GENERAL TERMS AND CONDITIONS this is CURRATED..
These terms and Conditions apply to all offers, agreements and other statements under which this is CURRATED. (“this is CURRATED.”) delivers Products (as defined hereafter) to the Customer, except where specified otherwise in writing by this is CURRATED..
ARTICLE 1 DEFINITIONS
In these general terms and conditions of this is CURRATED. (“Terms and Conditions”) words, abbreviations and expressions written with a capital letter have the meanings given in article 1.3 of these Terms and Conditions or the meaning given in the Agreement.
The word “including” shall mean including without limitation or prejudice to the generality of any description, definition, term or phrase preceding that word, and the word “include” and its derivatives shall be construed accordingly.
“Consumer”: the natural person who is not acting as a professional and/or for a company;
“Customer”: means the consumer or business entity or natural person acting in the course of a profession or a business that enters into an Agreement with CRTD. or plans to buy the Products of this is CURRATED.;
“this is CURRATED.”: a company under the laws of the Netherlands registered at Bakkersstraat 4, 1017 CW Amsterdam, The Netherlands, registered with the Chamber of Commerce under number 34386505.
“Parties”: this is CURRATED. and Customer;
“Products”: all goods sold by this is CURRATED. on its website: http://thisiscurrated.com/;
ARTICLE 2 OFFERS
All offers, propositions, proposals, discounts on the Website and other expressions of this is CURRATED. are optional and non-binding, unless stated otherwise in writing by this is CURRATED..
The Customer shall guarantee the accuracy and completeness of the information that it submits to this is CURRATED. and on which this is CURRATED. bases its offer.
this is CURRATED. is not bound by its offer, if Customer should have understood that the offer or part thereof contains an apparent mistake or writing error.
Offers and proposals by this is CURRATED. do not automatically apply to future orders.
If this is CURRATED. sends an offer, price list or brochure this is CURRATED. is not bound to deliver or accept an order.
ARTICLE 3 ORDER ACCEPTANCE/CONCLUSION OF AGREEMENT
An order/agreement by Customer will come into force at the date this is CURRATED. confirms the order in writing or via e-mail, as far as none of the exceptions in this Article apply.
this is CURRATED. reserves the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.
this is CURRATED. reserves the right to cancel any order prior to dispatch should we find that the price is incorrect. In such case we will notify Customer by email and provide the option to place a new order for the correct price. If we are unable to contact you, your order will automatically be cancelled.
An order confirmation by this is CURRATED. is considered to be an accurate and complete representation of the order. If this is CURRATED. starts delivery of the Products, or sends an invoice, these acts are considered to be of equal status as an order confirmation.
If Customer, not being a Consumer, does not contest the order confirmation within eight (8) days in writing or via e-mail, Customer is bound by this confirmation.
The Customer shall guarantee the accuracy and completeness of the information that it submits to this is CURRATED. at the time of the order. this is CURRATED. is not liable for any damages as a result of information provided by the Customer which is not complete or accurate.
ARTICLE 4 DELIVERY
this is CURRATED. will deliver the order Products at the address Customer has provided to this is CURRATED..
The Products will be at the own account and risk from the moment Customer has received the Products.
ARTICLE 5 DELIVERY PERIOD OR DATE
this is CURRATED. will try based on a best effort obligation to deliver the Products within two (2) to seven (7) business days from the order confirmation in Europe. Any delivery date or term named or agreed on by this is CURRATED. is determined by this is CURRATED. based on its best knowledge and the information available at the moment of the confirmation of the order. A delivery date or period is never a strict delivery period or term and cannot be construed as a deadline, resulting in the liability of this is CURRATED. for any damages incurred by Customer.
If the Product, due to any delay in delivery, cannot be delivered in whole within seven (7) business days also not in whole within a period of twenty-one (21) days from the order confirmation this is CURRATED. will notify the Customer and the Customer has the right to terminate the order without costs and without being liable to this is CURRATED.. After termination this is CURRATED. will pay back any amount already paid by the Customer.
