W fashion

in ontwikkeling

- Terms and conditions W fashion, for example -

The general terms and conditions of W fashion, for example, located and located in Maastricht at Gellikstraat 9, filed with the Chamber of Commerce Limburg in Maastricht.

ARTICLE 1

These general terms and conditions apply to all our offers and agreements with the exclusion of general terms and conditions of others or third parties, unless we have agreed otherwise in writing. Where in these Terms and Conditions the contracting party is mentioned, is meant everyone with whom we have entered into an agreement, therefore buyers, clients and the like. By order is meant an order or order given by or on behalf of the contracting party; Under Quote is understood an offer made by us.

ARTICLE 2

All our offers are without engagement, unless we have agreed otherwise in writing.

ARTICLE 3

Any statements about size, shape or quality provided by us in illustrations, catalogs, samples, fabric samples, designs or in any other way do not bind us and are deemed to have been provided approximately.

ARTICLE 4

Each offer is, unless explicitly stated otherwise, based on execution under normal circumstances and during normal working hours.

ARTICLE 5

An agreement is established by our written confirmation of the order or the order, or, failing that, by the actual execution of the order or order.

ARTICLE 6

Verbal promises by and agreements with our subordinates do not bind us until and insofar as these have been confirmed by us in writing.

ARTICLE 7

AI our prices are excluding B.T.W and are denominated in Euro, unless expressly agreed otherwise in writing.

ARTICLE 8

We are entitled and proportionate to increase prices and / or agreed prices, if after a quotation and / or after the conclusion of the agreement costs of aids, parts, materials or raw materials or labor costs, government levies or import duties have increased, if our purchase prices have increased due to a change in the euro’s coin value as a result of a change in the exchange rates or otherwise and finally if the contracting party changes the order as a result of which we incur higher costs than the price quoted in the offer. gone out.

ARTICLE 9

We are entitled to deliver an order, including that which is of a composite nature, by parts and to invoice for each delivery separately. Under composite order is to order in an order by our contracting party of certain quantities of different goods.

ARTICLE 10

If, in the event of a composite order, we deliver in parts, without any separate invoicing for each delivery, the contracting party is only entitled, if agreed in writing, to postpone payment of the entire order until the entire order has been delivered. . If we have specified a composite price for a compound order (that is, a total price not specified for each part of the order), we are not obliged to pay a proportion of that for the entire combined order when a part of the order is delivered. agree on the agreed price; only if this has been agreed in writing may the contracting party suffice in that case to pay a proportional part of the agreed price.

ARTICLE 11

Unless otherwise agreed in writing, delivery takes place ex factory and / or ex warehouse. If we assume any term for the delivery of a good, this solely means that we will observe the agreed term to the best of our ability. The contracting party is not entitled to demand dissolution of the agreement and / or compensation of any damage, whatsoever, if the time of delivery and / or any term is exceeded by us, while this does not affect the obligation of the contracting party, explaining the contracting party expressly waiving any right to compensation for late delivery. The delivery term only starts when the agreement has been concluded in accordance with Article 5 and the contracting party has fulfilled all its obligations up to that time.

ARTICLE 12

Goods that have been returned to us by the contracting party or not accepted by the contracting party by the contracting party may, at the expense and risk of the contracting party, be stored by us at the place where we see fit. We are entitled at all times to directly sell those returned and / or refused goods at the expense and risk of the contracting party. The proceeds, reduced by the costs incurred by us, need not be accounted for and / or paid to the contracting party before the day on which the agreed purchase price is increased by the contract price.

ARTICLE 13

If we take the transport of goods to a contracting party and take care of the transport or have it carried out, the obligations entered into with regard to third parties shall be deemed to have been entered into in the interest and for the account and risk of the contracting party. costs incurred in connection therewith – including the costs of insurance and risks of the contracting party.

ARTICLE 14

Advertisements regarding visible defects and / or the quality of the delivered goods must be submitted to us in writing by registered mail within fourteen days after delivery as referred to in Article 11, on pain of forfeiture of rights. Complaints regarding hidden defects must be submitted to us in writing and under penalty of forfeiture of rights within six weeks of receipt of the goods.

ARTICLE 15

Complaints do not give the contracting party the right to suspend payment and / or other obligations under the agreement in whole or in part. If the complaint is found unfounded by us, we are only obliged to replace the faulty goods, without the contracting party also being entitled to any compensation. By supplying substitute sound goods, we must be deemed to have fulfilled our obligations. If replacement is not possible by us, the invoice will be reduced.

ARTICLE 16

The contracting party undertakes to ensure payment of the agreed price at the latest within thirty days after the invoice date at our office or on a bank account indicated by us, without any recourse to discount and / or compensation for whatever reason, any right to a discount and / or compensation is explicitly excluded.

