General Terms and Conditions Ceauture B.V.
These are the General Terms and Conditions of Ceauture B.V., hereinafter referred to as Ceauture. These General Terms and Conditions apply to all Agreements between a Client and Ceauture, whether or not these have come into effect via the Website.
Article 1 – Definitions
Terms written with a capital letter have the meaning as set out in this article in the singular as well as the plural.
- Account: the account of the Client that gives access to the clients’ portal whereby the Client can view and manage the purchased Products and Services.
- General Terms and Conditions: the present general terms and conditions, including the Appendices.
- Ceauture B.V., with its registered office at Singel 89 in (3311 PB) Dordrecht and registered in the commercial register of the Chamber of Commerce under number 81157258.
- Data: the data that the Client saves on the equipment of Ceauture or Third Parties for the purpose of the Agreement.
- Third Parties: the suppliers of Ceauture.
- Services: the services that Ceauture will provide to the Client, whether or not pursuant to an Agreement, such as tailor-made advice by means of software for the purpose of measuring the Size-ID.
- Intellectual Property: all intellectual property rights and the rights related thereto, including - but not limited to - copyright, database rights, domain name rights, trade name rights, rights to know-how, trademark rights, design rights, related rights and patent rights.
- Client: every legal entity or natural person, which/who does not act in the course of a profession, with which/whom Ceauture concludes an Agreement.
- Customer Services: the customer services of Ceauture. Can be reached by email, post and by telephone.
- Delivery: the delivery of the Products takes place by means of delivery of the products by a parcel delivery person to the address of the Client. Delivery of the Services takes place by means of making the Services available via the Website.
- Materials: all works, such as websites and (web) applications, software, corporate identities, logos, folders, brochures, leaflets, lettering, adverts, marketing and/or communication plans, concepts, images, texts, sketches, documentation, advice, reports and other products of the mind, as well as preparatory material thereof and (whether or not coded) files or data carriers in which or on which the Materials are saved.
- Agreement: the agreement(s) between the Client and Ceauture on the basis of which Ceauture delivers its Products to the Client and which these General Terms and Conditions form an integral part of.
- Products: the physical products to be delivered by Ceauture including, but not limited to, jeans.
- Website: the websites of Ceauture: https://ceauture.com.
- Working Days: Monday to Friday from 09:00 hours to 17:00 hours with the exception of public holidays.
Article 2 – Coming into effect of the Agreement
- An Agreement between Ceauture and the Client comes into effect when the Client creates an Account or buys Products from Ceauture (via the Website). When entering into an Agreement the Client also agrees to the applicability of these General Terms and Conditions and the privacy statement.
- The Agreement becomes binding by means of the (digital) sending of an order confirmation by Ceauture. The (digital) invoice will also be attached to this confirmation email. The Client must ensure that the email address entered when placing the order is correct.
Article 3 – Delivery of the Products
- After the Agreement has come into effect and the Client has met his or her payment obligation, Ceauture will make endeavours to deliver the Products as soon as possible and in conformity with the Agreement.
- If and insofar as required for the proper performance of the Agreement, Ceauture will have the right to have specific work executed by third parties. Any unexpected additional costs related thereto will only be at the Client's expense if this has been agreed in advance in writing. These General Terms and Conditions also apply to the work executed by third parties in the context of the Agreement, unless stated otherwise.
- No dispatch costs are charged for the Deliveries within the Netherlands.
- The Delivery Period generally amounts to 2 Working Days, calculated from the date of the confirmation of the order.
- In derogation from the provisions of subclause 4 of this article, a longer delivery period applies for tailor-made Products. An indication of the expected delivery period will be shown in the order process.
- The delivery periods, as referred to in subclause 4 and 5 of this article, are subject to change and indicative. The delivery periods can unintentionally increase due to unexpected circumstances or busy times at the delivery service.
Article 4 – Return consignments
- The Client can return the Products, without stating reasons, within 14 days after receipt in their original, unused and unwashed conditions, together with all original labels still attached, thereby terminating the Agreement (partially).
- If the Products contain defects or are damaged upon Delivery, the Client can return the Products at any time within 6 months after the purchase. Wear and tear cannot be regarded as a defect upon Delivery.
- In derogation from the provisions of subclause 1, the Client cannot return the tailor-made Products and it is not possible to revoke or terminate the Agreement related to tailor-made Products.
- If the Client revokes or (partially) terminates the Agreement, Ceauture must promptly, and no later than within ten (10) Working Days after receipt of the Products, repay all the payments that it has received from the Client, including the dispatch costs.
- The repayment of the dispatch costs consists of the standard dispatch costs. Any extra costs incurred, because the Client has chosen a manner of delivery other than the cheapest standard delivery offered by Ceauture, will be at the Client's own expense and will not be returned.
- The Client will be liable for any decrease in value of the Products, if this decrease in value can be attributed to a treatment of the Products, which is not necessary for establishing the nature, characteristics and functioning thereof.
Article 5 – Account
- The Client can voluntarily create an Account on the Website. It is not mandatory to have an Account for purchasing Products and concluding Agreements. However, an Account does offer the Client the option to review the purchases and to check the status of the order.
- If the Client decides to create an Account, various data must be stated, including the email address, the name and the address.
- Every action that takes place by means of the Account of the Client will be deemed to have taken place under the responsibility and at the risk of the Client.
