Dare to Wear Dutch – Survival Dutch 2018
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Agreement: means an agreement (including an electronic distance agreement) entered into by and between Survival Dutch and the Consumer, pursuant to which one or more Products are sold to the Consumer.
- Consumer: means the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- General Terms and Conditions: means these general terms and conditions of Survival Dutch.
- Day: means a calendar day.
- Products: means clothing, bags, shoes, hats and any other retail related products that Survival Dutch, from time to time, sells on its website: www.survival-dutch.nl.
- Survival Dutch: means a Dutch company, registered with the Dutch Chamber of Commerce under number 70999147.
Article 2 – General
- These General Terms and Conditions are applicable to each offer of Survival Dutch with respect to a Product such as published on the website of Survival Dutch or on the Instagram page of Survival Dutch, and each concluded Agreement.
- Stipulations that deviate from these General Terms and Conditions will only be effective if these have been accepted in writing. If anything explicitly stated on the website and confirmed per email to the Consumer by Survival Dutch as part of an Agreement, deviates from the stipulations in these General Terms and Conditions, then whatever is confirmed by Survival Dutch to the Consumer per email shall apply.
- Annulment or invalidity of one or more of the stipulations of these General Terms and Conditions is without prejudice to the validity of the other stipulations. Where appropriate, parties are obliged to enter into mutual consultation in order to reach agreement about a replacing arrangement regarding the affected stipulation. In such case the purpose and the scope of the original stipulations will be preserved as much as possible.
- Survival Dutch reserves the right to unilaterally modify or complement these General Terms and Conditions. Minor amendments can be made at any time. Substantial modifications will be clearly communicated to the Consumer and will create a right for the Consumer to reject the modification or dissolve the Agreement on the basis of such modification.
- Dissolution of the Agreement on the grounds of the modified general terms and conditions is possible if the modification is unreasonably onerous or if the contents of the Agreement change substantially, leading to the conclusion that the Consumer would not have concluded the Agreement, had they been aware of this modification.
Article 3 – The offer
- Each offer of Survival Dutch is non-binding and is under the precondition of availability of the Products.
- The Consumer can derive no rights from an offer of Survival Dutch containing an obvious error or mistake.
- Notwithstanding the stipulations in section 1, the Agreement is concluded when Survival Dutch has confirmed the order per email to the Consumer.
Article 4 – Right of Withdrawal
- Subject to the stipulations, the Consumer can revoke the Agreement in whole or in part, up to 14 Days after the Day the Product(s) has/have been received by or on behalf of him of her, without giving any reason.
- In case the delivery consists of multiple Products that are delivered at different moments, the Consumer can revoke the Agreement in whole or in part, up to 14 Days after the Day that the last Product has been received by or on behalf of him of her, without giving any reason.
- The Consumer has no right of withdrawal in case of:
- the delivery of Products that are not suitable for return due to health protection or hygiene reasons which were unsealed after delivery;
- an Agreement for which the right of withdrawal is otherwise excluded on the basis of Section 6.5.2B of the Dutch Civil Code.
- The Consumer exercising his right of withdrawal, may revoke the Agreement by submitting a request thereto to Survival Dutch by email to email@example.com. Survival Dutch shall confirm the termination of the Agreement per email at the earliest after notification of the Consumer exercising his or her right of withdrawal, provided that the terms and conditions of this article 4 are met.
- During the term as referred to in section 1 and 2, the Products to be returned and their packaging should be handled with care. The Consumer may handle and inspect those Products only to the extent required to establish the nature and characteristics of the Products. As a basic principle, the Products may only be handled and inspected compared to as it would be allowed in a physical shop.
- When the Consumer exercises his right of withdrawal, he shall return the Products to Survival Dutch undamaged and in their original state, including all delivered accessories and in their original packaging and in conformity with reasonable and clear instructions given by Survival Dutch.
- The address where the Products shall be returned to is: Paviljoensgracht 2, 2512 BP, Den Haag.
- The Consumer shall be liable for any diminished value of the Products resulting from the handling of the Products that goes beyond handling as mentioned under this article 4. Survival Dutch is authorised to charge the Consumer for this diminished value, by deducting this amount from the payments already received from the Consumer or otherwise.
- The Consumer shall send back the Products not later than 14 Days from the day on which he has communicated his decision to withdraw from the Agreement in accordance with this article 4.
