TERMS & CONDITIONS
Terms and Conditions CULTURE 28
General partnership 28COMMERCE (hereinafter: CULTURE 28) is registered with the Chamber of Commerce under number 77253973 and is located at Schaapherderweg 1b (Unit 8506 (2988CK) in Ridderkerk.
Article 1 - Definitions
- In these general terms and conditions, the following terms are used with the following meaning, unless expressly indicated otherwise:
- Offer: Any written offer to the Buyer for the delivery of Products by the Seller to which these terms and conditions are inextricably linked.
- Consumer: The natural person who does not act in the course of a profession or business.
- Buyer: the Consumer who enters into a (distance) Agreement with the Seller.
- Agreement: The purchase agreement (distance) that extends to the sale and delivery of Products purchased by the Buyer from CULTURE 28.
- Products: The Products offered by CULTURE 28 are clothing and accessories.
- Seller: The supplier of Products to Buyer, hereinafter: CULTURE 28.
Article 2 - Applicability
- These general terms and conditions apply to every Offer of CULTURE 28 and every Agreement between CULTURE 28 and a Buyer and to every Product offered by CULTURE 28.
- Before a (distance) Agreement is concluded, the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, CULTURE 28 will indicate to the Buyer how the Buyer can view the general terms and conditions, which are in any case published on the CULTURE 28 website, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
- In exceptional situations, it is possible to deviate from these general terms and conditions if this has been explicitly agreed in writing with CULTURE 28.
- These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer.
- If one or more provisions of these general terms and conditions are partially or wholly invalid or are invalid, the other provisions of these general terms and conditions will remain in force and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
- Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
- If reference is made to she/her in these general terms and conditions, this should also be understood as a reference to he/him/his, if and insofar as applicable.
Article 3 - The Offer
- All offers made by CULTURE 28 are without obligation unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists if it has been laid down in writing.
- The Offer made by CULTURE 28 is without obligation. CULTURE 28 is only bound by the Offer if the Buyer places an order or because the Buyer has already paid the amount due. Nevertheless, CULTURE 28 has the right to refuse an Agreement with a potential Buyer for reasons that are justified for CULTURE 28.
- The Offer contains an accurate description of the Product offered with associated prices. The description is detailed in such a way that the Buyer is able to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot be binding on CULTURE 28. Any images and specific data in the Offer are only an indication and cannot be a ground for any compensation or dissolution of the Agreement (remotely). CULTURE 28 cannot guarantee that the colors in the image correspond exactly to the real colors of the Product.
- Delivery times and terms stated in the Offer of CULTURE 28 are indicative and if they are exceeded, they do not entitle the Buyer to dissolution or compensation, unless expressly agreed otherwise.
- A composite quotation does not oblige CULTURE 28 to deliver part of the goods included in the offer or Offer at a part of the stated price.
- If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and on the run-out principle.
Article 4 - Conclusion of the Agreement
- The Agreement is concluded at the moment that the Buyer has accepted an Offer from CULTURE 28 by placing an order or paying for the relevant Product.
- An Offer can be made by CULTURE 28 via the website.
- If the Buyer has accepted the Offer by concluding an Agreement with CULTURE 28, CULTURE 28 will confirm the Agreement with the Buyer in writing, or at least by e-mail.
- If the acceptance (on minor points) deviates from the Offer, CULTURE 28 is not bound by it.
- CULTURE 28 is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
- Buyer, being a Consumer, has the right to exercise its right of withdrawal within the statutory period of 14 days. If withdrawal applies, the Buyer will handle the Product and the packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics, and functioning of the Product. The direct costs for returning the Product are for the account of the Buyer.
- Products that cannot be taken back for hygienic reasons are excluded from the right of withdrawal. This is expressly stated in the Offer.
Article 5 - Performance of the Agreement
- CULTURE 28 will perform the Agreement to the best of its knowledge and ability.
- If and insofar as required for the proper performance of the Agreement, CULTURE 28 has the right to have certain activities performed by third parties at its own discretion.
- The Buyer shall ensure that all information, which CULTURE 28 indicates is necessary or which the Buyer should reasonably understand to be necessary for the performance of the Agreement, is provided to CULTURE 28 in a timely manner. If the information required for the execution of the Agreement has not been provided to CULTURE 28 in time, CULTURE 28 has the right to suspend the execution of the Agreement.
- In the performance of the Agreement, CULTURE 28 is not obliged or obliged to follow the Buyer's instructions if this changes the content or scope of the Agreement. If the instructions result in additional work for CULTURE 28, the Buyer is obliged to reimburse the additional or additional costs accordingly.
