Couture Legal Terms

Legal Terms SUE HILL Couture

1. IDENTIFICATION

This website www.suehill.nl (hereinafter referred to as the “Website”) is published by SUE HILL Private Label Amsterdam Design & Manufacturing, a company listed under the Dutch Chamber of Commerce Register under number 6048 4004. - Telephone number: +31 (0)13 300 3810; Email: info@suehill.nl; VAT: NL. 0000000000

The Website is hosted by the company Shopify, with a head office located at 151 O'Connor Street, Ground floor, Ottawa, ON, K2P 2L8. 

Access to the Website as well as the use of its content are subject to the terms of use provided hereinafter. By accessing and browsing this Website, the Internet user fully and unreservedly agrees to the following stipulations. 

1. INTELLECTUAL PROPERTY 

2.1 Ownership

SUE HILL is the owner of the Website's domain name.

The entirety of the Website, as well as its components (in particular text, structure, software, animated items, photographs, videos, illustrations, drawings, graphic representations, logos, etc.) are creative works protected by the International Intellectual Property Code. They are the sole property of SUE HILL, and SUE HILL is the sole person authorised to use said intellectual property and related personality rights, brands, trademarks, models, creative works, software, databases, interpretations and image rights, whether through ownership or through a formal authorisation or license.

 2.2 Sanctions 

Use of all or part of the Website, particularly by means of downloading, reproduction, transmission, representation or circulation, for purposes other than personal and private use with a non-commercial aim, by the Internet user is strictly prohibited. The party liable for infringement of SUE HILL's rights may be sanctioned in accordance with the provisions of the Dutch Intellectual Property Code relating to copyright infringement and trademark infringement as well as with the provisions of the Dutch Civil Code relating to civil liability.

 2.3 Hypertext links

The creation of any hypertext link redirecting towards any one of the web pages or components of the Website without prior written authorisation from SUE HILL is prohibited. Said authorisation may be withdrawn at any moment. Any such website containing hypertext links redirecting towards the Website or any one of its components are not under the control of SUE HILL. SUE HILL may therefore not be held liable (particularly with regard to editorial content) in relation to the access to such websites or their contents. 

 

III. LIABILITY

SUE HILL undertakes to ensure the accuracy and updating of information published on the Website to the best of its ability, and reserves the right to correct content at any time and without prior notice. However, SUE HILL cannot guarantee the accuracy, precision and comprehensiveness of information made available on the Website. Said information shall not constitute any guarantee or commitment by SUE HILL with regard to the Internet user.

In particular, SUE HILL shall not be held liable for:

 - Any imprecision, inaccuracy or omission regarding the information available on the Website;

 - Any damages arising from a computerised intrusion by a third party, resulting in a modification of information made available on the Website;

- And, more generally, any direct or indirect damages, irrespective of the cause, origin, nature and consequences, caused as a result of the access by anyone to the Website or inability to access the Website, as well as of the use of the Website and/or relying on any information contained directly or indirectly on the Website.

SUE HILL shall implement means intended to ensure the security of the files generated from personal data collected on the Website. It is, however, formally stated that SUE HILL has no control over the risks related to the operation of the Internet. Internet users are reminded of the existence of possible risks in terms of confidentiality of data transmitted across this network.

1. AMENDMENTS TO LEGAL TERMS

SUE HILL informs Internet users accessing the Website that these legal terms may be amended at any time. Such amendments shall be published online and shall be deemed accepted without reserve by any and all Internet users accessing the Website after said amendments have been published online.

1. DISPUTES

These legal terms have been drafted in accordance with Digital Markets Law (DMA) and The Digital Services Law (DSA), as presented in december 2020 at the European Commission. Dutch courts shall exercise jurisdiction over any and all disputes arising from the use of the Website, without prejudice to any contrary provisions arising from regulations concerning court jurisdiction and the application of rulings in civil and commercial matters (Brussels I).

Should the Internet user have any questions about the use of the Website and/or these legal terms, or should the user have any request that he/she wishes to address to SUE HILL, he/she can send a message via the "CONTACT" section of the Website and/or an email to the following address: info@suehill.com.

GENERAL SALES CONDITIONS (1)

GENERAL TERMS AND CONDITIONS FOR ONLINE AND DISTANCE SALES

Introduction

SUE HILL Private Label Amsterdam Design & Manufacturing creates and markets luxury products, including haute-couture, sportswear, ready-to- wear, leather & lace goods and accessories. These terms and conditions govern the sale of Items by remote sales system, by phone and\or internet. 