ARTICLE 17

All amounts due by the contracting party to us, for whatever reason, shall become payable by operation of law, immediately, without notice of default and without judicial intervention, in the event of non-payment on the due date. Furthermore, our claim against the contracting party is immediately due without notice of default and without judicial intervention, if the contracting party changes company form, applies for suspension of payments, is declared bankrupt, liquidates, dies, or, if the contracting party is a company, is dissolved. In the event of non-performance of its obligation, the contracting party shall owe us an interest of 1% per month on all due and payable – in addition to all judicial and extrajudicial costs – incurred by us for the collection of our claim, without prior notice of default. The extrajudicial costs amount to 15% of the due and payable amount with a minimum of EUR 500.00 in case the Subdistrict Court is competent and EUR 1,250.00 in the event that the District Court has jurisdiction to hear a claim. The extrajudicial collection costs include the costs and fees charged by them, which are charged by us with the collection. In addition, in the event of late payment or in the event of cancellation of any order by operation of law, the client shall forfeit to us a non-deductible compensation amounting to 15% of the amount due to us, without prejudice to our right to full compensation from our contracting party. to claim.

ARTICLE 18

Payments made by the contracting party after he is in default on the basis of the provisions of Article 17 shall first be deducted from the legal and / or extrajudicial costs due, then from the interest and finally from the principal sum.

ARTICLE 19

In the event that the contracting party does not, not timely, or not properly comply with any obligation resting on him, as well as if one of the circumstances referred to in article 17 occurs, we are entitled to either cancel the performance of the agreement without notice of default and without judicial intervention. suspend or terminate the agreement in whole or in part, at our discretion, without we being obliged to pay any compensation but without prejudice to the rights accruing to us, including the right to full compensation, and without prejudice to the provisions of Article 17.

ARTICLE 20

If in our opinion the contracting party is deemed to be less or less creditworthy, we can stipulate a payment term that deviates from that mentioned in article 16 and furthermore requires advance payment in advance and / or delivery of the goods on a cash on delivery basis. Failure to comply with one or more of the further conditions referred to in the aforementioned paragraph is equivalent to non-payment on the due date. In that case, the provisions of Article 17 come into effect. If the contract party is not insurable with our credit insurance, we reserve the right to cancel the order without the contracting party taking any damage.

ARTICLE 21

If the execution of the agreement is prevented by force majeure, we are entitled to adjust the agreement to the circumstances or to dissolve it and to demand compensation from the client for the costs already incurred by us, without the contracting party any compensation and / or compensation. is due.
Force majeure means any circumstance that can not be attributed to us, as a result of which the execution of this agreement becomes inconvenient for us or is prevented in whole or in part.

ARTICLE 22

We must be deemed to have fulfilled our obligations towards the contracting party, also if:
1. Small deviations in color, quality, model and design occur;
2. Of a delivered batch no more than 10% of the delivered items show deviations;
3. Conditioned flats do not exhibit greater deviations than 3%;
4. Conditioned weights, volumes and / or composition do not exhibit greater deviations than 10%;
5. A quantum not less than 90% of the agreed;
6. In the case of delivery according to sample, model or design, the deviation has only slightly deviated.

ARTICLE 23

We are not liable for loss of profits, consequential loss, other indirect damage or any other damage caused by any cause whatsoever, caused to persons and / or goods because of the goods delivered by us.

ARTICLE 24

Insofar as we have any liability, this is limited to the invoice amount for which we have delivered goods. In any case, our contracting party will fully indemnify us and compensate us for everything that we should have to pay to third parties if we are held liable by third parties in respect of any damage for which we are not liable.

ARTICLE 25

The contracting party indemnifies us against all consequences of the use of brands, models, designs, designs and the like prescribed in an order.

ARTICLE 26

Until all outstanding invoices have been paid in full by or on behalf of the contracting party, all goods delivered by us remain our property. As long as payment of the goods has not taken place, the contracting party is not entitled to dispose of the goods to the detriment of us or in favor of third parties, and the contracting party is in particular not entitled to pledge the goods to third parties or as security in the goods. most meaningful phrase to third parties, or any business or personal right in favor of a third party to establish. In the event of non-payment or late payment, the contracting party will immediately place the goods at our disposal upon our request and the contracting party is obliged to insure the risk of fire and theft in respect of these unpaid goods and at our request the relevant policy and paid premiums in photocopy to us.

ARTICLE 27

Dutch law is exclusively applicable to all agreements concluded by us. All disputes ensuing from agreements concluded by us shall, with the exclusion of any other authority, fall within the competence of the competent court in Maastricht. Notwithstanding the provisions of the previous paragraph, we reserve the right to bring a dispute arising from the concluded agreement before the competent court in the place or country of residence of the contracting party.

ARTICLE 28

In the event of a dispute with a foreign contractual party, including (the explanation of our general terms and conditions is at issue, only the Dutch text of our General Terms and Conditions will be binding on both parties, with the exclusion of the language in the language of the contract party existing version of our general terms and conditions.

ARTICLE 29

The contracting party declares to have received a copy of these general terms and conditions by signing the order confirmation and which also applies to future orders and agreements, unless a new version is announced to the contracting party that is valid from then on.

These conditions are also sent free of charge at the request of the contracting party by mail.

For further questions regarding our terms and conditions you can contact us at any time via the contact details below.

W fashion b.v.
Gellikstraat 9,
6215JM Maastricht
Nederland
T +31-(0)43-7114522

KvK : 14123531
VAT number : NL821477778B01