Terms and Conditions

General conditions:

All orders are subject to acceptance and to availability of the goods ordered: Gema Fashion is entitled to refuse any order placed by you. (1) You undertake that: (a) all details you provide to us for the purpose of purchasing goods or services offered on our website are correct, and (b) the credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorized to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services. (c) the address you give at the time of registration or purchase is your billing and delivery address. This is the only address that we will accept and use to ship your goods. Any change to the address at a later stage of the payment process will not be accepted and will cause us to be unable to complete or fulfil your order. (d) you have the right to return the goods in pre-sale condition within 14 days after delivery. Refunds will be given within max 10 days after the goods are received by Gema Fashion in pre-sale condition. Gema Fashion has the right to determine whether the goods are in pre-sale condition. Shipping costs for returning the goods are on customer’s account.

Payment:

Gema Fashion's standard terms of payment are 'pay before delivery', and these terms will apply except in the case of transactions where different terms are agreed in writing. Payments are processed via "Skrill", "Sofort" and "Paypal". Therefore different payment methods are possible.

Prices:

Goods and services are invoiced at the price prevailing at time of order. Gema Fashion reserves the right to modify the prices.

 

Delivery:

Any time or date stated for delivery is an estimate only. Gema Fashion makes every effort to dispatch goods on time. During busy periods it can take longer for the goods to arrive. Customers accept by placing an order the delivery times and conditions as stated in the Shipping section on the website. The Customer has to accept the goods when they are ready for delivery. Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, where upon the risks of loss, breakage and all damage and all other risks shall pass to the Customer. Title in the goods does not pass to the Customer until payment is received in full by Gema Fashion. The purchaser will be solely responsible for any taxes or duties that may be liable in their country or state upon receipt or import of products from us. Please note that Gema Fashion will not be held responsible for parcels getting lost in the mail, if the parcel is sent to you by unregistered (not “signed for”) mail.

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Safety and health:

Gema Fashion confirms that the goods it supplies as a distributor do not present a hazard to health and safety: (a) when properly used for the purpose for which they are designed; and (b) if the Customer takes reasonable and normal precautions in their use.

 

Mistakes:

Gema Fashion makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, it is possible that mistakes will occasionally occur. In the case of a manifest error or omission, Gema Fashion will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. Gema Fashion's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Gema Fashion after the manifest error has been discovered.

All agreed quantities and weights are subjected to a tolerance of +/- 10% in weight.

 

General:

Gema Fashion reserves the right to change or amend these terms and conditions at any time and without prior notice.

 

Privacy:

Gema Fashion is committed to protecting your privacy. We only record your name, address and email details for book keeping reasons and in order that we can occasionally provide you with more information about our company, services and special promotions by direct mail or by email. We do not disclose this information to any third parties. If you would prefer us not to retain your details for other then before mentioned reasons, please contact us by email.

Gema Fashion does not store any credit card numbers, all payments are handled through PayPal or Docdata Payments.

 

Returns:

Please note that all written correspondence and packages should be addressed to:

Gema Fashion
Van Millenstraat 24
5913VL VENLO
The Netherlands

 

Liability:

Fabrics should be carefully inspected prior to cutting by the buyer. Whilst every effort is made to inspect each order, errors can be made and damage or creasing may occur in transit. Therefore it is essential that no length be cut until you are satisfied with the fabric in all respects. Any claim must be put in writing (e-mail) within 14 days of receipt of the fabric.

Claims are only valid if they are made in writing with a clear description of the complaint and are submitted to the seller within 2 weeks of receipt of the goods, and provided the goods are still in the state in which they were delivered.

Slight deviations in quality, color, size; weight, finish, design, etc. permissible in the trade and/or technically unavoidable shall constitute no reason for complaint.

In the event of justifiable claims, the seller has the choice of either crediting the goods or repairing or replacing them within thirty days after receipt of the returned goods.

If the goods are not supplied, not supplied on time or not supplied correctly, the buyer may not claim damages unless the same are the consequence of a deliberate action or gross negligence on the part of the seller.

All goods are supplied by us on condition that our liability for any fault or defect in the quality, condition, description or fitness for any purpose, is limited in amount to a sum not exceeding the purchase price of the particular goods. In no circumstances whatsoever shall the company be liable for indirect or consequential loss or damage.

Due to the nature of fabrics supplied it is not always possible to obtain an exact colour match. Whilst we make every effort to ensure that colours correspond to our samples, slight variations may occur. Should you require a close colour match, we recommend that a stock cutting is requested and approved and a reservation made for the appropriate quantity of fabric.

Gema Fashion is committed to provide her customers with quality products and service. However, on rare occasions, products may be found to be defective. In such cases we offer the returns facilities described below. Customers are strongly advised to check suitability of products before ordering, only defective items can be returned.

In the event that Gema Fashion agrees to accept the return, the goods must be returned with our written agreement within 10 days. The goods must be in perfect re-saleable condition and well-packed for shipment. Subject to testing to verify any defect, we will accept the return of defective item for full refund or replacement at our option if the goods are returned within 10 days.

All prices listed are without taxes and shipping and handling costs and in Euro currency. Please note that European customers have to pay 21% V.A.T. on goods and shipping and handling costs.

All products and packaging are committed to the Dutch environmental laws. In case of a dispute the Dutch law prevails.

Please note that fabric is only supplied on the condition that any liability arising from fault or defect in quality, performance or condition is limited in amount to a sum not exceeding the price at which the goods were supplied.

Reasons for exclusion or termination:
The right of withdrawal shall not subsist in the instance of contractual agreements concluded − for the delivery of goods that are not pre-fabricated and whose manufacture is contingent upon an individual selection or stipulation of the consumer or which are exclusively customised to suit the consumer's personal requirements (e.g. fabrics that have been cut according customers' demands).

Different screen settings for the user and the seller may cause color differences. Claims for damages due to misrepresentations, texts and prices or late delivery are excluded. Price changes reserved.