General Terms and Conditions – WYVE

E-mail: wyveclothing@outlook.com
Website: wyveclothing.com

Read the translated terms and conditions here.
Read the translated webshop conditions here.

Article 1 – Definitions

WYVE: WYVE general partnership (vennootschap onder firma), established in ’s-Gravenpolder, registered with the Chamber of Commerce under number 98622986.
Customer: the party with whom WYVE has entered into an agreement.
Parties: WYVE and the Customer jointly.
Consumer: a Customer who is also an individual acting for private purposes.

Article 2 – Applicability

These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of WYVE.
Deviations from these terms are only valid if agreed in writing by WYVE and the Customer.
The applicability of any general terms and conditions of the Customer or third parties is expressly excluded.

Article 3 – Prices

WYVE applies prices in euros, including VAT and excluding any additional costs such as administrative or shipping costs, unless agreed otherwise in writing.
WYVE may change the prices of its services and products on its website and in other communications at any time.
Increases in cost prices of products or parts thereof that WYVE could not reasonably foresee at the time of making the offer or concluding the agreement may give rise to price increases.
The Consumer has the right to terminate the agreement due to a price increase as referred to in paragraph 3, unless the increase results from a statutory regulation.

Article 4 – Samples and Models

If the Customer has received a sample or model of a product, no rights may be derived from it other than that it serves as an indication of the nature of the product, unless it has been agreed in writing that the delivered products shall correspond to the sample or model.

Article 5 – Payments and Payment Term

WYVE may require an advance payment of up to 50% of the agreed amount upon entering into the agreement.
Any payment to be made after delivery must be completed by the Customer within 14 days after delivery.
Payment terms applied by WYVE are strict deadlines. If the Customer fails to pay the agreed amount on the last day of the payment term, the Customer is automatically in default without any reminder or notice of default being required.
WYVE may make delivery conditional upon immediate payment or require security for the full amount of the services or products.

Article 6 – Right of Reclamation

If the Customer is in default, WYVE may invoke its right of reclamation with respect to unpaid products delivered to the Customer.
WYVE shall exercise this right by written or electronic notification to the Customer.
After notification, the Customer must immediately return the products concerned to WYVE, unless agreed otherwise in writing.
The Customer bears the costs of returning or collecting the products referred to in paragraph 3.

Article 7 – Right of Withdrawal

A Consumer may revoke an online purchase within 14 days of purchase without stating reasons. This right of withdrawal does not apply if:
the product has been used,
the product is perishable, such as food or flowers,
the product has been custom-made or personalized,
the product cannot be returned for hygienic reasons, such as underwear or swimwear,
the seal has been broken for digital data carriers such as DVDs or CDs,
the product or service concerns accommodation, travel, catering, transport, leisure activities,
the product is a single newspaper or magazine,
the Consumer has waived the right of withdrawal.

The withdrawal period starts:
on the day after the Consumer has received the last product or component of one order,
once the Consumer has confirmed the purchase of digital content via the internet.

The Consumer may exercise the right of withdrawal by sending an email with this subject to wyveclothing@outlook.com, optionally using the withdrawal form available on wyveclothing.com.
The Consumer must return the product within 14 days after sending the notification referred to above.
If the Consumer fails to return the product within this period, the right of withdrawal lapses.

Article 8 – Reimbursement of Shipping Costs

If the Consumer timely withdraws from the purchase and returns the complete order in time, WYVE shall reimburse any shipping costs paid by the Consumer within 14 days after receipt of the complete returned order.
Shipping costs are only reimbursed if the entire order is returned.

Article 9 – Reimbursement of Return Costs

If the Consumer exercises the right of withdrawal and returns the complete order in time, the return shipping costs are borne by the Consumer.

Article 10 – Right of Retention

WYVE may exercise its right of retention and retain products of the Customer until all outstanding invoices have been paid, unless sufficient security has been provided.
The right of retention also applies to outstanding payments from previous agreements.
WYVE is not liable for any damage suffered by the Customer as a result of exercising the right of retention.

Article 11 – Retention of Title

All delivered products remain the property of WYVE until the Customer has paid all outstanding invoices relating to the agreement, including claims arising from non-performance.
Until ownership has transferred, WYVE may reclaim the products.
Before ownership has transferred, the Customer may not pledge, sell, dispose of, or encumber the products in any way.
If WYVE exercises its retention of title, the agreement is dissolved and WYVE may claim damages, lost profits, and interest.

Article 12 – Delivery

Delivery takes place while stocks last.
Delivery is made at WYVE, unless otherwise agreed.
Online orders are delivered to the address provided by the Customer.
If the Customer fails to pay on time, WYVE may suspend its obligations until payment is made.
In the event of late payment, the Customer is in creditor’s default and may not hold WYVE liable for delayed delivery.

