GENERAL TERMS AND CONDITIONS CARTELLO WEAR
In these general terms and conditions, the following terms are used in the following meaning, in so far as the nature or scope of the stipulations does not differ.
Buyer: any natural or legal person with whom Cartello Wear has entered into or intends to conclude an agreement.
Consumer: the buyer as referred to in paragraph 2 who is a natural person and who does not act in the exercise of a profession or business.
Agreement: every purchase agreement concluded between Cartello Wear and the buyer with which Cartello Wear has committed itself to the buyer, at a price agreed upon, to deliver products.
Distance contract: the agreement as referred to in the previous paragraph that is concluded between Cartello Wear and a consumer in the web shop.
Webshop / website: www.cartellowear.nl / www.cartellowear.com
Products: all items to be delivered to the buyer by or on behalf of Cartello Wear, such as clothing and accessories.
Written: both traditional written communication and digital communication to be stored on a durable medium, such as e-mail communication.
Right of dissolution: the possibility offered to the consumer to dissolve a distance contract up to 14 days after receipt of the products by or on behalf of the consumer.
These general terms and conditions apply to every offer from Cartello Wear and every agreement reached.
The applicability of the buyer’s purchase or other conditions is explicitly rejected.
The provisions in these general terms and conditions can only be deviated from in writing. If and to the extent that the parties have expressly agreed in writing, deviates from the provisions in these general terms and conditions, the parties explicitly agree in writing.
Destruction or invalidity of one or more of the present provisions in these general terms and conditions shall not affect the validity of the other stipulations. In a given case, the parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected stipulation. In doing so, the purpose and intent of the original provision will be taken into account as much as possible.
OFFER AND CONCLUSION OF THE AGREEMENT
Unless a term of acceptance is stated therein, any offer of Cartello Wear is without obligation.
The buyer can not derive any rights from an offer by Cartello Wear that contains a manifest error or error.
Every agreement comes about through offer and acceptance. If the acceptance of the buyer deviates from the offer of Cartello Wear, the agreement will not be concluded in accordance with this deviating acceptance, unless Cartello Wear indicates otherwise. An order placed through the web shop, as soon as possible by Cartello Wear to the buyer confirmed by e-mail.
A composite quotation does not oblige Cartello Wear to fulfill part of the offer against a corresponding part of the price quoted.
If the buyer concludes the contract on behalf of another natural or legal person, he declares that he is authorized to do so by entering into the agreement. In addition to this (legal) person, the buyer is jointly and severally liable for the fulfillment of the obligations arising from that agreement.
DELIVERY OF PRODUCTS & DELIVERY TERMS
The delivery of orders takes place by delivery thereof at the delivery address or pick-up point specified by the buyer.
Cartello Wear reserves the right to deliver orders in parts. In that case, the consumer’s reflection period in connection with the right of dissolution will not commence until the last partial delivery from the order has been taken by or on behalf of the consumer.
The risk of loss and damage to the products passes to the buyer at the moment that the products have been received by or on behalf of the buyer.
Cartello Wear endeavors to comply with the delivery terms agreed between the parties. However, all delivery periods stated by Cartello Wear can only be regarded as indicative, non-fatal terms. The failure of Cartello Wear shall not take effect until the buyer has given Cartello Wear written notice of default, in which notice a reasonable period is specified within which Cartello Wear can still comply with the agreement and the fulfillment after the expiry of the last term is still stayed away. Agreed delivery terms do not start earlier than after Cartello Wear has received all the necessary information for the delivery from the buyer.
If the agreed delivery period is exceeded, the buyer is never entitled to refuse to accept the products to be delivered and / or to pay the amounts due to Cartello Wear pursuant to the agreement.
If the products could not be delivered as a result of a circumstance attributable to the buyer, Cartello Wear will store the products at the expense and risk of the buyer, without prejudice to the buyer’s obligation to pay the goods under the contract. the amounts due to Cartello Wear.
In the event that the buyer refuses the purchase of the ordered products or is otherwise negligent to take delivery of the products, the buyer will inform Cartello Wear at the first request within which period the products will be purchased. This period will never be longer than one month after the day of the request as referred to in the previous sentence. Cartello Wear is entitled to dissolve the agreement if the buyer, after the expiry of the term referred to in the previous sentence, has still neglected the purchase of the products, without prejudice to the obligation of the buyer to pay the goods he has received pursuant to the agreement. amounts due to Cartello Wear and costs for storage of the products.
