Van Hulley Terms and Conditions*
*These Terms and Conditions are a translation from the original Dutch version. Please note that the Dutch version is applicable if any inconsistencies due to translation should arrise.
Article 1. Applicability of these conditions
1.1 All offers, orders and agreements of Van Hulley BV in Groningen Chamber of Commerce number 56.205.872, hereinafter: Van Hulley, these Terms and Conditions (the Conditions) apply.
1.2 Accepting an offer or placing an order means that you accept the applicability of these Conditions.
1.3 The provisions can be done in writing in these conditions, in which case the remaining provisions shall remain in force.
1.4 All rights and claims, as in these conditions and any further agreements on behalf of Van Hulley are made, are also stipulated for by Van Hulley intermediaries and other third parties.
Article 2. Offers / agreements
2.1 The contract is subject to the provisions of paragraph 3, concluded at the time of your acceptance of the offer and meet the corresponding conditions.
2.2 Van Hulley immediately confirms receipt of acceptance of the offer.
2.3 Van Hulley is entitled to refuse orders or attach certain conditions to the delivery. If an order is not accepted, Van Hulley shares without giving any reason this within ten (10) days after receipt of the order.
2.4 Van Hulley is entitled to change the content of these Terms and Conditions. Changes will be announced on the website and join fourteen (14) days after such publication or on another date specified in the announcement.
Article 3. Prices and payments
3.1 When you have placed an order and/or if an agreement with Van Hulley has been established, you must pay the price indicated for the product or service. The Van Hulley indicated prices for the products and services offered are in euros, including VAT and excluding shipping, taxes or other charges unless stated otherwise or agreed in writing.
3.2 Payment must be made in (one of) the way(s) indicated during the ordering process. Your order may be subject to further (payment / order) conditions. When paying by bank or giro the date of payment is the date of crediting the giro or bank account of Van Hulley.
3.3 Payment must be made within fourteen (14) days after the invoice date for deliveries within the Netherlands, and within twentyone (21) days after the invoice date for deliveries outside the Netherlands, unless otherwise agreed in writing.
3.4 In case of partial payment within the stipulated payment you are in default without further notice from the day that payment should have been fullfilled. You are from that day on the outstanding amount of the statutory interest as well as collection costs, which fifteen percent (15%) of the total outstanding amount, with a minimum of EUR 40, -.
3.5 If you are in default on any payment, Van Hulley is entitled to suspend or dissolve (the implementation of) the agreement and related agreements.
3.6 Hulley expressly reserves the right to change prices, especially when necessary on the basis of (legal) regulations.
3.7 If the prices for the products and services increase in the period between the order and its execution, Van Hulley is entitled to increase the prices. Then you are entitled to cancel the order or dissolve the agreement within ten (10) days after notice of the increase by Van Hulley.
Article 4. Delivery
1.4 As far as the production of tailor-made boxer shorts, the indicative delivery times specified by Van Hulley. Late delivery, you give up any right to compensation or the right to cancel your order or to terminate the agreement, unless the delay in delivery is such that you can not reasonably expect you to maintain the agreement . You are then entitled to cancel the order or terminate the agreement if necessary.
4.2 The place of delivery is the address is that you have indicated to Van Hulley.
Article 5. Retention
5.1 The ownership of products is transferred only when you have paid all you owe on the agreement to Van Hulley. The risk in respect of the products at the time of delivery is yours.
Article 6. Intellectual and industrial property
6.1 All intellectual and industrial property rights that rest on the products delivered by Van Hulley are to be fully and unconditionally respected. 6.2 Van Hulley does not guarantee that the delivered products do not infringe any (unwritten) intellectual and / or industrial property of third parties.
Article 7. Additional provisions
7.1. In order to be able to produce a Van Hulley boxer shorts, the shirt has to be of sufficient quality. Van Hulley is free to decide whether the submitted shirt is of sufficient quality to make boxer shorts. If that is not the case, Van Hulley refunds the payment made by you within eight days of receipt of the shirt and Van Hulley will send back the shirt upon your request.
7.2 Van Hulley accepts no responsibility for the quality of the shirt that you submit. If Van Hulley proceeds to the production of the boxers Van Hulley has an obligation to you. Van Hulley will execute the order made by you to the best of its ability and thereby exercise all due care to the boxers of the highest possible quality. Since they are not responsible for the quality of the delivered shirts Van Hulley can not be held liable for any errors or inaccuracies resulting from the material supplied.
7.3 You have the obligation to examine whether the products meet the agreement upon delivery. If this is not the case, Van Hulley should as soon as possible and in any case within seven (7) days after the delivery, or after observation reasonably possible, be informed in writing and motivated.
If it is demonstrated that the products do not meet the agreement, subject to paragraph 1, 2 and 3 of this article, Van Hulley can choose to replace the products upon their return by new products or to refund the invoice value.
7.4 If you order a product that for whatever reason you do not wish to purchase, you have the right to return the product within seven (7) days after delivery to Van Hulley. Returns are only accepted if the packaging of the product is undamaged. The costs for returns are at your expense. This provision does not apply to the product of a shirt sent in by yourself.
Article 8. Liability
8.1 If you unexpectedly may suffer damage by any failure to implement the agreement, Van Hulley is liable for direct damage only. Van Hulley's liability is thereby limited to the invoice value of the order.
Article 9. Orders / communication
9.1 For misunderstanding, delays or transmission of orders and messages resulting from the use of Internet or other communication between you and Van Hulley, or between Van Hulley and others, as it relates to the relationship between you and Van Hulley, Van Hulley is not liable unless and to the extent there might be intentional or gross negligence of Van Hulley.
Article 10. Force Majeure
10.1 Without prejudice to its other rights, Van Hulley in case of force majeure the right, at its option, the execution of your order to suspend or terminate the agreement without judicial intervention in writing by you along parts of Hulley and without being liable for any compensation, unless this would be unacceptable in the circumstances to standards of reasonableness and fairness.
10.2 Force majeure is defined as any failure that can not be attributed to Van Hulley, because it is not due to her fault and not under the law, legal act or generally accepted traffic for its account.
Article 11. Miscellaneous
11.1 If you writing to Van Hulley an address, Van Hulley entitled to that address to send all orders, unless you notify in writing from Hulley of another address to which your orders should be sent.
11.2 If one or more provisions of these Terms or any other agreement with Van Hulley are in conflict with any applicable provision, the relevant provision will lapse and will be replaced by a to be determined by Van Hulley new legally permissible similar provision.
11.3 Van Hulley is competent in the execution of your order(s) use of third parties.
Article 12. Governing Law and Jurisdiction
12.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, including these conditions, only Dutch law.
12.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.