Terms of service

DEFINITIONS

Icebird Clothing, established in Nuenen, KvK number 77996569, shall in these general conditions be referred to as seller.

The other party of seller is referred to in these general conditions as buyer.

The parties are the seller and the buyer together.

Agreement means the purchase agreement between the parties.

APPLICABILITY OF GENERAL TERMS AND CONDITIONS

These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.

Deviations from these terms and conditions are only possible if expressly agreed in writing by the parties.

PAYMENT

The full purchase price is always paid immediately. For reservations, in some cases a down payment is expected. In that case the buyer will receive proof of the reservation and prepayment.

If buyer does not pay on time, he is in default. If buyer remains in default, seller is entitled to suspend obligations until buyer has fulfilled his payment obligation.

If buyer remains in default, seller will proceed to collection. The costs related to such collection shall be borne by the buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller’s claims against the buyer shall be immediately due and payable.

If the buyer refuses to cooperate in the execution of the order by the seller, he shall still be obliged to pay the agreed price to the seller.

DELIVERY

Delivery is made “ex factory/shop/warehouse. This means that all costs are for the buyer.

Purchaser is obliged to take delivery of the goods at the moment that vendor delivers them or has them delivered to him, or at the moment at which these goods are made available to him according to the agreement.

If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, the Seller shall be entitled to store the goods at the Buyer’s expense and risk.

If the goods are delivered, Seller shall be entitled to charge any delivery costs.

If the Seller requires information from the Buyer for the performance of the Agreement, the delivery period shall commence after the Buyer has made this information available to the Seller.

A delivery period given by the Seller is indicative. It is never a deadline. If the term is exceeded, the Buyer must give the Seller written notice of default.

The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or the partial delivery has no independent value. In case of delivery in parts the seller is entitled to invoice these parts separately.

GUARANTEES

If guarantees are included in the agreement, the following shall apply. Seller warrants that the goods sold comply with the agreement, that they will function without defects and that they are suitable for the use that purchaser intends to make of them. This warranty shall apply for a period of two calendar years after the purchaser has actually put the goods into use.

The guarantee referred to is intended to create an allocation of risks between the Seller and the Buyer such that the consequences of a breach of guarantee will always be entirely for the Seller’s account and risk and that the Seller can never invoke Section 6:75 of the Dutch Civil Code in respect of a breach of guarantee. The provisions of the previous sentence also apply if the Buyer was aware or could have been aware of the breach by conducting an investigation.

The said guarantee does not apply when the defect has arisen as a result of injudicious or improper use or when – without permission – the Buyer or third parties have made changes or attempted to make changes or have used the purchased item for purposes for which it is not intended.

If the warranty provided by the Seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that producer.

LIABILITY

Any liability for damages arising from or related to the performance of an agreement shall always be limited to the amount paid out in the case in question by the liability insurance(s) taken out. This amount shall be increased by the amount of the excess according to the relevant policy.

Not excluded is the seller’s liability for damage resulting from intent or deliberate recklessness on the part of the seller or its managerial subordinates.