 

1 - Scope and acceptance of the General Terms and Conditions for Online and Distance Sales

These General Terms and Conditions for Online and Distance Sales are applicable to purchases of Items made remotely: 

a)          via phone, email, chat, instant messaging etc. with the help of a Sales Associate either contacted directly either contacted via the Customer Service department set up by SUE HILL, via the number referred to in 2.2 below (hereinafter "Customer Service") – together orders made by “Phone”; 

b)          via SUE HILL Website identified by the domain name “https://www.SUE HILL.nl” (hereinafter the “Website "). 

These General Terms and Conditions for Online and Distance Sales do not apply to purchases made inside partner stores worldwide.

The items are intended to be sold exclusively to end buyers who are individuals, acting exclusively in a personal capacity or for a gift (hereinafter the “Customer(s)” or “You”) and who are not involved in any commercial activity (such as resellers or intermediaries acting on behalf of resellers). 

SUE HILL may at any time update and modify the General Terms and Conditions for Online and Distance Sales and Customers will be informed of any such changes in advance of the conclusion of a sales contract. The conditions applicable to the sale of an Item to a Customer are those in effect at the time of the conclusion of the sales contract. 

By purchasing an Item, you will be indicating your acceptance of the General Terms and Conditions for Online and Distance Sales and the Privacy Policy in force. During each purchase of Items on the Website, the Customer must indicate his\her acceptance of the General Terms and Conditions for Online and Distance Sales by clicking on the button “Pay and place an order”.  

 

2 - Ordering information

 

2.1.          Placing of Orders

Orders can be placed by Phone or on the Website. 

The language used for orders placed by Phone is English. 

The languages ​​available for orders placed via the Website are: English, Turkish and Dutch.

The language of the sales contract is English.  

2.2.1.      Confirmation of the Order by the Customer

The Customer must provide the information required for the completion of the Order, including the following information: 

- first and last name, 

- selection of a payment method and payment details, 

- e-mail address and phone number, 

- country or region for shipment, 

- delivery method, 

- billing address, 

- delivery address. 

The delivery address must be the same as the billing address unless specific conditions are met as referred to in Article 7. 

SUE HILL will communicate to the Customer the total price of the Order, as well as any delivery charges where applicable. 

SUE HILL will then send to the Customer an email explaining how they can pay, together with the General Terms and Conditions for Online and Distance Sales. 

By proceeding to payment, the Customer accepts these General Terms and Conditions for Online and Distance Sales and enters into a contract for an Order for the Item(s). 

Once the steps above have been followed, SUE HILL will send to the Customer, by email, a confirmation of the receipt of the payment of the Order. Such confirmation shall include: 

-Item(s) reference 

Such confirmation of receipt of the payment of the Order constitutes the acceptance of the Customer's Order.  

2.3.          Orders placed on the Website

 

2.3.1.      Selection of Items by the Customer

Special orders such as orders for made-to-measure items, unique pieces, etc. (excluding personalization) cannot be placed on the Website, SUE HILL invites its customers wishing to order special items to send an e-mail to: info@suehill.nl  

On the Website, the Customer selects, enters and validates the identification and quantity of Items he\she wishes to order, within the quantity limits indicated in Article 4 below; said Items are added to his\her “Basket”. 

The Customer may add, delete or update the quantity of Items in his/her Basket. 

 

2.3.2.      Identification

Once the Customer has completed his\her selection and wishes to validate the contents of his\her Basket, he\she can either: 
• identify himself\herself on his\her Customer account (hereinafter the “Account”), or 
• continue as a “guest”. 
The Customer can also identify himself\herself before selecting the Items. 

If the Customer already has an Account, he\she must identify himself\herself with his\her email address and password. 
If the Customer does not yet have an Account, he\she may create one by confirming his\her name, residential address, email address and phone number when ordering. 
Registration will be effective once confirmed, via a confirmation email, by SUE HILL. 

The Customer will not be able to request a change of address once his\her order has been placed, the Customer will have to place another order with the new address. 

Further information on the processing of the Customer's personal data is available in the Privacy Policy. 

