AN INEVITABLE REQUIREMENT
Art. 1 Definitions
Unless explicitly stated otherwise, for purposes of these general terms and conditions the following terms shall have the following meanings.
1. NINEFOOT: the user of the general terms and conditions;
2. Consumer: a counterparty who is a natural person and is not engaged in exercising a business or profession;
3. Agreement: the agreement between user and consumer;
4. Consumer purchase: the purchase and sale agreement with respect to a movable good, which is entered into by a seller engaged in exercising abusiness or profession, and the consumer, natural person, who is not engaged in exercising a business or profession.
Art. 2 General
1, Insofar as parties have not expressly deviated from these terms and conditions in writing, said terms and conditions shall apply to each offer and agreement between NINEFOOT and consumer to which these terms and conditions have been declared applicable by user.
2. The terms and conditions hereunder shall also apply to the agreements with NINEFOOT that require the services of third parties to carry out the assignment.
3. Any deviations from these general terms and conditions shall only be valid if these are explicitly agreed upon in writing.
Art. 3 Application
1. All legal relationships, resulting from orders placed via NINEFOOT website www.ninefoot.com, where NINEFOOTwill be serving as supplierof products, shall be subject to these general terms and conditions to the exclusion of all other terms and conditions.
2. By filling out the order form on www.ninefoot.com and/or placing an order by fax, consumer hereby accepts NINEFOOT general terms and conditions of delivery and accepts that these shall form a part of the purchase agreement between consumer and NINEFOOT.
3. NINEFOOT has the right to change these general terms and conditions and the content of the site. The purchase agreement specified in article 2.2 contains all the arrangements that are agreed upon between consumer and NINEFOOT and shall replace all previous agreements, engagements and arrangements.
Art. 4 Offers
1. All offers on the NINEFOOT website are free of engagement and shall take place subject to availability of products.
2. NINEFOOT cannot be held responsible for its offers if, in all reasonableness and fairness and within the context of socially acceptable perceptions, consumer is deemed to have understood that the offer or a part thereof clearly contains a mistake or error in writing.
3. Offers do not automatically apply to repeat orders.
Art. 5 Realisation of the agreement
1. The agreement shall be realised as soon as the consumer has given to understand that he/she accepts NINEFOOT offer by completely and correctly filling out NINEFOOT online order form.
2. NINEFOOT shall confirm the consumer's online order by sending an order confirmation via e-mail.
3. With the exception of evidence to the contrary, NINEFOOT administration shall apply as proof of consumer's assignments and payments to NINEFOOT and for deliveries made by NINEFOOT. NINEFOOT hereby acknowledges that electronic communication can serve as evidence. By accepting NINEFOOT general terms and conditions, the consumer also acknowledges this.
Art. 6 Orders/communication
NINEFOOT shall in no way be held liable for misunderstandings, damage, delays or unclear orders and announcements resulting from the use of Internet or any other means of communication in the correspondence between consumer and NINEFOOT, or between NINEFOOT and third parties, insofar as these relate to the relation between consumer and NINEFOOT.
Art. 7 Prices/tariffs
All prices specified on NINEFOOT website are in Euros and include the Dutch value added tax (VAT) and other governmental levies and are exclusive of shipment and delivery costs, unless specified otherwise or agreed upon in writing.
Art. 8 Delivery
1. Orders requiring multiple shipments, due to the unavailability of part of the consumer's order, shall not result in multiple delivery costs for the consumer.
2. In the event that an ordered product is out of stock, NINEFOOT shall inform consumer of this in writing within 5 workdays thereby stating the timeframe within which the item is once again deliverable. The consumer's credit card shall be billed upon shipment of the order.
3. Delivery period shall only take effect after consumer has made available to user any information that may be required by NINEFOOT in the framework of executing the agreement.
4. The term of delivery (5-7 workdays within, and 10 workdays outside of, the Netherlands) specified by NINEFOOT is indicative. A specified delivery period is not a fatal deadline. The final delivery period shall never exceed the specified delivery period by more than one week except in case of force majeure.
5. Subject to the consumer exchanging one product for another that is available from stock within the specified terms and conditions, NINEFOOT shall ship said exchanged item, the following day.
Art. 9 Guarantee
1. NINEFOOT guarantees to the consumer that the products to be delivered meet the customarily requirements and standards imposed thereupon and are free of any defects.
2. The guarantee clause specified under sub 1. shall apply for a period of 1 month after delivery. If, within this period, the product fails to meet the consumer's expectations reason notwithstanding, he or she may return the item. The consumer is at liberty to opt for a new product of his/her choice or receive refund of the purchase price of the respective product.
3. Everything possible is done to ensure that the descriptions and colour specifications are correct, and even though the colour production is a true representation, one cannot rule out the potential occurrence of a small deviation in the actual products.
4. The guarantee clause specified hereunder shall not apply if the defect has been created as a result of wrongful or improper use.
5. If a product is returned, which in the opinion of NINEFOOT has incurred damage at the hand or through negligence of the customer or shall otherwise be made payable by the customer, NINEFOOT shall inform the customer of this whereupon NINEFOOT shall return the product's received payment to the consumer within 4 weeks, after having first deducted the sum of the product's depreciation in value as a result of the damage.
6. In the event that the customer mistakenly receives another product in lieu of the product ordered, NINEFOOT shall replace this free of charge and send the originally ordered product. To that end, the customer should contact firstname.lastname@example.org within 8 workdays.
Art. 10 Liability
1. If the articles delivered by NINEFOOT Online Clothingstore are defective, NINEFOOT liability towards the consumer shall be limited to that which has been arranged in these terms and conditions under "Guarantees".
2. Without prejudice to the abovementioned, NINEFOOT shall not be held liable if damage can be attributed to fraud and/or serious misconduct and/or imputable acts, or otherwise wrongful or improper use by the consumer.
Art. 11 Damages
1. NINEFOOT can only be held liable for damage imputable to fraud or serious misconduct, or is created through circumstances which, by law on grounds of mandatory regulations, are at its risk.
2. Circumstances, which in any event are not at the risk of NINEFOOT, are: illness, import, export, and/or prohibition on transit, transport problems, non-fulfilment of the obligations by sub-suppliers, malfunctions in the production, non-delivery or untimely delivery by suppliers, etc.
Art. 12 Personal information
1. NINEFOOT shall incorporate into a file the personal information the consumer has incorporated on the website. This information shall be used for the execution of the consumer's order.
2. NINEFOOT shall use the consumer's personal information to fully inform him or her of new developments within NINEFOOT Online Clothingstore. The processing of the consumer's information shall take place in compliance with the applicable legislation and regulatory process.
3. NINEFOOT attaches much value to the safe online purchase of products. NINEFOOT shall in no way save credit card details.This does however mean that consumers must repeat credit card details for every new order they place.