General Terms and Conditions
Article 1 Definitions
- Niels Heineman is a one-man business whose objective is to design and sell (online) the clothing brand Niels Heineman.
- In these General Terms and Conditions, “Customer” is understood to mean: the natural person or legal entity or the partnership of natural persons and legal entities or both, or the intermediary or representative acting on their behalf who uses the Services of Niels Heineman and who assigns Niels Heineman to provide Services as referred to in Paragraph 4.
- In these General Terms and Conditions, “Agreement” is understood to mean: the legal relationship between Niels Heineman and the Customer, in the broadest sense.
- In these General Terms and Conditions, ‘Services’ are understood to mean: all products provided by Niels Heineman and/or third parties engaged by it to the Customer, including the clothing brand Niels Heineman, as well as all other activities performed by Niels Heineman for the Customer, of whatever nature, within the framework of an assignment, including activities performed other than at the Customer’s explicit request.
- In these General Terms and Conditions, ‘Products’ are understood to mean: all products of the clothing brand Niels Heineman offered by Niels Heineman, as well as all other products offered on the Website.
- In these General Terms and Conditions, ‘Order’ is understood to mean: the Customer’s request to Niels Heineman to deliver Products, which request is made by placing an Order on the Website (www.nielsheineman.nl). Niels Heineman has the Assignment to comply with this request by delivering the Products ordered, which is done by means of parcel post by different postal companies.
- In these General Terms and Conditions, ‘Order Confirmation’ is understood to mean: confirmation of the instruction to deliver the Order.
- In these General Terms and Conditions, “Website” is understood to mean: the Website www.nielsheineman.nl.
Article 2 Applicability of the General Terms and Conditions
- The General Terms and Conditions apply to all agreements concluded between the Customer and Niels Heineman under which Niels Heineman provides Products and/or Services.
- Any stipulations varying from the General Terms and Conditions are only valid if they have been expressly agreed with Niels Heineman in writing.
- The applicability of any of the Customer’s purchasing or other conditions is expressly excluded, unless explicitly agreed otherwise in writing with Niels Heineman.
- The General Terms and Conditions also apply to any additional or altered assignments from the Customer.
Article 3 The Agreement
- All offers on the Website are free of engagement, unless explicitly indicated otherwise. Niels Heineman reserves the right to change the Website at any time.
- The Customer can contact Niels Heineman via the Website (www.nielsheineman.nl), by email (firstname.lastname@example.org) or by telephone (+3163501099) for one of the Services offered.
- The Customer can place Orders on the Website. In that case, the Agreement is concluded by placing an Order.
- If Niels Heineman sends the Customer a confirmation, this confirmation will be decisive for the content and interpretation of the Agreement, subject to obvious errors in writing. Niels Heineman cannot be held to uphold its offer if the Customer should reasonably understand that the offer or part thereof contains any obvious mistakes or errors in writing.
- If the Customer makes notes or reacts to the Order confirmation from Niels Heineman, these are not part of the Agreement unless Niels Heineman confirms them in writing.
- An assignment from the Customer that was not preceded by a written quotation requires written acceptance by Niels Heineman.
- Niels Heineman reserves the right to use discount codes and offers. Discount codes can only be used by the Customer once and cannot be used on previously placed Orders. Discount codes and offers are only valid within the specified period and while supplies last.
Article 4 Performance of the Agreement
- Niels Heineman will make every effort to provide the Services to the best of its understanding and ability and in accordance with the requirements of good professional practice and with the agreements set out in writing.
- Niels Heineman has the right to have certain work done by third parties, including sending the products via parcel post by various postal companies as well as processing payments by Mollie Payments.
- When engaging third parties, Niels Heineman will exercise due care and consult the Customer about the selection of these third parties, insofar as this is reasonably possible and customary in the relationship with the Customer. The costs of engaging these third parties will be borne by the Customer, and will be charged on to the Customer by Niels Heineman.
- The Customer will ensure that all information that Niels Heineman deems necessary, or that the Customer should reasonably understand is necessary for the performance of the Agreement, is provided to Niels Heineman in a timely fashion. If the information necessary for the performance of the Agreement is not provided to Niels Heineman in time, Niels Heineman has the right to suspend the performance of the Agreement and/or to charge the Customer for the additional costs arising from the delay at the then customary rates.