Customer IDs and passwords are strictly personal. Consequently, each Customer undertakes to keep these in complete safety and never to communicate them to third parties. 
In the event of loss, theft or any fraudulent use of their Account, Customers undertake to inform SUE HILL immediately. 
SUE HILL cannot be held liable for direct or indirect damage caused by fraudulent access to the Account or the Website or when the Website is not available. 

 

2.3.3.      Placing an order

The Customer must select the delivery method and complete the information necessary for the proper dispatch of the order: 
- e-mail, 
- surname and first name, 
- address, 
- postal code, 
- city 
- telephone number, 
- delivery method, 
- invoicing address, 
- and delivery address or store in which the Customer wishes to collect his\her order. 
- choice of a payment method and payment information. 

The Customer may, for a gift order, include a customizable accompanying card. 

The Customer can use his\her delivery address as the billing address or enter another one. 

Once all this information has been duly entered and validated, the price of the Items (as defined in Article 5 below) as well as any shipping costs and the estimated delivery date are displayed automatically. 

The Customer must carefully check the accuracy of his\her selection before confirming his\her order. 
SUE HILL provides the Customer with technical means of verification in the form of a standard check summary for completeness and plausibility (allowing to check whether all the mandatory fields have been completed and whether the characters entered are appropriate for the mandatory field in question) to help the Customer recognize any errors he may have made in his entries. 
The Customer's order data is then summarized again for final checking. 

By clicking on the "Pay and place an order" button, the Customer places an order for the Item or Items placed in his\her Basket. 
The Customer can only place an order if he\she reads and accepts General Terms and Conditions for Online and Distance Sales and the Privacy Policy by clicking on the "Pay and place an order" button. 

 

2.3.4.      Confirmation of the order by SUE HILL

Once the steps provided for in Article 2.3.3 above have been completed, an acknowledgment of receipt of the order is sent to the Customer by e-mail.  

The sales contract is deemed concluded when the Item(s) that the Customer has ordered is/are dispatched and the Customer has received a separate e-mail from SUE HILL informing him\her of the shipment of his\her order. 

In the event of payment by credit card, the sales contract is concluded at the time of the debit of the Customer's credit card in accordance with the terms of Article 6 hereof, and this even if the debit of the Customer's credit card takes place before the dispatch of the order or before acceptance expressed by another means. 

In the event of payment by PayPal, Apple Pay or Apple Pay express as provided for by the terms of article 6.3 hereof, the sales contract is deemed to have been concluded when the Customer confirms his\her order on the PayPal, Apple Pay or Apple Pay express. 

The acknowledgment of receipt of the order includes the order number, the total amount of the order, information relating to the cost and delivery time, the essential characteristics, the quantity and the price of the Item(s) purchased. This acknowledgment includes a link to General Terms and Conditions for Online and Distance Sales. 

When the Item(s) ordered are dispatched to the delivery address chosen by the Customer, SUE HILL sends an e-mail to the latter informing him\her of the said dispatch as well as the price, as provided for in Article 5 below. The contract of sale is then definitively formed. 

In the case of a personalized ABCSUE HILL order, the order is made upon validation of the personalization by SUE HILL.

 

2.4.          Proof of Order

SUE HILL and Customers agree that emails or communications by Phone (including via instant messaging) are valid forms of communication, as well as the automatic recording systems used by Customer Service, in particular as regards the nature and date of the Order. 

SUE HILL shall retain the information relating to any Order for a period of six (6) years and shall make it available to the Customer upon written request addressed to:info@suehill.nl 

However, it is recommended that the Customer also keeps a copy (in electronic format and/or on paper) of the details relating to his/her Order placed. 

2.5.          Pre-Order Service

Prior to the official release date of certain products, SUE HILL may (at its discretion) select certain customers to preview the new collections, collaborations and/or capsule collections on SUE HILL.com.  

It is entirely at SUE HILL’s discretion (a) as to whether it chooses to allow a preview, and (b) if so, as to its choice of customers. 

The selected customers will have the opportunity to pre-order upcoming items of their choice. If an item is pre-ordered, the customer will be informed of the estimated delivery date, which is expected to be between three weeks and one month from the date of the product pre-order (although may, in certain circumstances, be longer, in which case SUE HILL will tell the customer).  

At the pre-order stage, SUE HILL will proceed with a deposit payment and will send the customer a deposit invoice thereafter. This is to secure the customer’s pre-order; if the item cannot subsequently be supplied for any reason, or if production and/or shipping is substantially delayed beyond the stated estimate, the deposit will be returned.  