In the case Parties do agree on a strict delivery term or deadline, this is CURRATED. will only be in default after this is CURRATED. has failed to adhere to a notice of default containing a reasonable term to still comply with the order.
this is CURRATED. is entitled to partial delivery, unless explicitly agreed otherwise by Parties in writing or if the nature of the order does not provide for partial delivery. In case of partial delivery the invoice for the partial delivery must be paid according to the payment conditions on the invoice, unless Parties explicitly agreed otherwise in writing.
ARTICLE 6 PRICE AND PAYMENT
All prices on the Website, order confirmation and on any documentation or correspondence, are in Euro and include any Value Added Tax (VAT).
Unless stated otherwise, Customer must pay any amounts due within seven (7) days of the date of the order confirmation.
this is CURRATED. is entitled to ask Customer for a payment in advance. The delivery of Products will not commence before Customer has paid the advanced payment according to article 8.2. In the case Customer is a Consumer this is CURRATED. is not entitled to ask for advance payment of more than fifty (50%) percent.
If Customer contests the invoice, he must file the protest against the invoice within seven (7) days after the date of the invoice and mention the reasons for his protest clearly and in full. If the Customer does not protest against the invoice within the aforementioned term, he is considered to have accepted the invoice.
If the Customer fails to pay the amounts due or to pay the amounts due in a timely manner, Customer is due, in the case of a Consumer, only after receiving a demand or notice for payment from this is CURRATED. to pay the outstanding amount within fourteen (14) days, the statutory (commercial) interest. In addition, this is CURRATED. may charge all the out-of-court expenses in addition to the total amount due. In the case the Customer is a Consumer only the statutory out-of-court expenses can be charged by this is CURRATED. with a minimum of EUR 40,-.
this is CURRATED. is entitled to suspend/postpone delivery of Products until the moment Customer has paid any outstanding amount, including interest and costs, in full.
Price increases within three (3) months of the order confirmation/conclusion of agreement are only allowed if they are a direct result of Dutch law or regulations.
this is CURRATED. is allowed to increase the prices after three (3) months after order confirmation/conclusion of agreement if they are a direct result of Dutch law or regulations. In this case the Customer has the right to terminate the order/agreement on the date the price increase is effective.
ARTICLE 7 CANCELLATION RIGHT CONSUMERS
Consumer has the right in case of an online buy at the Website to terminate the agreement/order without reason (“Cancellation Right”) within a reflection period (“Reflection Period”) of fourteen (14) days after receiving the Product. this is CURRATED. has the right to ask for the reason of cancellation, but Consumer cannot be obliged to provide the reason.
If this is CURRATED. does not provide Consumer with the by law prescribed information about the Cancellation Right or does not provide Consumer with the model withdrawal form for the execution of the Cancellation Right the Reflection Period will end twelve (12) months after the reflection period stated in Article 7.1.
If this is CURRATED. provides Consumer with the in article 7.2 mentioned format and/or model withdrawal form within twelve (12) months after the start date of the original Reflection Period, the Reflection Period will end fourteen (14) days after the Consumer receives the information and/or the model withdrawal form.
Article 7.1 is also applicable on Customers, not being a Consumer.
ARTICLE 8 OBLIGATIONS OF CONSUMER DURING THE REFLECTION PERIOD
Consumer will take due care of the Product and the packaging during the reflection period. Consumer will only unwrap and use the Product to the extent necessary to assess the nature, features and functioning of the Product. The starting point for the assessment by Consumer is the inspection Consumer would perform if buying the Product in a physical store.
The Consumer is only liable for the devaluation of the Product which is the direct result of improper use beyond the use permitted in article 8.1.
The Consumer is not liable for any devaluation under article 8.2 if this is CURRATED. has not provide the required information about the Cancellation Right before or at the moment of conclusion of the agreement.
