Terms and conditions

1. Terms and applicability

1.1 These are the terms and conditions of the Webshop Kim Werner (hereafter: Kim Werner). Kim Werner is located at Bergse Dorpsstraat 120, 3054 GG Rotterdam, The Netherlands. Phone number +31 (0)10 422 24 46. Email: Registered at the Rotterdam chamber of commerce with number 24406972 and VAT number NL001630396B87.

1.2 These terms and conditions shall apply on all offers, orders and agreements of Kim Werner. Unless Kim Werner agrees in writing to other conditions. The customer can not derive any rights to any agreed deviations in the future.

1.3 By placing an order or accepting an offer at Kim Werner the customer accepts the terms and conditions.

1.4 The provisions in these conditions can be waived only in writing, in which case the remaining provisions shall remain in force.


2. Offers and agreements

2.1 All offers at Kim Werner are non-committal. Kim Werner expressly reserves the right to change prices, especially when it is necessary under (legal) regulations.

2.2 An agreement is only concluded after acceptance of your order by Kim Werner. Kim Werner is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Kim Werner will inform you within three business days of receiving the order.


3. Prices and payments

3.1 Prices are in Euro’s. Prices are final. 

3.2 Payments are made in advance and are processed by Multisafepay.

3.3 After placing an order you will receive a confirmation email with a summary of the articles ordered and the total cost. A summary of your order you will receive exclusively by email. You will not receive a copy of this summary together with your order in the package.

3.4 By using a bank card/credit card for payment via Multisafepay, you confirm that the used card is yours. Kim Werner is not liable for abuse of a bank card and/or credit card and for abuse of information by others.

3B. Sale price adjustment policy:

3B.1 No price adjustments on prior purchases if the sale starts.

3B.2 We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

4. Shipping and deliveries

4.1 All orders are shipped within 2 business days. Orders will be delivered registered by Post NL.

4.2 We will confirm your order by email along with a track & trace code after process. You can follow your order with this track & trace code.

4.3 If you live outside Europe you may have a risk to be charged import duties or local sales taxes.

4.4 A) Kim Werner is not liable if the delivery takes place at a later date. Kim Werner reserves the right to deliver 60 days after receiving the order, without being declared in default by the customer. After 60 days, the customer can cancel the order. 
B) Due to delays with our carriers caused by COVID-19, Kim Werner permits an indefinite period of 60 days.

4.5 Exceeding the agreed delivery time does not give the customer the right to compensation, termination of the agreement or failure to perform any obligation imposed by this or any other related agreement.

4.6 Kim Werner does her best to keep the website as up to date as possible, however it is possible that unexpectedly an article is no longer available. In that case, Kim Werner will mention this on the packing slip and/or Kim Werner will contact you. The non-deliverable product will be credited as soon as possible.

4.7 You are required to accept your order at the time offered. If the order is refused on delivery, the shipping costs incurred will be charged.

4.8 The risk and care of an order, passes to you at the time of delivery. Kim Werner takes no responsibility from that moment. 

4.9 Kim Werner is not liable for a delivery address incorrectly specified by the customer (company name, first and/or surname, street, house number, postal code and/or city). Any extra shipping costs will be charged to the customer. 


5. Complaints and returns

5.1 You have fourteen days to return an article, starting at the time of delivery of your order. You must notify us by email which articles you would like to return. We will provide a return authorization number, a return form and the return address. Returns without a return authorization number and/or return form are not accepted. Returns are at own expense and at own risk of the consumer.

5.2 Sale and archive sale articles are not returnable.

5.3 Return articles will not be refunded and/or exchanged if:

- Original brand-, price- and/or security tags have been removed and/or moved.

- The possible packaging of the article is damaged, and/or is missing and/or is incomplete.

- The article has been worn and/or washed. 

- The article shows traces of wear and/or use.

- The article has spots and/or perfume fragrance and/or other fragrances.

- Shoe soles are damaged.

- The article is damaged and/or you have tried to repair the damage/defect yourself. 

- The prescribed usage- and wash instructions of the article has not been followed. 

