General terms & conditions

GENERAL TERMS AND CONDITIONS NEW APPAREL B.V. (TEATRO FASHION) ESTABLISHED IN AMSTERDAM

AMSTERDAM, JANUARY 1ST, 2020 

ARTICLE 1 - DEFINITIONS

The following definitions apply in these terms and conditions:

- Cooling-off period: the period within which the buyer can make use of his right of withdrawal;

- Buyer / counterparty: the (legal) person who acts in the exercise of a profession or business and enters into a distance agreement with Teatro Fashion;

- Day: calendar day;

- Sustainable data carrier: any means that enables the buyer to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;

- Right of withdrawal: the possibility for the buyer to cancel the distance agreement within the cooling-off period;

- Teatro Fashion: the legal person who offers products to the buyer (s) remotely and the user of the General Terms and Conditions;

- Distance agreement: an agreement whereby within the framework of a system for distance selling of products organized by Teatro Fashion until the conclusion of the agreement use is made exclusively of one or more techniques for distance communication;

- Technology for distance communication: means that can be used to conclude an agreement, without the buyer and Teatro Fashion coming together in the same room;

- General Terms and Conditions: the present General Terms and Conditions of Teatro Fashion.

Article 2. General / applicability

1. To all offers, orders and agreements from Teatro Fashion, these General Terms and Conditions (hereafter: Terms and Conditions) apply to the exclusion of any other general terms and conditions. These Terms and Conditions can also be consulted via the Internet, see https://www.teatrofashion.com/.
2. Accepting an offer, placing an order or entering into an agreement means that you accept the applicability of these Terms and Conditions.
3. The provisions in these Terms and Conditions can only be deviated from in writing, in which case the other provisions will remain fully in force.
4. All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for Teatro Fashion, are likewise stipulated for intermediaries and other third parties engaged by Teatro Fashion.

ARTICLE 3 - The offer

1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. Teatro Fashion is entitled to change and adjust the range.
3. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the buyer. If Teatro Fashion uses images, these are a true representation of the products offered. Teatro Fashion cannot guarantee that the displayed colors exactly match the real colors of the products. Obvious mistakes or errors in the offer do not bind Teatro Fashion.
4. All images, specifications, data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. We do everything that is reasonably possible to display the characteristics of our products, including the composition and colors, as accurately as possible. The color that you see depends on your computer system, and we cannot guarantee that your computer will display these colors correctly.

ARTICLE 4 - Conclusion of the agreement

1. An agreement is only concluded after acceptance of your order by Teatro Fashion.
2. Teatro Fashion is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise.
3. If an order is not accepted, the web shop owner will inform you of this after receiving the order.
4. The agreement will be confirmed in writing at the latest at the time of delivery.
5. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

ARTICLE 5 - Prices

1. The prices for the products offered are in euros, excluding VAT.
2. A 0% VAT rate applies to foreign companies.
3. All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.

ARTICLE 6 - CONFORMITY AND (ANY) WARRANTY

1. Teatro Fashion guarantees that the products meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement.
2. Any defects or incorrectly delivered products must be reported in writing to Teatro Fashion within 48 hours after delivery. 

   You send an e-mail to [email protected]

   • Order number
   • Total number of products
   • Article number of the product
   • As an attachment you send a photo with which the defect is clearly visible
   • Receipt with the date when the item was sold
     
     
3. The products must be returned within 14 days of delivery in the original packaging and in new condition.
4. In the case of a Teatro Fashion guarantee period, this corresponds to the factory guarantee period. However, Teatro Fashion is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.
5. A possible warranty does not apply if:

- the buyer has repaired and / or modified the delivered products himself or had them repaired and / or modified by third parties;

- the products supplied have been exposed to abnormal circumstances or are otherwise carelessly treated or are contrary to the instructions of Teatro Fashion and / or have been treated on the packaging;

ARTICLE 7 - DELIVERY / DELIVERY TIME

1. All delivery times are indicative. The buyer cannot derive any rights from any specified periods. Exceeding a term does not entitle the buyer to compensation.
2. After receiving your order, Teatro Fashion will try to deliver as quickly as possible. For all goods and services that are offered via the Teatro Fashion web store, delivery is possible while supplies last. If the item you ordered can no longer be delivered, you will be informed as soon as possible.
3. Teatro Fashion will take the greatest possible care when receiving and when executing product orders.
4. The risk of damage and / or loss of products rests with Teatro Fashion until the moment of delivery to the buyer, unless explicitly agreed otherwise.

