Terms & Conditions
Article 1 - Definitions
For the purposes of these terms and conditions, the following definitions shall apply
“cooling-off period”: the period during which the consumer may exercise their right of withdrawal
“consumer”: a natural person who is not acting in the exercise of a profession or business activity and who enters into a distance contract with the professional
day“ means a calendar day
”durable medium" means a distance contract relating to a series of products and/or services whose supply and/or purchase is spread out over time.
“Durable medium” means any instrument which enables the consumer or the professional to store information addressed personally to them in a way accessible for future reference and reproduction in an unaltered form.
“Right of withdrawal” means the possibility for the consumer to withdraw from the distance contract during the withdrawal period.
“Professional” means a natural or legal person who offers products and/or services to consumers at a distance.
“distance contract”: a contract that makes exclusive use of one or more means of distance communication as part of a system organized by the merchant for the distance marketing of goods and/or services, up to and including the conclusion of the contract.
“Means of distance communication” means any means that allows for the conclusion of a contract without the consumer and the professional being simultaneously in the same room.
General terms and conditions: the general terms and conditions in force of the Professional.
Article 2 - Identity of the professional
Webshop name: Shirts and Sons
Subsidiary of: E-com Seedr LLC
Contact: info@shirtsandsons.com
Article 3 - Applicability
These general terms and conditions apply to all offers made by the professional and to all distance contracts and orders concluded between the professional and the consumer.
Before the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. Where this is not reasonably possible, it shall be indicated before the conclusion of the distance contract that the general terms and conditions can be consulted at the trader's premises and that they will be sent free of charge to the consumer upon request as soon as possible.
Notwithstanding the provisions of the previous paragraph, when the distance contract is concluded by electronic means, the text of these general terms and conditions shall be made available to the consumer in electronic form before the conclusion of the distance contract, in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the place where the general terms and conditions can be consulted electronically must be indicated before the conclusion of the distance contract, and they shall be sent free of charge to the consumer upon request, either electronically or by other means.
Where, in addition to these general terms and conditions, specific terms and conditions for products or services apply, paragraphs 2 and 3 shall apply mutatis mutandis, and the consumer may always invoke the most favorable provision in the event of a conflict between the general terms and conditions.
If, at any time, one or more provisions of these general terms and conditions are wholly or partially invalid or declared null and void, the rest of the contract and these general terms and conditions shall remain in force and the provision in question shall be replaced without delay, by mutual agreement, by a provision that approximates as closely as possible the scope of the original provision.
Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these terms and conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted “in the spirit” of these terms and conditions.
Article 4 - The offer
If an offer is limited in time or subject to conditions, this must be explicitly stated in the offer.
The offer is subject to change. The contractor has the right to modify and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the contractor uses images, these must accurately reflect the products and/or services offered. Obvious errors in the offer shall not be binding on the contractor.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or cancellation of the contract.
The images of the products are an accurate representation of the products offered. The company cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains information that allows the consumer to understand the rights and obligations associated with accepting the offer. This applies in particular to
the price, excluding customs duties and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service must use the special regulations for postal and courier services for imports. These regulations apply if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier company charges the recipient of the goods for VAT (including customs clearance costs);
all costs related to transport;
the manner in which the contract is to be concluded and the steps necessary to conclude it;
whether or not the right of withdrawal applies
the method of payment, delivery, and performance of the contract;
the period for accepting the offer or the period during which the trader guarantees the price;
the level of the costs of distance communication, if the cost of using the means of distance communication is calculated on a basis other than the basic rate for the means of communication used;
whether the contract is filed after conclusion and, if so, how the consumer can access the file
the way in which the consumer can, before the conclusion of the contract, verify the information he has provided in relation to the contract and, if necessary, correct it
the languages other than Dutch in which the contract may be concluded
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically.
The minimum duration of the distance contract if the transaction is longer.
Optional: available sizes, colors, and materials.
Article 5 - The contract
Without prejudice to paragraph 4, the contract is concluded when the consumer accepts the offer and the conditions set out therein are met.