The sale will complete when the product is shipped to the customer. At this stage, the customer will receive an invoice for the purchase.  

3  - Item selection and availability

The Customer is informed of the description of each of the Items and of its availability before placing an order or pre-order – pre-orders allow the Customer to order a selection of Items before their commercial launch or release in the market (orders and pre-orders are referred together below as “Order”). 

Items that are not available in stores may be ordered, and Customers will be required to make a deposit according to the Article 6. When placing the order, the Customer will be informed by the store of the expected date of the availability of the Item. 

If the Item(s) ordered are no longer available, SUE HILL will inform the Customer as soon as possible, and either the relevant part of the order will be cancelled, or the Customer may cancel the full order. The deposit paid for the cancelled Item(s) will be immediately refunded to the Customer in full on the payment method used for the transaction. Refunds by bank transfer can take up to 14 days to be processed after the cancellation of the order. 

SUE HILL reserves the right to change the Items offered at any time without notice, but this will not affect the existing Order(s). 

 

4  – Purchase Limits

The Items are sold to individuals for their own personal use or for a gift (the "Customer" or "you" and “your” shall be construed accordingly), and not for resale or for any commercial purposes. 

Therefore, the Customer confirms that he/she is acting as a consumer and that he/she does not intend to resell the Items for commercial purposes. He/she also certifies that he/she has the legal capacity to enter into these General Terms and Conditions for Online and Distance Sales. 

To ensure both a better service and availability of the Items, SUE HILL limits the number of Items that can be purchased by a Customer to: 

-8 Items per transaction; and/or 

-two (2) identical Items, of any colour and size, per 30 days (excluding bags, which are limited to one (1) per 30 days); and/or 

-3 bags, of any line, colour and size, per six months period. 

The limits indicated in the previous paragraph do not apply to Items in the Home and Men’s Timeless categories (Men’s "Ready-to-Wear", i.e., suits and tuxedos, suit jackets, shirts, and trousers; and Men’s "Accessories",i.e., belts, ties, bow ties, pocket handkerchiefs, cufflinks, and button covers). 

SUE HILL reserves the right to refuse any order which is fraudulent, abnormal or which exceeds the purchase limits set out above. SUE HILL may also refuse any order (i) made by a Customer with whom there is a dispute over a previous transaction, or (ii) where a Customer has failed to comply with these General Terms and Conditions for Online and Distance Sales. 

If SUE HILL finds that your Order does not comply with these General Terms and Conditions for Online and Distance Sales, it will notify you directly by phone or directly on the Website, or by email. 

If relevant, you will then be able to review your Order within five (5) calendar days of receiving such notification, otherwise SUE HILL may cancel the Order and the corresponding payment, and you will receive a refund of the price you paid for your Order. The refund can take up to 14 days to be processed after the cancellation of the Order. 

 

5  - Price of the Items - Invoice

The prices communicated by phone or displayed on the Website are indicated in USD ($) and (EUR (Є) and are inclusive of all taxes (including VAT) but exclude any delivery charges which may apply and will be displayed separately before an Order is placed. 

SUE HILL reserves the right to change the prices of the Item(s) at any time and without prior notice, except for orders or pre-orders you have already placed. 

Once the Order has been placed, the Customer will receive a receipt for the amount paid by him/her, in paper copy with the delivery and, where the service is available, by email. 

The receipt will include the following information: 

-transaction number, 

-Sales Assistant (applicable only for the orders placed by phone), 

-amount paid, 

-quantity (including shipment fees) / product reference and dedicated quantity. A receipt may be issued by SUE HILL upon request from the Customer. 

 

6  - Payment
 

6.1            Payment of orders placed on Website

 

Payment by Credit Card or Debit Card

Payment for the Customer's purchases can be made by credit card or debit card. Cards from the “CB” network, Visa©, MasterCard©, American Express©, ApplePay© are accepted.  

After validation of the bank details by the Customer on the Website, the latter accesses a secure server operating in SSL mode (128 bits). 

The transaction is then carried out by the Customer according to banking security standards. Authentication is specific to each bank. By communicating their bank card number and/or bank details to SUE HILL, on the Website, the Customer accepts in advance and unconditionally that SUE HILL proceeds with the secure transaction and authorize their bank in advance to debit his\her account in view of the records or statements transmitted by SUE HILL, even in the absence of invoices signed by the hand of the holder of the bank card used. 