ARTICLE 8 - SUSPENSION AND DISSOLUTION OF THE AGREEMENT

1. Teatro Fashion is entitled to suspend or dissolve the agreement in whole or in part if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or if circumstances otherwise arise that are of such a nature that the unaltered maintenance of the agreement in cannot reasonably be expected of her.
   
2. Teatro Fashion has the right to suspend or terminate the agreement with immediate effect without judicial intervention and without notice of default if the other party is declared bankrupt, in suspension of payment, has filed for bankruptcy or has applied for a provisional suspension of payment or wishes to meet its creditors to divert them, there is seizure, the other party is placed under guardianship, the debt rescheduling of natural persons is requested or if it otherwise loses the power to dispose of its assets or parts thereof.
   
3. If circumstances arise with regard to persons and / or material that Teatro Fashion uses or is likely to use in the execution of the agreement, which are of such a nature that the execution of the agreement is impossible or so inconvenient and / or disproportionately expensive if compliance with the agreement can no longer reasonably be required, Teatro Fashion is authorized to suspend or terminate the agreement.
   
4. In addition to the cases mentioned in this article in which Teatro Fashion is authorized to suspend or dissolve, the claims of Teatro Fashion on the other party are also immediately claimable in the following cases:

- circumstances that have come to the knowledge of Teatro Fashion after the conclusion of the agreement give Teatro Fashion good reason to fear that the other party will not fulfill its obligations;

- if Teatro Fashion asked the other party at the conclusion of the agreement to provide security for compliance and this security is not provided or is insufficient;

- if the other party proceeds to strike or liquidate its business or a significant part thereof or if a decision is made to that end;

If the other party fails to meet one or more obligations towards Teatro Fashion, or fails to do so properly or on time, all other (remaining) claims of Teatro Fashion against the other party are immediately due and payable.

5. A case of suspension or dissolution does not affect the right of Teatro Fashion to claim compensation.
   Without prejudice to the other rights it is entitled to, the web shop of Teatro Fashion has the right, in its own choice, to suspend the execution of your order or to dissolve the agreement without judicial intervention, which you have written in writing and without the Teatro Fashion web store being obliged to pay any compensation, unless this would be unacceptable in the given circumstances by the standards of reasonableness and fairness.
6. Force majeure is understood to mean any shortcoming which cannot be attributed to Teatro Fashion's web store, because it is not due to its fault and is not for its account under the law, legal act or generally accepted views.

ARTICLE 9 - PAYMENT

1. Payment always precedes delivery. For orders, payment goes through the payment options indicated on the site.
2. If you are in default with any payment, the web shop of Teatro Fashion is entitled not to process the order.

ARTICLE 10 - LIABILITY

1. A counterparty, including the buyer, guarantees the accuracy and completeness of the information provided to Teatro Fashion by or on behalf of the counterparty. Teatro Fashion is not liable for the
2. consequences of providing incorrect and / or incomplete data.
   Teatro Fashion is not liable for any damage resulting from the acts or omissions of the other party, its staff or third parties engaged by it in the context of the agreement or related activities.
3. Teatro Fashion is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.

ARTICLE 11 - RIGHT OF WITHDRAWAL

1. The right of withdrawal does not apply to business sales. Your order is therefore final after payment. Returning is only possible when a product does not comply with the agreement.
2. You have the obligation to examine on delivery whether the products comply with the agreement. If this is not the case, you must inform the Teatro Fashion web store of this as soon as possible and in any case within 48 hours after delivery, in writing and with reasons. You send an e-mail with order number, total number of products and the article number of the product to [email protected]. As an attachment you send a photo with which the defect is clearly visible.
3. If it has been demonstrated that the products do not comply with the agreement, the web shop of Teatro Fashion has the choice to replace the products in question with new products or to refund the invoice value thereof.
4. If the items show traces of use or damage during the return shipment, Teatro Fashion reserves the right to claim compensation.
5. We recommend that you first make your complaints known to us by emailing [email protected]. If this does not lead to a solution within 14 days, it is possible to register your dispute for mediation via Stichting WebwinkelKeur.

ARTICLE 12 - DISPUTES

1. Dutch law applies exclusively to agreements between Teatro Fashion and the buyer to which the General Terms and Conditions apply. Even if the buyer lives abroad.
2. All rights, obligations, offers, orders and agreements about these conditions apply, as well as the conditions, only Dutch law applies.