
    • goods being property of Company that are present at the premises of the customer
    • goods that have been delivered under retention of title
  2. At the first request of Company, the customer provides the policy for these insurances for inspection.

Storage

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

Guarantee

  1. When parties have entered into an agreement with services included, these services only contain best-effort obligations for Company, not obligations of results.
  2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
  3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
  4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Exchange

  1. Exchange is only possible if the following conditions are met:
    • exchange takes place within 30 days after purchase upon presentation of the original invoice
    • the product is returned in the original packaging or with the original (price) tags still attached to it
    • the product has not been used
  2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer and digital products cannot be exchanged.

Performance of the agreement

  1. Company executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. Company 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 the possibly agreed advance by the customer.
  4. It is the responsibility of the customer that Company can start the implementation of the agreement on time.
  5. If the customer has not ensured that Company can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer

  1. The customer shall make available to Company all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
  2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
  3. If and insofar as the customer requests this, Company will return the relevant documents.
  4. If the customer does not timely and properly provides the information, data or documents reasonably required by Company and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Intellectual property

  1. Company retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
  2. The customer may not copy or have copied the intellectual property rights without prior written permission from Company, nor show them to third parties and / or make them available or use them in any other way.

Penalties

  1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Company an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
  2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
  3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Company including its right to claim compensation in addition to the fine.

Indemnity

The customer indemnifies Company against all third-party claims that are related to the products and/or services supplied by Company.

Complaints

  1. The customer must examine a product or service provided by Company as soon as possible for possible shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Company of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
  3. Consumers must inform Company of this within two months after detection of the shortcomings.
  4. The customer gives a detailed description as possible of the shortcomings, so that Company is able to respond adequately.
    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 Company being forced to perform other work than has been agreed.

Giving notice

  1. The customer must provide any notice of default to Company in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches Company (in time).

Joint and several Client liabilities

If Company enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Company under that agreement.

Liability of Company

  1. Company is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
  2. If Company is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  3. Company is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. If Company is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice 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 lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from Company shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

  1. The customer has the right to dissolve the agreement if Company imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
  2. If the fulfillment of the obligations by Company is not permanent or temporarily impossible, dissolution can only take place after Company is in default.
  3. Company has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Company good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Company in the fulfillment of any obligation to the customer cannot be attributed to Company in any situation independent of the will of Company, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Company .
  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
  3. If a situation of force majeure arises as a result of which Company cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Company can comply with it.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  5. Company does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

  1. Company is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Major changes in content will be discussed by Company 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.

Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with Company to third parties without the prior written consent of Company.
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Company had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties.
  2. The Dutch court in the district where Company is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on 11 april 2024