General Terms

GENERAL TERMS AND CONDITIONS OF IBZMODE

1. All sales, offers and deliveries are subject to the following conditions. These are binding on both parties, to the exclusion of contrary conditions of the Buyer, unless otherwise accepted in writing by the Seller. By ordering, the buyer declares to know these conditions and to accept them without reservation.

2. All agreements concluded under the operation of these terms and conditions are subject to Dutch law.

3. All quotations are without obligation, unless otherwise agreed in writing.

4. Delivery and transfer of risk shall take place by transfer of the goods to the professional carrier or, in the event that the goods are collected by the buyer or delivered by the seller, by the buyer taking delivery of the goods or delivery to the buyer's warehouse. Vendor shall bear the costs with any shipping costs of transport up to the Dutch border. Clearance is at the buyer's expense. If delivery is dependent on the Buyer calling for the goods and the Buyer fails to do so, the delivery date shall be the last day of the agreed call period or delivery period.

5. After expiration of the (agreed) delivery period/date, a subsequent delivery period of 4 weeks shall automatically come into effect.

6. The seller shall be entitled to cancel all orders in whole or in part, without court intervention, at his discretion, or to demand advance payment for deliveries yet to be made, if:
7. he is unable to cover the credit risks arising from the order(s) in question with a credit insurer to be determined by him, or insufficiently;
8. the buyer's financial position deteriorates before the order(s) are fully executed.

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8. Complaints can only be asserted if they are submitted to the seller in writing and clearly described within two weeks of receipt of the goods and provided that the goods are in the condition in which they were delivered.
9. Minor deviations in quality, color, size, weight, finish, design, etc. considered acceptable in the trade or technically unavoidable shall not form a basis for complaints.
10. In the event of justified complaints, the seller has the option of crediting the goods or repairing or replacing them within thirty days of receipt of the return shipment.

8. In the event of non-delivery, late delivery or incorrect delivery, the Buyer cannot claim compensation for damage unless this is the result of intent or gross negligence on the part of the Seller.

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10. Payment of the purchase price must be made to an account designated by the seller.
11. Payments will always be used to settle the oldest expired claims.
12. In case of payment through a bank, the date of payment will be the day the seller's bank account is credited.
13. The buyer who has not paid by the due date will be in default towards the seller without any warning being necessary.
14. Any delay in payment will oblige the buyer to pay default interests (interest) of no more than 1.5% per month or part of a month, without prejudice to a fixed compensation of no more than 15% of the invoice amounts not paid or not paid on time, in accordance with the commercial practice in the buyer's country.
15. If the buyer fails to pay on time, the seller is entitled for all deliveries yet to be made to demand cash payment before delivery of the goods or a guarantee of timely payment, to cancel the contract in whole or in part, or to suspend the further execution of the order until all overdue invoice amounts have been settled.

10. All goods delivered shall remain the property of vendor until payment of all - also not yet due - invoices has been made. As long as vendor has anything to claim, he is entitled to take back the goods and purchaser is not entitled to transfer goods of vendor in any form whatsoever (by way of security) to third parties or to give them on consignment to third parties. For goods taken back pursuant to this article, buyer shall be credited for the market value of such goods on the day of taking back.

11. Force majeure which delays or prevents delivery of the goods releases the seller from the obligation to deliver on time and shall not give rise to any liability on the part of the seller. Force majeure is understood to mean any circumstance beyond the Seller's control, such as, but not limited to: war, riots, strikes, government measures, interruptions of any kind at the Seller's premises, disruptions in the normal supply of raw materials and auxiliary materials for the Seller's benefit, as well as stagnation in the transport of products with the Seller's chosen means of transport.

12. The seller is entitled to sell to third parties articles of clothing that have been refused and/or returned, provided with any (brand) labels belonging to the buyer, if the removal of those (brand) labels results in damage to or a reduction in the value of the articles concerned.

13. If it transpires that the Buyer will be unable to meet its payment obligations, the Seller shall be entitled to dissolve the contract extrajudicially with immediate effect and the Buyer shall be liable to compensate the Seller in full for any loss suffered as a result. The damage suffered by seller in the event of dissolution shall be deemed to be at least half of the order value.

The buyer shall only be entitled to cancel an order within 15 days after the order has been placed by registered letter unless otherwise expressly agreed in writing by the seller and the buyer. If the Buyer cancels an order after the expiry of 15 days after the order has been placed, the Buyer shall owe the Seller 50% of the order amount by way of compensation for the costs incurred by the Seller in preparing the delivery, without prejudice to the Seller's right to recover from the Buyer all losses suffered by the Seller as a result of the Buyer's canceling an order.

14. Buyer shall not be entitled to sell the ordered goods in or to resupply them to establishments other than the establishment mentioned in the order without the seller's written consent. In case of violation, the Seller shall be entitled to dissolve the relevant purchase agreement and all other current purchase agreements, wholly or insofar as not carried out, by a written statement originating from the Seller and the Buyer shall owe the Seller damages amounting to 50% of the order amount.

ibzmode is a trade name of Zullenwij BV registered under number 27287935.

VAT no: NL815736824B01