If Cartello Wear makes reasonable costs in application of paragraphs 5, 6 or 7 which would not exist if the buyer had properly fulfilled his obligations referred to in those paragraphs, these costs shall also be borne by the buyer.
RESEARCH AND ADVERTISING
At the time of delivery of the products, the buyer must immediately check whether the nature and quantity thereof meet the agreement. If, in the buyer’s opinion, the nature or quantity of the products does not comply with the agreement, it must notify Cartello Wear at the moment of delivery, or at least immediately thereafter.
In the event that the products are reasonably invisible at the time of delivery, the buyer must inform the purchaser of this in writing within seven days after he has become aware of the existence of the defect, or at least reasonably could have been informed thereof. Cartello Wear.
If the buyer does not lodge a complaint in good time, no obligation will arise for Cartello Wear from such a buyer’s complaint.
Even if the buyer makes a complaint in good time, the buyer’s obligation to timely pay the amounts owed to Cartello Wear by virtue of the agreement remains.
By way of derogation from the provisions of paragraph 2, the right to institute a claim or defense in connection with the existence of a defect in respect of a consumer sale shall lapse if not within two months after the discovery of the defect by the consumer with Cartello Wear. is complained.
Cartello Wear delivers the products exclusively with warranty in so far as this is expressly stated by Cartello Wear, on the understanding that Cartello Wear in any case ensures that the products “………” and …… stood s3 “for a period of 12 months after delivery will be free of technical defects.
In the event that the buyer acts as reseller with regard to the ordered products in the context of the performance of his trade or business activities, the agreed warranty periods will not take effect until the buyer has sold the products to the end user, the issued purchase invoice is decisive for the start of the guarantee period. The aforementioned purchase invoice must be submitted to Cartello Wear in order to make any warranty claim valid.
A guarantee provided by Cartello Wear, manufacturer or importer does not affect the mandatory legal rights and claims that consumers can assert against Cartello Wear.
Any warranty on a product expires if a defect of the product is the result of an external cause or otherwise can not be attributed to Cartello Wear. This is understood to mean non-limitative, understood, defects as a result of damage, incorrect or improper handling, use in violation of the instructions for use or other instructions from or on behalf of Cartello Wear and repairs carried out without the prior written permission of Cartello Wear.
Products can never be returned without prior written permission from Cartello Wear. In case of a justified warranty claim, Cartello Wear is responsible for the free repair or replacement of the defective product.
The provisions of paragraphs 4 and 5 apply mutatis mutandis to any claims by the buyer on the basis of breach of contract, non-conformity or any other basis whatsoever.
RIGHT OF DISSOLUTION TO A REMOTE AGREEMENT
Subject to the provisions in the remainder of this article and the following article, the consumer can dissolve a distance contract up to 14 days after receipt of the products, without giving reasons wholly or in part.
The consumer who makes use of the right of dissolution can terminate the agreement remotely by submitting a request to Cartello Wear by e-mail or by using the model withdrawal form offered by Cartello Wear. As soon as possible after Cartello Wear has been informed of the intention of the consumer to terminate the contract remotely and if the conditions of this article are met, Cartello Wear will confirm the dissolution of the distance contract by e-mail.
During the period referred to in paragraph 1, the consumer must handle the products and the packaging with care. The consumer may only unpack and use the products to the extent necessary to assess the nature and characteristics of the products. The basic principle here is that the consumer may only handle and inspect the products as he would be allowed to do in a physical store.
If the consumer makes use of the right of dissolution, he will return the products undamaged, with all accessories and in the original condition and packaging to Cartello Wear.
The consumer is liable for the value reduction of the products resulting from a way of handling the products that goes further than allowed under paragraph 3. Cartello Wear is entitled to charge this consumer for the value and to set off against the the consumer receives payments.
Return of the products must take place within fourteen days after the consumer has submitted a request to Cartello Wear to dissolve the distance contract.
If the consumer makes use of the right of dissolution, the costs of returning the products are for his account.
Cartello Wear will refund the payments received from the consumer minus any reduction in value as soon as possible but no later than fourteen days after termination of the distance contract, provided that the products have been received by Cartello Wear, or has been shown by the consumer that the products have actually been returned. If the right of dissolution is only applied in respect of a part of the order, any delivery costs paid by the consumer in the first instance will not be eligible for a refund.
EXCLUSION OF THE RIGHT OF DISSOLUTION
The consumer has no right of dissolution with:
the supply of products that are unsuitable for return for reasons of health protection or hygiene and of which the seal was broken after delivery, as well as a “…….”, “…… .. stood s222” or other similar product use by the consumer or a third party for reasons of health protection or hygiene can not reasonably be taken back and can not reasonably be resold.
a distance contract for which the right of dissolution is otherwise excluded under Section 6.5.2B of the Dutch Civil Code.
