General terms and conditions
General Terms and Conditions DT-Ecommerce Email: info@postuurkleding.nl Website: www.postuurkleding.nl
Article 1 - Definitions
DT-Ecommerce: Postuurkleding, located in Musselkanaal, Chamber of Commerce number 89634993. (Note; this is NOT a visiting address. And not an address where goods can be picked up. No customers or similar are assisted here)
Customer: The person with whom Postuurkleding has entered into an agreement.
Parties: Postuurkleding, part of DT-Ecommerce and Customer together.
Consumer: A Customer who is also an individual and acts as a private person.
Article 2 - Applicability
These terms and conditions apply to all quotes, offers, work, orders, agreements, and deliveries of services or products by or on behalf of DT-Ecommerce. DT-Ecommerce and the Customer can only deviate from these terms if agreed in writing. DT-Ecommerce and the Customer explicitly exclude the applicability of the general terms and conditions of the Customer or others.
Article 3 - Prices
DT-Ecommerce applies prices in euros, including VAT and excluding any additional costs such as administration or shipping costs, unless otherwise agreed in writing. DT-Ecommerce may change the prices of its services and products on its website and in other communications at any time. Increases in the cost prices of products or parts thereof, which DT-Ecommerce could not foresee at the time of making the offer or entering into the agreement, may lead to price increases. The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a legal regulation.
Article 4 - Samples and Models
When the Customer has received a sample or model of a product, they cannot derive any other rights from it than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond with the sample or model.
Article 5 - Payments and Payment Term
DT-Ecommerce may require a deposit of up to 50% of the agreed amount when entering into the agreement. The Customer must make a payment within 14 days after delivery. The payment terms that DT-Ecommerce applies are strict payment deadlines. This means that if the Customer has not paid the agreed amount by the last day of the payment term, they are automatically in default and in breach, without DT-Ecommerce needing to send a reminder or declare them in default. DT-Ecommerce may make delivery conditional on immediate payment or require a guarantee for the total amount of the services or products.
Article 6 - Consequences of Late Payment
If the Customer does not pay within the agreed period, DT-Ecommerce may charge statutory interest per month for non-commercial transactions and statutory interest per month for commercial transactions from the day the Customer is in default, with a portion of a month being counted as a whole month. When the Customer is in default, they must also pay extrajudicial collection costs and any compensation to DT-Ecommerce. The collection costs are calculated based on the Decree on compensation for extrajudicial collection costs. If the Customer does not pay on time, DT-Ecommerce may suspend its obligations until the Customer has paid. In the event of liquidation, bankruptcy, seizure, or suspension of payment on the part of the Customer, DT-Ecommerce's claims against the Customer become immediately due. If the Customer refuses to cooperate with the execution of the agreement by DT-Ecommerce, they must still pay the agreed price.
Article 7 - Right of Reclamation
When the Customer is in default, DT-Ecommerce may invoke the right of reclamation regarding the unpaid products delivered to the Customer. DT-Ecommerce exercises its right of reclamation by means of a written or electronic notification to the Customer. Once the Customer has been informed of the invoked right of reclamation, the Customer must immediately return the relevant products to DT-Ecommerce, unless otherwise agreed in writing. The Customer pays the costs for retrieving or returning the products in paragraph 3.
Article 8 - Right of Withdrawal
A consumer may cancel an online purchase within 14 days of purchase without giving a reason. This right of withdrawal does not apply when:
The product has been used.
It is a product that can spoil quickly, such as food or flowers.
It is a product that has been specially made or customized for the consumer.
It is a product that cannot be returned for hygienic reasons, such as underwear or swimwear.
The seal is not intact when it comes to data carriers with digital content, such as DVDs or CDs.
The product or service concerns accommodation, a trip, a restaurant business, transportation, a catering assignment, or a form of leisure activity.
The product is a single magazine or single newspaper.
The consumer has waived their right of withdrawal.
The reflection period of 14 days in paragraph 1 begins:
On the day after the consumer has received the last product or part of one order.
As soon as the consumer has confirmed that they will be purchasing digital content via the internet.
The consumer can exercise their reflection period by sending an email with that subject to info@postuurkleding.nl, possibly using the withdrawal form available on the DT-Ecommerce website, www.postuurkleding.nl. The consumer must return the product to DT-Ecommerce within 14 days after sending the email in paragraph 3. If the consumer does not return the product within 14 days after notifying their right of withdrawal, their right of withdrawal will expire.
