Terms & Conditions DenimX
1. Definitions
1. Terms and conditions: These terms and conditions of DenimX
2. Website: the website www.denimx.nl (DenimX), part of DenimX BV, located in Maastricht, The Netherlands, under Chamber of Commerce no. 68157878 and all other websites of DenimX BV.
3. Customer: a private person or a person who legally represents a company and with whom DenimX has agreed.
4. Parties: DenimX and Costumer together.
5. Products: all products that DenimX sells through the website.
6. Order: Ordering one or more Products through the website or acceptance of a Quotation.
7. Quotation: An offer from DenimX to the Customer for the purchase of a larger number of Products and/or for specific customisation including personalised Products.
8. Order confirmation: the email that DenimX sends to the Customer with the acceptance of the Costumers Order.
9. Agreement: the Agreement between the Customer and DenimX for the purchase of one or more products.
2. Acceptability of Terms and Conditions
1. These terms and conditions apply to all quotations, offers, activities, orders, Agreements, and deliveries of Products by or on behalf of DenimX.
2. A copy of these Terms and Conditions is available on the Website.
3. By confirming that you have read and accepted these Terms and Conditions when placing an Order through the Website, you confirm your unconditional acceptance of these Terms and Conditions.
4. These Terms and Conditions together with the Order and the Order Confirmations constitute the Agreement between you and DenimX for the delivery of Products.
5. Parties may only deviate from these Terms and Conditions if they have expressly agreed to do so in writing.
6. DenimX expressly excludes the applicability of additional and/or different general terms and conditions of the Customer or third parties, unless the parties expressly agree otherwise in writing.
7. If you have any questions about these Terms and Conditions, the Products or you Order, please contact us using the contact form on the website or send an email to info@denimx.nl.
3. General Product Information
1. DenimX makes reasonable efforts to ensure that the information on Products on the Website is completely accurate. However, DenimX does not warrant that there will be no errors in the description and/or pricing of the Products.
2. DenimX makes reasonable efforts to accurately represent the properties of Products, including the applicable colours. However, DenimX cannot guarantee that the Product supplied will fully match the Product displayed on the Website as the display will depend on your computer system and the chosen settings.
3. DenimX reserves the right to change the information on Products (including pricing, description, and availability information) on the Website at any time and without notice. However, changes in price, availability, or description of Products will not affect orders already placed and accepted.
4. Place orders
1. By placing an Order on the Website, you confirm that you are legally authorised to enter into a binding Agreement and that the information you provide when you place an Order is true, accurate, current, and complete.
2. To place an order, select the desired Products on the Website, place the Products in your shopping cart, agree to the Terms and Conditions, and pay for the Products. DenimX cannot accept orders placed in any other way than as described above, unless otherwise agreed in writing or by e-mail, for example utilising a signed Quotation.
3. Before you can checkout you need to be logged in or log in to your account, create an account, or indicate that you want to check out without creating an account. In the event that the Customer requests a Quotation to purchase a larger number of and/or personalised Products, a separate corporate account must be created.
4. By placing an Order, you request us to sell the Products you have selected to you. Orders placed through the Website are subject to availability and acceptance by DenimX. DenimX may refuse to accept your order at any time and in its sole discretion, including, but not limited to, the cases in which:
• The Website contains an error concerning the Products that you have ordered (for example, an error concerning the price or description of the Products)
• The Products ordered by you are no longer available through the Website
• You have provided incorrect information
5. DenimX shall not be liable to you or any third party for any withdrawal of Products from the Website, any removal or alteration of material or content from the Website, and any refusal to process an Order or suspension of a transaction after it has been completed.
6. If DenimX is unable to accept or process your Order, DenimX will contact you by e-mail as soon as possible.
7. For Quotations of DenimX the following conditions apply:
• Offers from DenimX are without obligation unless explicitly stated otherwise in the Quotation.
• A Quotation is valid for a maximum of 3 days unless another acceptance period is mentioned in the Quotation.
• If the Customer does not accept a Quotation within the set period, the offer will expire.
• Offers do not apply to repeat orders unless the parties expressly agree to this in writing.
• In the event of acceptance of a non-binding Quotation, DenimX reserves the right to revoke the Quotation within 3 days after receipt of the acceptance,
without the Customer being able to derive any rights from this.
