TERMS & CONDITIONS
Section 1. GENERAL REMARKS
1.1. This website (hereinafter the « Website ») is published by 13EAU (hereinafter the « 13EAU »), a company registered in The Netherlands under Chamber of Commerce number: KVK 58791779 and VAT: NL212577608B01 with its head office at Driehuizerkerkweg 25, 1985 EJ in Driehuis The Netherlands. Its website is available on www.13eau.com
Its customer service is available by email at firstname.lastname@example.org.
1.2. Access to the Website and the use of its contents is subject to the conditions set out below. accessing the Website, the visitor is deemed to have irrevocably accepted these terms and conditions and to have agreed by to abide by them. If the visitor does not accept these terms, its only remedy is to discontinue use of the Website.
1.3. This Website and all its materials, text, code, content, software, graphics, photographs, illustrations and links contained in it or linked to it (together, hereinafter the « Content ») are protected by copyrights, trademarks and other intellectual property rights owned by or licensed to 13EAU.
1.4. Anyone accessing this Website is entitled to view any part of it for private and personal use. However, Content must not be used or reproduced (in whole or in part) for any other purpose, including, without limitation, on or in connection with any other Website or publication, or for direct commercial gain.
Section 2. TERMS & CONDITIONS
2.1. This document, together with the additional information available on the Website constitutes the Terms & Conditions (hereinafter the « T&C ») in force between the user of the Website (hereinafter the « Customer ») and 13EAU (hereinafter collectively the « Parties »). It governs the contractual relationship between the Parties in relation with any purchase made on or through the Website (hereinafter the « Transaction »).
2.2. At the time of verification of his/her order by checking the box provided for this purpose and clicking the "CHECK OUT" button, the Customer hereby states that he/she fully and unconditionally accepts these T&C.
2.3. Please read carefully the T&C before proceeding to any Transaction through the Website. The Customer is bound by the version of the T&C that is in force at the time Customer submit an online form (hereinafter the « Form ») confirming Customer’s intent to order products on the Website (hereinafter the « Order »).
2.4. Please refrain from using the Website, its Services or accessing it if you do not agree to the present T&C.
2.5. 13EAU proposes a copy of these terms and conditions via e-mail available upon request.
2.6. These T&C may change from time to time, without prior notice. Customer commit to regularly read these T&C in order to remain informed of their latest amendments.
Section 3. OPERATION OF THE WEBSITE
3.1. The Website is a secure online platform that allows the Customer to place an Order online and receive by mail the articles or goods offered for sale on the Website (hereinafter the « Product(s) »).
3.2. 13EAU does not guarantee that the Website, or any content on it, will always be available or that access will always be uninterrupted. Access to the 13EAU Website is permitted on a temporary basis. 13EAU reserves the right to suspend, withdraw, discontinue or alter all or any part of the Website at any time as it sees fit without notice. 13EAU shall not be liable for any reason due to which the Website is unavailable at any time or for any period.
3.3. 13EAU undertakes to provide adequate descriptions and visual representations of the products presented on the Website. 13EAU does however not warrant that the information or graphics contained on the Website or that are accessible through the Services would be at any time reliable, accurate, up-to-date, useful or comprehensive.
Section 4. CHARACTERISTICS OF PRODUCTS
4.1. The Products displayed on the Website are offered for sale to consumers only, that is, any natural person not acting in the exercise of a profession or business. By placing an Order on the Website, the Customer warrants that he/she will use the Product for his/her personal use only.
4.2. The purchase of the Products on the Website is only permitted by individuals who are eighteen (18) and over unless he/she has authorization from a parent or legal guardian of such individual.
4.3. The authoritative description of the Products is the description published on the Website at the time of the Order. Images of the Products are provided for information purposes only and shall not be representative of the characteristics of the Products, in particular with respect to general appearance, color or any other characteristic.
Section 5. PACKAGING
5.1. All Orders placed on the Website are sent with their original package and accessories (depending on the type of Product), and carefully packed.
Section 6. PRICE
6.1. All prices on the Website are indicated in the applicable currency and include VAT and exclude applicable Taxes according to of the Territory the billing and delivery addresses.
6.2. Shipment and delivery fees are not included, unless stated otherwise during the purchase process. Shipping costs are dependent upon the shipping destination and the type of delivery selected during the purchase procedure. Shipping costs will be on the order checkout page, in the Order Confirmation.
