Terms and Conditions
General terms and conditions of sales, delivery and payment of Vitruvian Denim.
Article 1. Definitions In these general terms and conditions the following terms have the meaning given:
1.1 Customer: the natural person not acting in the context of his or her profession or business, who orders a product of Vitruvian Denim through the Website.
1.2 Vitruvian Denim: place of business in Terneuzen, Chamber of Commerce no. 77482891
1.3 Parties: Vitruvian Denim and the Customer jointly.
1.4 Product: a product offered for sale on the Website by Vitruvian Denim.
1.5 Order: an order placed by the Customer for one or more Products in accordance with the ordering procedure described in Article 3.
1.6 Purchase price: the price of a Product stated on the website (including VAT and shipping).
1.7 Agreement: an Order accepted by Vitruvian Denim.
1.8 Delivery: the time when the product is delivered at the delivery address specified by the Customer by a carrier designated by Vitruvian Denim.
1.9 Website: the website http://www.vitruvian-Denim.com
Article 2. General/application
2.1 These general terms and conditions apply to all offers on the Website, the Orders placed through the Website and the Agreements concluded through the Website between Vitruvian Denim and the Customer, to the exclusion of any other terms and conditions.
2.2 Additions to and deviations from these general terms and conditions shall only be valid if they have been explicitly agreed by the Parties in writing.
2.3 If one (or more) article(s) of these general terms and conditions is/are declared invalid, it/they shall be replaced by (a) new, comparable provisions to be determined by Vitruvian Denim and the remaining provisions of the general terms and conditions shall remain in full force.
2.4 The general terms and conditions may be amended by Vitruvian Denim at any time. Vitruvian Denim will post the latest version of the general terms and conditions on its website. If the Customer is unable to consult the general terms and conditions through the Website, Vitruvian Denim will send the general terms and conditions to the Customer on request.
2.5 Vitruvian Denim may at all times subcontract the Agreement concluded with the Customer partly or in full to a third party or third parties.
Article 3. Offer/acceptance
3.1 By placing an order with Vitruvian Denim through the Website, which includes checking the appropriate field on the Website to “accept the terms and conditions,” the Customer confirms acceptance of the content of these general terms and conditions and the Agreement is formed. The privacy statement and disclaimer on the Website form part of the Agreement.
3.2 The ordering procedure is as follows. The Customer: (i) selects the desired Product and adds it to his/her shopping basket, (ii) enters his/her personal data, (iii) (if the delivery address is not identical to the specified address) enters the delivery address, (iv) selects one of the payment options on the Website, (v) checks his/her order, (vi) checks “I accept” for the general terms and conditions, (vii) pays the Purchase Price in advance.
3.3 The Customer receives a confirmation from Vitruvian Denim of the formation of the Agreement by e-mail. Vitruvian Denim will retain the Agreement for 1 year.
3.4 Vitruvian Denim reserves the right not to accept the order if (among others): (i) the value of the Order, determined at the discretion of Vitruvian Denim, is an excessive amount (ii) the information entered by the Customer is incomplete, (iii) the delivery address is outside the Netherlands.
3.5 If Vitruvian Denim has not accepted the Order on the grounds described in Article 3.4, it will repay the Purchase Price paid by the Customer for the relevant Product into the account number specified by the Customer as soon as possible, but not later than within 30 days.
Article 4. Prices
4.1 The prices stated with the Products are in Euros and inclusive of VAT and other levies imposed by the authorities. Shipping costs are charged per Agreement.
4.2 The shipping costs passed on by Vitruvian Denim to the Customer can be found in the overview on the website. The total Purchase Price is shown when the Order has been placed and the Agreement has been confirmed.
4.3 Promotional prices are only valid for a specific period and only while supplies last.
4.4 Vitruvian Denim explicitly reserves the right to modify its prices. The prices stated at the time when an Order is placed are the prices that form part of the Agreement.
4.5 Vitruvian Denim is not bound to price indications which are evidently incorrect, for example those of which the Customer ought to understand that they contain an apparent or typing error.
Article 5. Payment
5.1 Payment by the Customer to Vitruvian Denim shall take place in advance by selecting one of the payment options displayed on the Website.
Article 6. Delivery
6.1 The place of delivery is the address specified by the Customer for Vitruvian Denim. Delivery shall take place by a carrier designated by Vitruvian Denim.
6.2 After the Agreement is concluded, Vitruvian Denim will ship the Product to the address specified by the Customer as soon as possible but not later than fourteen days after Vitruvian Denim has received the Purchase Price in full, unless a longer delivery time has been agreed upon.