Article 8.1 and article 8.2 are also applicable on Customers, not being a Consumer.
ARTICLE 9 PERFORMANCE OF CANCELLATION RIGHT CONSUMER
If Consumer makes use of his Cancellation Right he has to notify this is CURRATED. within the Reflection Period using the model withdrawal form or by means of another unambiguously/ clear statement to: firstname.lastname@example.org.
As soon as possible, but within fourteen (14) days after the day following the notification mentioned in Article 9.1 Consumer will send the Product back to:
this is CURRATED.
1017 CW Amsterdam
this is CURRATED. has a service and return policy: RETURNS & EXCHANGES.
In any case the Consumer has returned the Product on time if he sends back the Product back before the end of the Reflection Period.
The Consumer returns the Product back with all the delivered accessories, including but not limited to the attached seal and tag, and in original state and packaging, conform the reasonable and clear instructions of this is CURRATED.: Place the items in the original shipping box or any other solid carton box.
Fill out the returns form and include it inside the box.
Close the box and tape it securely.
Send the package with return form to:
this is CURRATED.
1017 CW Amsterdam
The risk and burden of proof for the timely and accurate execution of the Cancellation Right rest with the Consumer.
Consumer bares the costs for return of the Product to this is CURRATED. in Amsterdam, unless Consumer is not informed about the costs.
When returning Products that included a free gift, please be sure to include the free gift with the return or the refund amount will be adjusted to deduct the retail price of the free gift.
This article is also applicable on Customers, not being a Consumer.
ARTICLE 10 CANCELLATION RIGHT: OBLIGATIONS this is CURRATED.
If this is CURRATED. receives the notification mentioned in article 9.1 this is CURRATED. will promptly confirm the cancellation in writing or via e-mail.
this is CURRATED. will refund all payments made by Consumer to this is CURRATED. in relation to the cancellation of the Product and will also refund any delivery costs charged to Consumer for the Product, within fourteen (14) days of the notification of the cancellation. this is CURRATED. has the right to suspend payment until Consumer provides proof that the Product has been send back to this is CURRATED..
Repayment by this is CURRATED. will be done by the same payment method used by Consumer, unless Consumer agrees to another payment method. Repayment will be fulfilled without costs for the Consumer.
If delivery of the Product by this is CURRATED. has been done by a more expensive form of delivery than the cheapest standard delivery, this is CURRATED. does not have to repay the additional costs above the standards costs.
This article is also applicable on Customers, not being a Consumer.
ARTICLE 11 RETENTION OF TITLE AND RIGHTS
All Products delivered to the Customer shall remain the property of this is CURRATED. until such time as all amounts owed by Customer to this is CURRATED. pursuant to the Agreement have been paid in full.
All rights under this article are transferred to Customer under the condition Customer pays the agreed amounts on time and in full.
ARTICLE 12 FORVE MAJEURE
this is CURRATED. shall not be obliged to meet any obligations, including any guarantee obligation agreed between the Parties, and will not be liable for any damages, if it is prevented from meeting its obligations as a result of force majeure. Force majeure shall include: a situation of force majeure encountered by this is CURRATED. own Suppliers, failure by secondary Suppliers engaged by this is CURRATED. on the Customer’s instructions to duly meet their obligations, the defectiveness of items, hardware, software or materials provided by third Parties that this is CURRATED. has been instructed to use by the Customer, government measures, electricity failure, faults affecting the internet, computer network or telecommunication facilities, war, workload, strike action, general transport problems and the unavailability of one or more members of staff.
If a situation of force majeure lasts for longer than ninety (90) days, either of the Parties shall be entitled to terminate the Agreement in writing, without being liable to the other Party. Customer is not entitled to suspend or postpone the payment of any Products already delivered by this is CURRATED. and this is CURRATED. will in case necessary send an invoice to Customer for these Products.