6.3. 13EAU is committed to having correct pricing information on the website, but cannot guarantee that no errors occur. In the event that the price of a product is incorrect, 13EAU will provide the customer the option to order the product at the correct price or to cancel the order. If 13EAU fails to contact the customer, the order will be considered cancelled.
Section 7. AVAILABILITY OF PRODUCTS
7.1. The Products that can be purchased on the Website are 13EAU’s. All Products are supplied according to their availability at the time of the Order. Items in the Customer’s shopping cart are not reserved and may be purchased by other Customers until the confirmation of the Order.
Section 8. ORDER
8.1. To purchase a Product, the Customer shall follow the instructions as they appear on the website.
8.2. To place an Order, the Customer must select the Product(s) of interest, the color and the size. The Product(s) selected for purchase will be added to the Customer’s shopping cart.
8.3. After reading and accepting the shipping expenses, the T&C and the general cancellation policy, the Customer determines the means of payment that will be used to complete the Transaction with the "Complete Order" button.
8.4. All changes or alterations to the data in the Order, can be made directly on the Website as long as the Order is not completed yet. After completion of the Order, the only way to make modifications is by email to ccteam@13EAU.com.
8.5. 13EAU reserves the right to reject or cancel an order, without being liable for any damages or costs in (among others) the following situations:
8.5.1. The Product is not available or the Product is out of stock;
8.5.2. The order is flagged by 13EAU's security systems as an unusual order or an order susceptible to fraud;
8.5.3. The Customer's billing information is not correct or not verifiable;
8.5.4. 13EAU has reason to believe the Customer is a reseller;
8.5.5. There was an error in the price displayed on the Website;
8.5.6. 13EAU cannot deliver to the shipping address provided by the Customer. In such event the Customer will be informed by email and any payments with respect to the order will be refunded.
Section 9. PURCHASE AGREEMENT
9.1. The purchase agreement entered into by the Parties, is considered closed and the Parties are duly contracted at the time the Customer’s Order properly passes, in accordance with the purchase procedure as mentioned on the Website and after 13EAU has received the confirmation of the payment. The Order that has been received by 13EAU is only binding if the entire purchase procedure has been followed properly and correctly, without any errors on the Website. 13EAU is not responsible for any errors caused by a technical failure due to the internet connection of the Customer.
9.2. 13EAU may obtain information – within statutory frameworks – about the Customer's ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the Agreement.
9.3. By placing his/her Order on the Website, the Customer acknowledges and confirms that he/she is aware of the instructions in the purchasing process, he/she has accepted them and he/she fully agrees to the terms hereof.
9.4. Subject to the acceptance of the Customer’s Order, 13EAU will send the Customer a confirmation of the conclusion of the Transaction to the email address that he/she provided when placing the Order. This e-mail will contain 13EAU's contact information, a summary of the Order, the price of the Products, the date and time of the Order, the shipping fees, the taxes and the mean of payment chosen by the Customer.
9.5. The Customer is advised to check the content of the e-mail thoroughly and should immediately notify 13EAU in the event of any errors or mistakes.
Section 10. PAYMENT
10.1. Customers can pay for the Products and corresponding delivery costs by credit card (VISA, MasterCard), iDEAL and PayPal.
10.2. Transactions are charged to the Customer's credit card after checking all the data and upon receipt of the authorization provided by the issuing company and upon acceptance of the Order by 13EAU.
10.3. In the event that of a failure to debit amounts from the client, the Transaction will be stopped and the sale cancelled.
Section 11. SHIPPING AND DELIVERY
11.1. The ordered Product(s) will be shipped to the Costumer within 1-3 business days, between Monday and Friday, excluding local, national and public holidays, after the confirmation of the order. 13EAU will send Customer, upon shipment of Order, a further confirmation email.
11.2. The shipping and delivery terms indicated in these T&C, on the Website or otherwise communicated by 13EAU are indicative and not guaranteed. If 13EAU is unable to meet the (estimated) shipping date, 13EAU will notify the Customer accordingly. 13EAU shall not be liable for any damages and costs arising out or in connection with delayed delivery. However, 13EAU strives to deliver the ordered Product(s), except in cases of force majeure, within a maximum period of thirty (30) days after the Customer has placed his/her order on the website. Unless the waiting time is otherwise indicated on the Website or confirmation e-mail.
11.3. The Product(s) purchased on the Website will be delivered exclusively to the address indicated on the credit card for security reasons, unless indicated otherwise by the Customer. Deliveries cannot be delivered to PO Boxes; these orders will not be processed.
