TERMS AND CONDITIONS OF DELIVERY OF STORE CONCEPTS
Article 1: Applicability
1.1 These terms and conditions govern the purchase of goods from Store Concepts Mannequins en accessoire displays, a company registered in the Netherlands under number (70423091), with its office at Vossenlaan 13, 3633 AL Vreeland.
1.2 If you are an individual buying products mainly for personal use, you are a consumer. If you are a business customer, these terms constitute the entire agreement between us.
1.3 These terms prevail over any other terms, excluding those imposed by law.
Article 2: Interpretation
2.1 “Business day” excludes weekends and public holidays in the Netherlands and Belgium.
2.2 Headings are for convenience and do not affect interpretation.
2.3 Singular terms include the plural, and vice versa.
Article 3: Your Information
3.1 How we may use your personal information – We will use the personal information you provide to us:
a. to supply the products and services to you; for example, we will provide your name and address to our supply and delivery partners;
b. to process your payment for the products; and
c. to provide shippers with delivery information; and
d. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
3.2 Personal information will only be shared with third parties as required or allowed by law.
Article 4: Goods
4.1 The description of the Goods is set out in our sales documentation including catalogues and brochures unless expressly altered in our quotation. In accepting the quotation, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us.
4.2 Variations may occur in natural material products, such as fabric, leather or wood. it is not possible to guarantee the Goods supplied will have the same colour, shade and pattern or finish as shown on the website, due to the inherent nature of such materials. Also, we cannot guarantee to match products exactly which have been ordered at different times.
4.3 We can make any changes to the specification of the Goods to meet safety or regulatory requirements.
Article 5: Price
5.1 Price is as per the quotation at the order date, subject to changes due to factors beyond our control (including, but not limited to, material costs, labor costs, alteration of exchange rates or duties, or changes to delivery rates). 9. Any increase in the price will only take place after we have informed you about it.
5.2 Discounts are at our discretion, shown on the Quote.
5.3 Price excludes packaging, transportation, VAT, and other taxes unless explicitly added to your quotation and accepted by you.
Article 6: Cancellation and Alteration
6.1 Goods’ details (as described in Article 4: Goods) are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
6.2 Quotations are valid for 14 days, only from the date shown in it unless expressly withdrawn by us at an earlier time, and either party may cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
Article 7: Payment
Invoicing is either;
a. 50% of the invoice total after confirmation of quotation with the remaining 50% due prior to dispatch of the Goods; or
b. on or at any time after delivery of the Goods; or
c. where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.
7.2 Payment is within 14 days (or otherwise according to any credit terms agreed between us) of the invoice, even if delivery has not have taken place and / or that the title in the Goods has not passed to you.
7.3 If you do not pay within the period set out above, further deliveries to you will be suspended and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 4% per annum above the base rate of (De Nederlandsche Bank) from time to time on the amount outstanding until you pay in full.
7.4 Payments must be made in Euros unless agreed otherwise in writing.
7.5 Both parties must pay all amounts due under these Terms of Sale in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other to justify withholding payment of any such amount in whole or in part.
Article 8: Delivery
8.1 Goods are ex-works, becoming your property and responsibility upon collection from the supplier.
8.2 Delivery can be arranged by us, on your behalf, with the given delivery instructions (address and shipper) and estimated costs displayed on the Quote.
8.3 If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
8.4 Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 5 pm.
8.5 If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
a. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and/or
b. make arrangements for the re-delivery of the Goods and will charge you for the costs of such redelivery; and/or
c. after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
8.6 If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
8.7 Delivery dates are approximate. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
8.8 We can deliver the Goods by instalments, which will be invoiced and paid for separately. Each instalment is a separate contract. Any delay in delivery or defect in an instalment will not entitle you to cancel any other instalment.
Article 9: Inspection and Acceptance of Goods
9.1 Inspect Goods on delivery; report damages or shortages in writing, providing details within 5 working days of delivery.
9.2 Returned Goods are only accepted if defective; we will repair, replace, or refund the Goods or part of them.
9.3 We will be under no liability or further obligation in relation to the Goods if:
a. if you fail to provide notice as set above; and/or
b. you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
c. the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
d. the defect arises from normal wear and tear of the Goods; and/or
e. the defect arises from misuse or alteration of the Goods, negligence, willful damage or any other act by you, your employees or agents or any third parties.
9.4 You bear the risk and cost of returning the Goods.
9.5 Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 5 days after delivery.
Article 10: Risk & Title
10.1 The risk in the Goods will pass to you on completion of delivery.
10.2 Title to the Goods will pass to you only when we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
10.3 Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
10.4 As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
Article 11: Termination
11.1 We can terminate the sale of Goods under the Contract where:
a. you commit a material breach of your obligations under these Terms and Conditions;
b. you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors.
Article 12: Limitation of Liability
12.1 Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
12.2 Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.3 If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
12.4 Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
12.5 We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
a. any indirect, special or consequential loss, damage, costs, or expenses; and/or
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
d. any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
e. any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
12.6 The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
Article 13: Communications
13.1 All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorized officer of that party).
13.2 Notices will be deemed to have been duly given:
a. when delivered, if delivered by a courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail.
13.3 Notices must be addressed to the most recent contact details.
Article 14: Circumstances beyond Control
14.1 Neither party is liable for failure or delay due to events beyond reasonable control. (Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
14.2 As we do not manufacture the products we supply, if our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know. Provided we do this we will not be liable for delays caused by the event.
Article 15: No Waiver
15.1 No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
Article 16: Severance
16.1 If any of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Article 17: Law and Jurisdiction
17.1 This Agreement is governed by Dutch law; all disputes arising under the Agreement shall be subject to the exclusive jurisdiction of the Dutch court.
17.2 Copyright, Counterfeiting and Code of Ethics concerns are referred to suppliers,
please consult our suppliers directly at;