SIGNED BY YOU GENERAL TERMS AND CONDITIONS
Clause 1 Definitions
1. Signed by You, which has its registered office in Amsterdam and is registered with the Dutch Chamber of Commerce with registration number 80315224, shall be referred to as Signed by You in these general terms and conditions.
2.The other party shall be referred to as the Customer in these general terms and conditions.
Clause 2 Applicability of General Terms and Conditions
1. These terms and conditions apply to any offers made and contracts entered into by or on behalf of Signed by You to which she has declared these terms and conditions to apply, unless a variation to these terms and conditions is explicitly agreed in writing.
2. The version of these terms and conditions most recently published at any given time shall apply at that time.
3. Signed by You is entitled to unilaterally change the general terms and conditions if she deems this necessary. In such a case, she will send a new version of the general terms and conditions. If the new version contains a major change that has adverse consequences for the Customer, the Customer has the right to dissolve the contract.
4. The application of any business Customer’s (purchasing) terms and conditions is explicitly excluded.
5. If at any time any one or more provisions in these general terms and conditions should be or become null and void, either in whole or in part, the remaining provisions in these general terms and conditions shall remain fully applicable.
Clause 3 Offer
1. If an offer is of limited validity or is made subject to specific terms and conditions, this shall be explicitly stated.
2. Products will not remain in the shopping cart unless they are ordered immediately, unless otherwise indicated. The price stated at the time of purchase is the valid price.
3. Illustrations of products provide as faithful as possible a representation of the products offered. However, colour deviations may occur depending on the setting of a monitor.
4. Signed by You shall not be bound by an offer she have made if the Customer can reasonably be expected to have understood that the offer, or part of the offer, contains a manifest error or mistake.
5. Although the availability of the products may be indicated on the website, Signed by You cannot guarantee the availability of the product. Signed by You reserves the right to revise an order without liability, discontinue availability of any or all products, or cancel an order.
Clause 4 Contract
1. The contract shall come into effect when the Customer accepts the offer and satisfies the conditions required.
2. If the Customer pays in advance with iDeal the contract is concluded when the invoice is charged. If you select the option of payment after delivery, ownership of the products only transfers to the Customer when payment has been made in full.
3. Signed by You shall confirm that the offer has been accepted by sending an order confirmation by email. Prior to the dispatch of the order, Signed by You may still cancel the order for reasons stated in these terms and conditions.
4. Signed by You shall provide a secure web environment and make appropriate arrangements for electronic payment. Technical and organisational measures will be taken to secure the Customer’s personal data.
Clause 5 Rates and Payments
1. Prices stated in the offer are in euros and include VAT and exclude shipping costs, unless otherwise agreed.
2. Product prices stated in the offer will not be increased during the current contract, other than price changes due to changes in VAT rates, except where these prices are subject to fluctuations in the financial market which are beyond Signed by You's control.
3. If the Customer fails to pay an invoice in good time, the Customer is automatically in default and statutory interest is payable. The interest on the amount due will be calculated from the moment the Customer is in default until the moment of payment of the amount due in full.
4. If the Customer is in default of fulfilling its obligations, all reasonable costs incurred in obtaining payment out of court shall be borne by the Customer.
5.In the event of liquidation, bankruptcy, seizure or suspension of payment of the Customer, the claims of Signed by You shall be immediately due and payable and any licenses already granted shall immediately expire.
Clause 6 Provision of information
1. The Customer will provide all information relevant to the implementation of the contract, including delivery information, to Signed by You in good time.
2. The Customer is responsible for the accuracy, completeness and reliability of the information provided, even if it originates from third parties. Signed by You shall keep all information confidential.
3.The Customer indemnifies Signed by You against any damage or loss arising from failure to comply with the provisions of this clause.
Clause 7 Right to Cancel Purchase
1. A cooling-off period of 14 calendar days applies, during which the Customer may cancel the purchase of products. Signed by You is entitled to ask the Customer about the reason for cancellation, but the Customer is not obliged to give a reason.
2. The cooling-off period starts on the day after the Customer receives the (last) product from the order.
3. If the nature of the products means that they fall within one of the exceptions to the right to cancel a purchase, this will be stated in the product description.
4. The right to cancel a purchase shall not apply to business-to-business contracts.
Clause 8 Obligations in the Event of Cancellation
1. The Customer shall treat the product and the packaging with care during the cooling-off period. The product may only be inspected in the same way as inspection would be permitted in a store. This means that the product may not be worn and original labels may not be removed.
2. The Customer shall be liable for any reduction in value of the product resulting from the product being treated in a way that does not comply with paragraph 1.
3. After receiving notification that the purchase has been cancelled, Signed by You shall send a confirmation of receipt to the Customer.
4. Signed by You shall reimburse payments to the Customer within 14 days after the Customer has informed Signed by You of the cancellation of the purchase.
Clause 9 Exercising the Right to Cancel the Purchase
1. The Customer shall notify Signed by You, in writing, during the cooling-off period that they are exercising their right to cancel the purchase.
2. The Customer shall return the product in its original condition and packaging within 14 days following the notification described in paragraph 1 of this Clause.
3. The burden of proving that the right to cancel has been exercised correctly and in good time rests with the Customer. The Customer must be able to produce evidence that the product has been shipped to Signed by You.
