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  • General terms and conditions

 

Everything you need to know as a retailer can be found on our B2B section, including our Terms and Conditions document

 

Terms and Conditions Webshop Barts B.V.

 

 

  1. Introduction

 

  • These terms and conditions apply to the entire use of our website.

 

  • By using our website you fully agree to these terms and conditions; if you do not agree with the terms and conditions or any part thereof, you must not use the website.

 

  • Both the closing agreement and the terms and conditions are governed by Dutch law.

 

 

  1. Contents

 

Article 1 – Definitions

 

Article 2 – Identity of the seller

 

Article 3 – Applicability

 

Article 4 – The offer

 

Article 5 – Formation and content agreement

 

Article 6 – Method of delivery and delivery dates

 

Article 7 – Price and payment

 

Article 8 – Right of withdrawal

 

Article 9 – Force Majeure / Unforeseeable Circumstances

 

Article 10 – Complaints

 

Article 11 – Intellectual property rights

 

Article 12 – Retention of title

 

Article 13 – Warranty and liability

 

Article 14 – Privacy

 

Article 15 – Disputes

 

Article 16 – Invalid provisions

 

Article 17 – Adjustment of terms and conditions

 

 

 

 

Article 1 – Definitions

 

The following conditions apply:

 

  1. Website: the website www.barts.eu;

 

  1. Grace period: The period within which the purchaser can make use of his Right of Withdrawal;

 

  1. Order: an order placed by the buyer, according to the procedure laid down in Article 5, for the supply of one or more products;

 

  1. Consumer / Purchaser: the natural person who is acting for purposes relating to his trade, business, craft or profession and is in agreement with the seller or any person close to placing an order with vendor;

 

  1. Day: a calendar day;

 

  1. Durable medium: any device – also including email – that enables the buyer or seller to store information addressed personally to him, in a way that future consultation or use for a period appropriate to the purpose for which it was intended, and on which an unchanged reproduction of the stored information is made.

 

  1. Right of Withdrawal: the ability of the purchaser to cancel the distance contract within the grace period;

 

  1. Purchase price: the price of a product listed on the website www.barts.eu

including VAT and shipping;

 

  1. Agreement: the order which has been accepted as such by the vendor;

relating to his trade, business, craft or profession;

 

  1. Distance contract: an agreement that is made between the seller and buyer within the framework of an organized system for distance selling of goods, digital content and / or services, up to and including the conclusion of the contract made solely or partly used in one or more means of distance communication;

 

  1. Seller: Barts B.V.

 

 

Article 2 – Identity of the seller

 

Barts B.V.

trading under the name / names: Barts / barts.eu

 

Establishment and visiting address:

Moermanskkade 101

1013 BC Amsterdam

 

Netherlands Phone: 020 42 08 585

Telephone hours: Mon – Fri from 9:00 to 17:00

Website: www.barts.eu

Email: shop@barts.eu

 

Commercial Register: 34,130,601

VAT number: NL 8183.33.406.B01

 

 

Article 3 – Applicability

 

3.1       These terms and conditions, which are provided by the seller online www.barts.eu apply to all offers, orders, agreements and overage legal relationships between buyer and seller regarding the use of the website www.barts.eu including purchase / sale of a product on or through the website.

 

3.2       Before the agreement is signed, the text of these general conditions will be made available to the buyer. If this is not reasonably possible before the contract is signed, the seller will indicate how to view the terms and conditions and ensure that they are sent free of charge as soon as possible, at the request of the buyer.

 

3.3       If the contract is signed electronically, notwithstanding the preceding paragraph and before the contract is finalised, the text of these terms and conditions will be made available to the buyer in such a way that they can be stored in a simple way on a durable data storage medium. If this is not reasonably possible, before the contract is concluded, it will be indicated where the general conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the request of the buyer.

 

 

Article 4 – The offer

 

4.1       If an offer has a limited duration or is subject to conditions,
this will be explicitly stated in the offer.

 

4.2       The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the buyer. If the seller uses images, these are a true reflection of the products, services and / or digital content. Obvious mistakes or errors in the offer do not bind the seller.

 

4.3       Each offer contains such information that is clear to the buyer what the rights and obligations associated with the acceptance of the offer.

