IV Wears: IV Wears, established in Doesburg under Chamber of Commerce no.84117559 .
Customer: the person with whom IV Wears has entered into an agreement.
Parties: IV Wears and customer together.
Consumer: a customer who is also a natural person and who acts as a private individual.
Applicability of delivery conditions These delivery conditions apply to all activities, orders, agreements and deliveries of services or products by or on behalf of IV Wears. Parties can only deviate from these delivery terms and conditions if they have expressly agreed this in writing. The parties expressly exclude the applicability of additional and/or deviating general and/or delivery terms and conditions of the customer or third parties.
Consequences of not paying on time
If the customer does not pay within the agreed term, IV Wears is entitled from the day the customer is in default to charge the statutory interest of 2% per month for non-commercial transactions, whereby part of a month is for a whole month. month expires. counted.
If the customer is in default, he also owes extrajudicial collection costs and any compensation to IV Wears.
The collection costs are calculated on the basis of the Decree on reimbursement of extrajudicial collection costs.
If the customer does not pay on time, IV Wears can suspend its obligations until the customer's payment obligation has been met.
In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, IV Wears' claims against the customer are immediately due and payable.
If the customer refuses to cooperate in the execution of the agreement by IV Wears, he is still obliged to pay the full agreed price to IV Wears.
Right to Advertising
As soon as the customer is in default, IV Wears is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
IV Wears invokes the right to complain by means of written or electronic communication.
As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to IV Wears, unless the parties agree otherwise.
The costs for collecting or returning the products are for the account of the customer.
Right of withdrawal
A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that: the product has not been used it is not a product that can spoil quickly, such as food or flowers it is not a product that is specially tailored for the consumer made or modified it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal of the delivered item is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.) the product is not a journey , ticket, catering order or form of leisure activity the product is not a separate magazine or newspaper it is not an (order for) emergency repair the consumer has not waived his right of withdrawal
The reflection period of 14 days as referred to in paragraph 1 starts: on the day after the consumer has received the last product or part of 1 order as soon as the consumer has received the first product with a subscription as soon as the consumer has purchased a service for the only as soon as the consumer has confirmed that he will purchase digital content via the internet
The consumer can make his appeal to the right of withdrawal known viaInfo@ivwears.store, if desired using the withdrawal form that can be downloaded from the IV Wears website, Ivwears.store.
The consumer is obliged to return the product to IV Wears within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.
Reimbursement of delivery costs
If the consumer has made timely use of his right of withdrawal and has therefore returned the complete order to IV Wears in time, IV Wears will pay any shipping costs paid by the consumer within 14 days of receipt of the timely and fully returned order to the refunding consumer.
The costs for delivery are exclusively for the account of IV Wears insofar as the complete order is returned.
Reimbursement return costs
If the consumer makes use of his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation under this agreement.
Right of retention
IV Wears may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices relating to IV Wears, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to IV Wears.
IV Wears is never liable for any damage that the customer may suffer as a result of the use of his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt owed to IV Wears against a claim against IV Wears.
Retention of title
IV Wears remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards IV Wears, including claims about shortcomings in the fulfillment of the agreement.
Until that time, IV Wears can at all times invoke its retention of title and take back the goods.
Before ownership has passed to the customer, the customer may not pledge, sell or dispose of or otherwise object to the products.
If IV Wears invokes its retention of title, the agreement is deemed to have been dissolved and IV Wears is entitled to compensation, lost profit and interest.
Delivery takes place while stocks last.
Delivery takes place at IV Wears, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address specified by the customer.
If the agreed amounts are not paid or are not paid on time, IV Wears has the right to suspend the obligations until the agreed part has been paid.
In the event of late payment, there is a default by creditors, which means that the customer cannot object to IV Wears due to late delivery.
