Terms and Conditions
Contact Us
E-mail: filthsales@gmail.com
Website: https://www.filth-latex.com
Definitions
Filth: Filth Latex Clothing, established in Amstelveen, Chamber of Commerce no. 82638829.
Customer: the party which Filth has entered into an agreement with.
Parties: Filth and customer together.
Consumer: a customer who is an individual acting for private purposes.
Applicability
These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Filth.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Offers and quotations
Offers and quotations from Filth are without engagement unless expressly stated otherwise.
An offer or quotation is valid for a maximum period of 1 month from its date unless another acceptance period is stated in the offer or quotation.
If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
Offers and quotations do not apply to repeated orders unless the parties have agreed upon this explicitly and in writing.
Acceptance
Upon acceptance of a quotation or offer without engagement, Filth reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer.
Verbal acceptance of the customer only commits Filth after the customer has confirmed this in writing (or electronically).
Prices
All prices used by Filth are in euros are exclusive of VAT, and are exclusive of any other costs such as administration costs, levies, and travel, shipping, or transport expenses unless expressly stated otherwise or agreed otherwise.
Filth is entitled to adjust all prices for its products or services, shown in its shop, on its website, or otherwise, at any time.
Increases in the cost prices of products or parts thereof, which Filth could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Samples/models
If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Payments and payment term
Filth may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
The customer must have paid the full amount, after delivery.
Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Filth having to send the customer a reminder or put him in default.
Filth reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payment
If the customer does not pay within the agreed term, Filth is entitled to charge an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Filth.
The collection costs are calculated on the basis of the reimbursement for extrajudicial collection costs.
If the customer does not pay on time, Filth may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment, or suspension of payment on behalf of the customer, the claims of Filth on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Filth, he is still obliged to pay the agreed price to Filth.
Right of recovery of goods
As soon as the customer is in default, FIlth is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Filth invokes the right of recovery by means of a written or electronic announcement.
As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Filth, unless the parties agree to make other arrangements about this.
The costs for the collection or return of the products are at the expense of the customer.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
Filth can appeal to his right of retention of title and in that case, retain the products sold by Filth to the customer until the customer has paid all outstanding invoices with regard to Filth unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Filth.
FIlth is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Settlement
The customer waives his right to settle any debt to Filth with any claim on Filth.
Retention of title
Filth remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Filth under whatever agreement with Filth including claims regarding the shortcomings in the performance.
Until then, Filth can invoke its retention of title and take back the goods.
Before the property is transferred to the customer, the customer may not pledge, sell, dispose of, or otherwise encumber the products.
If Filth invokes its retention of title, the agreement will be dissolved and Filth has the right to claim compensation, lost profits, and interest.
Delivery
Delivery takes place while stocks last.
Delivery takes place at Filth unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed price is not paid on time, Filth has the right to suspend its obligations until the agreed price is fully paid.
In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Filth.
Delivery period
Any delivery period specified by Filth is indicative and does not give the customer the right to dissolution or compensation if this period is not met unless the parties have expressly agreed otherwise in writing.
The delivery period starts after the customer has signed the agreement with Filth and is confirmed in writing or electronically by Filth to the customer.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract unless Filth cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs
Transport costs are paid by the customer unless the parties have agreed otherwise.
Packaging and shipping
If the package 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. In the absence of this Filth may not be held liable for any damage.
If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Filth, failing which Filth cannot be held liable for any damage.
Insurance Storage
If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.
Assembly / Installation
Although Filth strives to carry out all assembly and/or installation work as well as possible, it does not bear any responsibility for this, except in case of intent or gross negligence.
Guarantee
The warranty relating to products only applies to defects caused by faulty manufacture, construction, or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least in the power of the customer or of a third party who receives the product for the benefit of the customer.
Exchange
Exchange is only possible if the following conditions are met:
the exchange takes place within 7 days after purchase upon presentation of the original invoice
the product is returned in the original packaging or with the original (price) tags still attached to it
the product has not been used
Discounted items, non-shelf articles such as food, custom-made items, or specially adapted articles for the customer, and any custom or made-to-measure cannot be exchanged.
Indemnity
The customer indemnifies Filth against all third-party claims that are related to the products and/or services supplied by Filth.
Complaints
The customer must examine a product or service provided by Filth as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Filth of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Filth of this within two months after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that Filth 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 Filth being forced to perform other work than has been agreed.
Giving notice
The customer must provide any notice of default to Filth in writing.
It is the responsibility of the customer that a notice of default actually reaches Filth (in time).
Joint and several Client liabilities
If Filth enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Filth under that agreement.
Liability of Filth
Filth is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Filth is liable for any damage, it is only liable for direct damages that result from or are related to the execution of an agreement.
Filth is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties.
If Filth is liable, its liability is limited to the amount paid by a closed (professional) liability insurance, and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, and descriptions on the website or in a catalog are only indicative and only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from FILTH shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in Article 6:89 Dutch Civil Code.
Dissolution
The customer has the right to dissolve the agreement if Filth imputably fails in the fulfillment of his obligations unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Filth is not permanent or temporarily impossible, dissolution can only take place after Filth is in default.
Filth has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Filth good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Filth in the fulfillment of any obligation to the customer cannot be attributed to Filth in any situation independent of the will of Filth, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Filth.
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to the state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages.
If a situation of force majeure arises as a result of which Filth cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Filth can comply with them.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Filth does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
Filth is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by Filth with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with Filth to third parties without the prior written consent of Filth.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Filth had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Filth is established is exclusively competent in case of any disputes between parties unless the law prescribes otherwise.
Attribution
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl)
Drawn up on 26 June 2023.