Article 13 – Delivery Time

Delivery times are indicative only. Delays do not entitle the Customer to any rights unless agreed otherwise in writing.
The delivery period commences once the ordering process has been completed and confirmation has been received from WYVE.
The Customer is not entitled to compensation or termination due to delayed delivery. Termination is only permitted if agreed in writing or if WYVE fails to deliver within 14 days after written notice of default, unless otherwise agreed.

Article 14 – Actual Delivery

The Customer must ensure that the actual delivery of ordered products can take place on time.

Article 15 – Transport Costs

Transport costs are borne by the Customer unless agreed otherwise in writing.

Article 16 – Packaging and Shipping

If packaging is opened or damaged, the Customer must have this noted by the carrier before accepting delivery. Failure to do so releases WYVE from liability.
If the Customer arranges transport themselves, any visible damage must be reported to WYVE prior to transport. Failure to do so releases WYVE from liability.

Article 17 – Storage

If the Customer accepts delivery later than the agreed delivery date, the risk of quality loss rests entirely with the Customer.
Any additional costs resulting from early or late acceptance are borne entirely by the Customer.

Article 18 – Warranty

Warranty applies only to defects caused by faulty manufacture, construction, or materials.
Warranty does not apply in cases of normal wear and tear, accidents, modifications, negligence, improper use, or if the cause of the defect cannot be determined.
Risk of loss, damage, or theft transfers to the Customer at the moment the products are legally or physically delivered or placed under the control of the Customer or a third party acting on their behalf.

Article 19 – Exchanges

The Customer may exchange a purchased item provided that exchange takes place within 14 days of purchase, the original invoice is presented, the product is unused, and returned in original packaging with original price tag.
Discounted items, perishable goods, custom-made or personalized products cannot be exchanged.

Article 20 – Indemnification

The Customer indemnifies WYVE against all claims by third parties relating to products or services supplied by WYVE.

Article 21 – Complaints

The Customer must inspect delivered products or services as soon as possible for defects.
If a product or service does not meet reasonable expectations, the Customer must notify WYVE within one month of discovering the defect.
Consumers must notify WYVE no later than two months after discovering the defect.
Complaints must be described in as much detail as possible.
The Customer must demonstrate that the complaint relates to an agreement with WYVE.
Complaints regarding ongoing work do not entitle the Customer to demand additional work beyond what was agreed.

Article 22 – Notice of Default

Any notice of default must be submitted to WYVE in writing.
The Customer is responsible for ensuring that the notice reaches WYVE in time.

Article 23 – Customer Liability

If WYVE enters into an agreement with multiple Customers, each Customer is jointly and severally liable.

Article 24 – WYVE Liability

WYVE is only liable for damage caused by intent or deliberate recklessness.
Liability is limited to direct damage related to the execution of the agreement.
WYVE is not liable for indirect damage, including consequential damage, loss of profit, or third-party damage.
Liability is limited to the amount paid out by insurance, or if no insurance applies, to the invoice amount concerned.
Images, photos, colors, drawings, and descriptions on the website or in catalogs are indicative only and do not give rise to compensation, termination, or suspension.

Article 25 – Limitation Period

Any right to compensation lapses 12 months after the event giving rise to liability, without prejudice to Article 6:89 of the Dutch Civil Code.

Article 26 – Termination

The Customer may terminate the agreement if WYVE materially breaches its obligations, unless the breach does not justify termination due to its nature or minor significance.
If performance is still possible, termination may only occur after WYVE is in default.
WYVE may terminate the agreement if the Customer fails to fulfill obligations or if circumstances give WYVE reasonable grounds to believe the Customer will not comply.

Article 27 – Force Majeure

In addition to Article 6:75 of the Dutch Civil Code, non-performance due to force majeure cannot be attributed to WYVE.
Force majeure includes, but is not limited to, war, natural disasters, supplier failures, power outages, internet failures, computer viruses, strikes, government measures, transport issues, weather conditions, and work stoppages.
Obligations are suspended for the duration of force majeure.
After 30 consecutive calendar days of force majeure, both Parties may terminate the agreement in writing.
WYVE is not obliged to compensate the Customer in cases of force majeure.

Article 28 – Amendment of Agreement

If necessary for execution, the Parties may amend the agreement.

Article 29 – Amendment of Terms and Conditions

WYVE may amend these terms and conditions.
Minor amendments may be implemented at any time.
Material amendments will be discussed with the Customer in advance where possible.
Consumers may terminate the agreement in the event of material amendments.

Article 30 – Assignment of Rights

The Customer may not assign rights under an agreement without written consent from WYVE.

Article 31 – Invalidity

If one or more provisions are invalid or voidable, the remaining provisions remain in force.
Invalid provisions shall be replaced by provisions that most closely reflect the original intent.

Article 32 – Governing Law and Jurisdiction

These terms are governed by Dutch law.
The court in the district where WYVE is established has exclusive jurisdiction, unless mandatory law provides otherwise.