THE CHILDISH STYLIST AS (hereinafter referred to as “THE CHILDISH STYLIST”) operates a website at thechildishstylist.com and an App on which selected childrens outfits are offered. The customer is given the opportunity to register in the online system or app and enter into a database specific data and information regarding his/her person, preferences and taste in the area of fashion and lifestyle. The customer thus grants THE CHILDISH STYLIST consent to put together and send to the customer at its own discretion, based on personal criteria, as individual as possible a selection of fashion articles of any kind. § 4 and 5 below provide more details on how the contract comes into being and the customer’s statutory cancellation right. The use of the website thechildishstylist.com, app and the contracts concluded through that website are subject to the following General Terms and Conditions of Business.
1.1. The website thechildishstylist.com, including all subdomains and app (hereinafter referred to as thechildishstylist.com) and the system for the distribution of fashion articles are operated by THE CHILDISH STYLIST AS, Øvre Dynnersmauet 7, 5011 Bergen, Norway, represented by managing director Mark Nijhof and entered in the commercial register of the District Court for Bergen Norway under register number 915 039 707 (hereinafter referred to as THE CHILDISH STYLIST).
1.2. The following General Terms and Conditions of Business (Ts&Cs) apply for the use of the website thechildishstylist.com and for the contracts concluded through thechildishstylist.com and app. Deliveries and services of THE CHILDISH STYLIST will be performed exclusively in accordance with these Ts&Cs. Any differing or contradictory general business conditions of the contract partner shall not apply even if we render our performance without any reservations.
1.3. These Ts&Cs of THE CHILDISH STYLIST can be accessed, printed out or locally saved at any time at thechildishstylist.com/terms.
1.4. Within the framework of contracts with THE CHILDISH STYLIST these Ts&Cs confer rights and impose obligations exclusively on consumers. A consumer in the meaning of the following provisions (hereinafter referred to as a “customer”) is any natural person who concludes a legal transaction for a purpose which cannot be attributed either to his/her commercial or independent professional activities
THE CHILDISH STYLIST reserves the right to adjust or amend these Ts&Cs at any time within the legally permitted limits. For ongoing contractual relationships, particularly for already placed orders, as a rule the version of these Ts&Cs applicable when the respective legal transaction was concluded shall apply. However, THE CHILDISH STYLIST AS shall have the right to unilaterally amend these Ts&Cs, insofar as they have been introduced into the contractual relationship with the customer, if this is necessary to eliminate subsequently arising disruptions of equivalence or to make an adjustment in line with changed legal or technical framework conditions and is not contrary to the current provisions of law relating to consumer protection. The customer shall be informed of any adjustment, specifying the content of the amended provisions. The amendment shall become a part of the contract unless the customer objects to its integration into the contractual relationship with respect to THE CHILDISH STYLIST in writing or text form within six weeks after receiving the change notification.
3.1. THE CHILDISH STYLIST provides the customer with the opportunity to register on thechildishstylist.com and open an account. Registration is essential to use the THE CHILDISH STYLIST Internet service.
3.2. The customer must treat his/her personal access data confidentially and refrain from making it available to any unauthorised third parties.
3.3. The customer registers by providing his/her name and email address when creating a profile.
3.4. Registration with THE CHILDISH STYLIST is free of charge. There is no entitlement to registration. THE CHILDISH STYLIST AS can also make registration subject to further requirements (e.g. verification of the registration data, a creditworthiness check). When registering the customer must provide correct and accurate information. He/she should report any changes in the data in order to avoid costs if he/she would like to place a new order. In particular, the customer must state his/her full name, address, country and e-mail address. THE CHILDISH STYLIST shall have the right to effectively deliver declarations to be made with respect to the customer to his/her e-mail address, unless a stricter mandatory form is required by law or under an agreement.
4.1. The website as such, particularly the presentation of goods on thechildishstylist.com, does not constitute a binding offer of THE CHILDISH STYLIST.