11.4. If the shipping address is located outside the European Union, the Customer shall be responsible for assuring that the ordered Product(s) can be lawfully imported.
11.5. For the delivery of the Product(s), the Customer or his/her authorized person needs to be at the address as indicated in the order. For security reasons the recipient’s signature is required. If the courier offers the delivery to the customer, the Customer must verify: that the number of boxes is equal to the number specified in the shipping documents; that the packaging is not damaged, wet or has any other damage. All damage to the packaging or to the products or any deviation between the actual number of boxes delivered and the number of boxes indicated on the transportation document, must be reported immediately by written note on the delivery documents from the courier company. Once the Customer has signed the transport document of the courier company and no objection has been raised by the Customer, he/she may not object to the external characteristics of the delivered goods.
11.6. The shipping and delivery costs are the responsibility of the customer and are indicated on the Form. The shipping and delivery expenses will be based on the destination and the nature of the requested shipping method.
11.7. In the event that 13EAU is not able to deliver the goods, because of sudden or temporary unavailability of the products, 13EAU shall notify the customer of this without undue delay and in any event within thirty (30) days by e-mail. The amount paid by the customer will be refunded as soon as possible and in any case within thirty (30) days.
11.8. 13EAU retains the full and unconditional ownership of the ordered Product until the Product as well as all other claims of 13EAU vis-à-vis the Customer are paid in full. The Customer shall in no event have a right of retention with regard to the Product. 13EAU is entitled to repossess the Product if the Customer fails to fulfil any of its obligations under the Agreement and/or if 13EAU infers from the Customer's behavior or communication that the he/she will fail to fulfil any of its obligations under the Agreement.
11.9. All risks in connection with the Product shall pass to the Customer when the Product is delivered at the shipping address specified in the Order. If the Customer refuses or fails to take and/or accept delivery of the ordered Product, the Customer will be charged the actual costs of shipping the Product back to 13EAU.
11.10. Please note that all orders are subject to verifications - in particular the billing and shipping addresses and the means of payment. 13EAU reserves all rights to request additional identification information, if necessary. Such verifications can extend the delivery time for up to two (2) additional business days.
Section 12. RETURNS
12.1. The Customer has the right to withdraw from the Agreement and can return the purchased Product(s) within fourteen (14) calendar days without giving any reason. The withdrawal period will expire after fourteen (14) calendar days from the day on which the Customer (or a third party indicated by the Customer other than the carrier) acquires physical possession of the ordered Product. Each delivery contains simple instructions to return the products.
12.2. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.
12.3. Products must be returned in a saleable condition meaning that they must be unused with all delivered accessories and in their original packaging with garment tags and any other security devices or seals still attached and intact.
o Place the original box(es), the printed return form and the original a shipping parcel.
o Close properly the shipping parcel.
o In addition, Customer agree to take particular care when packing the Product to be returned.
12.4. 13EAU reserves the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken or tampered with. Service for damaged Products by fault of customer is not covered by the warranty and 13EAU cannot be held responsible.
12.5. Online orders cannot be returned at retailers and vice versa.
12.6. To exercise the right of withdrawal, the Customer must inform 13EAU of his decision to withdraw from the Agreement by filling out the Return Form on the Website within the withdrawal period. To meet the withdrawal deadline, it is sufficient for the Customer to fill out the Return Form before the withdrawal period has expired.
12.7. During the withdrawal period, the Customer shall handle and inspect the Product and the packaging with care, in the same manner as the Customer would be allowed to do in a retail shop. The Customer shall only unpack or use the Product to the extent necessary to establish the nature, the characteristics and the functioning of the Product. The Customer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
12.8. If the Customer exercises its right of withdrawal, he/she will return the Product to 13EAU at its own risk and expense, without undue delay and in any event no later than fourteen (14) calendar days from the day on which the Customer (or a third party indicated by the Customer other than the carrier) acquired physical possession of the ordered Product. If the Customer is located outside the European Union, the Consumer shall declare the returned Product as "Returns and Repairs of Dutch Merchandise" on the customs declaration.
12.9. Following receipt of Customer Products in return, and provided that the return conditions are met, 13EAU shall notify Customer by email that the refund of Customer Order is being processed. 13EAU will reimburse the relevant payments received from the Customer, excluding the costs of delivery, without undue delay and in any event not later than Thirty (30) calendar days from the day on which 13EAU has received the Product back. 13EAU will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction.