Article 9 - Refund of Delivery Costs
When the consumer has timely revoked their purchase and returned the entire order to DT-Ecommerce on time, DT-Ecommerce will refund any shipping costs paid by the consumer within 14 days after receiving the timely fully returned order. Delivery costs will only be borne by DT-Ecommerce to the extent that the entire order is returned.
Article 10 - Refund of Return Costs
If the consumer invokes their right of withdrawal and returns the entire order on time, the consumer will bear the costs for that.
Article 11 - Right of Suspension
Unless the Customer is a consumer, they hereby waive the right to suspend the performance of any obligation arising from this agreement.
Article 12 - Right of Retention
DT-Ecommerce may exercise its right of retention and in that case retain products from the Customer until the Customer has paid all outstanding accounts of DT-Ecommerce, unless the Customer has provided sufficient security for those costs. The right of retention also applies based on previous agreements for which the Customer still owes money to DT-Ecommerce. DT-Ecommerce is not liable for any damage the Customer suffers due to the exercise of its right of retention.
Article 13 - Offsetting
Unless the Customer is a consumer, they waive their right to offset a debt to DT-Ecommerce with a claim against DT-Ecommerce.
Article 14 - Retention of Title
DT-Ecommerce remains the owner of all delivered products until the Customer has paid all outstanding invoices from DT-Ecommerce related to an underlying agreement, including claims due to non-compliance. Until that time in paragraph 1, DT-Ecommerce may exercise its retention of title and reclaim the goods. Before ownership has transferred to the Customer, the Customer may not pledge, sell, alienate, or otherwise encumber the products. When DT-Ecommerce exercises its retention of title, the agreement is canceled, and DT-Ecommerce may claim damages, lost profits, and interest from the Customer.
Article 15 - Delivery
Delivery takes place while stocks last. Delivery takes place at DT-Ecommerce, unless otherwise agreed. Delivery of online ordered products takes place at the address specified by the Customer. If the Customer does not pay the agreed amounts or does not pay on time, DT-Ecommerce may suspend its obligations until the Customer pays. In case of late payment, there is a case of creditor default, meaning the Customer cannot hold DT-Ecommerce responsible for a delayed delivery.
Article 16 - Delivery Time
The delivery times of DT-Ecommerce are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing. The delivery time starts when the Customer has fully completed the ordering process and has received confirmation from DT-Ecommerce.
compensation and may not cancel the agreement when DT-Ecommerce delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if DT-Ecommerce cannot deliver within 14 days after being formally requested in writing, or if the Customer and DT-Ecommerce have agreed otherwise.
Article 17 - Actual Delivery
The Customer must ensure that the actual delivery of their ordered products can take place on time.
Article 18 - Transport Costs
The Customer pays the transport costs, unless the Customer and DT-Ecommerce have agreed otherwise in writing.
Article 19 - Packaging and Shipping
If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer does not do this, they cannot hold DT-Ecommerce liable for any damage. If the Customer arranges the transport of a product themselves, they must report any visible damage to products or packaging prior to transport to DT-Ecommerce. If the Customer does not do this, they cannot hold DT-Ecommerce liable for any damage.
Article 20 - Storage
If the Customer takes ordered products later than the agreed delivery date, the risk of any quality loss is entirely on the Customer. Any additional costs resulting from early or late acceptance of products are entirely the Customer's responsibility.
Article 21 - Warranty
The warranty on products only applies to defects caused by faulty manufacturing or construction or defective materials. The warranty does not apply:
In the case of normal wear and tear.
For damage caused by accidents.
For damage caused by modifications made to the product.
For damage due to negligence or improper use by the Customer.
When the cause of the defect cannot be clearly established.
The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties transfers to the Customer at the moment they are legally and/or factually delivered, or at least come into the possession of the Customer or a third party who receives the product on behalf of the Customer.
Article 22 - Exchanges
The Customer may exchange a purchased item. The following conditions apply:
Exchanges take place within 14 days of purchase, during which the Customer can show the original invoice.
The product is returned in its original packaging and with the attached original price tag.
The product has not been used yet.
Discounted items, perishable products, custom-made items, or specially adapted items for the Customer, and some products are excluded from return due to hygiene. This only applies when the seal has been broken or the product has been used. cannot be exchanged.
Article 23 - Indemnity
The Customer indemnifies DT-Ecommerce against all claims from others related to the products and/or services supplied by DT-Ecommerce.