4.2. On the basis of the personal data that the customer enters in the THE CHILDISH STYLIST online system, THE CHILDISH STYLIST shall select various goods and send them to the customer at the current product price. Price increases at short notice, within four months after the conclusion of the contract, are excluded. The selection of the goods is at the sole discretion of THE CHILDISH STYLIST. The customer has no entitlement to be sent particular products. The customer will be sent, per order, goods with a maximum value of EUR 1,500.00 including the currently applicable VAT of the customer´s specified delivery country. The customer therefore explicitly grants THE CHILDISH STYLIST a unilateral performance determination right. The personal data can be entered by the customer during a telephone appointment with a style consultant, or alternatively by telephone, by sending an order through a questionnaire uploaded onto the THE CHILDISH STYLIST website without a telephone consultation or also by sending a text message or e‑mail to THE CHILDISH STYLIST. The customer shall receive, according to his/her order request, a confirmation by THE CHILDISH STYLIST of the dispatch of the goods either by e-mail or in writing.
4.3. The sending of the goods after the customer has declared his/her consent to it constitutes THE CHILDISH STYLIST’s offer to conclude a purchase contract with regard to the dispatched fashion articles at the specified price, a maximum of EUR 1,500.00, including the currently applicable statutory VAT of the customer´s specified delivery country. When the package of goods is accepted by the customer or by a third party authorised or tolerated by him/her the offer will be deemed to have been accepted. Irrespective of this, the customer is also entitled to the statutory cancellation right, as detailed in § 5.
5.1. This section provides the customer with the legally required information on the requirements for and consequences of the cancellation right (here). In the event of return shipment of goods where the cancellation right has been lawfully exercised, the customer must use the return shipment sticker enclosed by THE CHILDISH STYLIST. If the return shipment sticker is not (or no longer) available, you can request one at any time from THE CHILDISH STYLIST’s customer service.
Telephone: +47 467 48 688
Open Hours: Monday – Friday, 9am – 6pm
The return shipment sticker allows unnecessary costs to be avoided. For that reason, the goods should preferably not be sent back without prepaid freight, unless explicitely requested by THE CHILDISH STYLIST.
5.2. The purchase price shall be reimbursed, unless other account details have been submitted, into the account of the customer used for the payment.
5.3. The customer has 7 days after delivery to decide what they will return using the finalize link found in their delivered email or on our website.
5.4. Returns shall be returned within 7 days of finalizing the delivery and no later then 14 days after receiving the The Childish Stylist.
5.5. The customer will bear the cost for returns.
5.6. THE CHILDISH STYLIST will bear the cost for the returns when the customer adheres the above time limits and keeps minimally half of the delivered value.
5.7. If a preview was requested and the order was canceled after receiving this preview then a fee of EUR 10.00/KR. 100.00/GBP 10.00/FR. 10.00 per box will be charged which will be deducted from the refund amount.
THE CHILDISH STYLIST is not obliged to further process the information provided by the customer. Also after successful registration no legal entitlement exists to use services or claim performances.
7.1. It is not permitted, without the explicit prior consent of THE CHILDISH STYLIST, to copy content from the THE CHILDISH STYLIST website and otherwise use it The user only has the right to use the Internet service operated by THE CHILDISH STYLIST through the customary programmes (Internet browser) or software possibly provided by THE CHILDISH STYLIST. In particular, it is not permitted to use the service through automated software (e.g. script programmes). This particularly applies if the purpose of that software is to generate or obtain certain data.
7.2. THE CHILDISH STYLIST reserves the right to change or reduce the scope of the functionalities of the website at any time or to discontinue them. In the event of necessary maintenance work, it cannot be ruled out that the website may be temporarily unavailable. The customer has no entitlement to be able to access or call up his/her data at any time. In individual cases a loss of data may occur. THE CHILDISH STYLIST is not liable for such losses of data.
8.1. The goods will be delivered to the address that was specified when the membership was established or when the order was placed. If the recipient’s address is stated incorrectly, the customer shall bear the additional costs incurred. The same applies if the goods cannot be delivered.
8.2. The preparation and shipping costs shall be borne by THE CHILDISH STYLIST for deliveries within most European countries. The goods will be sent through a delivery firm selected by THE CHILDISH STYLIST, directly to the address specified by the customer or chosen PickUpPoint by THE CHILDISH STYLIST. As a rule, offers will be delivered within ten business days (weekends and holidays not included). Deliveries will be made to other countries as requested.