12.10. 13EAU is entitled to refuse to accept a returned Product and the reimbursement of payments if the Customer does not comply with the instructions of this clause.
12.11. All shipping costs for returning the products are to be paid by the customer. The costs incurred by the customer in connection with returning the products makes will not be refunded.
12.12. For returning the products 13EAU recommends a delivery company that provides a tracking number to track the shipment. 13EAU cannot be held responsible for any refund or reimbursement of products that have been lost, stolen or damaged.
Section 13. EXCHANGE
13.1. If the Customer wishes to exchange a Product, he/she needs to follow the same procedure as for a return. Please indicate on the return form the item to be exchanged, the reason for the exchange as well as the size requested.
13.2. 13EAU can only exchange an item for a different size in the same style and color.
13.3. Availability of the requested replacement item cannot be guaranteed. If the Product(s) is not available in stock, 13EAU will refund the Customer and send him/her a notification email.
13.4. 13EAU will do all it can to make the customer happy. However, as soon as the product is shipped for return, the order cannot be changed or cancelled until the products have been returned duly to 13EAU.
Section 14. COMPLAINTS
14.1. 13EAU wishes to point out that the Customer can rely upon the legal guarantee of conformity. The Customer is obliged to closely examine the delivered Product upon the day on which he/she (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the Product.
14.2. The Customer shall inform 13EAU of any complaints about defects and/or non-compliance with the specifications of the delivered Product, including but not limited to complaints in respect of visible defects and/or damages of the Product and/or the color of the Product. Any complaints shall be sent in writing to the following email address: ccteam@13EAU.com. The email shall contain a clear description of the complaint, the Customer's name, the order number included in the order confirmation and the article number of the Product and shall be sent within a reasonable time after the discovery of the defects, but in any case, no later than two (2) weeks after the discovery of the defects.
14.3. Complaints submitted to 13EAU will be replied within a period between five (5) and ten (10) Business Days, from the date of receipt of the complaint. The Consumer shall give 13EAU all such assistance as 13EAU may require for the purpose of examining the complaint. 13EAU is only obliged to take complaints into consideration, if 13EAU is given the opportunity to verify the complaint.
14.4. In the event of a timely, correct and justified complaint in accordance with this clause, the Customer shall be entitled to either replacement or repair of the defective or non-conforming Product, or an appropriate refund of the purchase price of the Product.
14.5. The Customer shall return the defective or non-conforming Product in its entirety to 13EAU. The return costs are initially for the account of the Customer. If the returned Product(s) are later confirmed to have a fault - whether major or minor – 13EAU will refund reasonable postage costs to the Customer.
14.6. The defective or non-conforming Product shall become 13EAU's property as soon as it has been replaced or refunded.
14.7. 13EAU reserves the right to refuse to follow up on a late claim, a claim relating to a defect for which the Customer is responsible, or which derives from the nature of the Product (certain Products might have some uneven parts and/or irregularities which are parts of the manufacturing process or correspond to the material used).
14.8. A complaint that does not meet the requirements set out in this clause, shall not be taken into consideration by 13EAU, the Product shall be deemed to have no defects and conform to the specifications and does not release the Customer from any of its obligations under the Agreement.
Section 15. GUARANTEE OF AUTHENTICITY
15.1. 13EAU guarantees the authenticity of all products purchased on the website. Products that carry the 13EAU label, are made by the best craftsmen, with the finest materials, and are thus of outstanding craftsmanship.
15.2. The original 13EAU products are sold exclusively through selected resellers and the website www.13EAU.com.
15.3. Like many world-leading brands, 13EAU Products are being copied by counterfeiters. 13EAU offers the possibility to check if a retailer is authentic on the Website.
15.4. 13EAU cannot warrant that the goods purchased from other sources will not be counterfeit, tampered with, second-hand or from dubious origins.
Section 16. LIMITATION OF LIABILITY
16.1. Under no circumstances shall 13EAU, its agents, staff and directors be liable for any damage resulting from customer use of the website and the services and / or resulting from the behavior of other users. in particular, 13EAU shall not be liable for damage resulting from technical, technological or other issues, arising from customer use of the services.