ARTICLE 13 GUARANTEE
The delivered Products are considered to meet the specifications agreed upon by Parties in the agreement/ order, unless Customer proofs otherwise. In any case the Products will be fit for normal use upon delivery.
Customer has the obligation to inspect the Products upon delivery. Customer has the obligation to research the quantity and/or quality of the Products and to research if the quantity and/or quality meet the agreed requirements under the agreement/order.
If Customer is of the opinion the delivered Products do not meet the agreed requirements, he must notify this is CURRATED. in writing and with all the relevant details within fourteen (14) days after the Customer has or reasonable should have discovered the defects/shortcomings in the Products. The notification of Customer must include proof that the delivered Products do not meet the agreed requirements.
Customer will, upon first request by this is CURRATED. send the defect Product to this is CURRATED. in Amsterdam or its Supplier for inspection:
this is CURRATED.
1017 CW Amsterdam
Customer will at all time take due care of the defect Products and in the case Customer has to send the Products back he will take care of sufficient Packaging to avoid additional damages.
Customer not being a Consumer is not entitled to suspend or postpone payment of the delivered Products.
ARTICLE 14 INTELLECTUAL PROPERTY
All intellectual property rights provided by this is CURRATED. under the agreement to the Customer including but not limited to trademarks, patents, copyrights, design rights, trade secrets, logo’s, software, source codes, data files, hardware or other materials such as analyses, designs, documentation, reports, quotations and related preliminary material developed shall remain exclusively vested in this is CURRATED., its licensors or its Suppliers. The Customer shall only acquire those rights of use that are explicitly granted in the agreement/order, these Terms and Conditions and by law. Any rights of use granted to the Customer shall be non-exclusive, non-transferable, non-assignable to third Parties and non-sub licensable.
ARTICLE 15 LIABILITY
The total liability of this is CURRATED. due to an attributable failure to perform the agreement/order or due to any other reason, explicitly including any failure to comply with a guarantee obligation agreed with the Customer, shall be limited to compensation for direct damages not exceeding the sum of the agreement/order (excl. VAT in the case Customer is not a Consumer) or part of the agreement/order (for example the relevant defect Product of Customer) from which the liability of this is CURRATED. derives from.
this is CURRATED. is not liable for incorrect use of the delivered Products by Customer or for use of the delivered Products for a purpose which the Product or Service is not suitable for.
Except where performance by this is CURRATED. is permanently impossible, this is CURRATED. shall only be liable as a result of an attributable failure to perform an Agreement if the Customer gives this is CURRATED. immediate notice of default in writing, setting a reasonable term in which the breach can be remedied, and this is CURRATED. still attributably fails to meet its obligations after this period. The notice of default must contain as comprehensive and detailed a description of the breach as possible, in order to ensure that this is CURRATED. has the opportunity to respond adequately.
A condition for the existence of any right to compensation shall in all cases be that the Customer notifies this is CURRATED. in writing of the loss or damage as soon as possible after it occurs, but no later than two (2) months after the establishment of the damage by the Customer. Any claims for damages against this is CRTD. shall expire by the mere passage of twelve (12) months from the date on which the claim arose.
The exclusions and restrictions to this is CURRATED.’ liability, as described in the preceding paragraphs of this article, shall not affect the remaining exclusions and restrictions to this is CURRATED.’ liability set out in these Terms and Conditions in any way.
The exclusions and restrictions referred to in this shall no longer apply if and in so far as the loss is the result of intentional acts or deliberate recklessness on the part of this is CURRATED., it’s management or employees.
ARTICLE 16 PRIVACY, DATA PROCESSING AND SECURITY
If this is CURRATED. is obliged to provide some form of information security, this security shall meet the specifications in respect of security agreed between the Parties in writing. If the agreement does not include an explicit description of security measures, the security measures shall be of such a level that, having regard to the state of the art, the sensitivity of the data and the costs associated with the implementation of the security measures are not unreasonable.