SPECIAL OBLIGATIONS FOR RESELLERS
In the event that the products to be delivered by Cartello Wear are intended for resale by the buyer, resale to buyers of the buyer shall take place at the expense and risk of the buyer.
Any cooperation between the reseller and Cartello Wear is, unless expressly agreed otherwise, never exclusive; Cartello Wear is entitled to appoint multiple resellers without geographical restrictions.
Cartello Wear guarantees the buyer the consistent, agreed quality of the delivered products. The buyer who acts as the reseller of the products is, without prejudice to the provisions of article 6, responsible for the fulfillment of his legal obligations towards his final customers, such as the legal seller’s warranty towards consumers.
Cartello Wear grants the reseller the right to make use of the trademarks of Cartello Wear, but only to the extent and for as long as this is reasonably deemed permissible in the context of the performance of contracts and with due observance of any indications of Cartello Wear regarding to its use. Use of Cartello Wear’s trademarks other than those referred to in the previous sentence requires the express prior consent of Cartello Wear.
The buyer is not permitted to perform actions that infringe the trade name, brand name or other intellectual property rights of Cartello Wear.
The reseller is obliged to use the marks used by Cartello Wear in connection with the resale of the products. The purchaser is not allowed to remove any marks from the products or to change them, or to apply their own marks to the products after written permission from Cartello Wear.
Cartello Wear is not obliged to fulfill any obligation under the agreement if and for so long as it is prevented from doing so by a circumstance that can not be attributed to it pursuant to the law, a legal act or generally accepted views.
If the force majeure situation makes the fulfillment of the agreement permanently impossible, the parties are entitled to dissolve the agreement with immediate effect.
If Cartello Wear has already partially fulfilled its obligations at the onset of the force majeure situation, or can only partly fulfill its obligations, it is entitled to invoice separately the already executed part or executable part of the agreement as if there were independent agreement.
Damage as a result of force majeure is, without prejudice to the application of the previous paragraph, never eligible for compensation.
SUSPENSION AND DISSOLUTION
Cartello Wear is entitled, if the circumstances warrant, to suspend the execution of the agreement or to terminate the agreement with immediate effect in whole or in part, if and insofar as the buyer does not, not timely or not completely fulfill his obligations under the agreement. , or after the conclusion of the agreement Cartello Wear becomes aware of circumstances giving good ground to fear that the buyer will not fulfill his obligations.
If the buyer is in a state of bankruptcy, has applied for (provisional) suspension of payments, the Natural Persons Debt Reorganization Act has been declared applicable to him, any attachment has been imposed on his goods or in cases in which the buyer can not otherwise freely use his assets. Cartello Wear is entitled to terminate the agreement with immediate effect, unless the buyer has already provided sufficient security for the amounts due to Cartello Wear under the agreement.
In addition, Cartello Wear is entitled to dissolve the agreement if and in so far as circumstances arise which are of such a nature that performance of the agreement is impossible or unchanged maintenance thereof can not be reasonably demanded of it.
The buyer is never entitled to any form of compensation in connection with the suspension and termination right exercised by Cartello Wear under this article.
Insofar as this can be attributed to him, the buyer is obliged to compensate the damage that Cartello Wear suffers as a result of the suspension or dissolution of the agreement.
If Cartello Wear terminates the agreement pursuant to this article, all claims against the buyer will be immediately due and payable.
Unless expressly agreed otherwise, the buyer is obliged to pay in full the agreed price and any additional costs and Cartello Wear is not obliged to execute the agreement before the buyer owes the amount due to Cartello Wear pursuant to the agreement. amounts. In case of a consumer purchase, Cartello Wear will not oblige the consumer to pay in advance more than 50% of the purchase price, but if the consumer has opted for payment in advance Cartello Wear is also not obliged in that case to execute the agreement until the the consumer has paid the prepayment in full.
Payments must be made to one of the payment methods designated by Cartello Wear. In case transfer has been agreed, payments must be made within the period stated on the invoice, in the manner prescribed by Cartello Wear.
Cartello Wear is entitled to make the invoices due to the buyer available to him exclusively by e-mail.
In case of liquidation, bankruptcy, applicability of the Debt Reorganization Natural Persons or (provisional) suspension of payment of the buyer, the claims against the buyer are immediately due and payable.