 

 

 

 

Article 5 – Formation and content agreement

 

5.1       An agreement between the buyer and seller is concluded solely by acceptance by the seller of   the order (supply) of the buyer as follows or is placed through the website:

 

The buyer has selected the product into desired shape and size and the product added to the shopping cart;

 

The buyer has followed and completed the following steps;

 

Step 1: The buyer has completed his address, and if the delivery address is not the same as the invoice address, has given the delivery address;

Step 2: The buyer has checked the order;

Step 3: The buyer has selected the payment method and possibly (partly) paid for.

 

The order is placed and the buyer will receive a confirmation of the order placed electronically (via the website).

 

If the order is accepted by the seller, the seller will send a confirmation email to the buyer as soon as possible after placing the order.

 

5.2       The seller reserves the right to change the order placed by the buyer, including not accepting the order, if:

  • the total value of the order exceeds € 750,00;
  • the information given by the buyer is not correct and/or complete or seller can reasonably doubt whether this case;
  • the payment by the buyer is not received within the agreed period;
  • the buyer has failed in earlier payment obligations to the seller;
  • the buyer has already not received and / or not collected the seller’s orders;
  • there has been a manifest error or mistake e.g. in the prices displayed on the website;
  • the desired delivery address is not located in the Netherlands;
  • the buyer will notify the seller as soon as possible if an order is not accepted.

 

 

5.3       The seller will archive and preserve the contract for a certain time (at least 7 years). The buyer can see the contract, if he has his own account, by logging into their account. Also the buyer can request agreement with the seller – as long as it is filed with the seller – by contacting seller by the date stated in the contact page on the website.

 

 

5.4       The agreement and these terms represent the entire agreement between buyer and seller regarding the use of the website and the placement and execution of an order.

 

 

Article 6 – Method of delivery and delivery dates

 

6.1       Delivery occurs by a carrier designated by seller.

 

6.2       After the conclusion of the contract, the seller will receive the products as soon as possible but no later than fourteen (14) days, to the address specified by the buyer, if the full purchase price is received if the buyer, if the seller has selected pre-payment and unless a longer delivery time is agreed.

 

6.3       Agreed delivery dates are respected by the seller as much as possible. The buyer, however, acknowledges that the delivery dates are based on the seller at the time of signing of the agreement under known conditions, and the delivery is dependent on performance of third parties, and on the information provided to the seller to such third parties.

 

6.4       If delivery is delayed or if an order can not or only partially executed, the buyer will be notified within 14 (fourteen) days after the conclusion of the contract notice. The buyer may terminate the agreement without charge until the order is shipped.

 

6.5       The risk of damage or loss of the goods passes to the buyer from the moment of delivery.

 

 

Article 7 – Price and payment

 

7.1       The prices indicated on the website in local currency or in euros, include the Value Added Tax (VAT) and shipping. The cost of the return shipment are borne by the seller. When placing the order and confirming, the contract will display the total purchase price.

 

7.2       The seller may adjust the prices displayed on the website from time to time without requiring a notice here. The prices at the time of placing the order are the prices that are part of the agreement.

 

7.3       Payment will be made via the display on the website and must be made within 14 days after delivery of the product.

 

7.4.      The buyer has the duty to notify the seller immediately of any inaccuracies in payment information provided to the seller by the buyer.

 

7.5       In exceeding the payment buyer is legally in default and the seller is entitled to the outstanding amount from the due date and entitled to charge statutory interest.

 

 

Article 8 – Right of withdrawal

 

8.1       The buyer has the right to return the product delivered, free of charge without explanation, within a period of 14 days after receipt of the product as indicated by the seller if the product is unworn (trying on clothing is allowed), undamaged and (in as far as possible) in original, undamaged packaging. The premise here is that buyer may use and inspect the product only as he would be allowed to do in a shop. It is true that the buyer may only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product.

 

8.2       The buyer can not exchange the product for another product. The buyer will have to place a new order on the website.

 

8.3       The buyer shall only be liable for diminished value of the product if it is the result of a way of dealing with the product beyond those permitted in paragraph 1.

 

8.4       In the preceding paragraph 1, the seller shall refund the purchase price as soon as possible but no later than 14 days after the seller has received the returned product.

If not all of the parts of the products in the contract are returned, the seller is entitled to charge the original shipping cost to repay the purchase price, deducted as the same amount of postage as shipping the equivalent products would cost.