Article 24 - Complaints
The Customer must examine a product supplied by DT-Ecommerce or a service provided as soon as possible for any shortcomings. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must notify DT-Ecommerce within 1 month of identifying the shortcoming. A consumer must notify DT-Ecommerce no later than 2 months after identifying the shortcoming. The Customer should provide as detailed a description of the shortcoming as possible so that DT-Ecommerce can respond appropriately. The Customer must demonstrate that the complaint relates to an agreement between the Customer and DT-Ecommerce. When a complaint concerns ongoing work, the Customer cannot demand that DT-Ecommerce perform other work than what was agreed upon.
Article 25 - Notification of Default
The Customer must notify DT-Ecommerce of any default in writing. The Customer is responsible for ensuring that its notification of default actually reaches DT-Ecommerce on time.
Article 26 - Liability of Customer
When DT-Ecommerce enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the agreements in that agreement.
Article 27 - Liability of DT-Ecommerce
DT-Ecommerce is only liable for damages suffered by the Customer when such damages are caused by intent or willful recklessness. When DT-Ecommerce is liable for damages, it is only for direct damages related to the execution of an underlying agreement. DT-Ecommerce is not liable for indirect damages, such as consequential damages, lost profits, or damages to third parties. When DT-Ecommerce is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance. If no insurance is taken out or no damage amount is paid, the liability is limited to the (part of the) invoice amount to which the liability relates. All images, photos, colors, drawings, descriptions on the website or in a catalog are for indicative purposes only and cannot lead to any compensation, termination, or suspension.
Article 28 - Limitation Period
Any right of the Customer to compensation from DT-Ecommerce expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Article 29 - Termination
The Customer may cancel the agreement when DT-Ecommerce is in default of its obligations, unless this default does not justify termination due to its special nature or minor significance. If the fulfillment of the obligations by DT-Ecommerce is still possible, termination can only take place after DT-Ecommerce is in default. DT-Ecommerce may cancel the agreement with the Customer when the Customer does not fully or timely fulfill its obligations, or when DT-Ecommerce becomes aware of circumstances that give it good reason to believe that the Customer will not fulfill its obligations.
Article 30 - Force Majeure
In addition to Article 6:75 of the Civil Code, it is stated that a shortcoming of DT-Ecommerce cannot be attributed to DT-Ecommerce by the Customer when there is a case of force majeure. The force majeure situation in paragraph 1 includes, among other things:
An emergency such as a civil war or natural disaster.
Non-performance or force majeure of suppliers, couriers, or others.
Power, electricity, internet, computer, or telecom failures.
Computer viruses.
Strikes.
Government measures.
Transportation problems.
Bad weather conditions.
Work interruptions.
In the event of a force majeure situation that prevents DT-Ecommerce from fulfilling one or more obligations to the Customer, those obligations will be suspended until DT-Ecommerce can fulfill them. From the moment a force majeure situation has lasted at least 30 calendar days, both the Customer and DT-Ecommerce may terminate the agreement in whole or in part in writing. DT-Ecommerce is not required to pay compensation to the Customer in a force majeure situation, even if DT-Ecommerce benefits from it.
Article 31 - Amendment of Agreement
When it is necessary to modify a closed agreement for its execution, the Customer and DT-Ecommerce can adjust the agreement.
Article 32 - Amendment of General Terms and Conditions
DT-Ecommerce may amend these general terms and conditions. DT-Ecommerce may always implement changes of a minor nature. DT-Ecommerce will discuss significant changes with the Customer as much as possible in advance. A consumer may terminate the underlying agreement in the event of a significant change to the general terms and conditions.
Article 33 - Transfer of Rights
The Customer may not transfer any rights from an agreement with DT-Ecommerce to others without the written consent of DT-Ecommerce. This provision applies as a condition with property law effect as stated in Article 3:83 paragraph 2 of the Civil Code.
Article 34 - Consequences of Nullity or Voidability
If one or more provisions of these general terms and conditions are found to be void or voidable, this will not affect the other provisions of these terms.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what DT-Ecommerce had in mind when drafting the terms at that point.
Article 35 - Applicable Law and Competent Court
Dutch law applies to these general terms and conditions. The court in the district of the registered office of DT-Ecommerce has exclusive jurisdiction to hear any disputes between the Customer and DT-Ecommerce, unless the law provides otherwise.