Terms and conditions
<p>The following terms and conditions apply to the use of this website and all purchases made through it.</p>
Terms & Conditions
Article 1: Introduction
1.2 By using this website or placing an order through it, you are consenting to be bound by these Terms. If you do not agree to all of the Terms, do not use this website. These Terms may be amended. It is your responsibility to regularly read through them, as the Terms in force at the time that you use this website or at the time of the formation of the contract (as defined below) shall be the applicable ones.
1.3 By purchasing any product from this website, you enter into a contract with us on these terms.
Article 2: Our details
2.1 For sale of items through this website, your contract is with Bertels B.V., which is a Dutch company registered at the Dutch Chamber of Commerce under number 13043081 and with VAT-number NL807993724B01 with its registered office at Ommelpad 2, 6035 PC Ospel. ("us"/"we"/"our"). Bertels B.V. operates this website under the name Plagron Streetwear Store.
Article 3: Your details and your visits to this website
3.1 The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of such information and details and you confirm that all information and details provided are true, accurate and up to date.
Article 4: Use of our website
4.1 By using this website and/or by placing any order through it, you agree that:
- You may only use the website to make legitimate enquiries or orders.
- You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities.
- You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary.
- By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
Article 5: How the contract is formed
5.1 The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any items shall exist between us and you until your order has been accepted by us.
5.2 To place an order, you must follow the online purchase procedure and press “Checkout”. After you have done so, you will receive an email confirming your order (“Order confirmation”). You will be notified by email that your order has been dispatched (“Shipping confirmation”).
Article 6: Refusal of order
6.1 We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to authorise payments submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time.
6.2 We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
Article 7: Delivery
7.1 Subject to availability and unless there are any exceptional circumstances, we will endeavour to fulfil your order by the delivery date set out in the Shipment Confirmation. If no estimated delivery date is specified, then this will be in the estimated timeframe indicated when selecting the delivery method.
7.2 For the purpose of these Terms "delivery" or "delivered" shall be deemed to have occurred upon you or a third party nominated by you acquiring physical possession of the items, which will be evidenced by signing for the receipt of the items at the agreed delivery address.
Article 8: Risk and title
8.1 The Items will be at your risk from the time of delivery. Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery whichever is the later.
Article 9: Price and payment
9.1 The price of any items will be as quoted on our website from time to time, except in cases of obvious error. While we try to ensure that all prices on the website are accurate, errors may occur.
9.2 We are under no obligation to provide the item(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect price. The prices on the website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Shopping Guide.
9.3 Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.
9.4 Once you have finished shopping, all the items you wish to purchase are added to your basket, and your next step will be to process the order and make payment. To do this you must follow the steps of the order process including filling out and verifying the information requested in each step. The order process allows you to check any errors before submitting your order to us.
9.5 Payment can be made by iDeal, Bancontact, Paypal en creditcard (MasterCard, Maestro, Visa en V Pay). You can also pay with KBC, CBC, GiroPay and EPS.
Article 10: Value added tax
10.1 All purchases made through the web site are subject to the statutory Value Added Tax (VAT). The prices displayed on this website include VAT.
Article 11: Right of withdrawal
11.1 You have the right to withdraw from your order within 14 days, without giving any reason. The withdrawal period is counted from the day of the delivery of the last item(s) in your order.
11.2 If the right of withdrawal period of 14 days ends on a Saturday, Sunday or national holiday, it will be moved to the next working day.
11.3 To meet the withdrawal deadline, it is sufficient for you to let us know about your decision to withdraw from your order before the withdrawal period has expired. You may also use the model cancellation form as set out in the Appendix to these terms.
11.4 We will refund all payments received from you, including the costs of our standard delivery option to the original delivery address, without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw. We will use the same means of payment that you used to pay for your order and this will not cause you any extra fees.
11.5 We may withhold the refund until we have received the items back, or you have supplied evidence of having sent back the items, whichever is the earlier.
11.6 You must send back the items or hand them over to us without undue delay, and in any event no later than 14 days from the day on which we are informed about your decision to withdraw.
11.7 Your right to withdrawal only applies to products that are returned in the same condition as You received them. You should take good and reasonable care of the products whilst in your possession, and where possible original boxes, instructions/documents and wrappings should be retained and used for the return of the products. If the product(s) are used incorrectly, any depreciation will be charged pro rata.
11.8 Due to hygienic reasons, we cannot accept returns of underwear of which the original packaging has been opened.
11.9 You will be responsible for the cost of returning the product to us. In the case if you return the goods to us at our expense and you are the one who takes care of the transport of the returned goods, we do not accept any risk with regard to the product and/or the products themselves.
11.10 In case of existence of any defect, defective products will be refunded in full, including a refund of the delivery charges and any reasonable costs incurred by you in returning the item.
11.11 This provision does not affect your statutory rights as a consumer in accordance with the European Regulations 2011/83/EU.
11.12 If you have any questions you can contact us through our web form or via firstname.lastname@example.org.
Article 12: Liability and disclaimers
12.1 Our liability in connection with any item purchased through this website is strictly limited to the purchase price of that item. Nothing in these Terms shall exclude or limit in any way our liability:
- For death or personal injury caused by our negligence;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
12.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.3 We are not liable for business losses. We only supply the items for domestic and private use. If you use the items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
12.5 We warrant to you that any item purchased from us through this website is of satisfactory quality and reasonably fit for all of the purposes for which items of the kind are commonly supplied.
12.6 Items sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed item. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
Article 13: Intellectual property
13.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
Article 14: Links from our website
14.1 We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
Article 15: Transfer of rights and obligations
15.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
Article 16: Force majeure
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Article 17: Severability
17.1 If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Article 18: Our right to vary these terms
18.1 We have the right to revise and amend these Terms from time to time. You will be subject to the policies, Terms in force at the time that you order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
Article 19: Law and jurisdiction
19.1 The use of our website and the Contracts for the purchase of items through such website will be governed by Dutch law. Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the courts in The Netherlands. If you are contracting as a consumer, nothing in this clause will affect your statutory rights as such.
APPENDIX I: model withdrawal form
Model withdrawal form
(Only complete and return this form if you wish to withdraw from the contract.)
To: Bertels B.V.
6000 GD Weert, Nederland
I / We* hereby give notice that I / we* withdraw from my / our contract of sale of the following goods / for the provision of the following service*,
the delivery of following digital content: [designation digital content]*
the execution of following service: [designation service]*, recall
Ordered on (*)/received on (*) [date ordered for services or date received for products]
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.