General Terms and Conditions Decroix Vêtements

Email: info@decroix.nl
Website: www.decroix.nl

Article 1 - Definitions

1. Decroix Vetements: Decroix Vêtements, located in Bergeijk, Netherlands, Chamber of Commerce number 93945930.
2. Customer: the party with whom Decroix Vetements has entered into an agreement.
3. Parties: Decroix Vetements and Customer together.
4. Consumer: a Customer who is also an individual and acts as a private person.

Article 2 - Applicability

1. These conditions apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Decroix Vetements.
2. Decroix Vetements and the Customer can only deviate from these conditions if agreed upon in writing.
3. Decroix Vetements and the Customer expressly exclude the applicability of the Customer's general terms and conditions or others.

Article 3 - Prices

1. Decroix Vetements uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless agreed otherwise in writing.
2. Decroix Vetements may change the prices of its services and products on its website and in other communications at any time.
3. Increases in the costs of products or parts thereof that Decroix Vetements could not foresee at the time of the offer or the conclusion of the agreement may lead to price increases.
4. 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

1. If the Customer has received a sample or model of a product, he cannot derive any other rights from it than that it is an indication of the nature of the product, unless agreed otherwise in writing.

Article 5 - Payments and Payment Term

1. Decroix Vetements may request an advance payment of up to 50% of the agreed amount when entering into the agreement.
2. The Customer must have made a payment within 14 days after delivery.
3. The payment terms set by Decroix Vetements are strict deadlines. This means that if the Customer has not paid the agreed amount by the last day of the payment term, he is automatically in default, without Decroix Vetements having to send a reminder or put the Customer in default.
4. Decroix Vetements may make delivery dependent on immediate payment or demand security for the total amount of services or products.

Article 6 - Consequences of Late Payment

1. If the Customer does not pay within the agreed period, Decroix Vetements may charge the legal interest of 2% per month for non-commercial transactions and 8% per month for commercial transactions from the day the Customer is in default, with a part of a month counted as a whole month.
2. When the Customer is in default, he must also pay extrajudicial collection costs and any compensation to Decroix Vetements.
3. The collection costs are calculated in accordance with the Extrajudicial Collection Costs Decree.
4. If the Customer does not pay on time, Decroix Vetements may suspend its obligations until the Customer has paid.
5. In case of liquidation, bankruptcy, attachment, or suspension of payment on the part of the Customer, Decroix Vetements' claims against the Customer are immediately due and payable.
6. If the Customer refuses to cooperate in the execution of the agreement by Decroix Vetements, he must still pay the agreed price.

Article 7 - Right of Reclamation

1. If the Customer is in default, Decroix Vetements may invoke the right of reclamation regarding the unpaid products delivered to the Customer.
2. Decroix Vetements exercises its right of reclamation by written or electronic communication to the Customer.
3. Once the Customer has been informed of the invoked right of reclamation, the Customer must immediately return the relevant products to Decroix Vetements, unless agreed otherwise in writing.
4. The Customer pays the costs for retrieving or delivering the products in paragraph 3.

Article 8 - Right of Withdrawal

1. A consumer may cancel an online purchase within 14 days of purchase without stating a reason. This right of withdrawal does not apply when:
   • the product has been used
   • it is a product that can quickly spoil, such as food or flowers
   • it is a product that is specially made or adapted for the consumer
   • it is a product that cannot be returned for hygienic reasons, such as underwear or swimwear
   • the seal is not intact, in the case of data carriers with digital content, such as DVDs or CDs
   • the product or service concerns accommodation, travel, a restaurant business, transportation, a catering assignment, or a form of leisure activity
   • the product is a separate magazine or newspaper
   • the consumer has waived his right of withdrawal
2. The withdrawal period of 14 days in paragraph 1 begins:
   • on the day after the consumer has received the last product or part of 1 order
   • as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can use his withdrawal period by sending an email with that subject to info@decroix.nl, optionally using the withdrawal form available on the Decroix Vetements website, www.decroix.nl.
4. The consumer must return the product to Decroix Vetements within 14 days after notifying his right of withdrawal, failing which his right of withdrawal will lapse.