The sales contract is concluded when the Customer's credit card is debited if this debit takes place before the shipment of the Item(s). However, this does not apply to deposits and other advance payments made by the Customer when the debit is made for the amount of the advance, on the agreed due date. 

Payment by PayPal

SUE HILL accepts payments made via PayPal (for orders made on the Website exclusively). 

At the time of validation of the order, the Customer chooses the "PayPal" payment option and will be automatically redirected to the "PayPal" platform. 

The Customer must then connect to his\her "PayPal" account using his\her contact details. If he\she does not have a “PayPal” account, he\she can create one on this occasion. After validation of his\her order with "PayPal", the Customer will be redirected to the confirmation page of the Website. 

The shipment of the order takes place only after verification of the method of payment, receipt of the debit authorization from the Customer's bank card or confirmation from PayPal and verification of the conformity of the order with these General Terms and Conditions for Online and Distance Sales. 

 

7  - Delivery of the Order

For security reasons, SUE HILL will not process any Order where the delivery or billing address is not a personal address located in The Netherlands (for example a PO box, pick-up address or a locker). 

Once payment of the amount of the Order has been validated, the Items will be delivered to the delivery address. The delivery address will be the billing address except where a regular customer has more than 12 months’ spending history. Only in those circumstances can the delivery address be different from the billing address. 

Please take care to ensure the accuracy of the delivery address at the time of ordering. Once your payment has been received, the Ordered Items will be delivered: 

-on the date or within the timeframe indicated to the Customer by SUE HILL before the Order is confirmed or, if no time has been agreed, at the latest, within thirty (30) days of the date of the Order; or 

-for preordered Item(s), on or around the estimated delivery date; or 

SUE HILL will deliver the Items Ordered in accordance with the delivery option selected by the Customer. Customers will be required to comply with proof of delivery process from the carrier company. 

Delivery charges may apply – Customers will be notified of any applicable delivery charges at the point of completing the Order. 

SUE HILL's failure to deliver the Items on (a) the scheduled date and (b) any reasonable new scheduled date advised by the Customer, will allow the Customer to bring the contract to an end and receive a refund of the price paid for such Items (‘Refund’). 

If delivery of the Items is delayed by an event outside SUE HILL’s control, then the Customer shall be contacted as soon as possible, and steps will be taken to minimise the effect of the delay. 

Provided SUE HILL does this, SUE HILL shall not be liable for delays caused by the event, but if there is a risk of substantial delay the Customer may contact SUE HILL to end the contract and receive a Refund. 

If SUE HILL cannot deliver the Item because the Customer is not at the delivery address at the time (or does not answer the door), SUE HILL will make two further delivery attempts without undue delay. If the Customer still does not take delivery, SUE HILL will, after those three attempts, cancel and Refund the Order, and the Customer will receive confirmation by email. 

Note that, once delivery is made to any agreed location, risk in the Item transfers to the Customer and SUE HILL has no responsibility arising from any loss of, or damage to, the Item following such contractually permitted delivery.
 

8  - Customer Data - Privacy Protection

For information on how SUE HILL uses your personal data, please see our Privacy Policy and (where applicable) the Cookie Policy accessible here: https://www.suehill.nl/privacypolicy. If you have any questions, or wish to exercise any of the rights in relation to your data as described in the Privacy Policy, please contact info@suehill.nl.

Any third-party payment service provider we use to facilitate the payment process will also act as a separate controller. The payment service provider has its own privacy regulations, privacy policies and procedures, defined independently, for all personal data held by the as Controller and so you should review their privacy policy made available to you during the Order process. 

 

9  - Ownership of the Items

SUE HILL will own the Items until these are received by (a) the Customer, or (b) the intended recipient. You may not resell any Items before this time unless SUE HILL has provided its prior written consent. 

 

10 - Intellectual Property Rights

Any intellectual property rights pertaining to any SUE HILL product or element (including SUE HILL Items), such as trademarks, illustrations, photos, images, models, designs and logos, whether registered or not, is and will remain the exclusive property of SUE HILL. 

Any total or partial reproduction, downloading, modification or use of SUE HILL 's trademarks, illustrations, images, photos, logos and designs, for direct or indirect commercial use and on any medium whatsoever, without the express prior written consent of SUE HILL, is strictly prohibited. 

