General Terms & Conditions Webshop

Article 1 - Definitions

The Dressroom, located in Enschede, Chamber of Commerce number 81236050, is referred to as the seller in these general terms and conditions. The counterparty of the seller is referred to as the buyer in these general terms and conditions. Parties refer to the seller and buyer together. The agreement refers to the sales agreement between the parties.

Article 2 - Applicability of general terms and conditions

These conditions apply to all quotes, offers, agreements, and deliveries of services or goods by or on behalf of the seller. Deviations from these conditions can only be agreed upon explicitly and in writing by the parties.

Article 3 - Payment

The full purchase price is always paid immediately in the webshop. In some cases, a deposit is expected for reservations. In that case, the buyer receives proof of the reservation and the advance payment. If the buyer does not pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend obligations until the buyer has fulfilled their payment obligation. If the buyer remains in default, the seller will proceed with collection. The costs related to that collection will be borne by the buyer. These collection costs are calculated according to the Decree on compensation for extrajudicial collection costs. In the event of liquidation, bankruptcy, seizure, or suspension of payment of the buyer, the seller's claims on the buyer are immediately due and payable. If the buyer refuses to cooperate with the execution of the order by the seller, they are still obliged to pay the agreed price to the seller.

Article 4 - Offers, quotes, and price

Offers are non-binding unless a period of acceptance is stated in the offer. If the offer is not accepted within that set period, the offer expires. Delivery times in quotes are indicative and give the buyer no right to dissolution or compensation if exceeded, unless explicitly and in writing agreed upon otherwise by the parties. Offers and quotes do not automatically apply to reorders. This must be explicitly and in writing agreed upon by the parties. The price mentioned in offers, quotes, and invoices consists of the purchase price including VAT and any other government levies.

Article 5 - Right of withdrawal

The consumer has the right to dissolve the agreement without stating reasons within 14 days after receiving the entire order. The period starts from the moment the consumer receives the entire order. There is no right of withdrawal when the products have been made according to the consumer's specifications or are clearly personal in nature or by their nature cannot be returned. The consumer can use a withdrawal form provided by the seller. The seller is obliged to make this available to the buyer immediately after the buyer's request. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all delivered accessories and, if reasonably possible, in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur. If a product is purchased in the store, there is also no right of withdrawal.

Article 6 - Amendment of the agreement

If it appears during the execution of the agreement that it is necessary to modify or supplement the work to be performed for its proper execution, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation. If the parties agree that the agreement is to be amended or supplemented, this may affect the completion time of the execution. The seller will inform the buyer of this as soon as possible. If the modification or supplement to the agreement has financial and/or qualitative consequences, the seller will inform the buyer about this in advance in writing. If a fixed price has been agreed upon, the seller will indicate to what extent the modification or supplement to the agreement results in an overrun of this price. Notwithstanding the provision in the third paragraph of this article, the seller may not charge additional costs if the modification or supplement is the result of circumstances that can be attributed to him.

Article 7 - Delivery and transfer of risk

As soon as the purchased goods are taken into possession by the buyer, the risk of the goods transfers from seller to buyer.

Article 8 - Inspection and complaints

The buyer is obliged to inspect the delivered goods at the moment of delivery, but in any case within as short a period as possible. In doing so, the buyer must check whether the quality and quantity of the delivered goods correspond to what was agreed, at least that the quality and quantity meet the requirements that are common in normal (commercial) transactions. Complaints regarding damages, shortages, or loss of delivered goods must be submitted in writing by the buyer to the seller within 10 working days after the day of delivery of the goods. If a complaint is justified within the stipulated period, the seller has the right to either repair, deliver again, or refrain from delivery and send the buyer a credit note for that part of the purchase price. Minor and/or industry-standard deviations and differences in quality, quantity, size, or finish cannot be opposed to the seller. Complaints about a specific product have no effect on other products or parts belonging to the same agreement. No complaints are accepted after the goods have been processed by the buyer.

Article 9 - Samples and models

If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the need for the goods to conform to it. This is different if the parties have explicitly agreed that the goods will conform to it. In agreements concerning an immovable property, the mention of the surface or other dimensions and indications is also presumed to be intended only as an indication, without the goods needing to conform to it.

Article 10 - Delivery

Delivery takes place 'ex factory/shop/warehouse'. This means that all costs are borne by the buyer. The buyer is obliged to take possession of the goods at the moment the seller delivers them or has them delivered, or at the moment when the goods are made available to him according to the agreement. If the buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the seller is entitled to store the goods at the expense and risk of the buyer. If the goods are delivered, the seller is entitled to charge any delivery costs. If the seller needs information from the buyer for the execution of the agreement, the delivery time starts after the buyer has made this information available to the seller. A delivery period specified by the seller is indicative. This is never a deadline. If the term is exceeded, the buyer must put the seller in default in writing. The seller is entitled to deliver the goods in parts unless the parties have agreed otherwise in writing or the partial delivery has no independent value. The seller is entitled to invoice these parts separately.