- CULTURE 28 may require security from the Buyer or full advance payment before proceeding with the performance of the Agreement.
- CULTURE 28 is not liable for damage, of whatever nature, that has arisen because CULTURE 28 has been based on incorrect and/or incomplete information provided by the Buyer unless this inaccuracy or incompleteness was known to CULTURE 28.
- The Buyer indemnifies CULTURE 28 against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.
Article 6 - Delivery
- If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not supplied all the requested information or has not provided it on time, does not provide sufficient cooperation, the (down) payment has not been received on time by CULTURE 28 or other circumstances beyond the control of CULTURE 28, if any delay occurs, CULTURE 28 is entitled to a reasonable extension of the delivery or completion period. All agreed delivery times are never strict deadlines. The buyer must give CULTURE 28 written notice of default and allow it a reasonable term to still be able to deliver. The buyer is not entitled to any compensation due to the delay that has arisen.
- If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, CULTURE 28 is entitled to store the goods at the expense and risk of the Buyer.
- If the Products are delivered by CULTURE 28 or an external carrier, CULTURE 28 is entitled, unless otherwise agreed in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
- If CULTURE 28 requires information from the Buyer in the context of the performance of the Agreement, the delivery time will only commence after the Buyer has provided CULTURE 28 with all information necessary for the performance.
- If CULTURE 28 has specified a term for delivery, this is indicative. Longer delivery times apply for delivery outside the Netherlands.
- CULTURE 28 is entitled to deliver the goods in parts unless the Agreement deviates from this or the partial delivery does not have an independent value. CULTURE 28 is entitled to invoice the thus delivered separately.
- Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. CULTURE 28 reserves the right to refuse delivery if there is a well-founded fear of non-payment.
- If the Buyer wishes to collect the Products from a Pick Up Point, the Buyer is responsible for this.
Article 7 - Packaging and transport
- CULTURE 28 undertakes towards the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
- Unless otherwise agreed in writing, all deliveries are made including turnover tax (VAT), including packaging and packaging material.
- Accepting items without comments or comments on the consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.
Article 8 - Investigation, complaints
- The buyer is obliged to inspect the delivered goods at the time of delivery, but in any event within 14 days of receipt of the delivered goods, but only to unpack or use them to the extent necessary. to assess whether it keeps the Product. In doing so, the Buyer must investigate whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
- The Buyer is obliged to investigate and inform himself in which way the Product should be used and, in the event of personal use, to test the Product in accordance with the instructions for use. CULTURE 28 accepts no liability for misuse of the Product by the Buyer.
- Any visible defects or shortcomings must be reported to CULTURE 28 in writing after delivery at email@example.com. The buyer has a period of 14 days after delivery for this. Non-visible defects or shortcomings must be reported within 14 days of discovery, but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer itself, the Buyer is liable for any loss in value of the Product.
- If a complaint is made in time pursuant to the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only take place with the prior written consent of CULTURE 28 in the manner indicated by CULTURE 28.
- If the Buyer, being a Consumer, uses his right of withdrawal, he will return the Product and all accessories, insofar as this is reasonably possible, in its original condition and packaging to CULTURE 28, in accordance with the return instructions of CULTURE 28. The direct costs for returns are at the expense and risk of the Buyer.
- CULTURE 28 is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will be made.
- Refunds to the Buyer will be processed as soon as possible, but the refund can take no later than 14 days after receipt of the Buyer's declaration of dissolution. Refunds will be made to the previously specified account number.
- If the Buyer exercises its right to complain, the Buyer, being a Company, has no right to suspend its payment obligation nor to settle outstanding invoices.
- In the absence of complete delivery, and/or if one or more Products are missing, and this is attributable to CULTURE 28, CULTURE 28 will send the missing Product(s) or the remaining order at the request of the Buyer. Cancel. The confirmation of receipt of the Products is leading in this regard. Any damage suffered by the Buyer as a result of the (deviating) scope of the delivery cannot be recovered from CULTURE 28.
Article 9 - Prices
- The prices stated in the Offer include VAT unless expressly stated otherwise.
- The prices as stated in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement, such as import and export duties, freight and unloading costs, insurance, and any levies and taxes.
- In the case of Products or raw materials for which there are price fluctuations in the financial market and on which CULTURE 28 has no influence, CULTURE 28 can offer these Products at variable prices. It is stated in the Offer that the prices are target prices and may fluctuate.
- Buyer is responsible for the import costs.