All personal data provided by the Customer will only be used by this is CURRATED. for the performance of the agreement/order including these Terms and Conditions and will only be provided to third Parties if necessary for the performance of the agreement/order and the goals agreed therein.
this is CURRATED. takes reasonable care to make their website secure. All credit/debit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered this is CURRATED. user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shipping experience is safe, simple, and secure, this is CURRATED. uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
ARTICLE 17 TERMINATION FOR BREACH
Both of the Parties shall only be authorized to rescind the Agreement as a result of an attributable failure to perform this Agreement if the other Party, in all cases following written notice of default providing as many details as possible and setting a reasonable term in which the breach can be remedied, attributably fails to meet its fundamental obligations arising from this Agreement. The Customer’s payment obligations and all other obligations to cooperate imposed on the Customer or on a third Party to be engaged by the Customer shall in all cases be regarded as fundamental obligations arising from the Agreement.
Either of the Parties shall be entitled to terminate the Agreement in part or in full, with immediate effect, in writing without notice of default if the other Party is granted a moratorium of payments, provisionally or otherwise, if a winding-up petition is filed in respect of the other Party, if the other Party’s company is wound up, the other Party’s company is declared bankrupt or the other Party’s company is terminated for reasons other than reconstruction or the merger of companies, or if there is a change in the individual or board that has decisive control over the Customer’s company. this is CURRATED. shall under no circumstances be obliged to reimburse any sums of money that have already been received or to pay any compensation in the event of such termination.
ARTICLE 18 TERMS AND CONFITIONS
All offers, agreements and other statements under which this is CURRATED. will deliver Products to the Customer shall be subject to these general Terms and Conditions, except where specified otherwise in writing by this is CURRATED.. All offers or statements by this is CURRATED. are not binding for this is CURRATED., except where specified otherwise in writing by this is CURRATED..
Additions to or deviations from these Terms and Conditions shall only apply where agreed in writing between the Parties.
Customer agrees to the Terms and Conditions upon placing an order for the delivery of Products with this is CURRATED.. this is CURRATED. has the right to alter, modify and/or change these Terms and Conditions. The altered Terms and Conditions will apply to the following order by Customer.
The applicability of any of the Customer’s purchasing Terms and Conditions or any other Terms and Conditions is expressly rejected, unless agreed otherwise by this is CURRATED. in writing.
If this is CURRATED. makes use of a third party for the execution of the agreement, for an example the delivery of Products, these Terms and Conditions are applicable.
If any provision of these Terms and Conditions is null and void or is voided, the other provisions of these Terms and Conditions will remain fully in effect. In this case, this is CURRATED. and the Customer will consult with one another to agree new provisions to replace the void or voided ones. In doing so, the purpose and meaning of the void or voided provision will be taken into account as far as possible.
ARTICLE 19 APPLICABLE LAW AND DISPUTES
The Agreements between this is CURRATED. and Customer are governed by Dutch law. The applicability of the Convention on Contracts for the International Sale of Goods 1980 is excluded.
Any disputes that may arise between this is CURRATED. and Customer on the basis of an agreement concluded between this is CURRATED. and Customer or as a result of further agreements that arise from such an agreement, will exclusively be brought before the competent civil court in Amsterdam, the Netherlands.
The Consumer has in deviation from article 19.2 the right to bring any dispute between Parties before the competent civil court.
ARTICLE 20 TAXES AND DUTIES
All countries within the European Union are shipped on DDP (Delivery Duty Paid) basis, which means that taxes and duties are included in the final price. Important: Some countries outside the European Union, e.g. the United States, require an import duty payment upon arrival of your order. this is CURRATED. does not reimburse these costs.
ARTICLE 21 IMPORTANT INFORMATION
All orders are fully traceable through your tracking code. Delivery times are provided as guidelines only, and do not take into account possible delays caused by payment authorization and/or stock availability.