- The Customer ensures that Niels Heineman can provide its Services properly and on time. If the Customer does not comply with agreements in this respect, they are bound to pay any ensuing damage.
- If a term has been agreed on or indicated for the performance of Services, this will never be a final deadline. If a term is exceeded, the Customer needs to give Niels Heineman notice of default in writing, giving Niels Heineman a reasonable period in which to remedy this and perform the Agreement.
Article 5 Amendment of the Agreement
- If, during the execution of the Agreement, it appears that for a proper execution it is necessary to alter or amend it, Niels Heineman and the Customer will amend the Agreement in consultation with each other and in a timely fashion.
- If the Agreement is amended, including a supplement, this constitutes an additional assignment. A separate agreement will be made beforehand about the fee for this additional assignment. Without an additional Order Confirmation, the additional Services will be paid at the agreed rate in accordance with the original terms and conditions.
- The failure to execute or immediately execute the amended Agreement does not constitute a breach of contract by Niels Heineman and is not a valid reason for the Customer to terminate or cancel the Agreement.
- Amendments to the Agreement originally concluded between Niels Heineman and the Customer will not apply until the changes have been accepted by both parties by means of a supplementary or amended Agreement. This amendment must be made in writing.
Article 6 Suspension, dissolution and early termination of the Agreement
- Niels Heineman is entitled to suspend compliance with the obligations or dissolve the Agreement if the Customer fails to comply with the obligations under the Agreement or fails to do so in full or in time, or if Niels Heineman has good reason to fear that the Customer will default on its obligations.
- Furthermore, Niels Heineman is authorised to dissolve the Agreement in case of circumstances of such nature that performance of the Agreement is impossible or unaltered maintenance of the Agreement cannot reasonably be required.
- If the Customer does not comply with the obligations arising from the Agreement and this non-compliance justifies dissolution, Niels Heineman is authorised to dissolve the Agreement with immediate effect without any obligation on its part to pay any compensation, whereas the Customer, on account of breach of contract, is obliged to pay compensation or indemnification.
Article 7 Cancellation
- The Agreement cannot be cancelled after the Customer has placed an Order, unless the Order has not been shipped yet.
- Niels Heineman reserves the right to also cancel the Order if it has not been shipped yet. The amount paid by the Customer will then be returned in full.
- If the Customer has ordered a Product with the wrong price, Niels Heineman will inform the Customer about this and they will find a solution by mutual agreement. In doing so, Niels Heineman offers Customer the option to terminate the Agreement and then place a new Order for the Product with the correct price, or to cancel the Order free of charge. In the event of cancellation free of charge, Niels Heineman will return the full amount paid by the Customer.
- Cancellation needs to take place in writing and needs to be explicitly confirmed by Niels Heineman.
- Cancellation can no longer take place if an email has been sent confirming that the Product has been sent, with the time of receipt of this message by the Customer being leading.
- In case of full or partial cancellation, all costs made under the Agreement until that moment will be charged.
Article 8 Costs, fee and payment
- All amounts stated in the Order Confirmation for shipments within Europe are in euros and inclusive of VAT, unless stated otherwise.
- All amounts stated in the Order Confirmation for shipments outside Europe are in euros and exclusive of VAT. The customs authorities will make the necessary additional assessments in the country of destination and these costs will therefore be borne by the Customer.
- All amounts stated in the Webshop are inclusive of VAT exclusive of shipping costs, unless stated otherwise.
- Niels Heineman is entitled to correct apparent typographical errors in the price stated on the Website, in the Agreement or in the Order Confirmation.
- Payment is made via iDeal, Paypal, Credit Card or Bank Transfer. Payments are processed by Mollie Payments.
- Niels Heineman asks shipping costs for all Orders, which will be charged to the Customer. Niels Heineman will state the shipping costs clearly and in time for conclusion of the Agreement. The shipping costs are stated on the Website and differ per country. Above a certain amount, Niels Heineman will not charge shipping costs. This amount differs per country of destination and the relevant information can be found on the Website.
