THE ULTIMATE POLO SHIRT

General terms & conditions and delivery terms --- --- .-. ... . / -.-. --- -.. .®

  1. The following delivery terms shall apply unless otherwise agreed in writing.
  2. All agreements between purchaser and morse code clothing shall be governed by Dutch law. Disputes shall be subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.
  3. A binding agreement shall be deemed to exist once the purchaser has submitted a written order or email and the purchaser has raised no objections within a period of seven (7) days there after. In the event of morse code clothing nonetheless accepting a subsequent order cancellation or amendment, morse code clothing reserves the right to invoice the purchaser for an administrative charge totalling 25% of the net value of the cancelled order. Divergences from orders placed may occur and will be announced by means of order confirmations sent out to the purchaser as soon as possible after the order.
  4. International transport to the purchaser’s warehouse is not free of charge meaning freight will be invoiced.
  5. In case a delivery date is shown on the order confirmation, this is only an approximation and refers to the delivery date from morse code clothing’s factory or warehouse. The purchaser shall not be entitled to refuse delivery of the goods, unless agreed upon otherwise between the purchaser and morse code clothing in writing.
  6. morse code clothing’s undertaking is contingent upon it being possible to acquire cloth and other requisite materials. Manufacturing hindrances over which morse code clothing has no control shall discharge morse code clothing from its liability to deliver or pay compensation for goods. morse code clothing shall notify the purchaser within reasonable time of the hindrance that has arisen.
  7. Goods delivered shall correspond to the sample collection shown. Every garment is unique, and minor divergences may hence occur without thereby granting any right to submit a claim for compensation.
  8. The purchaser shall immediately, upon receipt, check the goods received with regard both to quantity and to quality. Any compensation claims shall be submitted in writing and shall reach morse code clothing not later than eight (8) days after delivery is taken. Compensation claims will only be accepted subject to the approval of morse code clothing in every individual case, in which context the purchaser shall receive a replacement or be credited with the amount corresponding to the value of the garment returned.
  9. Compensation claims for individual items shall not entitle the purchaser to cancel other parts of the order.
  10. Compensation claims of end-consumers received by the purchaser in the period after the period stipulated in point 8 above shall be forwarded in writing to morse code clothing within ten (10) days of their receipt by the purchaser.
  11. All prices are shown excluding VAT and the purchaser must fully pay morse code clothing within a maximum payment term of 30 days, unless otherwise agreed upon in writing between purchaser and morse code clothing. A interest of eight (8) per cent per annum applies, calculated on a daily basis, over the total outstanding amount purchaser owes to morse code clothing, calculated from the first day the period mentioned in this point 11 above expires until the day purchaser pays morse code clothing in full. morse code clothing may require payment in advance or any other form of security from purchasers with previous records of non payment or of late payment of invoices.
  12. The purchaser shall only sell the goods via their regular established retail store and at the shop location agreed upon in writing.
  13. To the extent possible under applicable law, morse code clothing will not be liable to the purchaser for any damages occurred in relation to any agreement of morse code clothing and purchaser.
  14. morse code clothing shall, in the event of the total order less than 200 products be entitled to invoice an administration and /or a freight charge.
  15. morse code clothing shall be entitled to transfer receivables to an external factoring company.
  16. Retention of title (eigendomsvoorbehoud)
    1. morse code clothing shall retain the right of ownership of all goods delivered or to be delivered by or on behalf of morse code clothing until full payment of all existing and future claims arising from existing or future agreements between morse code clothing and the purchaser or activities performed or to be performed by morse code clothing on behalf of the purchaser under such agreements, as well as concerning the existing or future claims that morse code clothing may acquire against the purchaser for failure to comply with such agreements.
    2. If morse code clothing’s claims against the purchaser as referred to in section 16.1 are paid by a third party, whereby this third party subrogates to morse code clothing’s rights, the suspensive condition referred to in point 16.1 of payment for the performance for which ownership of the goods is reserved shall not be fulfilled. In such case, the retention of title shall apply on behalf of such third party.
    3. The purchaser shall be entitled to alienate the goods to which retention of title applies if such takes place within the framework of normal business operations. Said entitlement shall lapse by operation of law at the point when the purchaser fails to pay any of the claims to which the retention of title applies, and/or if the purchaser’s insolvency had been applied for, and in the event of morse code clothing explicitly denying the purchasers entitlement.
    4. For as long as title to the goods delivered has not yet passed to the purchaser, the purchaser may not pledge the goods or grant a third party any rights thereto.
    5. morse code clothing shall be entitled to take back the goods delivered subject to retention of title if the purchaser fails to fulfil its obligations (niet nakoming) or if morse code clothing had good reason to believe that the purchaser will fail to fulfil his obligations (gegronde vrees voor niet nakoming). After taking back the goods concerned, morse code clothing will credit the purchaser for the market value, which shall in no case be higher than the original purchase price minus any bonuses and discounts received, as well as the costs involved in taking back the goods.
    6. As long as the purchaser has not paid (in full) for the goods delivered by morse code clothing and such payment is due and payable, morse code clothing may exercise its right of retention on all that morse code clothing has in its possession for the purchaser, but without prejudice to any other right which morse code clothing hold.

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