If the consumer has accepted the offer electronically, the trader shall immediately acknowledge receipt of the electronic acceptance of the offer. Until the trader acknowledges this acceptance, the consumer may withdraw from the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure online environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
The trader may, within the limits of the legal framework, obtain information on the consumer's ability to fulfill his payment obligations and on all facts and elements relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has reasonable grounds not to enter into the contract, he shall be entitled to refuse an order or request or to impose specific conditions for its execution.
The trader shall provide the consumer, at the same time as the goods or services, with the following information in writing or in such a way that the consumer can store it on a durable medium
the address of the professional's place of business where the consumer can lodge a complaint
the conditions and means by which the consumer can exercise his right of withdrawal, or a clear indication that the right of withdrawal is excluded
information on existing guarantees and after-sales services
the information referred to in Article 4, paragraph 3, of these general terms and conditions, unless the trader has already provided this information to the consumer prior to the conclusion of the contract;
the conditions for termination of the contract if it is for a period of more than one year or is indefinite.
In the case of a fixed-term contract, the provisions of the previous paragraph shall only apply to the first delivery.
All contracts are concluded subject to the condition precedent of sufficient availability of the products in question.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within a period of 14 days. This cooling-off period begins on the day following the receipt of the product by the consumer or by a representative designated by the consumer and the professional.
During the cooling-off period, the consumer must handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the merchant with all its accessories and, as far as possible, in its original condition and packaging, in accordance with the reasonable and clear instructions given by the merchant.
If the consumer wishes to exercise their right of withdrawal, they must inform the trader within 14 days of receiving the product. The consumer must do so by means of a written notification or email. Once the consumer has notified the trader that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the product delivered has been returned on time, for example by means of a postal certificate.
4. If, after the periods mentioned in paragraphs 2 and 3 have expired, the consumer has not communicated his wish to exercise his right of withdrawal or has not returned the product to the trader, the sale shall be deemed to have been made.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, they shall bear the costs of returning the goods.
If the consumer has made a payment, the trader shall reimburse the amount paid as soon as possible and at the latest within 14 days of the date on which the consumer withdrew their payment. This is provided that the goods have already been returned to the trader or that there is conclusive proof that they have been returned in their entirety.
Article 8 - Exceptions to the right of withdrawal
The trader may exclude the consumer from the right of withdrawal in the case of products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly indicated this in his offer or at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products that
have been created by the trader in accordance with the consumer's specifications
are clearly personalized
cannot be returned due to their nature, or
are damaged or age rapidly
whose price is subject to fluctuations in the financial market over which the trader has no influence
newspapers and individual periodicals
audio and video recordings and computer software whose seal has been broken by the consumer; and
hygiene products whose seal has been broken by the consumer.
The right of withdrawal may only be excluded for services such as
1. accommodation, transport, hospitality or leisure activities to be performed on a specific date or during a specific period of time
whose performance has begun, with the consumer's express consent, before the end of the withdrawal period
on bets and lotteries
Article 9 - The prize
During the period of validity indicated in the offer, the prices of the products and/or services offered may not be increased, except for price changes due to changes in VAT rates.
Contrary to the provisions of the previous paragraph, the contractor may offer products or services whose prices are subject to fluctuations in the financial market beyond its control, with variable prices. This link to fluctuations and the fact that all prices indicated are indicative shall be mentioned in the offer.
Price increases within three months of the conclusion of the contract are only permitted if they result from legal or regulatory provisions.
Price increases after three months of the conclusion of the contract are only permitted if they have been fixed by the contractor and if
they result from legal or regulatory provisions, or
the consumer has the right to terminate the contract on the day the price increase takes effect.
The place of delivery is considered to be the country where transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier company will charge the customer VAT on import and/or customs clearance costs. The contractor therefore does not charge VAT.
All prices are subject to printing and composition errors. We accept no liability for the consequences of printing and composition errors. In the event of printing and composition errors, the contractor is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
The Contractor guarantees that the products and/or services are in accordance with the contract, with the specifications indicated in the offer, with reasonable requirements of reliability and/or ease of use, and with the official legal and/or regulatory provisions in force on the date of conclusion of the contract. If agreed, the merchant also guarantees that the product is suitable for a use other than normal.