• Verbal acceptance by the Customer only commits DenimX after the Customer has signed the Quotation (preferably digitally) and returned it to DenimX.
• After acceptance of the Quotations, the Client will receive an Order Confirmation stating the further payment conditions.
• Payment of the Products must be made within the payment term indicated in the Quotation.
5. Unavailable products
DenimX will do everything reasonably possible to ensure that the information about Products displayed on the Website is accurate. However, when you place an Order, certain Products may be out of stock. If DenimX is unable to deliver the Products ordered to you within 14 days of the date of your Order, DenimX will cancel the Order in whole or in part and refund you the payment for the Products in the canceled Order.
6. Prices
1. All prices quoted by DenimX on the Website are in euros, including VAT and excluding any other costs such as payment and delivery costs, unless explicitly stated otherwise or the parties agree otherwise.
2. As soon as you place an Order, you will receive an Order Confirmation confirming the prices.
3. Delivery costs are at the expense of the Client, depend on the size and weight of the Order and the place of delivery, and will be stated before you place your Order. This may be deviated from if the parties have made other agreements in this respect.
4. All prices DenimX charges for its Products on the Website or otherwise notified may be changed by DenimX at any time without notice.
5. An increase in cost price of products or parts thereof, which DenimX could not foresee at the time the Agreement was concluded, may give rise to a price increase.
6. The Client has the right to dissolve the Agreement as a result of a price increase as referred to in paragraph 4 unless the increase is the result of statutory regulation.
7. Payment
1. DenimX accepts payments via iDeal, PayPal, Credit/Debit card, Bancontact, and SOFORT Banking.
2. If you pay by bank card or credit card, you must provide your card details when you place your order. Your debit or credit card will be debited for the total value of your order at the time your Order is placed.
3. DenimX will not accept your Order or deliver the Products to you until your credit or debit card issuer has authorised payment for the ordered Products. If the issuer refuses to authorise payment, DenimX will not be liable for any delay or non -delivery of the Products.
4. Payment by invoice is subject to the following Terms and Conditions:
• If the Customer fails to pay within the agreed term, DenimX will be entitled to charge interest of 1% per month from the day the Customer is in default, whereby part of a month will be counted as a whole month.
• If the Customer is in default, he will also owe DenimX extrajudicial collection costs and any compensation for damages.
• The collection costs are calculated based on the Compensation for Extrajudicial Collection Costs Decree.
• In the event of liquidation, bankruptcy, seizure, or suspension of payment on the part of the Customer, DenimX’s claims against the Customer are immediately due and payable.
• If the Customer refuses to cooperate in the performance of the Agreement by DenimX, it is still obliged to pay the agreed price to DenimX.
• If the agreed amounts are not paid on time, DenimX shall be entitled to suspend obligations until the agreed part has been paid.
• In the event of late payment, the Client is in default of creditors, with the result that the Client cannot object to late delivery to DenimX.
8. Delivery
1. Delivery of Products shall take place to the delivery address provided by the Customer.
2. All documents relating to your Delivery will only be sent by email to the email address you provided when placing the Order.
3. Products ordered on the Website can be delivered worldwide.
4. Delivery takes place by a carrier chosen and designated by DenimX and may vary from country to country.
5. DenimX makes every effort to deliver the Products within the delivery time indicated on the Website. These delivery times are indicative and, if exceeded, do not entitle the Customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
6. The delivery period will commence after DenimX has confirmed the Order in writing or electronically to the Customer.
7. Exceeding the specified delivery time does not entitle the Customer to compensation or to dissolve the Agreement, unless DenimX is unable to provide information about the delivery time within 14 days after being warned to do so in writing, or the parties have agreed otherwise.
8. The Customer shall ensure that the actual delivery of the Products ordered by him can take place on time.
9. If the packaging of a delivered product has been opened or damaged, the Customer must have a note made of this by the forwarder or deliveryman before accepting the product, failing which DenimX cannot be held liable for any damage.
10. Ownership and risk of loss, damage, and theft of the Products are transferred to the Customer at the time of delivery.
9. Warranty
1. DenimX offers a one year warranty on all Products available on or delivered through the Website.
2. The warranty concerning Products applies only to defects caused by faulty manufacture, construction, or material.
3. The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, modifications made to the product, negligence or improper use by the Customer, as well as when the cause of the defect cannot be determined.