Article 10 - Payment and collection policy
- Payment can be made in advance and/or afterward in the currency in which is invoiced via the indicated method.
- The buyer cannot derive any rights or expectations from a budget issued in advance unless the parties have expressly agreed otherwise.
- The buyer must make a lump sum payment to the account number and details of CULTURE 28 made known to it. Parties can only agree on a different payment term after explicit and written permission from CULTURE 28.
- If a periodic payment obligation of the Buyer has been agreed upon, CULTURE 28 is entitled to adjust the applicable prices and rates in writing with due observance of a term of 3 months.
- In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, the claims of CULTURE 28 against the Buyer are immediately due and payable.
- CULTURE 28 has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest due, and finally to reduce the principal sum and the current interest. CULTURE 28 may, without being in default, as a result, refuse an offer of payment if the Buyer designates a different order for the allocation. CULTURE 28 may refuse full repayment of the principal if the outstanding and current interest, as well as the costs, are not also paid.
- If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the specified payment term, the Buyer will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet his obligations within that period before he is in default.
- From the date that the Buyer is in default, CULTURE 28 will, without further notice of default, be entitled to the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale. from the decision on compensation for extrajudicial collection costs of 1 July 2012.
- If CULTURE 28 has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and enforcement costs incurred are also for the account of the Buyer.
Article 11 - Retention of title
- All goods delivered by CULTURE 28 remain the property of CULTURE 28 until the Buyer has fulfilled all the following obligations under all Agreements concluded with CULTURE 28.
- The buyer is not authorized to pledge or encumber the items subject to retention of title in any other way if the ownership has not yet been transferred in full.
- If third parties seize the goods delivered subject to retention of title or wish to establish or assert rights thereon, the Buyer is obliged to inform CULTURE 28 of this as soon as can reasonably be expected.
- In the event that CULTURE 28 wishes to exercise its property rights referred to in this article, the Buyer already now grants unconditional and irrevocable permission and authorization to CULTURE 28 or third parties to be designated by them to enter all those places where the properties of CULTURE 28 and to take those items back.
- CULTURE 28 has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or hand over CULTURE 28. After the Buyer has obligations, CULTURE 28 will make every effort to deliver the purchased Products to the Buyer as soon as possible, but at the latest within 20 working days.
- Costs and other (consequential) damage as a result of retaining the purchased Products are for the account and risk of the Buyer and will be reimbursed to CULTURE 28 by the Buyer on first request.
Article 12 - Warranty
- CULTURE 28 guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or reliability, and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified CULTURE 28 of this use at the time of entering into the Agreement.
- If the Buyer is a Consumer, he is entitled to a replacement of the Product if it is suspected that the Product did not comply with the Agreement upon delivery if the deviation from the agreement becomes apparent within a period of 6 months after delivery unless the nature of the Product or the nature of the deviation precludes this. The foregoing is without prejudice to the fact that CULTURE 28 is not responsible for the suitability of the Products for each individual application by the Buyer. Buyer must follow the regulations and instructions of CULTURE 28. The warranty provided is without prejudice to the fact that CULTURE 28 is never responsible for the suitability of the Products for any individual application by the Buyer. Buyer must follow the regulations and instructions of CULTURE 28.
- The warranty mentioned above only extends to what has been provided by the producer and applies for a period that corresponds to the manufacturer's warranty. CULTURE 28 is never responsible for the suitability of the Products for any individual application by the Buyer.
- If the goods to be delivered do not comply with these guarantees, CULTURE 28 will, at the discretion of CULTURE 28, replace the goods or arrange for repair within a reasonable period of time after receipt thereof. In the event of replacement, the Buyer undertakes now to return the replaced item to CULTURE 28 and to transfer ownership to CULTURE 28.
- The guarantee referred to in this regard does not apply if the defect has arisen as a result of injudicious or improper use or if, without the written permission of CULTURE 28, the Buyer or third parties have made changes or tried to make changes to the item or have used them. for purposes for which the item is not intended or has been used under abnormal circumstances.
Article 13 - Suspension and dissolution
- CULTURE 28 is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Buyer does not or not fully fulfill the (payment) obligations under the Agreement.
- In addition, CULTURE 28 is authorized to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been performed, without judicial intervention if the Buyer does not timely or properly fulfill the obligations that it has from any agreement with CULTURE 28. concluded Agreement.
- Furthermore, CULTURE 28 is authorized to dissolve the Agreement (or have it dissolved) without prior notice of default if circumstances arise which are of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise. which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
- If the Agreement is dissolved, CULTURE 28's claims against the Buyer are immediately due and payable. When CULTURE 28 suspends the fulfillment of its obligations, it retains its rights under the law and the Agreement.
