GENERAL TERMS AND CONDITIONS OF DELIVERY AND PAYMENT Workwear Restyle

Article 1 General
These general terms and conditions apply to every offer and every agreement between WORKWEAR restyle and the client, insofar as the parties have not expressly deviated from these general terms and conditions. General terms and conditions used by the client are not accepted by WORKWEAR restyle, unless the parties expressly agree otherwise by handing this over to us before the order is placed with us.

Article 2 Offers and quotations
The quotes issued by WORKWEAR restyle are without obligation and valid for 14 days, unless otherwise indicated. The prices stated in the quotes and offers are exclusive of VAT, unless otherwise indicated.

Article 3 Conclusion of the agreement
The agreement is only concluded by the written order confirmation by WORKWEAR restyle or a start of actual execution by WORKWEAR restyle. In such case, invoicing by WORKWEAR restyle is considered as written order confirmation, with the understanding that partial invoicing of an order does not imply confirmation of the remaining part of the order.

Article 4 Representation
Communications by representatives and other personnel of WORKWEAR restyle can only bind WORKWEAR restyle if these communications have been confirmed in writing (by email) by WORKWEAR restyle.

Article 5 Advance payment and/or security
WORKWEAR restyle is at all times entitled to request advance payment or security from the client before proceeding with delivery or further delivery. If this request is not met upon first request, WORKWEAR restyle is entitled to terminate the agreement, without prejudice to its right to compensation for the damage, costs and interest it suffers as a result.

Article 6 Delivery times
The agreed delivery time is not a fatal term, unless expressly agreed otherwise. In the event of late delivery, the client must therefore give WORKWEAR restyle written notice of default, whereby WORKWEAR restyle must be given a reasonable term of at least 14 days to still meet its obligations (with the exception of Special made products).
For standard stock products we have a delivery time of 5 working days from Sweden to the Netherlands.
For Special made clothing the standard time after approval of order confirmation is approximately 16 weeks excluding waiting time for approvals of artwork, lap dibs, logos and customs clearance of goods.

Article 7 Delivery
WORKWEAR restyle has no delivery obligation and may cancel orders unless otherwise agreed in writing. Delivery of accepted orders will take place from the warehouse in Sweden or the warehouse in the Netherlands of WORKWEAR restyle, unless otherwise agreed. Transport costs will be borne by the client. If one of the conditions has been agreed upon in the delivery conditions, the conditions applicable at the time the agreement is concluded will apply. WORKWEAR restyle is permitted to deliver the sold or processed items in parts. If the items are delivered in parts, WORKWEAR restyle is authorised to invoice each part separately. The client is obliged to accept the purchased or processed items at the time they are delivered to him or at the time they are made available to him in accordance with the agreement. If the client refuses to accept the items or is negligent in providing information or instructions necessary for the delivery, the items will be stored at the expense and risk of the client. In that case, the client will be liable for all additional costs, including in any case the storage costs. WORKWEAR restyle is allowed to deliver 10% more or less for special made or PMS dyed clothing.