Article 11 - Force majeure

If the seller cannot, not timely, or not properly fulfill his obligations from the agreement due to force majeure, he is not liable for damages suffered by the buyer. Force majeure is understood by the parties to mean any circumstance that the seller could not have taken into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be demanded by the buyer, such as, for example, illness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, power failure, flood, earthquake, fire, company occupation, strikes, exclusion of workmen, changed government measures, transport difficulties, and other disruptions in the seller's company. Furthermore, force majeure is understood to mean the circumstance that supply companies on which the seller depends for the execution of the agreement do not fulfill their contractual obligations towards the seller, unless this can be attributed to the seller. If a situation as referred to above occurs as a result of which the seller cannot fulfill his obligations towards the buyer, those obligations will be suspended as long as the seller cannot meet his obligations. If the situation mentioned in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part. In the event the force majeure lasts longer than three months, the buyer has the right to terminate the agreement with immediate effect. Termination can only be done via a registered letter.

Article 12 - Transfer of rights

Rights of a party from this agreement cannot be transferred without the prior written consent of the other party. This provision is considered a stipulation with property law effects as referred to in article 3:83, second paragraph, of the Dutch Civil Code.

Article 13 - Reservation of ownership and right of retention

The goods present at the seller's location and the goods and parts delivered remain the property of the seller until the buyer has paid the full agreed price. Until that time, the seller can invoke his retention of title and take back the goods. If the agreed advance payments are not paid or not paid on time, the seller has the right to suspend the work until the agreed part has been paid. In that case, there is a creditor's default. A delayed delivery in such a case cannot be opposed to the seller. The seller is not authorized to pledge or otherwise encumber the goods subject to his retention of title. The seller undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as theft and to make the policy of this insurance available for inspection at the first request. If goods have not yet been delivered but the agreed advance payment or price has not been paid according to the agreement, the seller has the right of retention. The thing is then not delivered until the buyer has paid in full and in accordance with the agreement. In case of liquidation, insolvency, or suspension of payment of the buyer, the obligations of the buyer are immediately due and payable.

Article 14 - Liability

Any liability for damage arising from or related to the execution of an agreement is always limited to the amount that is paid out in the relevant case by the closed liability insurance(s). This amount is increased by the amount of the deductible according to the relevant policy. Not excluded is the liability of the seller for damage resulting from intent or deliberate recklessness of the seller or his managing subordinates.

Article 15 - Complaint obligation

The buyer is obliged to report complaints about the work performed immediately to the seller. The complaint contains as detailed a description as possible of the shortcoming, so that the seller is able to respond adequately. If a complaint is well-founded, the seller is obliged to either repair or replace the good.

Article 16 - Guarantees

If guarantees are included in the agreement, the following applies. The seller guarantees that the sold goods conform to the agreement, that it will function without defects, and that it is suitable for the use that the buyer intends to make of it. This guarantee applies for a period of two calendar years after receipt of the sold by the buyer. The intended guarantee aims to bring about such a risk distribution between seller and buyer that the consequences of a breach of a guarantee are always fully for the account and risk of the seller and that the seller can never invoke article 6:75 of the Dutch Civil Code in case of a breach of a guarantee. The provision in the previous sentence also applies if the breach was known to the buyer or could have been known by conducting research. The mentioned guarantee does not apply when the defect has arisen as a result of injudicious or improper use or when, without permission, the buyer or third parties have made changes or tried to make changes or used the purchased goods for purposes for which it is not intended. If the guarantee provided by the seller relates to a product that was produced by a third party, the guarantee is limited to the guarantee provided by that producer.

Article 17 - Intellectual property

The Dressroom retains all intellectual property rights (including copyright, patent right, trademark right, drawings, and models right, etc.) on all products, designs, drawings, writings, data carriers, or other information, quotations, images, sketches, models, maquettes, etc., unless parties have agreed otherwise in writing. The customer may not copy, show to third parties and/or make available, or use in any other way the intellectual property rights mentioned without the prior written consent of The Dressroom.

Article 18 - Modification of general terms and conditions

The Dressroom is entitled to modify or supplement these general terms and conditions. Changes of minor importance can be made at any time. Major substantive changes will be discussed as much as possible in advance with the customer. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.

Article 19 - Applicable law and competent court

Dutch law exclusively applies to every agreement between the parties. The Dutch court in the district where The Dressroom is located has exclusive jurisdiction to hear any disputes between the parties unless the law prescribes otherwise mandatorily. The applicability of the Vienna Sales Convention is excluded. When in a judicial procedure one or more provisions of these general terms and conditions are considered unreasonably onerous, the remaining provisions will remain in full force and effect.

Article 20 - Attribution

These general terms and conditions were created using Rocket Lawyer(https://www.rocketlawyer.com/nl/nl). These general terms and conditions have been applicable since: October 19, 2023