Article 9 - Compensation for Delivery Costs

1. If the consumer has timely revoked his purchase and returned the entire order to Decroix Vetements on time, Decroix Vetements will refund any shipping costs paid by the consumer within 14 days after receiving the timely fully returned order.
2. The costs of delivery are only borne by Decroix Vetements if the entire order is returned.

Article 10 - Compensation for Return Costs

1. If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer pays the costs for that.

Article 11 - Right to Suspend

1. Unless the Customer is a consumer, he hereby waives the right to suspend the performance of any obligation arising from this agreement.

Article 12 - Retention of Title

1. Decroix Vetements can exercise its right of retention and, in that case, keep the Customer's products until the Customer has paid all outstanding invoices from Decroix Vetements, unless the Customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements for which the Customer still owes money to Decroix Vetements.
3. Decroix Vetements is not liable for any damage that the Customer may suffer due to the use of its right of retention.

Article 13 - Set-off

1. Unless the Customer is a consumer, he waives his right to set off a debt to Decroix Vetements against a claim on Decroix Vetements.

Article 14 - Reservation of Ownership

1. Decroix Vetements remains the owner of all delivered products until the Customer has fulfilled all its payment obligations.

Article 15 - Liability

1. If Decroix Vetements is liable, this liability is limited to what is regulated in this provision.
2. Decroix Vetements is not liable for damage of any nature whatsoever caused by Decroix Vetements basing its actions on incorrect and/or incomplete information provided by the Customer.
3. If Decroix Vetements is liable for any damage, the liability is limited to the invoice amount paid by the Customer.

Article 16 - Force Majeure

1. In the event of force majeure, Decroix Vetements is not obliged to fulfill its obligations towards the Customer.
2. During the period of force majeure, the obligations of Decroix Vetements are suspended.
3. If the force majeure lasts longer than 2 months, both Parties are entitled to dissolve the agreement without any obligation to pay compensation to the other Party.

Article 17 - Dissolution

1. If the Customer does not, not properly, or not timely fulfill any obligation that arises for him from the agreement concluded with Decroix Vetements, he is liable for all damage on the part of Decroix Vetements.

Article 18 - Applicable Law

1. Dutch law applies to every agreement between Decroix Vetements and the Customer.
2. The court in the place of business of Decroix Vetements has exclusive jurisdiction to hear disputes unless the law prescribes otherwise.

Article 19 - Amendment of Terms and Conditions

1. Decroix Vetements has the right to change or supplement these General Terms and Conditions.
2. Changes also apply to agreements already concluded with due observance of a period of 30 days after written notification of the change.
3. If the Customer does not want to accept a change, he can terminate the agreement with effect from the date on which the new conditions would take effect.

Article 20 - Storage

1. If the Customer takes delivery of ordered products later than the agreed delivery date, the risk of any potential loss of quality is entirely borne by the Customer.
2. Any additional costs due to premature or delayed acceptance of products are entirely at the expense of the Customer.

Article 21 - Warranty

1. The warranty for products applies only to defects caused by faulty manufacturing or construction or defective materials.
2. 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 determined
3. The risk of loss, damage, or theft of the products subject to an agreement between the parties passes to the Customer at the moment they are legally and/or effectively delivered, or at least come into the possession of the Customer or a third party receiving the product on behalf of the Customer.

Article 22 - Exchange

1. The Customer may exchange a purchased item under the following conditions:
   • the exchange takes place within 14 days of purchase, with the Customer presenting the original invoice
   • the product is returned in its original packaging and with the attached original price tag
   • the product has not been used
2. Discounted items, perishable products, custom-made items, or items specially adapted for the Customer, and Limited Editions (only in a different size) cannot be exchanged.

Article 23 - Indemnification

1. The Customer indemnifies Decroix Vetements against all claims from third parties related to the products and/or services provided by Decroix Vetements.

