Terms & Conditions

Table of contents:
Article 1 – Definitions
Article 2 – Identity of X clothing
Article 3 – Accessibility
Article 4 – Supply
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Practising of the right of withdrawal by consumers
Article 8 – Duties of X clothing on witdrawing
Article 9 – The price
Article 10 – Compliance and warranty
Article 11 – Shipping and handling
Article 12 – Complaints
Article 13 – Disputes
Article 14 – Additional or derogatory provisions

Article 1 – Definitions
These terms and conditions include:
1. Additional agreement: An agreement whereby the consumer acquires products in connection with a distance agreement and these items are provided by X clothing or by a third party on the basis of an agreement between those third party and X clothing;
2. Period of reflection: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his commercial, business, craft or professional activity;
4. Day: calenderday;
5. Digital content: Data produced and delivered in digital form;
6. Duration agreement: an agreement aimed at the regular delivery of goods during a certain period of time;
7. Sustainable data carrier: any tool – including email – that allows the consumer or X clothing to store personal information directed to him in a manner that allows future consultation or use over a period of time tailored to it Purpose for which the information is intended, and allows for unmodified reproduction of the stored information;
8. Right of withdrawal: The ability of the consumer to refrain from the distance agreement within the concealment period;
9. Distance Agreement: an agreement concluded between X clothing and the consumer in the context of an organized distance marketing system, whereby until one conclusion or the agreement is concluded, only one or more techniques are used for distance communication;
10. Distance communication technology: means that can be used for the conclusion of an agreement, without the need for consumers and X clothing to be in the same room at the same time.

Article 2 – Identity of X clothing
X clothing;
based in Tilburg;
E-mailadress: info@xclothing.nl
KvK-nummer: 64289680

Article 3 – Accessibility
1. These terms & conditions apply to any X clothing offer and to any agreement between X clothing and consumer.
2. Before the distance agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, X clothing will be announced before the distance contract is concluded, indicating the manner in which the general conditions for X clothing can be seen and that, at the request of the consumer, they will be sent free of charge as soon as possible.
3. If the distance agreement is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer a simple way can be stored on a durable data carrier. If this is not reasonably possible before the distance contract is concluded, the terms of the general terms and conditions will be notified electronically and that they will be sent free of charge electronically or otherwise by the consumer.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis and, in the event of contradictory terms, the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 – Supply
1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If X clothing uses images, they are a true faithful representation of the offered products, services and/or digital content. Apparent mistakes or apparent errors in the offer do not bind X clothing.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement
1. The agreement shall, subject to the provisions of paragraph 4, be reached at the time of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
2. If the consumer has accepted the offer by electronic means, X clothing immediately confirms receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance is not confirmed by X clothing, the consumer may terminate the agreement.
3. If the agreement is established electronically, X clothing adopts appropriate technical and organizational measures to protect electronic data transmission and ensures a secure web environment. If consumers can pay electronically, X clothing will observe appropriate safety measures.
4. X Clothing may, within legal frameworks, state whether the consumer can meet its payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If X clothing has good grounds for not entering into the agreement, he is entitled to refuse an order or request or to attach special terms to the execution.

Article 6 – Right of withdrawal
With products:
1. Orders can not be revoked and/or returned other than for the reasons stated below:
a. If the product is damaged and/or a production defect
b. If the incorrect product has been delivered
c. If the shipment is lost. This applies to a minimum of 14 days

Article 7 – Practising the right of withdrawal by consumers
1. If the consumer makes use of his right of withdrawal for any of the reasons mentioned in Article 6 under a, b or c, he shall notify X clothing within 4 days after receiving the product(s) by means of the contact form on the website or in another unambiguous manner.

Article 8 – Duties of X clothing on withdrawing
1. If for any of the reasons mentioned in Article 6, under a, b or c, the consumer makes use of his right of withdrawal to return a full order, X Clothing will reimburse all consumer payments, including any delivery charge by X clothing. For the returned product, without delay but within 14 days following the date on which the consumer notifies him of the cancellation. Unless X clothing offers the product itself, it may wait for repayment until it has received the product.
2. If, for any of the reasons mentioned in Article 6 (a), (b) or (c), the consumer makes use of his right of withdrawal to return a portion of an order, X Clothing will reduce all consumer payments, with the possible delivery costs by X Clothing charged for the returned product, without delay but within 14 days following the date on which the consumer notifies him of the cancellation. Unless X clothing offers the product itself, it may wait for repayment until it has received the product.
3. X clothing uses the same means of payment used by the consumer for repayment unless the consumer agrees with another method. The refund is free for the consumer.

Article 9 – The price
1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
2. By way of derogation from the previous paragraph, X clothing may offer products or services whose prices are subject to fluctuations in the financial market and where X clothing does not affect, offering variable prices. This range of fluctuations and the fact that any prices quoted are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if X clothing has stated this and:
a. These are due to statutory regulations or provisions; or
a. The consumer has the power to cancel the agreement as of the date of the price increase.
5. Prices mentioned in the offer of products or services include VAT.

Article 10 – Compliance and warranty
1. X clothing means that the products and/or services comply with the agreement, the specifications specified, the reasonable requirements of validity and/or usability and the statutory date of the agreement. Provisions and/or government regulations. If agreed, X clothing also means that the product is suitable for other than normal use.
2. Additional warranty provided by X clothing, its supplier, manufacturer or importer never limits the legal rights and advances that the consumer may under X clothing apply if X clothing is flawed in compliance with its part of the agreement.
3. Additional Warranty is understood to mean any commitment of X clothing, its supplier, importer or producer in which it grants to the consumer certain rights or claims that go beyond what is legally obligatory in the event of failure to comply with its part of the agreement.

Article 11 – Shipping and handling
1. X Clothing will take the utmost care when receiving and carrying out orders for products and assessing applications for services.
2. As a place of delivery, the address that the consumer has notified to X clothing is valid.
3. Subject to what is stated in Article 4 of these terms and conditions, X clothing will execute clothing orders with prompt delivery, but no later than 30 days, unless another delivery date has been agreed. If delivery is delayed, or if an order can not be executed or only partially, the consumer will receive a notice of this within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and the right to any damages.
4. After dissolution in accordance with the previous paragraph, X Clothing will refund the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products rests with the carrier until the time of delivery to the consumer or a predetermined representative and X clothing, unless expressly agreed otherwise.

Article 12 – Compliance
1. X clothing has a sufficiently disclosed complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted fully and clearly in X clothing within a reasonable time after the consumer has identified the defects.
3. Complaints submitted to X clothing will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, X clothing will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more comprehensive response.
4. The consumer must give X clothing at least 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is susceptible to the dispute settlement.

Article 13 – Disputes
1. All agreements between X clothing and the consumer covered by these terms and conditions shall be governed by Dutch law.

Article 14 – Additional or derogatory provisions
Additional or different provisions from these terms and conditions may not be to the detriment of the consumer and must be written in writing or in such a way that they can be stored by the consumer in an accessible manner on a sustainable data carrier.

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