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1. INFORMATION ON THE SELLER OF THE PRODUCTS
1175 RB Lijnden
Telephone number: +31(0)20 48 777 77
Registered with the Dutch Chamber of Commerce under number 53046889.
VAT identification number: NL851727177B01.
2.1. For the purpose of these general terms and conditions, the following terms shall have the meaning set forth below:
Goldbergh: the company as described in section 1;
Buyer: the natural person that orders the Products from Goldbergh via its website www.Goldbergh.com
Parties: Goldbergh and Buyer;
Products: Goldbergh clothing, shoes, accessories and future products and services;
Agreement: the arrangements laid down in writing between Goldbergh and the Buyer, concerning the supply of the Products;
Delivery: the moment that the Buyer, or any third parties acting on behalf of the Buyer, take the actual possession of and control over the Products;
Intellectual Property Rights: all full, worldwide intellectual property and similar related rights in the broadest sense of the term, which is deemed to include, in particular – but is not confined to – the following (or any entitlement thereto): (1) trademarks, (2) trading names, (3) copyright, (4) rights to drawings and/or design rights, (5) patents, (6) database rights, (7) know-how, and (8) domain names, including any future intellectual property rights, which is deemed to include all of the powers that the relevant national and international regulations may accord to them;
3.1. These conditions apply to any offers and Deliveries from, Agreements withand payments to Goldbergh.
3.2. By placing an order, the Buyer explicitly agrees with these terms and conditions.
4. ORDERING AND DELIVERY
4.1. Offers made by Goldbergh may only be accepted without deviation. Any offers of Goldbergh, whether these are regular prices or special offers, remain valid as long as the stock lasts. The Buyer cannot derive any rights from offers made by Goldbergh.
4.2. Goldbergh will not be bound by apparent errors or mistakes in its offers.
4.3. The standard method for expressing prices is in Euro’s (€ ).The prices for the Products stated on the website of Goldbergh, are exclusive of VAT and other government levies and exclusive of shipping and/or other transport costs. Before the order is completed, Goldbergh will show the total price that the Buyer has to pay on its website.
4.4. After placing an order, the Buyer will receive an e-mail from Goldbergh, stating the Products that were ordered as well as the total sum of the order, inclusive of VAT and shipping costs.
4.5. Goldbergh has the right to refuse orders within one week of receipt, without reason given.
4.6. The Products shall be delivered at the address provided by the Buyer.
4.7. A delivery deadline stated by Goldbergh is only an indication, unless it is expressly agreed in writing that the deadline is final.
4.8. In the event the Buyer ordered more than one Product, Goldbergh shall be authorized to deliver the Products in parts and shall be entitled to require payment of each partial delivery.
5.1. Goldbergh requires advanced payment of the Products. Payment must at the latest be made within 30 (thirty) days after the Delivery of the Products.
5.2. Goldbergh has the right to Deliver the Products, or have them Delivered, subject to cash on Delivery.
5.3. The Buyer shall be in default merely because of the expiry of the payment period, without any demand, notice of default or judicial intervention being necessary.
5.4. Goldbergh shall be owed default interest of 1% (one percent) of the invoice amount for each month that the Buyer is in default of payment, whereby a part of a month shall count as a whole month, all this without prejudice the rights of Goldbergh to demand immediate payment of the entire outstanding amount, and without prejudice to the other rights of Goldbergh in that situation.
5.5. The Buyer shall owe the collection costs to be incurred, whether judicial or extrajudicial, including the actual costs to be incurred on legal assistance and legal advice (including the costs of a lawyer, bailiff and any other third parties).
6. PRIVACY OF THE BUYER
6.1. Goldbergh treats all personal information that it receives from the Buyer as private and
confidential. Goldbergh only uses the personal information for the execution of the agreement and the payment and Delivery of the Products. Goldbergh is also allowed to use the personal information for its own promotional activities, such as the Goldbergh newsletter.
6.2. Goldbergh will not disclose the personal information of the Buyer to any third parties than the parties that are involved with the payment and the shipment of the Products.
7. RIGHT OF WITHDRAWAL
7.1. The Buyer has the right to repudiate the Agreement without specifying any reasons, within 14 (ten) calendar days, starting the day of the Delivery of the Products.
7.2. In the event the Buyer wishes to avail of the right of withdrawal, he may only unpack or use the Products to the extent necessary to judge whether or not he wishes to keep the Product. During this period, the Buyer shall treat the Products and packaging materials carefully. The Buyer shall return the Products with all delivered accessories and, as far as possible, in the original packaging.
7.3. If the Buyer uses his right of withdrawal, Goldbergh shall restitute the purchasing price within 14 (fourteen) days after the receipt of the Products.
7.4. In the event the Buyer does not act in accordance with section 7.2., or in the event the price tag is removed or the Products otherwise are not returned in the original condition, Goldbergh shall not be obliged to restitute the purchasing price to the Buyer.
