Terms & Conditions
General terms and conditions
These General Terms and Conditions of the Dutch Home Shopping Organization (hereinafter referred to as "Thuiswinkel.org") have been established in consultation with the Dutch Consumers' Association as part of the Coordination Group for Self-Regulation Consultation (CZ) of the Social and Economic Council and will come into effect on February 1, 2022.
Article 1: Definitions
- STRIPELESS TIGER, a division of JVDM-ONLINE, located in Amsterdam, is referred to as the seller in these general terms and conditions.
- The counterparty of STRIPELESS TIGER is referred to as the buyer in these general terms and conditions.
- The parties collectively refer to the seller and the buyer.
- The term "agreement" refers to the purchase agreement between the parties.
Article 2: Applicability of general terms and conditions
- These conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of the seller.
- Deviations from these conditions are only valid if expressly and in writing agreed upon by the parties.
Article 3: Payment
- The full purchase price is always paid immediately in the webshop. In some cases of reservations, a deposit may be required. In that case, the buyer will receive proof of the reservation and the advance payment.
- If the buyer fails to pay on time, they will be in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled their payment obligation.
- If the buyer remains in default, the seller will proceed with collection. The costs associated with this collection will be borne by the buyer. These collection costs will be calculated in accordance with the Decree on compensation for extrajudicial collection costs.
- In the event of liquidation, bankruptcy, seizure, or suspension of payment of the buyer, the seller's claims against the buyer become immediately due and payable.
- If the buyer refuses to cooperate in the execution of the order by the seller, they are still obliged to pay the agreed price to the seller.
Article 4: Offers, quotations, and prices
- Offers are non-binding, unless a deadline for acceptance is specified in the offer. If the offer is not accepted within the specified period, it will lapse.
- Delivery times in quotations are indicative and do not entitle the buyer to dissolution or damages for exceeding them, unless expressly and in writing agreed otherwise by the parties.
- Offers and quotations do not automatically apply to subsequent orders. The parties must expressly and in writing agree to this.
- The price stated on offers, quotations, and invoices consists of the purchase price including the applicable VAT and any other government levies.
Article 5: Right of withdrawal
- The consumer has the right to cancel the agreement without stating any reasons within 14 days after receiving the order (right of withdrawal). The period begins from the moment the consumer has received the entire order.
- There is no right of withdrawal when the products have been custom-made according to the consumer's specifications or have a short shelf life.
- The consumer may use a withdrawal form provided by the seller. The seller is obliged to promptly provide this form to the consumer upon request.
- During the withdrawal period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the unused and undamaged product, including all delivered accessories and, if reasonably possible, in the original shipping packaging, to the seller, in accordance with the reasonable and clear instructions provided by the seller.
Article 6: Amendment of the agreement
- If it becomes necessary to modify or supplement the work to be performed for proper execution of the agreement during its implementation, the parties shall timely and mutually adjust the agreement accordingly.
- If the parties agree to modify or supplement the agreement, it may affect the completion time of the execution. The seller shall inform the buyer of this as soon as possible.
- If the modification or supplementation of the agreement has financial and/or qualitative consequences, the seller shall inform the buyer in writing in advance.
- If a fixed price has been agreed upon, the seller shall indicate to what extent the modification or supplementation of the agreement results in exceeding this price.
- Notwithstanding the provisions of the third paragraph of this article, the seller cannot charge additional costs if the modification or supplementation is due to circumstances attributable to the seller.
Article 7: Delivery and transfer of risk
- Once the purchased item has been received by the buyer, the risk transfers from the seller to the buyer.
Article 8: Inspection, complaints
- The buyer is obliged to inspect the delivered goods at the time of delivery, or in any case within the shortest possible period. The buyer should verify whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon, or at least meet the requirements that apply in normal (commercial) transactions.
- Complaints regarding damages, shortages, or loss of delivered goods must be submitted in writing to the seller by the buyer within 10 working days from the day of delivery of the goods.
- If the complaint is deemed valid within the specified period, the seller has the right to either repair, deliver again, or refrain from delivery and issue a credit note to the buyer for that portion of the purchase price.
- Minor and/or customary deviations and differences in quality, quantity, size, or finishing cannot be attributed to the seller.
- Complaints regarding a specific product do not affect other products or components belonging to the same agreement.
- No complaints will be accepted after the goods have been processed by the buyer.
Article 9: Samples and models
- If a sample or model has been shown or provided to the buyer, it is presumed to be provided solely for illustrative purposes without the delivered item being required to correspond to it. This is different if the parties have expressly agreed that the delivered item will correspond to it.
- In agreements regarding immovable property, the indication of area or other dimensions and descriptions is also presumed to be provided solely for illustrative purposes, without the delivered item being required to correspond to it.
Article 10: Delivery
- Delivery takes place "ex works/store/warehouse." This means that all costs are borne by the buyer.
- The buyer is obligated to accept the goods at the moment the seller delivers them or has them delivered, or at the moment when these goods are made available to the buyer according to the agreement.