- Any possible shipping costs associated with returning the Products shall be for the account of the Consumer invoking his right of withdrawal.
- Survival Dutch shall reimburse all payments received from the Consumer, by using the same means of payment as the relevant Consumer used, minus any diminished value, without undue delay, in any event not later than 14 Days after receiving the Consumer’s decision to withdraw, provided that Survival Dutch has received the Products back, or if the Consumer has supplied evidence of having sent back the Products.
- If the Consumer exercises his right of withdrawal in respect of the whole Agreement, all additional agreements, if any end by operation of law (van rechtswege).
- If the right of withdrawal was invoked for a part of the Agreement only, then any delivery costs paid by the Consumer in first instance are not eligible for a refund.
- Survival Dutch is not obliged to reimburse any additional costs, if the Consumer has explicitly chosen for a delivery type other than the least expensive standard delivery as offered by Survival Dutch.
- The sale has become final when, after expiry of the term as mentioned in section 1, the Consumer has not expressed his will to exercise his right of withdrawal or has not returned the product to Survival Dutch.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
Article 5 – Prices, Costs & Payments
- In case of delivery, shipment and handing costs apply, as stated on the website of Survival Dutch. Before conclusion of the Agreement, the total price will be specified, inclusive of VAT and additional costs.
- Payments must take place in a method approved by Survival Dutch.
- In case after payment is agreed, Survival Dutch is not required to execute the Agreement sooner than after the Consumer has settled the amounts due to Survival Dutch on the basis of the Agreement.
- If timely payment is not effected, the Consumer shall be in default automatically. The Consumer is required to pay the statutory interest rate applicable at that time on the outstanding amount, from the day the Consumer is in default.
- All reasonable costs made for obtaining the amounts due by the Consumer, such as in-court, extra-judicial and execution costs, are for the Consumer’s account, all in accordance with Dutch Law on Collection fees.
Article 6. – Conformity
- Survival Dutch warrants that the Products are in compliance with the Agreement, and thus possess those characteristics required for normal use thereof (conformity). Although certain Products are subject to an explicitly mentioned warranty period, any warranty provided by Survival Dutch, the manufacturer or importer does not negatively affect the mandatory legal rights and claims of the Consumer vis-à-vis Survival Dutch.
- The Consumer forfeits its right to instigate a claim or defence in connection with the existence of a defective consumer purchase, if he did not file his claim with Survival Dutch, within two months after discovery of the defect by him.
- No grounds for claims on warranty or non-conformity are: defects in Products because of an external cause or another cause not attributable to Survival Dutch. This includes, without limitation, defects because of damaging, incorrect or inexpert treatment and use in violation of any user manuals or other directions of Survival Dutch.
- Products can never be returned without prior written permission of Survival Dutch, except in the situation as mentioned under article 4.
Article 7 – Delivery of the Products
- Delivery of the Products takes place by shipment thereof to the delivery address or pick-up point stated by the Consumer, unless explicitly agreed that the products shall be collected at the location of Survival Dutch.
- Survival Dutch reserves the right to deliver orders in parts. In case the Products are to be collected by the Consumer, the Consumer will be notified explicitly in advance of such partial delivery. In case an order is delivered in parts, the Consumer’s withdrawal period as referred to in article 4, will commence at the moment the last part of the order has been delivered and taken in receipt by or on behalf of the Consumer.
- The risk of loss and damaging of the Products is transferred onto the Consumer the moment the Products have been taken in receipt by or on behalf of the Consumer.
- Survival Dutch strives to execute accepted orders with convenient speed but at least within 7 Days after the date of the order, unless another delivery period was agreed on. However, all stated and agreed delivery periods solely represent indicative, non-fatal terms.
- In case of a (foreseeable) delayed delivery, Survival Dutch makes an effort to notify the Consumer thereof as soon as possible per email. Survival Dutch will not be in default sooner than after the Consumer has notified Survival Dutch of its default in writing, stating a reasonable term during which Survival Dutch is granted the possibility to comply with its obligation to deliver, and when Survival Dutch still has not complied after the expiry of the term last referred to.
- Upon overrun of the agreed delivery period, the Consumer is never authorised to refuse receipt of the Products to be delivered and/or not meet their other obligations arising from the Agreement. Overrun of the agreed delivery period does not create a right to compensation of damages for the Consumer.