If timely payment is not made, the purchaser’s default will take effect by operation of law. From the day that the purchaser’s default occurs, the buyer owes an interest of 1% per month on the outstanding amount, whereby a part of a month is regarded as a full month. Contrary to the previous sentence, instead of the contractual interest referred to there, the statutory interest applies if the buyer acts in the capacity of consumer.
All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain amounts owed by the buyer, are at the expense of the buyer.
LIABILITY AND INDEMNITY
Except for intent and deliberate recklessness of Cartello Wear, and subject to the provisions of articles 5 and 6, Cartello Wear is no longer liable for defects of the delivered goods after delivery of the products.
The buyer shall bear the damage caused by inaccuracies or omissions in the information provided by him, a shortcoming in the fulfillment of the obligations of the buyer arising from the law or the agreement, and another circumstance that can not be attributed to Cartello Wear.
Cartello Wear is never liable for consequential damage, including loss of profit, loss and damage as a result of business interruption.
The liability of Cartello Wear is limited to at most the invoice value of the agreement, at least to that part of the agreement to which the liability of Cartello Wear relates.
The limitation period for all claims and defenses against Cartello Wear is one year. By way of derogation from the previous sentence, claims and defenses arising from consumers based on facts that would justify the claim that a consumer purchase does not comply with the contract will expire after two years.
The buyer indemnifies Cartello Wear against any claims from third parties, who suffer damage in connection with the execution of the agreement and whose cause is attributable to others than Cartello Wear.
In the case of a consumer purchase, the restrictions in this article do not go beyond what is permitted pursuant to Section 7:24, paragraph 2 of the Dutch Civil Code.
All products delivered by Cartello Wear remain its property until the buyer has properly fulfilled all his obligations under the agreement.
It is the buyer, except insofar as this must be deemed permissible in the context of resale and thus its normal conduct of business, prohibited to sell, pledge or otherwise encumber the products on which the retention of title rests. In the event of sale and / or delivery by the reseller to third parties in the context of its normal business operations, as well as in the event of violation of the other provisions of this article, the purchase price will immediately become due and payable in full. In the event of a sale to third parties, the reseller is also obliged to stipulate a retention of title that is at least as far-reaching as the retention of title of this article, on the understanding that the third party may not be granted power to encumber or alienate. At the time of delivery to a third party, Cartello Wear acquires the claim (s) of the reseller from the third party with a non-possessory right of pledge, with the right to inform the third party and to claim and receive payment.
If third parties seize the products on which the retention of title rests, or want to establish or assert rights thereon, the buyer is obliged to inform Cartello Wear as soon as possible.
The buyer gives unconditional permission to Cartello Wear or third parties designated by Cartello Wear to enter all those places where the products on which the retention of title is located. Cartello Wear is entitled to take back the products referred to here if the purchaser fails to do so. All related reasonable costs will be borne by the buyer.
If the buyer, after the goods sold by Cartello Wear have been delivered to him, has fulfilled his obligations, the retention of title with regard to these items will revive if the buyer fails to fulfill his obligations under a later agreement.
Cartello Wear retains all rights of intellectual and industrial property with respect to the products and their designs, as well as to the brand names and images displayed on the website. The buyer is prohibited from reproducing these goods (or having them reproduced), reproducing them (or having them reproduced) or disclosing them or having them published in any other way than is required by the nature or purport of the agreement.
GENERAL COMPLAINT POLICY
It can always happen that something does not go entirely as intended. Complaints must (at first) be submitted to Cartello Wear by e-mail (email@example.com). Complaints submitted to Cartello Wear will be answered within a period of fourteen days after receipt. If a complaint requires a longer processing time, a response confirmation will be sent within the period of fourteen days and an indication of when the buyer can expect a more detailed answer.
If a complaint submitted by a consumer to Cartello Wear does not lead to a solution, then it is possible to register the dispute that has arisen for mediation via Stichting Webwinkel Keur via webwinkelkeur.nl/consument/geschil. It is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at ec.europa.eu/odr. If the consumer’s complaint is not dealt with elsewhere, the consumer is free to deposit his complaint via the ODR platform of the European Union.
The provisions of the previous two paragraphs of this article are without prejudice to the provisions in article 5 regarding complaint periods.
Dutch law is exclusively applicable to every agreement and all legal relationships arising from it.
The parties will not appeal to the court before they have done their best to settle the dispute in mutual consultation.
Insofar as the law does not deviate from this, only the competent judge within the district of the place of business of Cartello Wear is appointed to take legal action.