- The Customer is obliged to immediately inform Niels Heineman of any inaccuracies in the payment details stated or provided.
Article 9 Shipment and delivery
- Unless otherwise agreed in writing, the products are shipped from the Netherlands and are delivered as parcel post by various postal companies. The choice of postal company depends on the Order. Niels Heineman itself determines the method of transport and packaging.
- If an Order is lost or damaged upon delivery, the Customer must contact Niels Heineman by email (email@example.com) so that a suitable solution can be sought in mutual consultation.
- Products are shipped within 48 (in words: forty-eight) hours. Niels Heineman’s term of delivery depends on the country of destination of the Order. The maximum statutory delivery period of 30 (in words: thirty) days applies to the delivery of the Products.
- If the Products are available to the Customer after the expiry of the term of delivery but are not accepted by them, the Products will be stored at the Customer’s disposal, risk and expense, regardless of the reason for non-acceptance. If the Products are not claimed, they will be returned to Niels Heineman in due course. The costs for shipping, return shipments, any import levies and VAT will be borne by the Customer.
Article 10 Return shipment
- If the Customer is a consumer, Products can be returned free of charge within 14 (in words: fourteen) days after receipt, without reason given. When returning Products, Niels Heineman advises the Customer to send them using track & trace. The entire amount paid by the Customer, including shipping costs, will be refunded in full within 14 (in words: fourteen) days after receipt of the Product, with the exception of the additional costs due to additional customs duties for shipments outside Europe as referred to in Article 8.2. The amount will be refunded by means of the same payment method used when placing an Order.
- After this term, Products can be returned free of charge if the Customer can prove that the Order was damaged upon delivery through no fault of the Customer.
- During these 14 (in words: fourteen) days, the Customer must handle the Products received with due care. Niels Heineman will only accept returned Products if the Product is in its original condition and complete packaging and labels are present.
- The Customer can return the Product using a postal service of its own choice. Return costs will be charged to the Customer.
- If the Customer wishes to return the Order, the Customer must contact customer service by email (firstname.lastname@example.org) and the Customer must submit the return form sent by email with the following information: Order number, Products to be returned and the reason for returning them. The Customer must attach this form to the return shipment.
- The aforementioned provisions regarding the return process also apply to exchanging Products for the same product in a different size or colour.
- It is not possible to exchange Products for another Product. In such a case, the Customer must return the Product and place a new Order.
Article 11 Liability
- The Customer is responsible for submitting correct and representative data and information necessary for the execution of the Agreement. Niels Heineman is not liable for damage resulting from, for example, an incorrect Order if the Customer has provided incorrect, non-representative or irrelevant data.
- The delivery term as referred to in Article 9, paragraph 3, can only be provided by approximation. Although every attempt will be made to meet the delivery date, Niels Heineman will never be liable for the consequences of said period being exceeded. If the term is exceeded, this does not give the Customer the right to cancel the Order or refuse the receipt or payment of the Order, and Niels Heineman will not owe the Customer any compensation.
- Niels Heineman is not liable for errors or omissions by the third parties engaged by it. By using the Services of Niels Heineman, the Customer grants Niels Heineman the authority, if a third party engaged by Niels Heineman wishes to limit its liability, to accept this limitation of liability also on behalf of the Customer.
- Niels Heineman is not liable for damage to or loss of the Products when the Products are returned by the Customer. This damage is at the Customer’s account.
- Niels Heineman is not liable for indirect damage or loss, including but not limited to consequential damage or loss.
- Niels Heineman is not liable for any errors in writing on the Website.
- Niels Heineman is not liable for not or not timely complying with the obligations arising from the Agreement, in case this is caused by force majeure as referred to in Article 12.
- The Customer indemnifies Niels Heineman against any third-party claims of whatever nature related to the Services.
- If Niels Heineman is held liable, it will only be liable for direct damage or loss that the Customer has actually suffered or paid on account of a demonstrable failure by Niels Heineman to comply with its obligations with respect to its Services.
- Liability of Niels Heineman is limited to the amount covered and paid out by the insurance company. If the insurance company does not pay out or if Niels Heineman is not insured, liability is limited to the amount paid by the Customer.