 

11  - Right to cancel

11.1         Right to cancel

NOTE: in all cases, whenever you wish to cancel because you have changed your mind, and where these terms and conditions permit such cancellation: 

 

1. you must return all relevant Items to SUE HILL in an unused condition and in their original packaging; and  
2. we are permitted to make a reduction to any Refund, up to the full purchase price of the Item, to take account of any damage to, or usage or handling of, an Item that affects its value. Please, therefore, be careful.   

As a consumer, you have the legal right to cancel any order within fourteen (14) days of your receipt of the Item without giving any reason. The cancellation period ends fourteen (14) days after the day you or the intended recipient (not the delivery carrier) receives the last Item of the Order. 

To exercise the right to cancel, you must inform us of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail), or by using the model cancellation form set out in Appendix 1, within the fourteen (14) days period set out above. 

The right to cancel does not apply to goods made to the Customer’s specifications or which are clearly personalised, or to sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (see Article 12 stating when the Customer does not have a right to return). 

11.2         Effects of cancellation

If you cancel the order, we shall refund you all payments received from you, including the costs of delivery (except where a premium delivery method was chosen, in which case only the delivery charges for standard delivery will be refunded), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to cancel this contract. 

We will make the refund using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as part of your refund. 

We may reduce the refund to reflect any loss in value to the Item if that loss is the result of unnecessary handling by you. For further details see Article 12. 

 

12 - Our returns policy

In addition to your legal right to cancel which is set out above, SUE HILL gives Customers thirty (30) days to return the purchased Item(s), if the Customer shows a valid form of ID and the receipt. This period runs concurrently with the 14-day right set out above.  

The Customer does not have a right to return in respect of: 

-personalised or bespoke Items or made to order Items, 

-Items subject to a CITES issuance; Any Item that has given rise to a tax refund, or has been purchased duty free, 

-Items sealed for health protection or hygiene purposes (for example, swimwear), that you opened after receiving them. 

In any case, the Customer must return the Items: 

-within thirty (30) days of delivery, 

-accompanied by the completed return form or a clear statement indicating that you wish to return the Items; and 

-in its/their original full packaging. 

Items returned must be in their unused original condition with all SUE HILL labels attached and all related packaging, accessories and documents provided. Items that are returned incomplete, damaged, without the label and original packaging, altered, soiled, or in any other condition that would reasonably suggest that they have been used or worn, cannot be exchanged, or returned. For shoes in particular, we recommend that you try your SUE HILL shoes on a clean floor which will not damage or mark the soles, such as a carpeted surface. 

Items not returned or returned incomplete, ruined, without the label, damaged, degraded, soiled or in any other condition that would reasonably suggest that they have been used or worn, will not be refunded or exchanged and will be returned to the Customer. 

If an Item has been returned after thirty (30) days of the Customer receiving or collecting it, SUE HILL reserves the right to issue no refund at all and the Item shall be returned to the Customer. 

 

In addition, gift recipients do not have a right to cancel. Only Customers may exercise that right. 

Your legal right to cancel is in addition to your right to make a voluntary return. Customers can return Items within one of the stores of SUE HILL network in the European Union and Switzerland, however in that case no refund will be possible, and customer may be offered: 

 

1. an exchange (subject to availability) - if the new item chosen as a replacement has a greater value than the returned Item, the price difference will be paid by the Customer; if the new item has a lower value, SUE HILL will issue a credit note to the Customer, valid for 1 year and only available for use in SUE HILL's online store. SUE HILL may refuse to exchange an Item where the Customer has attempted to make more than two successive exchanges: or 
    

In such case, the applicable general terms and conditions of sale of the store will replace these General Terms and Conditions for Online and Distance Sales. 

Only the SUE HILL online store is allowed to offer a refund to the Customer. 

If the Items are damaged, faulty, or not as described, you may receive a refund, or request a replacement, as set out below in Article 14. 