8.3. THE CHILDISH STYLIST shall also bear return shipment costs if the goods are defective.
8.4. In the case of deliveries to consumers, the risk transfers to the customer when the shipment containing the goods to be delivered is handed over by the carrier to the customer or its authorised representative or at the delivery address specified by the customer.
8.5. A undeliverable fee of EUR 40.00/KR. 400.00/GBP 40.00/FR. 40.00 per The Childish Stylist box will be deducted when a The Childish Stylist cannot be delivered and needs to be returned to THE CHILDISH STYLIST.
9.1. When the goods are delivered, the customer shall receive a delivery email with a price-list for all the delivered goods. The prices specified will be final prices, including all price components and all payable taxes. No additional costs will be charged for the shipment.
9.2. Once the purchase contract has become effective in accordance with § 4, THE CHILDISH STYLIST AS shall notify the customer by e-mail of the total purchase price to be paid for the approved goods.
10.1. The customer has the following payment options: payment by Afterpay, credit card, Vipps, Sofort, iDEAL or payment on account. THE CHILDISH STYLIST reserves the right not to offer individual payment methods or to only offer them for particular orders.
10.2. If the customer is late in settling more than one liability, THE CHILDISH STYLIST shall have the right, after the ineffective expiry of a two-week additional time limit, to make all its receivables from the debtor due for payment, if the arrears relate to at least two different invoices and amount to at least 10 % of the total receivables.
11.1. THE CHILDISH STYLIST shall be liable for damage incurred by the customer caused by THE CHILDISH STYLIST, its statutory representatives, managerial staff or vicarious agents either intentionally or due to gross negligence.
11.2. Irrespective of the degree of culpability, THE CHILDISH STYLIST shall be liable for any claims for compensation of the customer for losses stemming from loss of life or injury to the body or health resulting from a breach of obligation by THE CHILDISH STYLIST or the persons referred to in § 11.1. Irrespective of the degree of culpability, THE CHILDISH STYLIST shall also be liable for any losses that arise as a result of the persons referred to in § 11.1 breaching an obligation which is of key significance for the achievement of the objective of the contract, as well as in the event of wilful deceit. Likewise, THE CHILDISH STYLIST shall be liable, irrespective of the degree of culpability, if the damage results from a violation of a guarantee provided by THE CHILDISH STYLIST or organisational fault.
11.3. In cases other than those referred to in § 11.2., THE CHILDISH STYLIST’s liability for minor negligence is excluded.
11.4. Claims against THE CHILDISH STYLIST due to defects shall expire by time limitation after 12 months have elapsed from the beginning of the statutory time limitation period, except for claims in the cases referred to in § 11.1 and 11.2.
12.1. The goods sent by THE CHILDISH STYLIST shall remain its property until the purchase price claim has been settled in full. The customer will not have the right to resell the goods until it has acquired the ownership title.
12.2 The customer is not permitted to either pledge the goods subject to retention of ownership or assign them as security. He/she must notify the provider without delay in the event of any attachment or seizure or other interventions by third parties.
12.3. The customer must provide the provider with free access to the goods delivered by it subject to retention of ownership. In the event of insolvency, the provider shall have a right to separation from the insolvency assets.
14.1. THE CHILDISH STYLIST shall have the right to have its tasks carried out, entirely or partially, by qualified persons from outside its company (freelance cooperation partners or third parties) acting as vicarious agents. The payment of those external persons shall be carried out exclusively by THE CHILDISH STYLIST itself. No contractual relationship shall arise between the external persons used by THE CHILDISH STYLIST and the customer.
14.2 THE CHILDISH STYLIST shall have the right to completely or partially transfer the rights and obligations stemming from the contractual relationship with the customer to third parties. In the event of the partial or complete transfer of the rights and obligations to a third party, the customer shall be notified to that effect and shall have the right to terminate the contractual relationship ex nunc.
14.3. The rights and obligations arising from an THE CHILDISH STYLIST membership are highly personal and are not transferable to a third party.
