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1.1 Within these General Terms and Conditions, the following terms mean:
'General Conditions™ Consumer™ Purchase Agreement™ Product™ Website™ 'SUITSUIT®': these General Conditions; : the natural person who orders or purchases one or more Products via the SUITSUIT® website or in another way from SUITSUIT®; : the agreement between SUITSUIT® and the Consumer, which results in the Consumer purchasing a SUITSUIT® Product via the website and SUITSUIT® delivering a Product to the Consumer; : the products available for purchase via the SUITSUIT® Website; : the www.suitsuit.nl and/or .com internet site; : the commercial enterprise SUITSUIT® INTERNATIONAL BV
1.2 The General Conditions apply to the Purchase Agreement between SUITSUIT® and the Consumer.
1.3 All of SUITSUIT®'s rights and agreements by virtue of the General Conditions and Purchase Agreement are stipulated as much for the benefit of SUITSUIT® employees and directors, as for its allied organizations and their employees and directors, or any agents and other third parties involved by them.
1.4 Any deviations from the General Conditions are only valid if these have been expressly agreed in writing by SUITSUIT®.
1.5 Invalidity or nullification of a definition from the General Conditions or the Purchase Agreement will not affect the validity of other conditions within the General Conditions or the Purchase Agreement. A valid definition will take the place of the invalid definition, which will reflect the parties intention in the relevant invalid or nullified article as accurately as possible.
1.6 SUITSUIT® is always legally entitled to change the Purchase Agreement, the General Conditions and the contents of the Website.
1.7 If SUITSUIT® allows deviations from these General Conditions, either for a short or long period of time, or even silently, this will not affect its rights to demand immediate and strict compliance with these General Conditions. The Consumer can never derive any rights from the fact that SUITSUIT® applies these General Conditions in a flexible manner.
1.8 SUITSUIT® is entitled to transfer its rights and obligations towards the Consumer by virtue of the General Conditions and/or the Purchase Agreement, to a third party, in which case they will provide the Consumer with any relevant information as soon as possible.
1.9 SUITSUIT®'s administration serves as proof, subject to proof to the contrary, of the Purchase Agreement entered into by the Consumer and any payments made and deliveries carried out by SUITSUIT®.
2. Realization of the Purchase Agreement
2.1 A Purchase Agreement is realized as follows:
(a) the Consumer follows the ordering procedures as stated on the Website, provides all required information, confirms his agreement with the General Conditions and Service Conditions, and clicks on the 'Check out' button if the order information is correct;
b) The Consumer chooses his favorite payment method, pays in advance or provides payment details and gives his consent to take payment;
(c) SUITSUIT® confirms the order has been placed successfully via the Website, after which
the Purchase Agreement is realized.
2.2 Should the order for the product not be placed successfully, for example if payment didn't take place or if the product is out of stock, no Purchase Agreement will be set up. In such cases SUITSUIT® is not obliged (irrespective of the cause of the non-realization of the Purchase Agreement to provide the Consumer with the product or a comparable product) nor is SUITSUIT® liable for any damage claims in such cases. Any payment already made by the Consumer will immediately be credited.
2.3 If a Purchase Agreement has successfully been set up, SUITSUIT® will send out a receipt to the Consumer by email. This receipt will, at the very least, contain the following information:
(a) a description and quantity of the Product purchased;
(b) the price of the Product, including any relevant value added tax;
(c) the delivery and administration costs and any other possible costs;
(d) the Consumer's name and home address, the address where the Product needs to be delivered to and the invoice address (if different from the home address and/or delivery address provided by the Consumer) and the Consumer's email address and telephone number;
(e) the order number;
(f) any possible further conditions which apply to the Purchase Agreement;
(g) SUITSUIT® Consumer service's email address and telephone number.
2.4 SUITSUIT® is entitled to either wholly or partially use the services of third parties during the execution of the Purchase Agreement.
3.1 Unless otherwise stated, the prices quoted on the Website are in Euros. Unless otherwise stated, all amounts include sales tax and exclude shipping charges, possible import levies and other governmental charges. Quotes on the Website relating to the products are done preserving all rights and are only an invitation to make an offer.
