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General terms & conditions
General Terms and Conditions
Passion for Linen
Article 1. Definitions
1.1. In these General Terms and Conditions the following definitions apply:
- Passion for Linen: the User of these General Terms and Conditions: Passion for Linen postal address: Postbus 2, 5900 AA at Venlo, registered with the Chamber of Commerce under “KvK” number 24334094;
- Customer: the company that concludes an Agreement with Passion for Linen;
- Agreement: the Agreement between Passion for Linen and Customer;
- Website: the Website www.passionforlinen.com at which Customer may order products from Passion for Linen.
Article 2. General
2.1. These General Terms and Conditions apply to Agreements concluded between Passion for Linen and Customer.
2.2. Terms of purchase of Customer do not apply.
2.3. Passion for Linen has the right to modify the General Terms and Conditions. The applicable version is the version of the General Terms and Conditions that applied at the time of conclusion of the Agreement.
Article 3. Offer
3.1. Offers of Passion for Linen are free of engagement.
3.2. Apparent mistakes or typographical errors in the offer of Passion for Linen, on the Website or in email messages are not binding on Passion for Linen.
Article 4. Conclusion of the Agreement
4.1. The Agreement is concluded after:
- Customer has placed an order with Passion for Linen by email; or
- Customer has successfully completed the entire order process through the Website.
4.2. The Agreement cannot be concluded through the Website until after Customer during the order process has checked the box to indicate that Customer accepts these General Terms and Conditions.
4.3. After the Agreement has been concluded Passion for Linen will send Customer a confirmation by email. This confirmation email will contain the order number and other information of the order of Customer. In case Customer has not received a confirmation email from Passion for Linen or in case the confirmation email does not correctly reflect the order of Customer, Customer is required to contact Customer Service of Passion for Linen as soon as possible.
4.4. An order, once it has been placed, cannot be cancelled.
Article 5. Account
5.1. Customer can create an account on the Website. Customer itself is responsible for keeping its log in codes secret. In case Customer notices that an unauthorized third party uses its log in codes Customer is obliged to inform Passion for Linen of that as soon as possible.
Article 6. Prices and shipping
6.1. Prices indicated are expressed in euro and are exclusive of VAT ( “btw”) and exclusive of shipping.
6.2. Passion for Linen has the right to modify its prices from time to time.
6.3. In case of destinations within the EU shipping costs for delivery of the order are borne by Customer. In case the invoice value of the order is € 1.500,- exclusive of VAT or higher, no shipping will be charged to Customer.
Article 7. Time of delivery
7.1. Stated times of delivery are never final deadlines.
7.2. Non-observance of the time of delivery does not result in a right to damages or a right to terminate the Agreement.
Article 8. Delivery
8.1. The order is sent to the address specified by Customer.
8.2. Customer is obliged to see to proper access to the destination at which the products are to be delivered.
8.3. Passion for Linen has the right to deliver part deliveries.
8.4. Customer is obliged to take receipt of the products delivered. This obligation is not affected by any non-observance of the time of delivery.
8.5. Transport damage to the products delivered must be stated on the delivery note. Passion for Linen must be informed of any product damage immediately after delivery.
8.6. The risk in the products shall pass to Customer at the time at which the products have been delivered to Customer or a third party specified by Customer.
8.7. Customer itself is responsible for any import duties, customs formalities and taxes due in connection with the products.
Article 9. Obligations of Customer
9.1. Customer will ensure that any information specified by Passion for Linen as necessary for the performance of the Agreement or which Customer should reasonably understand to be necessary for the performance of the Agreement, is made available to Passion for Linen in a timely manner.
9.2. Customer is obliged to notify Passion for Linen in writing or by email of any changes of Customer’s address as soon as possible.
Article 10. Invoices and payment
10.1. Customer’s first order with Passion for Linen is invoiced in advance. After Passion for Linen has received Customer’s payment, Passion for Linen will proceed to delivery of the order.
10.2. Subsequent orders will be invoiced afterwards. The invoice for subsequent orders must be paid within 21 days of delivery.