The THE CHILDISH STYLIST Club is a programme for existing customers to reward their loyalty to THE CHILDISH STYLIST AS, Øvre Dynnersmauet 7, 5011 Bergen, Norway (hereinafter referred to as "THE CHILDISH STYLIST"). Club members are offered exclusively selected monetary and non-monetary benefits, the specification of which is the sole responsibility of THE CHILDISH STYLIST. Club members have no right to claim specific benefits on this basis. Membership of the THE CHILDISH STYLIST Club is free of charge. The basis for membership are the General Terms and Conditions of the THE CHILDISH STYLIST Clubs described here, which are supplemented by the General Terms and Conditions of THE CHILDISH STYLIST (see here for the General Terms and Conditions of THE CHILDISH STYLIST).
15.1.1 Members of the THE CHILDISH STYLIST Club must be individuals over the age of 18 who are already registered as existing customers with THE CHILDISH STYLIST and who have placed at least two orders with THE CHILDISH STYLIST with a minimum value of € 200.00 including VAT and who fulfil the requirements pursuant to Section 5.1 below. Furthermore, these individuals must be residents of Norway, Sweden, Denmark, Germany, The Netherlands, Belgium, France and the UK.
15.1.2 Businesses, companies, government agencies, associations, employees of THE CHILDISH STYLIST and companies associated with THE CHILDISH STYLIST according to corporate law are in particular excluded from membership.
15.1.3 Membership in the THE CHILDISH STYLIST Club will be granted as soon as the membership conditions have been fulfilled and the customer has registered here as a club member. The customer will be informed about the membership in writing (including e-mail). Membership can be cancelled by post or by e-mail: THE CHILDISH STYLIST AS, Øvre Dynnersmauet 7, 5011 Bergen, Norway, e-mail: firstname.lastname@example.org.
Club members are granted various benefits. These may include exclusive regular customer specials with time limits, percentage discounts on selected products, special offers, the purchase of goods only available to club members and participation in exclusive events.
Club members are sent an individual shopping basket once every three months. The contents of the basket are based on their previous orders and information about the type of customer provided during registration and/or a consultation with our style consultants. The General Terms and Conditions of THE CHILDISH STYLIST (see here for the General Terms and Conditions of THE CHILDISH STYLIST) apply for the conclusion of the contract and payment obligations in addition to other framework conditions regarding the delivery of the respective individual shopping basket.
15.4.1 Individuals are required to specify their full name, postal address (not a PO box), e-mail address and date of birth to become a member of the THE CHILDISH STYLIST Club. The Member accepts that THE CHILDISH STYLIST will store their personal data and use it for internal member administration and communication purposes, such as sending information about new THE CHILDISH STYLIST Club benefits. THE CHILDISH STYLIST will not pass this data on to third parties. This does not include the transfer of address data to delivery service providers performing shipping operations for goods and/or informative materials on behalf of THE CHILDISH STYLIST. However, these service providers are not permitted to pass on this data. The provisions regarding data protection (see here for the data protection statement of THE CHILDISH STYLIST) also apply.
15.4.2 Customers are entitled to refuse the use of data by THE CHILDISH STYLIST at any time in writing. The contact details provided above in Section 2.3 can be used for this purpose. As club membership without the use of personal data is not possible, THE CHILDISH STYLIST will consider an objection to the use of data to be a simultaneous termination of the club membership.
15.4.3 The member may terminate their membership in the THE CHILDISH STYLIST Club at any time. For this purpose, the member should send an informal written notification using the contact details provided in Section 2.3 above.
Should individual provisions of these Ts&Cs or the contract concluded with the contract party be ineffective, in part or in whole, the effectiveness of the contract shall not be otherwise affected.
17.1. If a customer has no general place of jurisdiction in Norway or the European Union, the customer’s place of residence or habitual residence is not known at the time when the action is brought or the customer relocated his/her place of residence outside the scope of applicability of the Norwegian Code of Civil Procedure after the conclusion of the contract, the laws of Norway shall apply for any legal disputes between the customer and THE CHILDISH STYLIST. This shall not apply if specific consumer protection regulations in the customer’s home country are more favourable for him/her. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental convention shall not apply in this respect.
17.2. In such a situation, the place of jurisdiction shall be the registered office of THE CHILDISH STYLIST AS (Bergen, Norway).
Bergen, Norway, 7. May 2017