8. DEFECTS OF THE PRODUCTS
8.1. In the event the Products do not meet the reasonable requirements of the Products, the Buyer must notify Goldbergh of this immediately, but in no event later than 14 (fourteen) calendar days after the Delivery of the Products. If the Buyer does not comply with this section, any right of recovery and/or any other claim to possible compensation, shall lapse.
8.2. The fact that a Product shows deficiencies, never gives the Buyer the right to suspend payment or to set off the payable invoice amount of any other Products that were Delivered to the Buyer.
9. RETENTION OF RIGHTS
9.1. All the items supplied to the Buyer shall remain the property of Goldbergh until all the amounts owned by the Buyer for the Products supplied or to be supplied, as well as any other amounts owed by the Buyer due to default of payment, have been paid in full.
9.2. As long as the ownership of the Products has not passed to the Buyer, the Buyer may not pledge the Products or grant a third party any rights thereto.
9.3. Without prejudice to any powers, Goldbergh has the right, as long as any amounts due, in any case those resulting from deliveries, have not been paid, to take back/retrieve the items delivered.
10.1. In all cases, the liability of Goldbergh due to imputable failure to perform the Agreement shall only arise if the Buyer gives Goldbergh proper notice of default in writing, setting a reasonable period within the failure can be remedied, and Goldbergh continues after that period to fail imputably in the fulfillment of its obligations. The notice of default must describe the failure in the most complete and detailed terms possible, so as to give Goldbergh the opportunity to respond adequately.
10.2. Goldbergh shall only be liable for any loss that results directly from foreseeable and avoidable deficiencies, for which it may be held culpable and which relate directly to the production and Delivery of the Products.
10.3. Any duty to pay compensation on any grounds whatsoever, shall at all times be confined to the price of the Product.
10.4. If and in so far disbursement or payment under the terms of the foregoing section, for any reason whatsoever, does not apply, any duty (legal or otherwise) on the part of Goldbergh to pay compensation shall be confined to the relevant order value.
11.1. The risk of – inter alia – the loss or theft of or damage to the Products shall pass to the Buyer at the moment when the Buyer, or someone acting on behalf of the Buyer, comes into actual possession of them.
12. FORCE MAJEURE
12.1. If Goldbergh fails to comply with any obligation vis-à-vis the Buyer, such a failure cannot be attributed to Goldbergh in the case of a force majeure as referred to in article 6:75 of the Dutch Civil Code.
12.2. Force majeure shall include (but is explicitly not restricted to) fire, malfunctions, strikes organized by a recognized union and acts or omissions of the government, including the local government (such as import limitations).
12.3. All clauses of this section apply mutatis mutandis to the force majeure of the suppliers of Goldbergh and/or any third parties that are involved in the production and the Delivery of the Products. Any non- and/or late and/or inferior performance of the parties mentioned in this clause will be regarded as a force majeure of Goldbergh.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. All Intellectual Property Rights relating to the Products, as well as to all other documents and materials supplied by Goldbergh, shall solely be held by Goldbergh. The Buyer shall not acquire any rights (of use) and/or other powers.
13.2. The Buyer guarantees that he will not do anything which infringes on the Intellectual Property Rights of Goldbergh or which invalidates these rights and/or jeopardizes the ownership of these rights.
14.1. The Buyer’s general terms and conditions, however such general terms and conditions are called and in whatsoever form, are explicitly precluded, unless explicitly agreed otherwise in writing.
14.2. Any amendments from these general terms and conditions shall only come into effect if Parties approve of such in writing.
14.3. The nullity of any clause of these terms and conditions shall not have the effect of rendering the entire terms and conditions null and void. In the event that any clause is void, Parties shall consult each other for the purpose of replacing it with a legally valid provision in such a manner that the purport of these general terms and conditions continues to apply.
15. COMPLAINTS, QUESTIONS OR REMARKS
15.1. In the event the Buyer has a complaint, or in the event the Buyer has any questions regarding these general terms and conditions, and/or any other remarks, the Buyer can contact Goldbergh at the contact information stated in section 1 of these terms and conditions. The Buyer can contact Goldbergh either by e-mail, by fax or by letter.
15.2. If the Buyer has a complaint, Goldbergh will contact the Buyer within 14 (fourteen) working days after the receipt of the complaint. In all other cases, Goldbergh can decide – but is not obliged – to contact the Buyer.
16. CHOICE OF LAW AND FORUM
16.1. These terms and conditions and any Agreements relating thereto, shall be solely governed by and construed in accordance with the law of The Netherlands.
16.2. Any dispute between Parties resulting from or otherwise connected to any Agreements or these terms and conditions, shall be resolved as much as possible by consultation. Any dispute not resolved by Parties shall be brought before the competent court in Amsterdam, unless Goldbergh opts to take legal action against Buyer before the competent court in any other state or place of business.