- CULTURE 28 always reserves the right to claim compensation.
Article 14 - Limitation of liability
- If the performance of the Agreement by CULTURE 28 leads to the liability of CULTURE 28 towards the Buyer or third parties, that liability is limited to the costs charged by CULTURE 28 in connection with the Agreement unless the damage is caused by intent or gross negligence. . The liability of CULTURE 28 is, in any case, limited to the maximum amount of damage that is paid out by the insurance company per event per year.
- CULTURE 28 is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings, and damage as a result of the use of the delivered Products is excluded. A restriction applies to Consumers in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
- CULTURE 28 is not liable for and/or obliged to repair damage caused by the use of the Product. CULTURE 28 provides strict maintenance and usage instructions that must be followed by the Buyer. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use, use damage, fall damage, light and water damage, theft, loss, etc.).
- CULTURE 28 is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
- CULTURE 28 is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for whatever reason.
- CULTURE 28 does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of CULTURE 28, nor for its timely receipt.
- All claims by the Buyer due to shortcomings on the part of CULTURE 28 will lapse if these have not been reported to CULTURE 28 in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer expire in any case one year after the termination of the Agreement.
Article 15 - Force majeure
- CULTURE 28 is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not attributable to its fault and is not for its account by virtue of the law, legal act or generally accepted standards.
- Force majeure is, in any case, understood to mean, but is not limited to what is understood in this regard in law and jurisprudence, (i) force majeure of suppliers of CULTURE 28, (ii) failure to properly fulfill obligations of suppliers that the Buyer have been prescribed or recommended to CULTURE 28, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes in CULTURE 28's business and (xi) other situations that, in the opinion of CULTURE 28, are beyond its control that temporarily or permanently prevent the fulfillment of its obligations.
- CULTURE 28 has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after CULTURE 28 should have fulfilled its obligation.
- During the period that the force majeure continues, the parties can suspend the obligations under the Agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.
- Insofar as CULTURE 28 has already partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure, or will be able to fulfill these, and the part fulfilled or to be fulfilled has independent value, CULTURE 28 is entitled to to be invoiced separately for the part to be fulfilled. The buyer is obliged to pay this invoice as if it were a separate Agreement.
Article 16 - Risk transfer
The risk of loss or damage to the Products that are the subject of the Agreement transfers to the Buyer at the time the Products are delivered under the control of the Buyer. This is the case if the Products have been delivered to the delivery address of the Buyer.
Article 17 - Intellectual Property Rights
- All intellectual property rights and copyrights of CULTURE 28 rest exclusively with CULTURE 28 and are not transferred to Buyer.
- The Buyer is prohibited from disclosing and/or multiplying, changing or making available to third parties all documents to which the intellectual property rights and copyrights of CULTURE 28 rest without the express prior written consent of CULTURE 28. If the Buyer wishes to make changes to in goods delivered by CULTURE 28, CULTURE 28 must explicitly agree to the intended changes.
- The Buyer is prohibited from using the Products to which the intellectual property rights of CULTURE 28 rest other than as agreed in the Agreement.
- The Buyer gives CULTURE 28 permission to use the photos made and placed by the Client of the Products in which the Client has tagged CULTURE 28 or used #culture28 for advertising and promotional purposes.
Article 18 - Privacy, data processing, and security
- CULTURE 28 handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, CULTURE 28 will inform the data subject about this.
- If CULTURE 28 is required to provide information security on the basis of the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data and the associated costs, is not unreasonable.
Article 19 - Complaints
- If the Buyer is not satisfied with the Products of CULTURE 28 and/or has complaints about the (performance of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but at the latest within 14 calendar days after the relevant reason for the complaint. led to report. Complaints can be reported via firstname.lastname@example.org with the subject “Complaint”.
- The complaint must be sufficiently substantiated and/or explained by the Buyer for CULTURE 28 to be able to handle the complaint.
- CULTURE 28 will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
- The parties will try to reach a solution together.
Article 20 - Applicable law
- Dutch law applies to every Agreement between CULTURE 28 and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
- In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. CULTURE 28 has the right to unilaterally change these general terms and conditions.
- All disputes arising from or as a result of the Agreement between CULTURE 28 and the Buyer will be settled at the competent Court of Rotterdam (location Rotterdam) unless mandatory provisions lead to the jurisdiction of another court.
Ridderkerk, October 06, 2021