- If, as a consequence of a circumstance imputable to the Consumer, additional expenses are made by Survival Dutch, for instance in connection with multiple delivery attempts, then these additional expenses will be for the account of the Consumer.
- If an order is not accepted by or on behalf of the Consumer, and returned to Survival Dutch for instance because the order is sent back from the mail order company or pick-up point, and the Consumer did not make a valid claim of withdrawal as referred to in article 4, then this authorises Survival Dutch to dissolve the Agreement, in which case solely the sales price of the Products shall be refunded, excluding the incurred delivery expenses.
Article 8 – Liability and Safeguard
- The Consumer bears the damages caused by incorrect or incomplete information provided by the Consumer, expressly including information regarding the delivery address or pick-up point. Furthermore, the Consumer bears damages caused by a deficiency in meeting his lawful obligations deriving from the law or the Agreement, as well as another circumstance that cannot be imputed to Survival Dutch.
- Additional costs deriving from the Consumer providing incorrect or incomplete information with regard to the delivery address or pick-up point, when it is no longer reasonably possible to repair this situation (at the Consumers initiative), are for the account of the Consumer.
- It is the Consumer’s own responsibility to examine whether the Products are suitable for the Consumer’s proposed use. Survival Dutch is never liable for damages arising from use of the Products in violation of any accompanying user manuals.
- Liability of Survival Dutch is limited to the value of the invoice of the Agreement, at least to that part of the Agreement to which the liability of Survival Dutch applies. This limitation does not go beyond what is permitted under article 7:24 section 2 of the Dutch Civil Code.
- The Consumer indemnifies Survival Dutch from any claims of third parties suffering damages in connection with the execution of the Agreement, the cause of which is attributable to parties other than Survival Dutch.
- The limitations of liability as stated in these General Terms and Conditions do not apply if damage is caused due to willful intent or conscious recklessness by Survival Dutch.
Article 9 – Complaints procedure
- Complaints regarding the execution of the Agreement must be submitted within reasonable time after discovery of the defects by the Consumer. Complaints shall be fully and clearly described and submitted per email (firstname.lastname@example.org), or otherwise in writing, to Survival Dutch.
- Complaints submitted to Survival Dutch will be answered within a period of 14 Days after receipt thereof. If a complaint or question requires additional handling time, Survival Dutch shall provide a confirmation of receipt within the term of 14 Days, accompanied by an indication of when the Consumer can expect a more extensive answer.
- If the complaint cannot be resolved in mutual consultation, then the Consumer can present the dispute to the complaints committee via the European ODR-platform (ec.europa.eu/consumers/odr/).
Article 10 – Force Majeure (Overmacht)
- Survival Dutch is not required to fulfil any obligations from the Agreement if and for as long as it will be hindered thereto by a circumstance that cannot be imputed to it on the basis of the law, a legal act or current views in civil society.
- Parties are authorised to dissolve the Agreement with immediate effect if a force majeure event makes it permanently impossible to fulfil the obligations of the Agreement.
- If Survival Dutch at the emergence of a force majeure event has already partially fulfilled its obligations, or can only partially fulfil its obligations, it will be authorised to invoice the part already executed, respectively executable part of the Agreement separately, as if it were an autonomous agreement.
- Damages resulting from a force majeure event are, notwithstanding the previous section, never eligible for compensation.
Article 11 – Intellectual Property
- Survival Dutch reserves all intellectual property rights with regard to the Products, as well as to their trademarks, logos and to the texts, image materials and other content represented on her website as well as other content of whichever nature.
- The Consumer is forbidden to (have) multiply, to (have) copy, to (have) reproduce, to (have) register or to (have) disclose or distribute these Products or to use in whichever manner other than deriving from the nature or scope of the Agreement or the normal use of the website.
- A violation imputable to the Consumer of the stipulations in the previous section gives Survival Dutch the right to claim immediate undoing of the infringement, as well as to claim a compensation of damages to be established on the basis of the nature and scope of the infringement.
Article 12 – Final stipulations
- Each agreement, including the Agreement, between Survival Dutch and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
- All Products delivered by Survival Dutch to the Consumer shall remain property of Survival Dutch until the Consumer has fulfilled all of their payment obligations under the Agreement.
- The Consumer and Survival Dutch shall not sooner turn to the courts than after they have made an optimum effort, to resolve the dispute in mutual consultation.