Terms & Conditions

1. INFORMATION ABOUT US

www.capezio.eu is a site operated by Ballet Makers Netherlands B.V. ("we"). We are registered in the Netherlands under company number 3637520 and with our registered office and main trading address at Zuidplein 126, 1077 XV, Amsterdam, The Netherlands. Our VAT number is NL862175872B01.

2. SERVICE AVAILABILITY

Our site is only intended for use by people resident in the Serviced Countries (See Here). We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before ordering Products from us.

3. YOUR STATUS

3.1. By placing an order through our site, you warrant that:

3.1.1. You are legally capable of entering into binding contracts;

3.1.2. You are at least 18 years old;

3.1.3. You are resident in one of the Serviced Countries; and

3.1.4. You are accessing our site from that country.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mailed invoice that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us (the "Contract") will only be formed when we send you the Dispatch Confirmation.

4.2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

5. OUR STATUS

5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third-party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third-party seller.

6. CONSUMER RIGHTS

6.1. If you are contracting as a consumer, you may cancel a Contract at any time within thirty working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10). Further advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or the Netherlands Authority for Consumer and Markets.

6.2. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to download and complete the returns form on our website. If you use this method, we will email you to confirm that we have received your cancellation. You must return the Product(s) to us without undue delay and in any event not later than thirty days after the day on which you let us know that you wished to cancel the Contract at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6.3. You will not have any right to cancel a Contract for the supply of any of the following Products if opened:

• Tights
• Underwear
• Foundations

6.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

7. AVAILABILITY AND DELIVERY

7.1 We will contact you with an estimated delivery date, which will be within thirty days after the dispatch of the Dispatch Confirmation. Occasionally our delivery may be affected by an event outside our control, a force majeure event, see clause 15 for your responsibilities when this happens.

7.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us.

7.3 If we miss the thirty-day deadline for any Products then you may cancel your order straight away if any of the following applies:

7.3.1 we have refused to deliver the Product;

7.3.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

7.3.3 you told us before we accepted your order that delivery within the delivery deadline was essential.

7.4 If you do not wish to cancel your order straight away, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

7.5 If you do choose to cancel your order for late delivery under clause 7.3, you can do so for just some of the Products or all of them, unless splitting up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us. After you cancel your order, we will refund any sums you have paid to us for the cancelled Products and their delivery. Full details of our delivery terms can be found here.

8. RISK AND TITLE

8.1 The Products will be at your risk from the time of delivery.

8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9. PRICE AND PAYMENT

9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide here.

9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

9.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the checkout process before you confirm your order. To check relevant delivery charges, please refer to our delivery charges and options page, which can be found here.

9.5 Our site contains a large number of Products, and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

9.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.

9.7 Payment for all Products must be by credit or debit card. We accept payment with Visa/Mastercard/American Express/EPS/Giropay/iDEAL/Bancontact. We will not charge your credit or debit card until we dispatch your order.

10. OUR REFUNDS POLICY

10.1 When you return a Product to us:

10.1.1 because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 6.1) we will process the refund due to you as soon as possible and, in any case, within fourteen days of the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by you handling them in a way which would not be permitted in a shop. Normally we will refund the price of the Product in full, and any applicable delivery charges, although, as permitted by law, the maximum refund will be the cost of delivery by the least expensive delivery method we offer (providing that this is a common and generally accepted method) however, you will be responsible for the cost of returning the item to us.

10.1.2 for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

11. OUR LIABILITY

11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

11.2 Our liability for losses you suffer because of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

11.3 This does not include or limit in any way our liability:

11.3.1 For death or personal injury caused by our negligence;

11.3.2 Under regulations of the ACM;

11.3.3 For fraud or fraudulent misrepresentation; or

11.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:

11.4.1 loss of income or revenue;

11.4.2 loss of business;

11.4.3 loss of profits or contracts;

11.4.4 loss of anticipated savings;

11.4.5 loss of data; or

11.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories 11.4.1 to 11.4.6 inclusive.

11.5 Where you buy any Product from a third-party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

12. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. NOTICES

All notices given by you to us must be given to Ballet Makers Netherlands B.V. at EUInfo@Capezio.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. TRANSFER OF RIGHTS AND OBLIGATIONS

14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15. EVENTS OUTSIDE OUR CONTROL

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

15.2 A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes (without limitation) the following:

15.2.1 Strikes, lock-outs or other industrial action.

15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

15.2.3 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.2.5 Impossibility of the use of public or private telecommunications networks.

15.2.6 The acts, decrees, legislation, regulations, or restrictions of any government.

15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16. WAIVER

16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.

17. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. ENTIRE AGREEMENT

18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

18.2 We each acknowledge that, in entering a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

19.1 We have the right to revise and amend these terms and conditions from time to time.

19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

20. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Dutch law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of the Netherlands.

21. RETURNS

Except for faulty items, all returns must be in perfect condition, in original packaging with no markings, added stickers or labels. Outer packaging must be sufficient to prevent damage to shoe boxes during return transport. Underwear and tights and Foundations may not be returned unless faulty or unopened.