10.3. Payment must take place without discount or setoff.
10.4. In case of late payment by Customer Passion for Linen shall have the right to suspend any (further) deliveries to Customer until any amounts due, increased by interest and costs, have been paid by Customer. Passion for Linen is not liable for any damage caused to Customer due to said suspension.
10.5. In case of late payment by Customer, Customer shall be in default and shall be charged legal, commercial interest from the due date until the entire amount due has been settled. Any judicial and extrajudicial costs of collection incurred by Passion for Linen for the purpose of collection of the claim on Customer shall be borne by Customer. The extrajudicial costs of collection are fixed at 15% of the principal amount with a minimum of € 150,-.
Article 11. Reservation of property
11.1. All products delivered and to be delivered will remain the property of Passion for Linen, until all current and future claims of Passion for Linen on Customer have been paid in full.
Article 12. Complaints
12.1. Customer is obliged to check the order immediately upon delivery. Customer is obliged to check:
- whether the correct products have been delivered;
- whether the correct number of products has been delivered;
- whether the products do not have any visible defects.
12.2. If the delivered order is not correct or complete or in case a product has visible defects, Customer is obliged to inform Passion for Linen of that as soon as possible after delivery.
12.3. A defective product does not give Customer the right to refuse the entire order of which said product is a part.
12.4. Complaints do not suspend Customer’s payment obligations.
Article 13. Warranty
13.1. A 1 year warranty is given for the fabric of the products. That means that – in case the fabric shows signs of wear and tear within one year after the sale to an end user and provided that the claim under warranty is accepted by Passion for Linen – Passion for Linen will supply a new product or will credit the purchase price of the product.
13.2. In case Customer invokes the warranty Customer must show that the claim under warranty has been submitted within the term referred to in article 13.1, for instance by providing to Passion for Linen (a copy of) the receipt of the end user.
13.3. Before Passion for Linen accepts the claim under warranty Customer shall return the product to Passion for Linen in order to enable Passion for Linen to inspect the claim under warranty.
13.4. In case the inspection under warranty shows that one of the situations below applies, the claim under warranty will be rejected:
- if tears in the product were caused by incorrect use;
- if the product has not been treated according to the washing label and/or washing instructions.
Article 14. Customer service
14.1. For questions about an order, submitting a complaint of invoking warranty Customer may contact the customer service of Passion for Linen. Customer service can be contacted as follows:
- by telephone, no. 0031 (0)26 3736306 from Monday to Friday from 8:00 to 20:00 hours;
- by email, address [email protected]
Article 15. Liability and prescription
15.1. Passion for Linen cannot be made liable for the (temporary) unavailability of the Website.
15.2. Passion for Linen is not liable for damage caused by Passion for Linen acting upon incorrect and/or incomplete information provided by Customer.
15.3. Colours shown on Customer’s screen may differ from actual product colours. Passion for Linen is not liable for such differences in colour.
15.4. Passion for Linen is never liable for consequential damage, such as loss of turnover, loss of profit, loss of savings, operating damage, interruption of business activities, damage due to stagnation, reputational damage, any penalties imposed and indirect damage however caused.
15.5. In case Passion for Linen should be liable for any damage the liability of Passion for Linen shall be limited to the amount paid by the insurer of Passion for Linen. In case the insurer does not pay or the damage is not covered by the insurance the liability of Passion for Linen shall be limited to the amount of the invoice, i.e. that part of the Agreement to which said liability applies.
15.6. The right to submit claims will become prescribed after one year.
Article 16. Force Majeure
16.1. In case of Force Majeure Passion for Linen cannot be required to perform the Agreement and in that case Passion for Linen is not liable for damage or future caused to Customer as a result of said Force majeure circumstances. Force majeure is understood to include but is not limited to: a non-attributable default on the part of a supplier of Passion for Linen or a transport company engaged; transport restrictions, theft, weather influences, strike, riot, war and terrorism, traffic obstructions, export and import restrictions, fire, interruptions of the internet and/or email traffic, power interruptions, government measures.
Article 17. Applicable law and competent court of law
17.1. The Agreement is governed by Netherlands law. The application of the Vienna Convention on Sales is excluded.
17.2. Any disputes between Customer and Passion for Linen shall be submitted to the competent court in the district in which Passion for Linen is registered.