4.1 Deliveries can exclusively be made to the delivery address provided by the Consumer and confirmed in the receipt.
4.2 Delivery times quoted should always be regarded as a global indication and never as a definitive term. It is not possible to establish a fixed delivery date or dates. Deliveries will usually take place on weekdays between 09-00 am and 17-00 pm.
5 Force Majeure and/or extraordinary circumstances
5.1 SUITSUIT® is not obliged to fulfill any obligations towards the Consumer if it is hindered as a result of a circumstance which it cannot be blamed for; neither will any legal, rightful or applicable interpretations be at its expense.
5.2 Circumstances described in article 5.1 include, but are not limited to, the proper functioning of the Website and SUITSUIT®'s mail servers, faults in internet traffic, any other fault at SUITSUIT®, a fault in the energy or material provision, a fault on the computer network used by SUITSUIT®, transport delays, a strike, the non-timely or non-complete delivery by SUITSUIT® suppliers and any shortcomings by third parties which SUITSUIT® has involved in the execution of the Purchase Agreement.
6. Ownership Restrictions
6.1 All matters delivered to the Consumer remain the property of SUITSUIT® until full payment for all amounts due, based on the Purchase Agreement and any other possible agreements, have been received from the Consumer by SUITSUIT®.
7. Transport Risk
7.1 Any risk during transport of the Product purchased by the Consumer lies with SUITSUIT® or the third parties involved by them. As soon as the product has been delivered, or at the time when delivery can reasonably be assumed, the Product Risk will transfer to the Consumer.
8.1 SUITSUIT® is not responsible for any possible misunderstandings or delays as a result of the (electronic) communication means used in the traffic between the Consumer and SUITSUIT®. Any possible typing errors, differences in color or supposed mistakes in product information or prices, either on the Website or in other SUITSUIT® statements, are expressly reserved and cannot be used against SUITSUIT®.
8.2 In case of damage to the Product, SUITSUIT® is, irrespective of that stated in article 10 (Warranty), at the very most liable for the amount which the Consumer has paid for the product.
8.3 SUITSUIT® cannot be held liable in any way whatsoever for any damage or injury to the Consumer or third party as a result of using the Product (or its packaging), or as a result of any shortcoming by SUITSUIT®, its employees or third parties used.
8.4 SUITSUIT®'s liability will always be limited to a maximum of € 150,- per event, where a series of events will be classed as one event, unless any such damage can be blamed on an intentional or gross error by SUITSUIT®. SUITSUIT® can never be held liable for any indirect damage or subsequent damage suffered by the Consumer.
9. Cooling-Off Period
9.1 The Consumer is entitled to dissolve the Purchase Agreement with SUITSUIT® within fourteen (14) days after taking delivery of the Product purchased by him, without the need to provide any reasons.
9.2 If the Consumer wishes to dissolve the Purchase Agreement in accordance with article 9.1, the Consumer needs to send an email to SUITSUIT®'s Consumer service department (email@example.com). The Consumer then needs to send the product (after discussions with SUITSUIT®) to a return address provided by SUITSUITÂ® within fourteen (14) days after dissolution of the agreement.
9.3 Should the Consumer have already provided payment at the time when he dissolves the Purchase Agreement with SUITSUIT® in accordance with articles 9.1 and 9.2, SUITSUIT® will need to return such payments as soon as possible and in any case within thirty (30 days) after the dissolution, after deducting any costs incurred by SUITSUIT® in connection with administration and returns processes, to a credit card number indicated by the Consumer, or by transferring the said amount to a bank account number provided by the Consumer, providing the Consumer has provided all the correct and complete information in a timely fashion.
9.4 SUITSUIT® reserves the right to refuse a returned Product or to only credit part of the paid purchase price, if it is suspected that the Product has obviously been used and is no longer in perfect condition.
9.5 If a Product is returned which has been damaged as a result of the Consumer's actions or neglect, SUITSUIT® will notify the Consumer of such a situation by email. SUITSUIT® is entitled to deduct any reduction of value of the product as a result of this damage when reimbursing the Consumer.