 

12.1         Voluntary return of the orders made by Website

The Customer may return the purchased Items within thirty (30) days, for which he\she shall: 

 

1. notify SUE HILL of his\her wish to return via their account opened on the Website, in this case SUE HILL will acknowledge the receipt of the Customer's cancellation by e-mail  or call the Customer Relations Department and inform them of his\her wish to exercise his\her right of return; 
2. Agree with the Customer Relations Department on an appointment (date, time slot and place) for the pick-up of the Item(s) by UPS 
3. return his/her Item(s) directly to a drop-off point using the prepaid return label included in the package;  

 

12.2         Voluntary return of the orders made by Phone

 

The Customer may return the purchased Items within thirty (30) days, for which he\she shall: 

 

1. select the Item(s) he/she wants to return and indicate to SUE HILL whether he/she (i) changed his/her mind (see Term 10 and Term 11), or (ii) wants to return defective Item(s) (see Term 12). 
2. schedule the pick-up of his/her package at home. He/she shall choose the day and the time slot among those proposed by the authorised carrier, and then print and stick the prepaid label on the package. The Customer will receive an e-mail confirming his/her request of return and pick-up. 
3. deliver the package to the authorised carrier (which shall be notified to you). The carrier will arrive at the Customer’s home, at the previously chosen time slot for the pick-up of the Item(s). 

 

Only SUE HILL’s authorised carrier must be used, and the customer should not arrange for return of Item(s) through any other carrier than the authorised carrier, as the Item(s) may be damaged or lost, in which case SUE HILL may not be able to issue a refund. 

 

13  - Exchange

In addition to the Customer's right to cancel and return the Items in accordance with Articles 11 and 12 hereof, the Customer may also change his mind and exchange an Item within thirty (30) days, under the conditions provided for in Article 12. 

In the event that an Item is defective, please refer to Article 14 hereof. 

In the event of an exchange request, the Customer may exchange an Item via the Website.

Personalized Items or items made at the Customer's request, damaged Items as well as Items sealed (for example, swimsuits) but which have been unsealed after delivery cannot be returned and exchanged for reasons of hygiene or health protection. 

Without prejudice to the Customer's rights provided for in Article 12, SUE HILL reserves the right, within the framework of its exchange policy, to refuse an exchange beyond two (2) successive orders. 

The Customer may not make two exchanges for the same order, in the event of wishing to exchange Items which have already been the subject of an exchange, the Customer may return the Item(s) by contacting the Customer Service by phone and get refunded. 

The exchange of Items is subject to the availability of said Items on the Website or in the Store where the Customer has gone to make an exchange. In the event that the Item(s) are unavailable, the Customer will be refunded under the conditions provided for in Article 12. 

 

13 - Exchange of Items via the Website

If the Customer changes his\her mind and wishes to exchange one or more Item(s) via the Website, the Customer must specify in the appropriate section of the Website what Item(s) he\she wishes to receive in exchange for his\her order. The Customer may return one or more Item(s) under the conditions provided for in Article 12 above (deadline, exchange conditions). 

The number of replacement Items must be identical to the number of Items returned. 

The transport costs of the first delivery will be reimbursed but the transport costs of the second delivery will be invoiced according to the delivery method chosen. The new sale will be subject to the General Terms and Conditions for Online and Distance Sales in force at the time of the exchange.   

14  - Customer’s rights in case of faulty Item(s)

We are under a legal duty to supply Items that are in conformity with these General Terms and Conditions for Online and Distance Sales. If your Item is not as described, damaged, or faulty, you may be entitled to a refund or replacement in accordance with your legal rights. If you have any questions or complaints about your Item, please speak to one of our Sales Associates in store, or telephone our Customer Service at [+31 (0)13 300 3810], Monday to Friday from 9AM to 5PM (except public holidays), excluding public holidays, or email us via info@suehill.nl. If you wish to exercise your right to reject Items, please arrange for return of the Items as set out in Article 12. Upon receipt of your item(s), and subject to inspection, we will process the return. Where you are entitled to a refund, this will be done in full on the payment method used for the initial transaction. 

 

15  - After-Sales Service

SUE HILL may offer, in some cases, the Customer extended commercial warranties or any warranties in addition to the standard legal warranties. If this is the case, the details of the commercial warranty or guarantee shall be included with your Item(s) when it/they is/are delivered. 

All technically repairable Items may be serviced by an after-sales service. 

The terms and conditions of use of the after-sales service are available in Appendix 2. SUE HILL does not make spare parts available for any guaranteed period. SUE HILL will nevertheless make its best efforts to accommodate its Customers in the event of a request for one or more spare parts. 

 

16  - Information on the Items - Liability - Events beyond our control

Information on all Items offered for selling shall be made available in the SUE HILL Website. 

The photographs, graphics and descriptions of the Items offered for sale are for illustrative purposes only. Customers can obtain additional information by contacting Customer Service via info@suehill.nl 

While every effort is made to ensure that the colour and pattern of the Items pictured on the Website, or in pictures sent by Phone, accurately reflect the original Items, variations may occur, in particular due to technical limitations in the colour rendering of the computer equipment. Your Item may vary slightly from those images. 