Article 8 Retention of title
The items delivered by WORKWEAR restyle remain the property of WORKWEAR restyle until the client has fulfilled all subsequent obligations arising from all agreements concluded with WORKWEAR restyle:
1. The consideration(s) with regard to the item(s) delivered or to be delivered.
2. Any claims due to non-compliance by the buyer with the agreement(s).
Items delivered by WORKWEAR restyle that fall under the retention of title pursuant to paragraph 1 may only be resold in the context of normal business operations. Furthermore, the client is not authorised to pledge the items or to establish any other right to them. If the client fails to fulfil his obligations or there is a well-founded fear that he will not do so, WORKWEAR restyle is entitled to remove or have removed items delivered that are subject to the retention of title from the client or third parties who hold the item for the client or third parties who hold the item for the client. The client is obliged to provide full cooperation for this purpose under penalty of a fine of 10% of the amount owed by him per day. If third parties wish to establish or assert any right to the items delivered under retention of title, the client is obliged to inform WORKWEAR restyle of this as soon as may reasonably be expected. The client undertakes at the first request of WORKWEAR restyle:
1. To insure and keep insured the goods delivered under retention of title against fire, explosion and water damage and against theft and to make the policy of this insurance available for inspection;
2. to pledge all claims of the client on insurers with regard to the goods delivered under retention of title to WORKWEAR restyle in the manner prescribed in Article 3:239 of the Dutch Civil Code;
3. To pledge the claims that the client obtains against its customers when reselling items delivered by WORKWEAR restyle under retention of title in the manner prescribed in Article 3:239 of the Dutch Civil Code;
4. To mark the items delivered under retention of title as the property of WORKWEAR restyle;
5. To cooperate in other ways with all reasonable measures that WORKWEAR restyle wishes to take to protect its property rights with regard to the goods and which do not unreasonably hinder the client in the normal exercise of its business.
Without prejudice to the provisions of this article, WORKWEAR restyle has the right to suspend its obligations under the agreement or to terminate the agreement without judicial intervention. WORKWEAR restyle also reserves the right to full compensation for damages, costs, interest and loss of profit.

Article 9 Right of retention
If the agreement between WORKWEAR restyle and the client extends to WORKWEAR restyle processing of items belonging to the client or to third parties, WORKWEAR restyle is, regardless of any other binding provision, entitled to suspend the fulfillment of the obligation to deliver these (processed) items until the client has fully paid the claims of WORKWEAR restyle.

Article 10 Price increase
WORKWEAR restyle has the authority to pass on price increases that occur after the conclusion of the agreement to the client. Only when the price increase is more than 15% does the client have the authority to terminate the agreement, without the client being able to claim compensation.

Article 11 Intellectual property
The client guarantees that no infringement of the rights of third parties is made in the performance of the agreement by WORKWEAR restyle and in particular by the reproduction or publication of the items received by the client such as models, drawings, photographs, lithographs, films and the like, in particular with regard to intellectual property. The client indemnifies WORKWEAR restyle in this regard against all claims. Unless expressly agreed otherwise in writing, WORKWEAR restyle shall always remain the rightful owner of the copyright that may arise on the works produced by it in the performance of the agreement, such as models, working and detailed drawings, photographs, lithographs and films, which works may not be reproduced without the written permission of WORKWEAR restyle.

Article 12 Liability
Except in the event of intent or gross negligence on the part of WORKWEAR restyle, or if the contrary arises from these conditions, WORKWEAR restyle is not liable for any damage, expressly including consequential damage, resulting from an attributable shortcoming in the fulfilment of the obligations arising from the agreement for WORKWEAR restyle, or as a result of an unlawful act by WORKWEAR restyle or by persons for whom WORKWEAR restyle can be held legally liable. The client indemnifies WORKWEAR restyle against all damage that WORKWEAR restyle may suffer as a result of claims by third parties related to the performance of the agreement by WORKWEAR restyle. If and to the extent that the provisions in the previous paragraphs of this article cannot be invoked, WORKWEAR restyle will never be liable for an amount higher than the (joint) invoice amount to which WORKWEAR restyle is entitled under the agreement vis-à-vis the client.

Article 13 Advertising & Returns
Complaints & Returns must be submitted to WORKWEAR restyle in writing within 14 days after delivery by the client. After this period, WORKWEAR restyle will not be under any obligation from any complaint by the client. Even if the buyer complains in time, the obligation of the client to pay for and accept orders placed remains. Items can only be returned to WORKWEAR restyle after prior written permission (by means of a confirmation of the revocation or return number from WORKWEAR restyle).

