Terms of agreement business.vlisco.com
Article 1. Definitions
1.1 In these General Terms of Agreement the following definitions shall apply:
“Business.vlisco.com” means the online wholesale shop of Vlisco Netherlands B.V., having its statutory seat and registered office at Binnen Parallelweg 27, 5701 PH Helmond, the Netherlands, and all its subsidiaries and affiliated companies;
“Customer” means the wholesale customer who has submitted an order through business.vlisco.com;
Article 2. Application
2.1 All offers by the online wholesale shop of Vlisco Netherlands B.V. (hereafter referred to as: ‘business.vlisco.com’) and all agreements made through wholesale.vlisco.com are subject to these terms of agreement.
2.2 Business.vlisco.com may update these terms at anytime without prior notice. For current orders, the version of the terms agreed upon in Step 4 of the online checkout process, shall apply.
Article 3. Offers & Agreements
3.1 Making an order with business.vlisco.com means that the Customer agrees with the application of these terms of agreement.
3.2 All offers are free of obligations.
3.3 Business.vlisco.com reserves the right to change the items proposed at any time and without previous notice.
3.4 Business.vlisco.com reserves the right to not deliver to specific destinations. Certain countries are excluded from delivery due to exclusivity agreements between Vlisco Netherlands B.V. and specific distributors.
3.5 Business.vlisco.com is completely free to either accept or not accept an order from the Customer.
3.6 Contracts are established at the moment business.vlisco.com confirms in writing an order submitted by the Customer or when business.vlisco.com sends an invoice for the order submitted by the customer.
3.7 Business.vlisco.com reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if it has reasonable cause to suspect that such customer has violated these terms of agreement, or is engaged in any fraudulent activity or for any other legitimate cause.
3.8 Business.vlisco.com is not bound to its offers if mistakes/errors would occur.
Article 4. Prices & Payment Conditions
4.1 Prices are valid as they are on view on the business.vlisco.com website, subject to availability. Business.vlisco.com reserves the right to modify the prices at any time without prior notice. The Customer will be charged the prices displayed on the business.vlisco.com website at the time the order was confirmed provided the goods ordered were available at this time and full payment is received before the indicated payment deadline.
4.2 All orders are payable in Euro for payment in advance through one of the payment methods offered by business.vlisco.com. The total order amount includes standardized shipping and insurance cost for air freight delivery to the selected destination. Depending on the delivery address, taxes and/or import duties are applicable and will need to be settled by the Customer. Business.vlisco.com will not provide an indication of taxes and/or import duties and cannot be held responsible for any information regarding this subject.
4.3 Full payment is required within 7 days of the date of confirmation of the order in a manner to be designated by business.vlisco.com. The delivery process of the products will not commence until full payment is received, unless otherwise agreed in writing by the parties.
4.4 If payment is not received within 7 days, business.vlisco.com reserves the right to suspend in whole or in part or terminate the order without prior notice or court intervention and without the obligation to offer an extended payment period. This may result in the Customer having to place a new order.
Article 5. Delivery
5.1 Standard delivery of orders takes place via air freight according to incoterm CIP of the country of destination, unless otherwise agreed in writing. The manner of transport shall at all times be determined and arranged by business.vlisco.com.
5.2 Destination for delivery is required to be in the national territory of the registered account.
5.3 Unless otherwise agreed, the transport, shipping and postage and the insurance costs shall be paid by the Customer.
5.4 Business.vlisco.com holds the right not to deliver to certain destinations. If applicable, wholesale.vlisco.com will inform the Customer and propose an alternative.
5.5 Orders cannot be delivered to P.O. Boxes. Business.vlisco.com cannot be held responsible if delays occur in the delivery lead-times.
5.6 In case of unavailability of a product after ordering, the Customer will be informed of that by e-mail as soon as possible, and it will be proposed to the Customer to either order another item shown on the Business.vlisco.com website in substitution or to cancel your order.
5.7 Business.vlisco.com is not liable in case of stock outage or unavailability of products.
Article 6. Delivery Times
6.1 Specified or agreed delivery times shall never be regarded as expiration dates. In the event of late delivery business.vlisco.com shall not be in default until after written notice, with a detailed and reasonable time for delivery of at least 30 days, without prejudice to the Customer’s obligation to accept the order.
6.2 In the event of default after serving notice, business.vlisco.com shall enter into consultation with the Customer regarding breach or termination of the order. The Customer will not be able to claim any compensations unless prior agreed in writing. If business.vlisco.com is held to any payment of compensation, this compensation will never exceed the invoice amount related to the non-delivery., untimely or faulty or incomplete delivery of the ordered products.
Article 7. Retention of Title
7.1 The ownership of the products you order is transferred to the Customer upon full payment of the total order amount. The delivery process of the products will not commence until full payment is received, unless otherwise agreed in writing by the parties.
Article 8. Intellectual and Industrial Rights of Ownership
8.1 The Customer needs to fully and unconditionally respect all intellectual and industrial rights of ownership based on the products delivered by business.vlisco.com.
Article 9. Complaints – Refunds
9.1 The Customer is required to check the order at the moment of delivery and notify business.vlisco.com by sending an e-mail to [email protected] within 7 (seven) days if the delivery is not according to agreement. Subsequently wholesale.vlisco.com will submit the complaint to the Vlisco Group complaint procedure and will keep the Customer posted on the outcome. If it is proven that the delivery is not according to agreement, it is at the discretion of business.vlisco.com to either exchange the products in question or reimburse the order amount related to the products in question.
Article 10. Liability and force Majeure
10.1 Liability of wholesale.vlisco.com shall be limited to compensation of damage due to intent or gross negligence of wholesale.vlisco.com or its employees. Business.vlisco.com shall not be liable for any other damages.
10.2 In case of force majeure wholesale.vlisco.com is, besides all other conditions which remain in full force, entitled to postpone the delivery of the order or dissolve the agreement without judicial intervention.
10.3 Business.vlisco.com shall not be liable for delays, non-delivery or incomplete delivery as a direct or indirect result of force majeur.
Article 11. Applicable Law
11.1 The terms of agreement of business.vlisco.com are governed by and constituted and enforced in accordance with the laws of the Netherlands. The courts in ‘s-Hertogenbosch, the Netherlands, will have exclusive jurisdiction with regard to any claim arising out of (the conclusion, performance or non-performance of) these terms of agreement.
Article 12. Miscellaneous
12.1 Business.vlisco.com cannot be held responsible for any delays or errors due to the communication through the internet and/or e-mail.
12.2 While every effort is taken to try to ensure that the colouring and other product specifications of the Vlisco products in the photographs displayed on the business.vlisco.com website are representative of the original products, variations may occur due to technical restrictions of colour reproduction on Customer’s computer equipment. Business.vlisco.com shall not be liable for any error or inaccuracy in the photographs or graphical representations of products displayed on the Business.vlisco.com website.
12.3 If the Customer moves to a new address, he is obliged to notify business.vlisco.com in writing. Orders are delivered to the last known address and goods shall be deemed to be received by the Customer. If the Customer omitted to notify business.vlisco.com of its change of address, business.vlisco.com cannot be held responsible for any damage the Customer might occur if the order is delivered to the previous address.
12.4 Business.vlisco.com guarantees that it delivers first-grade genuine Vlisco products.
12.5 The nullity of any provision of these terms of agreement does not bar the validity of the remaining provisions thereof.