General Terms and Conditions PickPocket Wear

 

E-mail: contact@pickpocketwear.nl

Website: pickpocketwear.nl

Address: Uilenstede 43 1183AB Amstelveen

KVK: 87855429

 

Definitions

 

1. PickPocket Wear: PickPocket Wear, established in Amstelveen under Chamber of Commerce number 87855429.
2. Customer: the person with whom PickPocket Wear has entered into an agreement.
3. Parties: PickPocket Wear and the customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

 

Applicability of General Terms and Conditions

 

1. These terms and conditions apply to all quotes, offers, services, orders, agreements, and deliveries of services or products by or on behalf of PickPocket Wear.
2. Parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
3. The parties expressly exclude the applicability of any supplementary and/or deviating general terms and conditions of the customer or third parties.

 

Prices

 

1. All prices used by PickPocket Wear are in euros, include VAT, and exclude any other costs such as administration fees, other taxes, and travel, shipping, or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. PickPocket Wear reserves the right to change all prices used by PickPocket Wear for its products, on its website, or otherwise disclosed.
3. Increases in the cost of products or parts thereof that PickPocket Wear could not foresee at the time the offer was made, or the agreement was concluded may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

 

Samples and models

 

If the customer has received a sample or model of a product, they cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

 

Payment and Payment Terms

 

1. PickPocket Wear may request a down payment of up to 50% of the agreed amount upon entering into the agreement.
2. The customer must make payments in arrears within 7 days of delivery.
3. Payment terms are considered strict deadlines. This means that if the customer has not paid the agreed amount by the last day of the payment term, they are legally in default, without PickPocket Wear being required to send the customer a reminder or give notice of default.
4. PickPocket Wear reserves the right to make delivery conditional on immediate payment or to demand security for the total amount of the services or products.

 

Consequences of Late Payment

 

1. If the customer fails to pay within the agreed term, PickPocket Wear is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the date the customer is in default, with part of a month being considered a full month.
2. If the customer is in default, they are also liable to pay extrajudicial collection costs and any compensation to PickPocket Wear.
3. The collection costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs.
4. If the customer fails to pay on time, PickPocket Wear may suspend its obligations until the customer has fulfilled their payment obligation.
5. In the event of liquidation, bankruptcy, seizure, or suspension of payments on the part of the customer, PickPocket Wear's claims against the customer are immediately due and payable.
6. If the customer refuses to cooperate with PickPocket Wear in fulfilling the agreement, they are still obligated to pay the agreed price to PickPocket Wear.

 

Right of Complaint

 

 

1. As soon as the customer is in default, PickPocket Wear is entitled to invoke the right of complaint regarding the unpaid products delivered to the customer.
2. PickPocket Wear invokes the right of complaint by means of a written or electronic notification.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to PickPocket Wear, unless the parties make other arrangements.
4. The costs of retrieving or returning the products are borne by the customer.

 

Right of Withdrawal

 

1. A consumer can cancel an online purchase within 14 days without giving a reason, provided that:

- the product has not been used

- it is not a product that can spoil quickly, such as food or flowers

- it is not a product specifically designed for

- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)

- the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)

- the product or service does not concern accommodation, travel, restaurant business, transport, catering order, or a form of leisure activity

- the product is not a separate magazine or newspaper

- the consumer has not waived their right of withdrawal

2. The 14-day cooling-off period referred to in paragraph 1 commences:

- on the day after the consumer has received the last product or part of a single order

- as soon as the consumer has confirmed that they will purchase digital content online

3. The consumer can notify their right of withdrawal via contact@pickpocketwear.nl, if desired using the withdrawal form that can be downloaded from the PickPocket Wear website, pickpocketwear.nl.
4. The consumer is obligated to return the product to PickPocket Wear within 14 days of notifying them of their right of withdrawal. Failure to do so will void their right of withdrawal.