Time to deliver
The delivery times specified by IV Wears are indicative and if they are exceeded, they do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
The delivery time starts at the moment that the customer has completed the (electronic) ordering process and has received an (electronic confirmation) from IV Wears.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless IV Wears is unable to deliver within 14 days after having been summoned to do so in writing or if the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Delivery and transfer of risk
The risk of loss, damage or depreciation of a purchased item passes to the customer when the item is brought under the control of the customer.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packing and Shipping
If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which IV Wears cannot be held liable. held for any damage.
If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to IV Wears prior to the transport, failing which IV Wears cannot be held liable for any damage.
If the customer does not receive ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs as a result of early or late purchase of products are fully borne by the customer.
The warranty with regard to products only applies to defects caused by manufacturing, construction or material defects.
The warranty does not apply in case of normal wear and tear and damage resulting from accidents, changes to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when they are legally and/or actually delivered, at least come under the control of the customer or from a third party. who takes delivery of the product on behalf of the customer.
Exchanging purchased items is only possible if the following conditions are met: exchange takes place within 14 days of purchase upon presentation of the original invoice the product is returned in the original packaging or with the original (price) tags still attached to the product has not yet been used
Discounted items, non-perishable items such as foodstuffs, custom items or custom items cannot be exchanged.
The customer indemnifies IV Wears against all third-party claims related to the products and/or services supplied by IV Wears.
The customer must examine a product or service provided by IV Wears as soon as possible for any shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform IV Wears of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. .
Consumers must inform IV Wears of this within 2 months after discovery of the shortcomings.
The customer provides as detailed a description as possible of the shortcoming, so that IV Wears is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to IV Wears being obliged to perform other work than has been agreed.
Notice of default
The customer must give IV Wears written notice of default.
It is the customer's responsibility that a notice of default actually reaches IV Wears (on time). Main liability of customer. If IV Wears enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to IV Wears under that agreement.
Liability IV bears
IV Wears is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
If IV Wears is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
IV Wears is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
If IV Wears should be liable, then this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the ) invoice amount to which the liability relates.
All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation. Expiration period. Any right of the customer to compensation from IV Wears expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
The customer has the right to dissolve the agreement if IV Wears imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
If the fulfillment of the obligations by IV Wears is not permanently or temporarily impossible, dissolution can only take place after IV Wears is in default.
IV Wears has the right to dissolve the agreement with the customer, if the customer does not, not fully or not timely fulfill his obligations under the agreement, or if IV Wears has taken cognizance of circumstances that give him good grounds to fear that the customer is not fulfilling his obligations. can properly fulfill its obligations.
In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by IV Wears in the fulfillment of any obligation towards the customer cannot be attributed to IV Wears in any circumstances on the part of IV Wears independent of the situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of IV Wears.
The force majeure situation referred to in paragraph 1 also includes, but is not limited to: state of emergency (such as: civil war, insurrection, riot, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation occurs as a result of which IV Wears cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until IV Wears can meet them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties can dissolve the agreement in writing in whole or in part.
IV Wears does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation. Amendment of the Agreement. If after the conclusion of the agreement it appears necessary for its implementation to change or supplement the content thereof, the parties will adjust the agreement accordingly in good time and in mutual consultation.
Change of delivery conditions
IV Wears is entitled to change or supplement these terms of delivery.
Minor changes can be made at any time.
IV Wears will discuss major substantive changes with the customer in advance as much as possible.
A consumer has the right to dissolve the agreement in the event of a substantial change in the delivery conditions.
Transfer of rights
Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of IV Wears.
This provision applies as a property law provision as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
If one or more provisions of these terms and conditions of delivery prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.
In that case, a provision that is null or voidable will be replaced by a provision that comes closest to what IV Wears had in mind when drafting the conditions on that point.
Applicable law and competent court
These delivery conditions and any agreement between the parties are exclusively governed by Dutch law.
2. The Dutch court in the district where IV Wears is located has exclusive jurisdiction to hear disputes between the parties, unless the law prescribes otherwise.
Applicability of delivery conditions
1. These terms of delivery are applicable since 09 September 2021.