Article 24 - Complaints

1. The Customer must promptly examine a product or service delivered by Decroix Vetements for any deficiencies.
2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must notify Decroix Vetements of this within 1 month after discovering the deficiency.
3. A consumer must notify Decroix Vetements no later than 2 months after discovering the deficiency.
4. The Customer provides a detailed description of the deficiency so that Decroix Vetements can respond appropriately.
5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Decroix Vetements.
6. In the case of complaints about ongoing work, the Customer cannot demand that Decroix Vetements perform other work than agreed upon.

Article 25 - Notice of Default

1. The Customer must make any notice of default known to Decroix Vetements in writing.
2. The Customer is responsible for ensuring that his notice of default reaches Decroix Vetements on time.

Article 26 - Liability of the Customer

1. When Decroix Vetements enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the agreements in that contract.

Article 27 - Liability of Decroix Vetements

1. Decroix Vetements is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
2. If Decroix Vetements is liable for damage, it is only for direct damage related to the execution of an underlying agreement.
3. Decroix Vetements is not liable for indirect damage, such as consequential damage, loss of profit, or damage to third parties.
4. If Decroix Vetements is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy. If no insurance is taken out or no amount is paid out, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website, or in a catalog are indicative only and cannot lead to any compensation, dissolution, or suspension.

Article 28 - Expiry Period

1. Any right of the Customer to compensation from Decroix Vetements expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 BW.

Article 29 - Dissolution

1. The Customer may undo the agreement if Decroix Vetements culpably fails to fulfill its obligations, unless this shortcoming does not justify dissolution due to its special nature or minor significance.
2. If the performance of obligations by Decroix Vetements is still possible, dissolution can only take place after Decroix Vetements is in default.
3. Decroix Vetements may undo the agreement with the Customer if the Customer does not fully or timely fulfill his obligations under the agreement, or if Decroix Vetements becomes aware of circumstances that give him good reason to believe that the Customer will not fulfill his obligations.

Article 30 - Force Majeure

1. In addition to Article 6:75 BW, it is stipulated that a shortcoming by Decroix Vetements cannot be attributed to Decroix Vetements when there is force majeure.
2. The force majeure situation in paragraph 1 also includes, among other things:
   • a state of emergency such as civil war or natural disaster
   • non-performance or force majeure by suppliers, delivery persons, or others
   • power, electricity, internet, computer, or telecom failures
   • computer viruses
   • strikes
   • government measures
   • transportation problems
   • adverse weather conditions
   • work stoppages
3. When a force majeure situation arises, preventing Decroix Vetements from fulfilling one or more obligations to the Customer, those obligations are suspended until Decroix Vetements can fulfill them.
4. From the moment an event of force majeure has lasted at least 30 calendar days, both the Customer and Decroix Vetements may cancel the agreement in writing in whole or in part.
5. In a force majeure situation, Decroix Vetements is not obliged to pay compensation to the Customer, even if Decroix Vetements benefits from it.

Article 31 - Amendment of Agreement

1. If it is necessary to amend a closed agreement for its execution, the Customer and Decroix Vetements may adjust the agreement.

Article 32 - Amendment of General Terms and Conditions

1. Decroix Vetements may amend these general terms and conditions.
2. Minor changes may be made by Decroix Vetements at any time.
3. Decroix Vetements will discuss significant changes with the Customer as much as possible beforehand.
4. In the case of a significant change in the general terms and conditions, a consumer may terminate the underlying agreement.

Article 33 - Transfer of Rights

1. The Customer may not transfer rights from an agreement with Decroix Vetements to others without written consent from Decroix Vetements.
2. This provision applies as a stipulation with property law effect as in Article 3:83 paragraph 2 BW.

Article 34 - Consequences of Nullity or Voidability

1. If one or more provisions of these general terms and conditions prove to be null or voidable, this does not affect the other provisions of these conditions.
2. A provision that is null or voidable will be replaced in that case by a provision that comes as close as possible to what Decroix Vetements had in mind when drawing up the conditions at that point.

Article 35 - Applicable Law and Competent Court

1. Dutch law applies to these general terms and conditions and every underlying agreement between the Customer and Decroix Vetements.
2. The court in the district of the place of business of Decroix Vetements has exclusive jurisdiction to hear any disputes between the Customer and Decroix Vetements, unless the law prescribes otherwise.

Prepared on January 20, 2024.