 

Reimbursement of Shipping Costs

 

1. If the consumer has exercised their right of withdrawal in a timely manner and, as a result, returned the entire order to PickPocket Wear in a timely manner, PickPocket Wear will refund any shipping costs paid by the consumer within 14 days of receiving the order returned in full and on time.
2. PickPocket Wear will only bear the shipping costs if the entire order is returned.

 

Reimbursement of Return Shipping Costs

 

If the consumer exercises their right of withdrawal and returns the entire order in a timely manner, the costs of returning the entire order will be borne by the consumer.

 

Right of Suspension

 

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

 

Right of Retention

 

1. PickPocket Wear may invoke its right of retention and, in that case, retain the customer's products until the customer has paid all outstanding invoices to PickPocket Wear, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies to previous agreements from which the customer still owes payments to PickPocket Wear.
3. PickPocket Wear is never liable for any damage the customer may suffer as a result of exercising its right of retention.

 

Setoff

 

Unless the customer is a consumer, the customer waives the right to offset a debt to PickPocket Wear against a claim against PickPocket Wear.

 

Retention of Title

 

1. PickPocket Wear retains ownership of all delivered products until the customer has fully fulfilled all payment obligations to PickPocket Wear under any agreement concluded with PickPocket Wear, including claims arising from non-performance.
2. Until then, PickPocket Wear may invoke its retention of title and repossess the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate, or otherwise encumber the products.
4. If PickPocket Wear invokes its retention of title, the agreement will be deemed terminated and PickPocket Wear will be entitled to claim damages, lost profits, and interest.

 

Delivery

 

1. Delivery will take place while supplies last.
2. Delivery will take place at PickPocket Wear, unless the parties have agreed otherwise.
3. Delivery of products ordered online will take place at the address specified by the customer.
4. If the agreed amounts are not paid or not paid on time, PickPocket Wear has the right to suspend its obligations until the agreed portion has been paid.
5. Late payment constitutes default by the creditor, with the result that the customer cannot object to PickPocket Wear for a late delivery.

 

Delivery Time

 

1. The delivery times specified by PickPocket Wear are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time commences when the customer has fully completed the (online) ordering process and has received an (online) confirmation from PickPocket Wear.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to cancel the agreement, unless PickPocket Wear cannot deliver or part within 14 days of receiving a written reminder.

 

Actual delivery

 

The customer must ensure that the products ordered are delivered on time.

 

Transport Costs

 

Transport costs are the responsibility of the customer, unless the parties have agreed otherwise.

 

Packaging and shipping

 

1. If the packaging of a delivered product is opened or damaged, the customer must have the carrier or delivery person make a note of this before accepting the product. Failure to do so will result in PickPocket Wear being held liable for any damage.
2. If the customer arranges for the transport of a product themselves, they must report any visible damage to the products or packaging to PickPocket Wear prior to transport. Failure to do so will result in PickPocket Wear being held liable for any damage.

 

Storage

 

1. If the customer accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely borne by the customer.
2. Any additional costs resulting from premature or late acceptance of products are the sole responsibility of the customer.

 

Warranty

 

1. The warranty on products applies exclusively to defects caused by defective manufacturing, construction, or materials.
2. The warranty does not apply to normal wear and tear and damage resulting from accidents, modifications to the product, negligence, or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties passes to the customer at the time they are legally and/or physically delivered, or at the time they come into the possession of the customer or a third party who receives the product on behalf of the customer. 

 

Exchanges

 

1. Exchanges of purchased items are only possible if the following conditions are met:

- Exchanges must be made within 21 days of purchase upon presentation of the original invoice

- The product must be returned in its undamaged original packaging or with the original (price) tags still attached

- The product has not yet been used

2. Discounted items, non-perishable items such as groceries, custom-made items, or items specially adapted for the customer, and boxers in opened packaging cannot be exchanged.

 

Indemnification

 

The customer indemnifies PickPocket Wear against all third-party claims related to the products and/or services supplied by PickPocket Wear.