If SUE HILL fails to comply with these General Terms and Conditions for Online and Distance Sales, it is only responsible for loss or damage the Customer suffers that is a foreseeable result of SUE HILL breaking this contract or failing to use reasonable care and skill, but SUE HILL is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious it will happen or if, at the time the contract was made, both SUE HILL and the Customer knew it might happen, for example, if the Customer discussed it with SUE HILL during the sales process. 

SUE HILL does not exclude or limit its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the  Items  and  for  defective  products  under The Consumer Authorities (ACM) laws.

 

17  - Non-Waiver

Even if SUE HILL delays enforcing these General Terms and Conditions for Online and Distance Sales, we can still enforce these later. 

 

18  - Validity of the General Terms and Conditions for Online and Distance Sales - Severability

If any of the provisions of these General Terms and Conditions for Online and Distance Sales shall be declared null and void in whole or in part, the other provisions and the other rights and obligations arising from these General Terms and Conditions for Online and Distance Sales shall remain unchanged and shall remain applicable. 

 

19  - Alternative Dispute Resolution - Applicable Law

Any dispute to which these General Terms and Conditions for Online and Distance Sales may give rise will be subject to Dutch law, and the jurisdiction of the Dutch Courts, although you may bring proceedings in the courts where you live. 

If you have any questions or complaints, please contact us. If you are not happy with how we have handled any complaint, you can contact the alternative dispute resolution provider we use. 

  

For any questions on these terms, please contact your SUE HILL sales teams (e-mail address is: info@suehill.nl. 

 

20 - Cancellation

You can send an e-mail with your order number to info@suehill.nl if you wish to exercise your right to cancel, in accordance with the provisions of Term 10 of our General Terms and Conditions for Online and Distance Sales.

  

21 - After Care Services

The after-sales service provided by SUE HILL (Care Services) is subject to the following general terms and conditions from the moment the SUE HILL product is deposited at SUE HILL to its collection. 

For all repairs, the deposited SUE HILL products to the Care Services will be automatically appraised by our workshops. At the end of this expertise, you may be offered a quote and a repair time. 

SUE HILL reserves the right to refuse the repair and/or cleaning of a SUE HILL product without any consideration or form of compensation or indemnity from SUE HILL. 

For all repairs concerning SUE HILL products, a proof of purchase must be provided when the product is deposited. If this is not provided, repairs will be invoiced subject to the specific warranty conditions applicable to the product concerned. 

No product may be withdrawn from the Care Services unless the following are provided: (i) the document herein duly signed by you and dated the day the SUE HILL product was deposited to the SUE HILL Care Service, as well as (ii) a valid piece of ID. 

You have a period of two (2) years from the date of the dispatch of the mail, email and/or SMS informing you that the SUE HILL product is ready for collection from the Care Services to collect the item. 

If at the end of this two (2) year period, you have not withdrawn your SUE HILL product, SUE HILL reserves the right to freely dispose of the item left in its possession. 

Your personal data collected through this form are intended for SUE HILL for the management of its Care Services and the care provided to SUE HILL products. 

As per applicable laws and regulations, you shall be entitled to access, correct and delete any data that may relate to you. You may exercise this right at any time by sending us an email at info@suehill.nl. 

For any further information about the processing of your personal data, please consult our privacy policy on SUE HILL.com. 

Should any dispute arise in relation to the SUE HILL Care Services, you have the option, before any legal action, to seek an amicable solution and use the MFN Register. For any further information on the mediation process or any other method of alternative dispute resolution, please get in touch with us. 

SUE HILL attaches great importance to the protection of its intellectual property rights and the respect of the law. Consequently, SUE HILL does not repair items identified as stolen or counterfeit. 

In addition, you authorize SUE HILL, if the circumstances warrant it, to (i) retain any infringing items for the purpose of destroying them or for the purpose of judicial investigation and/or, where applicable, as evidence against the infringer or the offender; (ii) to communicate personal data to the competent authorities if required by law or by the same authorities. 

If you disagree with all or part of these general terms and conditions, it is your responsibility not to submit your article for repair. 

Purchasing items in SUE HILL stores and from its authorized distributors is the best way to ensure the authenticity of a SUE HILL product.