The warranty offered by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.
Any defects or errors in delivery must be reported in writing to the professional within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The distributor's warranty period corresponds to the manufacturer's warranty period. The professional is in no way responsible for the final suitability of the products for each individual application by the consumer, nor for advice on the use or application of the products.
The warranty does not apply if
the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
the delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the contractor's instructions and/or have been handled on the packaging;
the defect is wholly or partly due to regulations that the State has enacted or will enact in relation to the type or quality of the materials used.
Article 11 - Delivery and performance
The Professional is obliged to take the utmost care in receiving and fulfilling orders for products.
Without prejudice to the provisions of Article 4 of these general terms and conditions, the Professional shall receive orders promptly, but at the latest within 30 days, unless the consumer has authorized a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be fulfilled in part, the consumer shall be informed within 30 days of the order being placed. In this case, the consumer has the right to terminate the contract at no cost and to claim damages.
In the event of cancellation in accordance with the previous paragraph, the merchant shall refund the amount paid by the consumer as soon as possible and no later than 14 days after the cancellation.
If it is not possible to deliver a product ordered, the trader shall endeavor to provide a replacement item. The fact that a replacement item will be provided shall be clearly indicated, at the latest at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of return shall be borne by the seller.
The risk of deterioration and/or loss of the products shall be borne by the contractor until the moment of delivery to the consumer or to a representative of the contractor who has been designated and notified in advance, unless expressly agreed otherwise.
Article 12 - Continuation of work: duration, termination, and extension
Scheduling
The consumer may at any time enter into an open-ended contract for the regular supply of products (including electricity) or services, canceling the applicable termination rules and observing a maximum notice period of one month.
The consumer may enter into a fixed-term contract for the regular supply of products (including electricity) or services, terminating the applicable termination rules at any time at the end of the fixed period and with a maximum notice period of one month.
The consumer may terminate the contracts referred to in the preceding paragraphs
terminate them at any time, and not only at a specific time or during a specific period
terminate them at least in the same manner as they were terminated
terminate them always with the same notice period as the professional has given himself.
Renewal
A contract concluded for a fixed period for the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract for the regular supply of daily and weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months if the consumer has the right to terminate the renewed contract at the end of the renewal period, with a maximum notice period of one month.
A fixed-term contract for the regular supply of goods or services may only be tacitly renewed for an indefinite period if the consumer has the right to terminate the contract at any time with a notice period of no more than one month, which may not exceed three months in the case of contracts for the regular supply of daily or weekly newspapers, but which may not exceed once per month.
A temporary contract for the regular supply of daily or weekly newspapers and periodicals (trial or introductory subscription) cannot continue in silence and expires automatically upon expiry of the trial or introductory period.
Duration of the contract
If a contract has a duration of more than one year, the consumer may terminate it at any time after the expiry of one year with a maximum notice period of one month, unless reasonableness and fairness prevent the termination of the contract before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days of the start of the cooling-off period referred to in Article 6(1). If the contract relates to the provision of a service, this period shall begin once the consumer has received confirmation of the contract.
The consumer is obliged to inform the operator immediately of any inaccuracy in the information provided or in the payment indicated.
If the consumer fails to pay, the operator is entitled, subject to legal limitations, to charge the consumer for the reasonable costs incurred, which must be notified to the consumer in advance.
Article 14 - Complaints
Complaints regarding the performance of the contract must be described in full and clearly and submitted to the trader within seven days of the consumer discovering the deficiencies.
Complaints submitted to the trader will be responded to within 14 days of receipt. If a complaint requires a longer processing time, the trader will respond within 14 days, acknowledging receipt of the complaint and indicating when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises and is submitted to the dispute resolution procedure.
A complaint does not suspend the professional's obligations, unless the professional indicates otherwise in writing.
If the Professional considers the complaint to be justified, they will replace or repair the products supplied free of charge, at their discretion.
Article 15 - Disputes
Only Dutch law shall apply to contracts concluded between the Professional and the Consumer under these general terms and conditions. This applies even if the consumer resides abroad.