 

Complaints

 

1. The customer must inspect a product or service supplied by PickPocket Wear as soon as possible for any deficiencies.
2. If a delivered product or service does not meet the customer's reasonable expectations under the agreement, the customer must notify PickPocket Wear as soon as possible, but in any case within one month of discovering the deficiencies.
3. Consumers must notify PickPocket Wear no later than two months after discovering the deficiencies.
4. The customer must provide a detailed description of the deficiency so that PickPocket Wear can respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this cannot, in any case, result in PickPocket Wear being required to perform work other than that agreed upon.

 

 

Notice of Default

 

1. The customer must notify PickPocket Wear of any notice of default in writing.
2. It is the customer's responsibility to ensure that a notice of default actually reaches PickPocket Wear (in a timely manner).

 

Joint and Several Liability of the Customer

 

If PickPocket Wear enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to PickPocket Wear under that agreement.

 

PickPocket Wear Liability

 

1. PickPocket Wear is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
2. If PickPocket Wear is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
3. PickPocket Wear is never liable for indirect damage, such as consequential damage, lost profits, lost savings, or damage to third parties.
4. If PickPocket Wear is liable, this liability is limited to the amount paid by a closed (subject to the agreement) agreement.

(Oops) liability insurance will be paid out, and in the absence of (full) payment of the damages by an insurance company, liability is limited to the (part of the) invoice amount to which the liability relates.

5. All images, photos, colors, drawings, and descriptions on the website or in a catalog are for indicative purposes only and are approximate only. They cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

 

Expiration Period

 

Any right of the customer to compensation from PickPocket Wear expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

 

Right of Termination

 

1. The customer has the right to terminate the agreement if PickPocket Wear is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.
2. If PickPocket Wear is unable to fulfill its obligations permanently or temporarily, termination can only take place after PickPocket Wear is in default.
3. PickPocket Wear has the right to terminate the agreement with the customer if the customer fails to fulfill their obligations under the agreement in full or in a timely manner, or if PickPocket Wear becomes aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfill their obligations.

 

Force Majeure

 

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, PickPocket Wear cannot be held responsible for any failure to fulfill any obligation to the customer in a situation beyond its control, which prevents PickPocket Wear from fulfilling its obligations to the customer in whole or in part, or which makes fulfillment of its obligations unreasonably impossible for PickPocket Wear.
2.  The force majeure situation referred to in paragraph 1 also includes, but is not limited to: emergency situations (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure by suppliers, delivery personnel, or other third parties; unexpected power, electricity, internet, computer, and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages.
3. If a force majeure situation occurs that prevents PickPocket Wear from fulfilling one or more obligations to the customer, those obligations will be suspended until PickPocket Wear can fulfill them again.
4. From the moment a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing, in whole or in part. 
5. In a force majeure situation, PickPocket Wear is not liable for any compensation (for damages), even if it derives any benefit from the force majeure situation.

 

Amendments to the Agreement

 

1. If, after the conclusion of the agreement, it appears necessary to amend or supplement its content for its performance, the parties will amend the agreement accordingly in a timely manner and by mutual agreement.
2. The preceding paragraph does not apply to products purchased in a physical store.

 

Amendments to the General Terms and Conditions

 

1. PickPocket Wear is entitled to amend or supplement these General Terms and Conditions.
2. Minor changes can be implemented at any time.
3. PickPocket Wear will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to terminate the agreement in the event of a material change to the General Terms and Conditions.

 

Transfer of Rights

 

1. The customer's rights arising from an agreement between the parties cannot be transferred to third parties without the prior written consent of PickPocket Wear.
2. This provision applies as a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

 

Consequences of Nullity or Voidability

 

1. If one or more provisions of these terms and conditions prove to be null and void or voidable, this will not affect the remaining provisions of these terms and conditions.
2. A provision that is null and void or voidable will be replaced by a provision that comes closest to what PickPocket Wear intended when drafting the terms and conditions.

 

Applicable Law and Jurisdiction

 

1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where PickPocket Wear is established / practices / has jurisdiction

 

Issued 12 december 2022.