- The limitation of liability set out in this article does not apply in case of intent or deliberate recklessness on the part of Niels Heineman.
- This provision does not exclude liability in so far as liability cannot be limited or excluded by law.
Article 12 Force majeure
- Force majeure is defined as all external causes, through no fault of Niels Heineman and beyond its control, that render timely, complete or correct performance of the Agreement impossible.
- Force majeure as referred to in the previous paragraph includes but is not limited to: non-performance by a third party, illness of staff of Niels Heineman itself or a third party, abnormal weather conditions, disruptions in the supply of water and energy, strikes, serious failures in the systems of Niels Heineman, fires, floods, natural disasters, riots, war or other internal civil commotion.
- In the event of force majeure, compliance with the Agreement will be suspended for as long as the force majeure continues.
- If the force majeure continues for more than one month, both parties will be entitled to terminate the Agreement without judicial intervention. In such an event, Niels Heineman will refund any paid amounts, less all costs that Niels Heineman has incurred in respect of the Agreement.
Article 13 Warranty
- Niels Heineman offers a warranty of 1 (in words: one) year for the Products it supplies against material and manufacturing defects. Under the warranty, Niels Heineman will repair the defects to the best of its ability and, if necessary, replace Products free of charge. Niels Heineman must be notified in writing of any defects.
- The warranty does not apply if the defects are the result, in whole or in part, of incorrect, incompetent or negligent use or use for other than normal purposes or external causes, including but not limited to fire and water damage.
- The warranty also does not apply if the Products have been changed or maintained by third parties.
- The statutory period of warranty starts from the time of delivery, unless agreed otherwise.
- If Niels Heineman performs repairs that are beyond the scope of this article, these will be charged to the Customer.
- The provisions on warranty in the general terms and conditions do not affect the Customer’s warranty claims under the law.
Article 14 Complaints
- The Customer is obliged to inspect or instruct a third party to inspect the Product at the time of delivery or as soon as possible thereafter. In doing so, the Customer must inspect whether the quality and quantity of the delivery are in accordance with the provisions of the Agreement.
- Errors or inaccuracies that can be found during an initial inspection must, with due regard for the requirements of reasonableness and fairness, be reported in writing to Niels Heineman within 14 (in words: fourteen) working days after receipt of the Products, handing over the sales receipt, unless this is impossible or unreasonably onerous.
- Other complaints, including complaints that could not have been found during an initial inspection, must be reported to Niels Heineman in writing within 1 (in words: one) month, in accordance with the provisions of Paragraph 2.
Article 15 Confidentiality of data
- Each of the parties guarantees that all data received from the other party that they know or should know are confidential, remain confidential. The party receiving the confidential data will only use them for the purpose for which they were provided. Data are, in any case, considered to be confidential if they have been indicated as such by either party. Niels Heineman cannot be obliged to abide by this if, as a result of a court judgement or statutory provision, or for the correct performance of the Agreement, it is required to provide data to a third party.
Article 16 Intellectual property
- Niels Heineman reserves the rights and authorities accruing to it under the Dutch Copyright Act.
- The Customer guarantees that no third-party rights oppose provision of data to Niels Heineman. The Customer indemnifies Niels Heineman against any action based on the assertion that such provision, use, editing, installation or incorporation infringes any third-party right.
- Niels Heineman must obtain explicit permission from the Customer before posting any photos of the Customer on the Website.
Article 17 Complaints handling
- In the event of a complaint, the Customer must report this in writing to email@example.com or by calling +3163501099.
Article 18 Identity of Niels Heineman
- Niels Heineman is registered with the Dutch Chamber of Commerce under number 51357747 and has VAT identification number NL001134628B96. Niels Heineman has its registered office at Kerkstraat 35 (2201 KK) in Noordwijk.
- Niels Heineman can be contacted by email at firstname.lastname@example.org, by means of the Website www.nielsheineman.nl and by telephone at +3163501099.
Article 19 Governing law and competent court
- The legal relationship between Niels Heineman and its Customer is governed by Dutch law.
- Any and all disputes arising between Niels Heineman and the Customer will be settled by the competent court of the District of The Hague.
These General Terms and Conditions were last updated on 5 May 2020.