4. The cost of returning the product is payable by the Customer.
5. The right to cancel a purchase does not apply to physical purchases, whether or not made from distributors.
Clause 10 Delivery
1. The delivery address is the address provided by the Customer. Signed by You is not liable for any errors in the delivery information supplied.
2. Signed by You delivers worldwide, unless expressly agreed otherwise.
3. Signed by You aims to dispatch accepted orders within two working days, unless a longer period has been agreed or a product is not in stock.
4.If delivery is delayed, the Customer will be notified as soon as possible. If delivery takes longer than 21 calender days, then the Customer is entitled to rescind the contract at no charge. In the event of rescission, Signed by You will refund the amount paid by the Customer within 14 calendar days.
Clause 11 Force Majeure
1. In the event of force majeure, the parties are entitled to interrupt or reschedule the contract. Situations in which force majeure applies include where the fulfilment of the order is hindered, temporarily or otherwise, by circumstances that cannot reasonably be expected to be within the parties’ control. Examples include illness, accidents, fire, a pandemic or governmental measures.
2. If a situation as described in the first paragraph of this Clause arises, or if other circumstances occur as a result of which the contract can temporarily not be continued, obligations will be suspended as long as the parties are unable to fulfil their obligations. In such a situation, the parties jointly seek a solution, such as rescheduling fulfilment of the order. If this situation continues without an appropriate solution, both parties are entitled to terminate the contract, in writing and without this having the effect of cancelling the contract from the outset. The costs incurred and hours worked up to that point will then become immediately payable on demand.
3. In the event of a business contract, parties are obliged to reschedule fulfilment of the order and the payment obligation remains in effect, unless otherwise agreed.
Clause 12 Liability
1. Signed by You is not liable for any damage/loss arising from this contract, unless the damage/loss was caused intentionally or by gross negligence.
2. Signed by You is not liable for any damage/loss arising due to incorrect or incomplete information provided by or on behalf of the Customer.
3. Signed by You is not liable for a product becoming defective if it has not been treated with care.
4. Signed by You is not liable for damage/loss caused by incorrect use of the product after advice has been given.
5. Signed by You is not liable for allergic reactions to substances she works with.
6. Signed by You is not liable for actions, including delays, caused by third parties such as suppliers, except where a statutory obligation provides otherwise.
7. In the event that Signed by You owes compensation to the Customer for causing direct damage and/or loss, the compensation shall not exceed twice the amount invoiced by Signed by You to the Customer, unless standards of reasonableness and fairness dictate otherwise.
8. The Customer indemnifies Signed by You against all claims from third parties relating to the products supplied by Signed by You.
Clause 13 Intellectual Property
1. The intellectual property rights to Signed by You's brand, trade name, designs and images remain with Signed by You and may not be used or copied without permission.
2. Acting in breach of the provisions of this clause constitutes a copyright infringement.
3. In the event of an infringement, Signed by You shall be owed a fee of at least three times the license fee it usually charges for such use, without affecting its entitlement to compensation for any other damage and/or loss suffered.
4. Ownership of products supplied by Signed by You transfers to the Customer when payment has been made in full.
Clause 14 Special offers and promotions
1. Signed by You may offer special offers and promotions. Once the period for a special offer or promotion has expired, Signed by You is not obliged to adhere to the terms and conditions applicable to the promotional offer.
2. Any discounts offered only apply if payment is made within the stated period. Signed by You reserves reserves the right to determine whether the discount has been applied correctly. In the event of incorrect application, Signed by You reserves the right to cancel the order.
Clause 15 Complaints
1. The Customer shall give notice of any complaints about the products delivered, in writing and providing an explanation of the complaint, within 30 calendar days after the complaint arises.
2. If packages are open or damaged on delivery, the Customer must report this to the person making the delivery before taking receipt of the product.
3. Any other complaints should be reported within the guarantee period.
4. Since 15 February 2016, consumers in the EU may also register complaints about physical purchases from the webshop using the European Commission’s ODR (Online Dispute Resolution) platform. This platform is available at http://ec.europa.eu/odr . If the complaint is not yet being processed elsewhere, the Customer may file the complaint using the European Union’s platform.
5. Filing a complaint does not suspend the Customer’s payment obligation.
Clause 16 Warranty
1. Legal warranty provisions will be observed at all times.
2. Signed by You guarantees that the delivered products comply with the contract according to conformity and that the products posses properties that are necessary for normal use. The following are not considered normal use and are therefore not covered by the warranty unless otherwise required by law:
Use of the products during sports or in extreme weather conditions.
The use of chemicals or sharp objects on the products.
Poor maintenance and failure to follow washing and care instructions.
Damage caused by UV, fire or bleach.
Natural degradation of colours, finishes and materials over time.
3. In order to make a claim under the guarantee, the Customer must clearly describe the defect, send the shipment, with sufficient postage, to the specified service address and enclose a copy of the proof of purchase. The product must always be complete.
Clause 17 Dispute resolution
1. These general terms and conditions are subject to Dutch law.
2. The parties shall not apply to the courts unless they have already made every effort to settle any dispute by mutual agreement. All disputes shall be settled by the competent court in the district in which Signed by You has its place of business, unless otherwise provided by law.
3. Notwithstanding the statutory limitation periods, the limitation period for all claims and defences against Signed by You and any third parties involved shall be 12 months.