5.4 Earrings, socks and facemasks can not be returned for hygienic reasons.

5.5 Note that non-EU orders can not be returned or exchanged. Purchases are final.

5.6 Within fourteen days of receipt of your return, after review and approval of your return, you will receive a confirmation by email and the corresponding refund.

5.7 Exchange: follow the return policy and place a new order.

5.8 Any defects must be reported motivated by email within seven days, starting at the time of receipt of your order. If it is found that the article does not meet the agreement, Kim Werner has the choice to replace the article on their return by a new article. If this is not to realizable, Kim Werner will proceed to credit the purchase price of the article. 

5.9 Complaints that arise because an article is not washed/cleaned and/or ironed according to the washing instructions are unfounded. Problems, caused by use of the article, with zippers, buttons, rip in the fabric, loose stitching and seams will not be accepted as complaints. Problems, caused by wearing shoes, with soles, heels, zippers, laces and/or other damage to the shoes will not be accepted as complaints. Features like fluff or pills of knitwear, shrink from cotton or linen, leak stretch and tweed we can not consider a complaint. These features are inherent to the fabric.


6. Liability

6.1 Any liability of Kim Werner and the staff and the articles of Kim Werner for all damages of any kind, direct or indirect, including loss, consequential loss, damage to movable or immovable property or persons, are expressly excluded. Kim Werner is not liable for damage caused by others in execution of the agreement.

6.2 Kim Werner assumes no liability for any damage arising from the use of the articles of Kim Werner.

6.3 Any liability of Kim Werner towards buyer is in any case limited to a maximum of the invoice amount the buyer under the agreement to Kim Werner is due.

6.4 For misunderstanding, mutilation, not arrived or delays of orders and messages resulting from the use of internet or any other means of communication between customer and Kim Werner, or between Kim Werner and others, as it relates to the relationship between customer and Kim Werner, Kim Werner is not liable, unless it is a case of intent or gross negligence of Kim Werner.


7. Force majeure

7.1 Kim Werner has in cases of force majeure the right, at its option, the execution of your order to suspend or terminate the agreement without judicial intervention, by communicating this in writing and without that Kim Werner liable to pay any damages, unless the circumstances to standards of reasonableness and fairness would be unacceptable.

7.2 Force majeure means any shortcoming which can not be attributed to Kim Werner , because it is not due to her fault and not under the law, legal act or generally accepted traffic for its account.


8. Privacy

8.1 All personal data are exclusively used for the processing and shipping of your order or to inform you by newsletter and will never be made available to third parties.

8.2 Kim Werner uses Secure Socket Layers (SSL), encryption protocols that secure communication on the internet.

8.3 Click here for our privacy policy.


9. Miscellaneous

9.1 If you indicate in writing to Kim Werner an address, Kim Werner is entitled to that address to send all orders, unless you indicate in writing to Kim Werner from another address to which your orders should be sent.

9.2 When Kim Werner whether or not to deviate from these terms and conditions for any length of time, will not prejudice their right to demand immediate and strict compliance with these terms and conditions. You can never assert any right by virtue of the fact that Kim Werner applies these terms and conditions smoothly.

9.3 Kim Werner is authorized in the execution of your order(s) to use others.

9.4 Kim Werner takes the utmost care in preparing, compiling and disseminating the information on the website, but can in no way guarantee the accuracy or completeness of the information. Kim Werner accepts no responsibility for damages resulting from the use or incompleteness of information provided on this website in any way whatsoever. The information and recommendations on this website can be changed without prior warning or notice. The copyright on this website rests with Kim Werner.


10. Property rights

10.1 The property rights concerning this website , including text, images, design, photographs, other visual materials and other material rests with Kim Werner.

10.2 You may not in any way make this website and/or parts of this website available to others and/or multiply.


11. Governing Law and Jurisdiction

11.1 All rights, obligations, offers, orders and agreements to which these conditions apply, including these conditions, only Dutch law.

11.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.

11.3 These terms and conditions can be modified at any time by Kim Werner.