10.1 SUITSUIT® offers a twelve-month guarantee against material and/or manufacturing defects that can cause problems with normal use. The guarantee does not apply in the following cases:
(a) If changes have been made to the product, including repairs not performed by us
(b) If the original proof of purchase (order confirmation via email) cannot be provided, has been changed or made illegible
(c) If the defect or damage is the result of inappropriate or ill-considered use
(d) If the defect or damage is the result of exterior causes
(e) If the defect or damage is the result of intentional mistreatment, gross negligence or careless use and maintenance
(f) If it concerns wear and tear as a result of normal use.
10.2 Should the Consumer request either a repair or replacement of a faulty Product from SUITSUIT®, SUITSUIT® can choose between providing the Consumer with a replacement or reimbursing the Consumer with the full purchase price paid. The Consumer needs to return the Product to SUITSUIT® at the same time as the request for repair or replacement. The costs of sending products to SUITSUIT® are always for the sender's account. Packages sent under 'postage costs payable by recipient' will not be accepted and returned to sender. Repairs not covered by the terms of guarantee or that are performed on the customer's account are returned 'Cash on Delivery'.
11. Consumer Service
11.1 Any possible complaints in connection with the delivery or quality of the Product will be dealt with by SUITSUIT®'s Consumer service department. SUITSUIT® will do its best to rectify any possible complaint as soon as possible and inform the Consumer accordingly either by telephone or email.
11.2 SUITSUIT®'s Consumer service team can be contacted as follows:
SUITSUIT® Consumer Service Department
3762 EC Soest
Tel: +31 (0)35 54 29 125
12. Personal Information
12.1 The Consumer guarantees that he provides the correct name, address and other information requested by SUITSUIT® when filling in the information form.
12.2 The personal information provided by the Consumer will be included in a database. This information will be used for implementing the Purchase Agreement entered into with the Consumer.
12.3 In case the Consumer has indicated he wishes to receive the newsletter on the Website/per e- mail, the Consumer information will also be used to keep the Consumer informed of other SUITSUIT® products or services.
12.4 SUITSUIT® is entitled to process personal information in relation to Consumer visits to, or use of, the Website and other possible SUITSUIT® services. SUITSUIT® will use this information to optimize its Website and to enable them to provide custom made products or services to its Consumer.
12.5 The Consumer can request the personal information provided at any time or ask for these to be changed by sending an email to SUITSUIT®'s Consumer service team.
12.6 SUITSUIT® is legally obliged to send all orders and notifications to the address provided by the Consumer, until such time as the Consumer has provided SUITSUIT®'s Consumer service department with written or email confirmation of a new address.
13. Recall obligation
13.1 The Consumer is obligated to cooperate with a recall of Products, instigated by SUITSUIT®, even in case the Costumer has provided the Products to a third party. Possible damages will be indemnified by SUITSUIT® at the very most for the amount which the Consumer has paid for the Product.
14.1 Communication between the Consumer and SUITSUIT® takes place electronically, unless otherwise noted in the General Terms and/or the Purchase Agreement. The version of communication stored by SUITSUIT® counts as proof thereof, unless proved otherwise by the Costumer. Electronical communication is deemed to be received on the day and hour of transmission, unless proved otherwise by the receiver. In case the communication has not been received or has been received too late, due to transmission and/or accessibility problems to the email box of Consumer, the risk of said non-receipt or delay will be for Consumer.
14.2 SUITSUIT® provides the General Terms prior to engaging into the Purchase Agreement to Consumer. Consumer is responsible for recording and printing the General Terms and the Purchase Agreement, if desired.
15. Intellectual Property
15.1 All intellectual property rights in relation to the products, including, but not limited to, author's rights and model rights, lie with SUITSUIT® and it is not allowed to either wholly or partially copy, make public or imitate the products without the expressed prior written consent from the legal owner(s).
15.2 The name and SUITSUIT® logo are registered trademarks. The shape and model of the Product have been registered worldwide.
16. Applicable Law and Disputes
16.1 Dutch law is exclusively applicable to the General Conditions, the Purchase Agreement and all other legal connections between the Consumer and SUITSUIT®, excluding the Vienna Convention of Treaties.
16.2 The Dutch judge has legal power in all disputes between the Consumer and SUITSUIT® which cannot be resolved out of court.
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