16.2. 13EAU shall not be liable for any failure or delay in performance if such failure or delay results from interruptions in the Product's manufacturing process or if such failure or delay is caused by force majeure, whether or not such force majeure was foreseeable at the time of the Agreement. As a result of such force majeure and/or default by one of 13EAU’s suppliers, 13EAU cannot reasonably be required to execute its obligations.
16.3. In the event that, as a consequence of force majeure and/or default by one of 13EAU's suppliers, 13EAU is prevented from fulfilling its obligations to the Customer, such obligation shall be suspended for the duration of the event of the force majeure and/or default by one of 13EAU's suppliers, the Customer shall not be entitled to any compensation whatsoever.
16.4. In the event that the force majeure and/or default by one of 13EAU’s suppliers extends or reasonably expected by 13EAU to extend for a period of three (3) consecutive months, 13EAU shall be entitled to cancel the affected Agreement without any liability towards the Customer.
16.5. 13EAU is committed to having up-to-date information on the website. 13EAU cannot guarantee that the website is absolutely flawless. There may appear typos, mistakes or inaccuracies on the website, some of which may relate to the price of the product, the product availability and/or the particulars of the products. 13EAU reserves the right to correct the errors and inaccuracies, even after the order has been confirmed and furthermore reserves the right to alter information on the website at any time without prior notice.
Section 17. SECURITY OF ELECTRONIC DATA TRANSFER
17.1. 13EAU undertakes to maintain at all times the highest standards of security. Not only the Website does use SSL (Secure Socket Layer) encryption, but it is also reinforced with all of the various existing encryption processes in order to provide the most effective protection possible for all sensitive payment information. 13EAU does not have any access to confidential information about the means of payment. Indeed, only its banking partner has access to confidential information (card number, validity date, secret code) and these pieces of information cannot be reached by any other third party.”
Section 18. PRIVACY
18.1. 13EAU will process personal details of the Customer in accordance with the privacy statement as specified down below.
18.2. By using the Website, the Customer is providing certain personal data to 13EAU. Which only retain and use the personal data provided directly by the Customer or for which it is clear that it has been supplied to 13EAU to be processed. The Customer’s privacy is of great importance to 13EAU. Therefor the processing of his/her personal data is done with the utmost care and in compliance with the requirements laid down by the Dutch Personal Data Protection Act (DPDA). 13EAU will not provide any personal data to third parties without the Customer’s permission. This privacy statement was last amended on the 29th of March 2016.
18.3. 13EAU uses the following data to process orders:
- Name and address
- Telephone number
- Billing address
- Email address
- Payment details
18.4. 13EAU has a newsletter to inform those interested of 13EAU’s products. The Customer’s email address will be added to the list of subscribers with his/her explicit consent only. Each newsletter contains a link to unsubscribe from the newsletter.
18.5. Certain features of 13EAU’s services require the Customer to register beforehand. After his/her registration 13EAU will retain the Customer’s user name and the personal data he/she provided so he/she do not have to re-enter it every time he/she visits the Website, to contact him/her in connection with the execution of the agreement, invoicing and payment, and to provide an overview of the Product(s) and services the Customer have purchased from 13EAU. 13EAU will not provide the data linked to the Customer’s user name to third parties, unless it is necessary for the execution of the agreement concluded with 13EAU or if this is required by law. In the event of suspicion of fraud or misuse of the Website 13EAU may hand over personal data to the entitled authorities. To register on the Website 13EAU requires the following data:
- Name and address
- Telephone number
- Billing address
- Email address
- Payment details
18.7. Google Analytics: To compile analytics, such as how often users visit the Website and what pages they visit when they do so, 13EAU uses Google Analytics. Google Analytics collects the IP address assigned to the Customer’s on the date he/she visits the website. 13EAU only uses the information from Google Analytics to maintain and improve the Website’s technical performance. 13EAU does not combine the information collected through the use of Google Analytics with personally identifiable information.
Section 19. GOVERNING LAW AND JURISDICTION
19.1. These General Terms and Conditions and any Agreement shall be exclusively governed by and construed in accordance with the laws of the Netherlands, excluding any conflict of law rules under Dutch private international law and the applicability of the United Nations Convention on Contracts for the International Sale of Good (Vienna Convention of 1980).
19.2. The competent court in the Netherlands, shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these General Terms and Conditions and/or any Agreement without prejudice to the right of appeal (hoger beroep) and that of appeal to the Supreme Court (cassatie).
Section 20. CONTACT
For any further information and assistance concerning the website and/or purchasing online please contact us at: ccteam@13EAU.com.
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