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Article 1. Applicability
1.1 These General Terms and Conditions apply to all offers, orders, and agreements of no106fashion.nl. 1.2 By accepting an offer or placing an order, you agree to be bound by these Terms and Conditions. 1.3 Any deviation from the provisions of these Terms and Conditions must be made in writing, in which case the remaining provisions remain in full force and effect. 1.4 All rights and claims stipulated in these Terms and Conditions and in any further agreements for the benefit of no106fashion.nl are likewise stipulated for the benefit of intermediaries and other third parties engaged by no106fashion.nl.
Article 2. Offers/Agreements
2.1 All offers made by no106fashion.nl are non-binding, and no106fashion.nl expressly reserves the right to change prices, particularly when required by (legal) regulations. See also Article 3.6. 2.2 A contract is concluded only after no106fashion.nl has accepted your order. no106fashion.nl is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, no106fashion.nl will notify you within ten (10) business days of receiving the order.
Article 3. Prices and Payments
3.1 The prices listed for the products and services offered are in euros, including VAT and excluding handling and shipping costs, any taxes, or other levies, unless otherwise stated or agreed in writing. 3.2 Payment must be made in advance without any discount or offset for deliveries within the Netherlands, and in advance for deliveries outside the Netherlands, unless otherwise agreed in writing. 3.3 Payment can be made via IDEAL, credit card, PayPal, and Afterpay. 3.4 If you default on any payment, no106fashion.nl is entitled to suspend or terminate (the performance of) the relevant agreement and any related agreements. 3.5 If the prices for the offered products and services increase during the period between the order and its fulfillment, you are entitled to cancel the order or terminate the agreement within ten (10) days of notification of the price increase by no106fashion.nl. 3.6 If you return an item within 7 business days, you will receive a store credit or a refund of the purchase price minus shipping costs. Discounted items cannot be returned.
Article 4. Delivery
4.1 The delivery times specified by no106fashion.nl are indicative only. Exceeding any delivery time does not entitle you to compensation, nor does it entitle you to cancel your order or terminate the agreement, unless the delay in delivery is such that you cannot reasonably be expected to maintain the agreement. In that case, you are entitled to cancel the order or terminate the agreement to the extent necessary. 4.2 The products will be delivered at the location and time when they are ready for shipment to you.
Article 5. Retention of Title
5.1 Ownership of the delivered products will not transfer to you until you have paid all amounts owed to no106fashion.nl under any agreement. The risk associated with the products transfers to you upon delivery.
Article 6. Intellectual and Industrial Property Rights 6.1 You must fully and unconditionally respect all intellectual and industrial property rights attached to the products delivered by no106fashion.nl. 6.2 no106fashion.nl does not guarantee that the products delivered to you do not infringe upon any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints and Liability
7.1 You are obligated to inspect the products upon delivery to ensure they conform to the agreement. If this is not the case, you must notify no106fashion.nl in writing or by email, providing a detailed explanation, as soon as possible and in any event within seven (7) business days of delivery, or at least after it was reasonably possible to detect the nonconformity. 7.2 If it is demonstrated that the products do not comply with the agreement, no106fashion.nl has the option to either replace the products in question with new ones upon their return or to refund the invoice amount. 7.3 If, for any reason, you do not wish to accept a product, you—whether a business or an individual—have the right to return the product to no106fashion.nl within seven (7) business days of delivery. In this case, returns will only be accepted if the product’s packaging is undamaged; furthermore, you are responsible for the costs of return shipping.
Article 8. Warranty
8.1 If no106fashion.nl delivers products to the customer, no106fashion.nl is never obligated to provide the customer with a warranty that goes beyond the warranty that no106fashion.nl is entitled to claim from its supplier. Claims regarding visible defects must be submitted in writing in accordance with the terms of the contract, but no later than 7 (seven) days after the customer receives the goods. Claims received by no106fashion.nl after this period has expired need not be processed by no106fashion.nl.
Article 9. Orders/Communication
9.1 no106fashion.nl is not liable for any misunderstandings, distortions, delays, or failures in the proper transmission of orders and communications resulting from the use of the Internet or any other means of communication in the correspondence between you and no106fashion.nl, or between no106fashion.nl and third parties, insofar as they relate to the relationship between you and no106fashion.nl, no106fashion.nl shall not be liable, unless and to the extent that there is intent or gross negligence on the part of no106fashion.nl.
Article 10. Force Majeure
10.1 Without prejudice to its other rights, in the event of force majeure, no106fashion.nl has the right, at its discretion, to suspend the fulfillment of your order or to terminate the agreement without judicial intervention, by notifying you in writing, and without no106fashion.nl being obligated to pay any compensation, unless this would be unacceptable under the given circumstances according to standards of reasonableness and fairness. 10.2 “Force majeure” means any failure that cannot be attributed to no106fashion.nl, because it is not due to its fault and is not for its account under the law, a legal act, or generally accepted commercial practices.
Article 11. Miscellaneous
11.1 If you provide no106fashion.nl with an address in writing, no106fashion.nl is entitled to ship all orders to that address, unless you provide no106fashion.nl with a different address in writing to which your orders should be shipped. 11.2 If no106fashion.nl permits deviations from these Terms and Conditions, whether explicitly or implicitly, for a short or extended period of time, this does not affect its right to subsequently demand immediate and strict compliance with these Terms and Conditions. You may never assert any rights based on the fact that no106fashion.nl applies these Terms and Conditions flexibly. 11.3 If one or more of the provisions of these Terms and Conditions or any other agreement with no106fashion.nl should conflict with any applicable legal provision, the provision in question shall be deemed null and void and shall be replaced by a new, legally permissible, comparable provision to be determined by no106fashion.nl. 11.4 no106fashion.nl is authorized to engage third parties in the fulfillment of your order(s).
Article 12. Governing Law and Jurisdiction
12.1 All rights, obligations, offers, orders, and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions themselves, shall be governed exclusively by Dutch law. 12.2 All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands.
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