4. If a Product is defective, you may exercise your warranty rights by notifying us by e-mail and returning the defective Product to DenimX according to the procedure described in paragraph 12.
5. If DenimX determines that the Product is indeed defective, the defective product will be repaired or replaced with an identical product or, if not or no longer in stock, a product that is as similar as possible.
10. Return or exchange
1. Products may be returned to DenimX by the Customer without penalty and further reason within 14 calendar days after delivery, only if the Products have not been worn or used. After return, DenimX will check the Product for possible use.
2. Shipping costs will be borne by the Customer unless DenimX has demonstrably made a mistake. In that case, the shipping costs will be paid by DenimX.
3. The return address of DenimX is:
DenimX
Bergerstraat 37
6226 BA Maastricht
The Netherlands
When returning or exchanging your name and order number must be stated on a ‘Model revocation form‘. You must also indicate on this form whether you wish to receive a refund or exchange the Product for an identical or similar Product. The ‘Model revocation form‘ can be downloaded from the Website and must be attached to the return shipment.
4. In case you choose for a refund, DenimX will (refund) the amount of your purchase, possibly increased with the shipping costs in accordance with what is stated in paragraph 2, within 1 to 2 weeks into your bank account.
11. Liability
1. The Products are only intended to be used as a wristband or as a protective cover. c.q. bag for storing, carrying, and/or transporting laptops, I-Pads, groceries, writing utensils, etc. The products are not made for any other use.
2. DenimX Products may contain parts that could cause a choking hazard and are therefore not suitable for use by children under four (4) years of age.
3. Damage which in your opinion is the result of intent or gross negligence on the part of DenimX must be reported to DenimX in writing as soon as possible after the occurrence of the damage. Damage that is not reported to DenimX as soon as possible cannot be compensated, unless you can prove that you could not reasonably have reported the damage earlier.
4. DenimX shall only be liable for any damage suffered by the Customer if and to the extent that such damage is caused by intent or deliberate recklessness on the part of DenimX.
5. If DenimX is liable for any damage, it will only be liable for direct damage resulting from or related to the execution of the Agreement.
6. DenimX is never liable for indirect damages, such as consequential damages, lost profits, missed savings, or damage to third parties.
7. If DenimX is liable, this liability shall be limited to a maximum of the amount paid out by a (professional) liability insurance taken out and in the absence of (full) payment by an insurance company of the amount of the damage, the liability shall be limited to the (part of the) invoice amount to which the liability relates.
8. Any right of the Customer to compensation from DenimX will in any event lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code. 9. All images, photographs, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the Agreement and/or suspension of any duty.
12. Complaints
1. The Customer must examine a Product delivered by DenimX as closely as possible for any shortcomings immediately after delivery. If a Product delivered does not comply with what the Customer could reasonably expect from the Agreement, the Customer must inform DenimX of this as soon as possible, but in any event within 5 working days after discovery of the failure(s), by sending an e-mail to sales@denimx.nl in which the Customer describes the failure in as much detail as possible, in such a way that DenimX is able to respond adequately.
2. The Customer must demonstrate that the complaint relates to the Agreement between the parties.
3. After receipt of the complaint DenimX will respond as soon as possible, but at the latest within 5 working days.
13. Right of Advertising
1. As soon as the Customer is in default, DenimX is entitled to invoke the right of complaint concerning the unpaid products delivered to the Customer.
2. DenimX invokes the right to advertise utilising a written or electronic communication.
3. As soon as the Customer has been informed of the invoked right of complaint, the Customer must immediately return the Products to which this right relates to DenimX unless the parties agree otherwise.
4. The costs of retrieving or returning the Products shall be borne by the Customer.
14. Retention of title
1. DenimX shall remain the owner of all Products delivered until the Customer has fully complied with all its payment obligations towards DenimX under any Agreement entered into with DenimX, including claims relating to failure to perform.
2. Until then, DenimX may invoke its retention of title and take back the goods.
3. Prior to the transfer of ownership to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the Products.
4. If DenimX invokes its retention of title, the Agreement will be deemed terminated and DenimX will be entitled to claim damages, loss of profit, and interest.
15. Freedom
The Customer indemnifies DenimX against all claims of third parties in connection with the Products delivered by DenimX.
16. Right of dissolution
1. The Customer is entitled to dissolve the Agreement if DenimX fails imputably in the fulfilment of its obligations unless these shortcomings do not justify the dissolution given its special nature or minor importance.