- If the buyer refuses to accept delivery or is negligent in providing information or instructions necessary for the delivery, the seller is entitled to store the goods at the expense and risk of the buyer.
- If the goods are delivered, the seller is entitled to charge any delivery costs.
- If the seller requires buyer's data for the execution of the agreement, the delivery time begins after the buyer has provided these data to the seller.
- A delivery time specified by the seller is indicative and never a strict deadline. In case of exceeding the deadline, the buyer must notify the seller in writing of the default.
- The seller is entitled to deliver the goods in parts unless otherwise agreed upon in writing by the parties or if partial delivery has no independent value. In case of partial delivery, the seller is entitled to invoice these parts separately.
Article 11: Force majeure
- If the seller is unable, untimely, or inadequately fulfill its obligations under the agreement due to force majeure, it shall not be liable for any damages suffered by the buyer.
- Force majeure, as understood by the parties, includes any circumstance that the seller could not have foreseen at the time of entering into the agreement and which reasonably prevents the normal execution of the agreement by the buyer, such as illness, war or war danger, civil war and riot, hostilities, sabotage, terrorism, power outage, flooding, earthquake, fire, occupation of business premises, strikes, lockouts, altered government measures, transport difficulties, and other disruptions in the seller's business.
- The parties also consider it force majeure if the supplier companies on which the seller depends for the execution of the agreement fail to fulfill their contractual obligations towards the seller, unless this is attributable to the seller.
- In the event that a situation as described above occurs, preventing the seller from fulfilling its obligations towards the buyer, those obligations shall be suspended until the seller can fulfill its obligations. If the situation described in the previous sentence has lasted for 30 calendar days, the parties have the right to terminate the agreement in writing, either in whole or in part.
- If the force majeure lasts for more than three months, the buyer has the right to terminate the agreement immediately. Termination can only be done through a registered letter.
Article 12: Transfer of rights
- Rights of a party under this agreement may not be transferred without the prior written consent of the other party. This provision shall be considered as a provision with property law effect as meant in article 3:83, second paragraph, of the Civil Code.
Article 13: Retention of title and right of retention
- The goods present at the seller's premises, as well as delivered goods and parts, shall remain the property of the seller until the buyer has paid the agreed-upon price in full. Until then, the seller can rely on its retention of title and take back the goods.
- If the agreed-upon advance payments are not made or not made on time, the seller has the right to suspend the work until the agreed-upon part has been paid. This constitutes default by the debtor. A delayed delivery cannot be attributed to the seller in such case.
- The seller is not authorized to pledge or encumber the goods falling under its retention of title in any way.
- The seller undertakes to insure and keep insured the goods delivered to the buyer under retention of title against fire, explosion, water damage, theft, and to present the policy for inspection upon first request.
- If the goods have not yet been delivered, but the agreed-upon advance payment or price has not been paid according to the agreement, the seller has the right of retention. The goods will not be delivered until the buyer has paid in full and according to the agreement.
- In the event of liquidation, insolvency, or suspension of payment by the buyer, the buyer's obligations become immediately due and payable.
Article 14: Liability
- Any liability for damages arising from or relating to the performance of an agreement is always limited to the amount paid out under the applicable liability insurance policy(ies) in the specific case. This amount is increased by the amount of the deductible according to the respective policy.
- Seller's liability for damages resulting from intentional acts or conscious recklessness of the seller or its supervisory subordinates is not excluded.
Article 15: Complaint obligation
- The buyer is obliged to immediately report complaints about the work performed to the seller. The complaint should contain a detailed description of the deficiency so that the seller can adequately respond to it.
- If a complaint is justified, the seller is obligated to repair or, if necessary, replace the goods.
Article 16: Guarantees
- If guarantees are included in the agreement, the following applies. The seller guarantees that the sold item complies with the agreement, functions without defects, and is suitable for the buyer's intended use. This warranty applies for a period of (depending on the manufacturer's warranty) after the buyer's receipt of the purchased item.
- The intended purpose of this warranty is to establish a risk allocation between the seller and the buyer, wherein the consequences of a breach of warranty always fully fall on the seller's account and risk. The seller can never invoke Article 6:75 of the Civil Code in the case of a breach of warranty, even if the breach was known or could have been known to the buyer through investigation.
- The aforementioned warranty does not apply if the defect arises as a result of improper or unauthorized use, or if the buyer or third parties have made or attempted to make modifications without permission or have used the purchased item for purposes it is not intended for.
- If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that producer.
Article 17: Applicable law and jurisdiction
- Dutch law exclusively applies to any agreement between the parties.
- The Dutch court in the district where STRIPELESS TIGER is established/practices/has its office is exclusively competent to hear any disputes between the parties, unless the law mandatorily prescribes otherwise.
- The applicability of the Vienna Sales Convention is excluded.
- If one or more provisions of these general terms and conditions are considered unreasonably onerous in a judicial proceeding, the remaining provisions remain in full force.
Changes to the general terms and conditions We reserve the right to modify our general terms and conditions at any time. However, you will always find the most recent version on this page. If the new general terms and conditions have an impact on how we process the data we have already collected concerning you, we will inform you by email.
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