Article 9 – Force Majeure

 

9.1       The seller is not liable for any damage resulting from a delay in delivery or non-delivery caused      by circumstances that prevent the fulfilment of the obligation imposed on the seller, because they are beyond his control, nor under the law, a legal act or generally accepted as accounted for by – but not             limited to – war, threat of war, civil war, insurrection, a government-declared national mourning, strikes, transport difficulties, trade restrictions, problems with customs authorities, fire , flood, earthquake, collapse of the retailer engaged third parties, failure or untimely delivery of goods by suppliers of vendor, disruptions in the regular supply of goods to be delivered by third parties, including water, electricity and other serious disruptions in the business of seller or third parties engaged.

 

9.2       If the seller is unable to fulfil his obligations under the contract, by force majeure or untimely events, the seller shall be entitled to execute the agreement within a reasonable period or – if fulfilment within a reasonable period is not possible – to dissolve the agreement in full or partially, without being liable to pay any compensation to the buyer.

 

 

Article 10 – Complaints

 

10.1     The contact details of the seller and the buyer for the handling of complaints from engaged third parties are listed under the contact page on the website.

 

10.2     The buyer shall inspect the product upon delivery and shall inform the buyer promptly about any of the visible defects or other complaints about the performance of the contract. Such complaints must be submitted in writing, fully and clearly explained.

 

10.3     Complaints received will be answered by the seller within 14 days upon their receipt. If it is foreseeable that a complaint will require a longer processing time, the seller will make this known to the buyer within 14 days stating the time-frame in which the buyer can expect an answer.

 

10.4     The buyer acknowledges that minor and / or trade deemed permissible or technically difficult or unavoidable deviations in quality, size, colour, finish, etc. regarding the products are difficult to avoid and this is not a reasonable cause for complaint. Such complaints as well as complaints about the fact that certain items are removed from the range, are unfounded. The seller is not liable for the cost to the buyer suffered because of such complaints.

 

10.5     The buyer will fully cooperate with any retailer preset recall. The buyer shall immediately inform the seller if the buyer suspects that a product has a safety defect and the subject of a recall.

 

 


 

Article 11 – Intellectual property rights

 

11.1     All the products shown or indicated or otherwise connected brands with the products, product names, logos, models and designs (the “IPR”) are owned by seller or any of its group companies. The buyer acknowledges the ownership of the seller on the IP rights and will refrain from any use of the IP rights and the buyer shall refrain from any conduct that may harm or otherwise adversely affect the IPR.

Article 12 – Retention of title

12.1     The seller shall retain ownership of all goods delivered, or to be delivered, until the seller is fully satisfied that:

 

  • the outstanding performance (payment) obligations by the buyer for all delivered, or to be delivered, are completed.
  • claims for failure of the buyer comply with this agreement.

 

 

Article 13 – Warranty and liability

 

13.1     The seller is required by law to provide a product that meets the contract with the buyer.

 

13.2     The seller is not liable for indirect, incidental or consequential damages of any kind buyer suffers because of the agreement. Any direct damage for which seller is legally liable to the buyer for the purchase price will not exceed. This provision is the seller’s liability in case of injury or death can not be ruled out.

 

 

Article 14 – Privacy
14.1     The purpose of the processing of your personal data is to fulfil the contract by the seller. The data of buyer will be disclosed to any third parties exclusively for this purpose.

 

14.2     The personal data processed, all information entered by the buyer in the order form when buyer orders a product or ordered. By entering into an agreement with the seller to which these conditions apply, the buyer gives express consent to the seller for the processing of his personal data.

 

14.3     The buyer may make a written request, to be sent to the seller, to see the personal data at any time. The seller shall allow the buyer 4 (four) weeks to provide an overview of the personal data held by        seller. If the buyer believes that personal details should be improved, removed or protected because they are factually incorrect, incomplete or irrelevant or processed in violation of a statutory provision for the sales process, the buyer must notify the seller in writing.

 

 

Article 15 – Disputes

 

15.1     Only Dutch law and the Dutch courts apply to contracts between the seller and buyer on all general conditions.

 

 

Article 16 – Invalid provisions

 

16.1     If any provision of these terms and conditions prove to be invalid, the remaining provisions of these conditions remain in force and the invalid provision should be interpreted as or converted into a valid provision having ,as much as possible, the same purpose.

 

 

 

 

Article 17 – Modification terms

 

17.1     These terms and conditions may be amended by the seller from time to time. The latest terms and conditions are posted on the website.

 

17.2     The buyer shall always refer to these terms and conditions before the buyer makes use of the website. If the buyer can not see the Terms and Conditions via the Internet, the seller will request the latest copy of the terms and conditions by email is sent to the buyer.