2. If the fulfilment of the obligations by DenimX is not permanently or temporarily impossible, dissolution can only take place after DenimX is in default.
3. DenimX is entitled to dissolve the Agreement with the Customer if the Customer fails to fulfil its obligation under the Agreement in full or in a timely manner, or if DenimX has become aware of circumstances that give it a good reason to fear that the Customer will not be able to fulfil its obligations properly.
17. Force of the majority
1. In addition to the provisions of Section 6:75 of the Dutch Civil Code, any failure on the part of DenimX to perform any obligation vis-à-vis the Customer cannot be attributed to DenimX in a situation independent of the will of DenimX, as a result of which the performance of its obligations vis-à-vis the Customer is wholly or partly impeded or as a result of which the performance of its obligations cannot reasonably be required of DenimX.
2. The force of the majority situation mentioned in paragraph 1 also includes – but is not limited to – a state of emergency (such as civil war, rebellion, riots, natural disasters, etc.).This includes, but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force of the majority for suppliers, deliverers, or other third parties; unexpected power, electricity, internet, computer and telecoms disruptions; pandemics, computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions, work stoppages, failure by the Customer to provide DenimX with a correct address or to notify DenimX of a change of address in a timely manner.
3. If such a situation of force of the majority occurs, DenimX will inform the Customer as soon as possible.
4. If a situation of force of the majority occurs as a result of which DenimX is unable to fulfil one or more obligations towards the Customer, those obligations will be suspended until DenimX is able to fulfil them again.
5. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may terminate the Agreement in whole or in part in writing.
6. DenimX will not owe any compensation or damages in a force majeure situation, not even if DenimX benefits from the force majeure situation.
18. Resale of products
1. DenimX’s Products are only distributed through the Website and selected stores of authorised DenimX retailers.
2. You may not introduce yourself as an authorised reseller or qualified to resell DenimX Products.
3. DenimX reserves the right to refuse to accept your Order if it reasonably suspects that you intend to resell the DenimX Products.
19. Amendment of Agreement
If it appears necessary after the conclusion of the Agreement for its implementation to modify or supplement the content of the Agreement, the parties shall in good time and by mutual agreement adopt the Agreement accordingly.
20. Modification of general terms and conditions.
1. DenimX is entitled to amend or supplement these General Terms and Conditions.
2. Changes of minor importance may be made at any time.
3. As far as possible, DenimX will discuss major substantive changes with the Customer in advance.
4. Customers are entitled to terminate the Agreement in the event of a material change to the general terms and conditions.
21. Transition of rights
1. The Customer’s rights under an Agreement between the parties cannot be transferred to third parties without DenimX’s prior written consent.
2. This provision counts as a clause with property law effect as referred to in article 3:83, second paragraph, of the Dutch Civil Code.
22. Consequence of nullity or defeasibility
1. If one or more provisions of these General Terms and Conditions prove to be null and void or voidable, this shall not affect the other provisions of these General Terms and Conditions.
2. A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what DenimX had in mind when drafting the concerning provision on that point.
23. Processing of personal data
By placing your Order, you agree and understand that DenimX will store, process, and use the data you provide when placing the Order on the Website to process the Order. This will be done following DenimX Webshop’s Privacy Statement and is in accordance with the General Data Protection Ordinance AVG. The DenimX Webshop Privacy Statement can be found and downloaded on the Website.
24. Intellectual property rights
The DenimX trademarks, whether figurative or not, and all other marks, illustrations, graphics, and logos appearing on the Website and its Products, accessories, or packaging, whether registered or not, are and shall remain the exclusive property of DenimX. It is strictly prohibited to reproduce the referenced trademarks, images, graphics, and logos in any way, in whole, in part, or modified form, without the prior express wrote consent of DenimX. Violation of this prohibition may be prosecuted.
25. Applicable law and competent court.
1. Any agreement between the parties is governed exclusively by Dutch law.
2. The Dutch court in the district where DenimX has its registered office/office is exclusively competent to hear any disputes between the parties unless otherwise required by law.
CONTACT
If you have any questions, please send an e-mail to info@denimx.nl.
DenimX | DenimX B.V.
Bergerstraat 37, 6226 BA Maastricht, KVK number: 68157878
DenimX V20220314