Article 14 Payment
Without prejudice to the provisions of Articles 5 and 9, payment must be made within 14 days of the invoice date, 1. By means of legal tender at the office of WORKWEAR restyle; 2. By transferring the amount due to the bank account of WORKWEAR restyle, an account to be determined later. After the expiry of 15 days after the invoice date, the client is in default; from the moment of default, the client owes interest on the amount due at the statutory interest rate. In the event of liquidation, bankruptcy or suspension of payment of the client, the obligations of the buyer will be immediately due and payable. Payment must be made without discount or settlement. Payments made by the other party always serve to settle in the first place all interest and costs due, and secondly the oldest outstanding invoices, even if the other party states that the payment relates to a later invoice.

Article 15 Force Majeure
Force majeure is understood to mean circumstances that prevent the fulfilment of the obligation and that cannot be attributed to WORKWEAR restyle. This will also include (if and to the extent that these circumstances make fulfilment impossible or reasonably difficult): strikes in companies other than those of WORKWEAR restyle, wildcat strikes or political strikes in the company of WORKWEAR restyle, a general shortage of the necessary raw materials and other items or services required to achieve the agreed performance, unforeseeable stagnation at suppliers or other third parties on which WORKWEAR restyle is dependent and general transport problems. WORKWEAR restyle also has the right to invoke force majeure if the circumstances that prevent (further) fulfilment occur after WORKWEAR restyle should have fulfilled its obligation. During force majeure, the delivery and other obligations of WORKWEAR restyle are suspended. If the period in which WORKWEAR restyle is unable to fulfil its obligations due to force majeure lasts longer than 30 days, both WORKWEAR restyle and the client are entitled to terminate the agreement, without any obligation to pay damages in that case. If WORKWEAR restyle has already partially fulfilled its obligations upon the occurrence of the force majeure, or can only partially fulfil its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the client is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or the part that can be delivered has no independent value.

Article 16 Judicial and extrajudicial costs
If the client is in default or in breach of one or more of its obligations, all reasonable costs incurred to obtain satisfaction out of court shall be borne by the client. In any case, the client shall owe 10% of the principal sum with a minimum of € 115. If WORKWEAR restyle demonstrates that it has incurred higher costs, which were reasonably necessary, these shall also be eligible for reimbursement. The client shall owe WORKWEAR restyle the legal costs incurred by WORKWEAR restyle in all instances, unless these are unreasonably high. This shall only apply if WORKWEAR restyle and the client conduct legal proceedings in relation to an agreement to which these general terms and conditions apply and a court ruling becomes final and binding, in which the client is fully or predominantly found to be in the wrong. If WORKWEAR restyle is forced to file for bankruptcy of the client, the client shall owe, in addition to the principal sum and the interest, all costs relating to the bankruptcy application. The provisions of this article shall not affect the rights of WORKWEAR restyle to claim compensation for damages suffered, interest, costs and loss of profits.

Article 17 Choice of forum
In deviation from the statutory rules for the jurisdiction of civil rights, any dispute between the client and WORKWEAR restyle, in case the court has jurisdiction, will be settled by the court in Arnhem. WORKWEAR restyle remains authorized to summon the client before the court that is competent according to the law or the applicable international treaty.

Article 18 Choice of law
Dutch law applies to every agreement between WORKWEAR restyle and the client.

Article 19 Amendment of the terms and conditions
WORKWEAR restyle is authorized to make changes to these conditions. These changes will enter into effect at the announced time of entry into effect. WORKWEAR restyle will send the amended conditions to the other party in a timely manner. If no time of entry into effect has been communicated, the changes will enter into effect for the client as soon as the changes have been communicated to him.

Article 20 Registration, customer data and login codes
In order to use services, the customer must register via the website. After WORKWEAR restyle has approved the customer, the customer will receive a confirmation email and can use the services. All data that the customer provides to WORKWEAR restyle during registration must be correct and complete. The customer must treat login codes provided by WORKWEAR restyle confidentially and with care and only disclose them to authorized staff members. WORKWEAR restyle can never be held liable if unauthorized third parties use the customer's login codes.

Article 20.1 Privacy statement
We kindly refer you to our website footer for our extensive Privacy Policy. or visit https://www.workwearrestyle.com/pages/privacybeleid