- Communication regarding the performance and status of an Agreement will be sent to the email address linked to the Account. The Client declares that the email address provided to Ceauture is suitable for this communication.
Article 6 – Intellectual Property Rights
- All Intellectual Property Rights to the Website, or the Services, which are developed or made available by Ceauture, are exclusively vested in Ceauture or its suppliers.
- Nothing in the Agreement serves for the transfer, whether in part or in whole, of Intellectual Property.
- With regard to the use of the Services the Client acquires only the rights of use and entitlements ensuing from the scope of the Services. The Client guarantees that he/she will not reproduce or disclose the works and other results of the Services.
- The Client is not permitted to trace the source code of the Website or the Services by means of decompilation, reverse engineering, or otherwise, unless this is permitted by mandatory law.
- Ceauture is permitted to take technical measures for the protection of its Website, Services, Materials and the Materials of its suppliers. If Ceauture has secured these Materials by means of technical protection, the Client will not be permitted to remove or to circumvent this protection, except if and insofar as mandatory legal provisions determine the contrary.
Article 7 – Prices
- The prices stated on the Website are total prices and including VAT. Any extra delivery and dispatch costs will be indicated separately.
- Ceauture points out that for international Deliveries additional costs can arise such as bank charges, taxes and/or customs duties. These costs will be at the Client's expense.
- If a price is based on data provided by the Client and this data proves to be incorrect, Ceauture will have the right to adjust the prices accordingly, also after the Agreement has already come into effect.
Article 8 – Payment terms
- Payments can be made by means of iDEAL, credit card (VISA, Mastercard), Klarna (payment in arrears), SEPA authorisation, bank contact (BE), Giropay (BE), KBC/CBC (BE), Belvius direct (BE), Fort banking (DE) or by using PayPal.
- Ceauture will send only a digital invoice to the client for the amount owed or paid by the Client.
- If a payment is not made immediately, the payment term of an invoice will amount to 14 days after the invoice date, unless agreed otherwise or stated otherwise in the invoice.
- If an amount owed is not paid, or is not paid within the payment term, Ceauture will send a one-off reminder to the Client, whereby a last opportunity to pay will be offered to the Client. If the Client has not paid the amount in full within 14 days after receipt of the reminder, the Client will be in default. If the Client is in default all additional (collection) costs will also be recovered from the Client.
- If, upon request from the Client, a third party is invoiced, this will not release the Client in any manner whatsoever from his or her obligation. The Client remains jointly and severally liable for the fulfilment of his or her (payment) obligations.
Article 9 – Liability
- Ceauture is in the context of the coming into effect or performance of the Agreement not liable except in the cases stated below.
- The total liability of Ceauture vis-à-vis the Client due to attributable failures in the performance of an Agreement or otherwise, including wrongful acts committed by Ceauture, its employees, or the third parties engaged by Ceauture, is limited to compensation of direct damage.
- Unless mandatory legal provisions determine otherwise, the total compensation of any damage will under no circumstances amount to more than the maximum of the amount of the price stipulated for the Agreement.
- The liability of Ceauture due to attributable failure in the performance of the Agreement arises only if the Client has promptly and properly given notice of default in writing to Ceauture, whereby Ceauture is provided with a reasonable period to still correctly perform and Ceauture remains in default also after this period. The notice of default must contain a description with as much detail as possible of the failure, so that Ceauture will be able to adequately respond.
- The acquisition of any right to compensation will always be conditional upon the Client reporting the damage in writing to Ceauture as soon as possible after discovering it. Every claim by the Client for compensation will lapse due to the mere expiry of six (6) months after the Client has become aware, or reasonably should have become aware, of the circumstance that the Client has suffered damage, unless mandatory law determines otherwise.
- The Client indemnifies Ceauture against claims by third parties ensuing from a breach by the Client of the obligations in the Agreement.
Article 10 – Amendments
- Ceauture will be entitled to adjust or extend the General Terms and Conditions with due regard to a period of 30 days after the notification of the proposed amendment on the Website or by (electronic) message to the Client. If there is an amendment in the General Terms and Conditions that is disadvantageous for the Client, the Client will have the option to cancel the Account with effect from the date on which the adjusted and/or amended General Terms and Conditions will come into effect.
- If Ceauture makes amendments to these General Terms and Conditions, Ceauture will also make a version available on the publication thereof, which version will clearly state the included amendments. This will not be the case if more than 30% of the General Terms and Conditions will be amended.
- Ceauture will be entitled to implement amendments in the Agreement at any time, if (i) this is necessary in the context of amended legislation or regulations and (ii) this concerns amendments of minor importance. In these cases, the Client will not be entitled to terminate the Agreement (prematurely).
Article 11 – Concluding provisions
- The law of the Netherlands applies to the Agreement and these General Terms and Conditions. The Vienna Sales Convention is expressly excluded.
- Insofar as rules of mandatory law do not prescribe otherwise, any disputes that may arise in connection with an Agreement or these General Terms and Conditions will be submitted to the Dutch court with competent jurisdiction in the district of the Court of Rotterdam, location Rotterdam.
- If any provisions of the Agreement or these General Terms and Conditions prove to be in conflict with mandatory law, this will not affect the legal validity of the entire Agreement. The Parties will in that event determine a new provision (new provisions) for replacement, whereby linkage is sought as much as possible with the meaning of the original provision of the Agreement or these General Terms and Conditions.
These General Terms and Conditions were most recently updated on 26 May 2021, in Dordrecht.