6.3 The delivery time stated by Vitruvian Denim shall never constitute a deadline. Late delivery shall not entitle the Customer to compensation. If the delivery is delayed or if an Order cannot or only partially be carried out, the Customer will be notified of this within 14 days after the formation of the Agreement. In that case the Customer is authorised to terminate the Agreement at no expense.
6.4 Products will be shipped to alles countries mentioned on the website.
Article 7. Retention of title, risk
7.1 The ownership of the Product delivered by Vitruvian Denim shall not be transferred to the Customer until the Customer has paid the Purchase Price to Vitruvian Denim and it has been received by Vitruvian Denim by means of transfer to its bank account.
7.2 The risk in respect of damage or loss of the Product shall pass to the Customer when the Product is delivered to the Customer.
Article 8. Intellectual property rights
8.1 All brands, signs, models, designs, logos, labels etc. displayed on the Product or otherwise related to the Product are the property of Vitruvian Denim or one or more of its affiliated companies, irrespective of whether they are protected by intellectual or industrial property rights or not. The Customer acknowledges the aforementioned property rights of Vitruvian Denim and shall not use these rights in any way and the Customer shall refrain from any conduct that could damage or otherwise adversely affect such rights.
Article 9. Right of revocation
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us Vitruvian Denim official webshop, Tjalk 4, 4533 JK Terneuzen or email@example.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired. Effects of cancellation If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Article 10. Liability
10.1 Vitruvian Denim will not be liable to the Customer for any damage whatsoever, including any direct, indirect, consequential and incidental damage suffered by the Customer because of the Agreement, except where the provisions of Article
10.2 and/or Article 10.3 apply. 10.2 The liability of Vitruvian Denim due to an attributable failure in the fulfilment of the Agreement or for any other reason shall always be limited to compensation of the damage up to the amount of the Purchase Price of the Product.
10.3 The liability of Vitruvian Denim for damage due to death or personal injury is limited to an amount of € 2.500.000,- per claim or series of related events.
10.4 The exclusions and limitations referred to in Articles 10.1 to 10.3 (incl.) shall be cancelled if and insofar as the damage is the consequence of gross negligence or intention on the part of Vitruvian Denim.
Article 11. Complaints
11.1 Contact data of Vitruvian Denim Customer Service, Customer Service, firstname.lastname@example.org
11.2 The Customer must check if the Product complies with the Agreement immediately after receiving the Product. Any defects must be reported to Vitruvian Denim in writing, stating reasons, not later than within two weeks after delivery.
11.3 Complaints regarding the delivery or quality of the Product purchased by the Customer from Vitruvian Denim are handled by the Customer Service department of Vitruvian Denim.
11.4 Complaints received will be responded to within a period of 14 days after receipt. If the handling of a complaint is expected to take considerably longer, Vitruvian Denim will notify the Customer of this within 14 days, stating the time period within which the Customer may expect a response.
Article 12. Force majeure
12.1 If Vitruvian Denim is prevented from fulfilling its obligations arising from the Agreement because of circumstances not attributable to Vitruvian Denim, because they are not caused by Vitruvian Denim and are not for its account under the law, a legal act or generally accepted standards such as - but not limited to - war, threat of war, fire, transport problems, earthquake, strike, bankruptcy of the third parties engaged by Vitruvian Denim, a delay in the supply of products provided by third parties, Vitruvian Denim is authorised to perform the Agreement at a time to be further specified, or if compliance is no longer possible within a reasonable period, terminate the Agreement or part thereof.
12.2 Vitruvian Denim will not be liable to pay any compensation in circumstances such as those referred to in paragraph 1 of this Article.
Article 13: Conformity
13.1 Vitruvian Denim warrants that the Product complies with the Agreement.
13.2 The Customer acknowledges that minor deviations and/or deviations deemed permissible in trade or deviations that are technically difficult to avoid, in size, quality, finishing, colour etc. with regard to the Product cannot or hardly be avoided and do not constitute a valid reason to submit a complaint as referred to in Article 11.
13.3 The Customer also acknowledges that the fact that certain products have been removed from the range of products is not a valid reason to submit a complaint as referred to in Article 11.
13.4 Vitruvian Denim shall not be held liable for damage suffered by the Customer because of complaints as described in Articles 13.2 and 13.3.
Article 14. Privacy
Article 15. Applicable law/competent court
15.1 The agreement between Vitruvian Denim and the Customer is exclusively governed by Dutch law. The applicability of the Vienna Sales Convention and/or other international conventions regarding the sale of goods is explicitly excluded.
15.2 Disputes between Vitruvian Denim and the Customer shall exclusively be submitted to the competent court in Middelburg.