General Terms and Conditions
Article 1 - Definitions
The following definitions apply in these terms and conditions:
-
Consumer: a natural person whose actions are not carried
out for objectives relating to the course of a trade, a profession or a
business;
- Day: calendar day;
-
Digital Content: data that are produced and supplied in
digital form;
-
Distance Contract: a contract concluded between Trader
and Consumer within the framework of system organized for the distance
sale of products, Digital Content and/or services, whereby sole or partly
use is made of one or more techniques for distance communication up to and
including the moment that the contract is concluded;
-
Durable Medium: every means - including emails - that
enables Consumer or Trader to store information that is addressed to him
in person in a way that facilitates its future use or consultation during
a period that is in keeping with the objective for which the information
is intended, and which facilitates the unaltered reproduction of the
stored information;
-
Extended Duration Contract: a Distance Contract relating
to a series of products and/or services, whereby the obligation to supply
and/or purchase is spread over a period of time;
-
Model Form for Right of Withdrawal: the European Model
Form for Right of Withdrawal that is included in Appendix I of these terms
and conditions;
-
Outlet Products: any product offered by Trader in the
online outlet;
All outlet sales are final
-
Privacy Policy: the policy regarding privacy as
determined by Trader and mentioned on the Website;
-
Right of Withdrawal: the possibility for Consumer to
waive a Distance Contract within the Withdrawal Period;
-
Supplementary Agreement: an agreement in which Consumer
obtains products, Digital Content and/or services via a Distance Contract,
and Trader or a third party delivers these products, Digital Content
and/or services in accordance with an agreement between that third party
and the Trader;
-
Technique for Distance Communication: means that can be
used for communication regarding the offer made by Trader and concluding a
contract, without the necessity of Consumer and Trader being in the same
place at the same time.
-
Trader: a natural or legal person who offers products,
(access to) Digital Content and/or services to Consumers from a distance;
-
Withdrawal Period: the period within which Consumer can
make use of his Right of Withdrawal;
Article 2 - Identity of the Trader
Name Trader: Suit Supply Clothing Canada Inc (doing business as Suitsupply)
Registered address:
Suit Supply Clothing Canada Inc
400-725 Granville Street
BC V6Z 2M1 Vancouver BC
V7Y 1GS
Canada
Telephone number: +1 (844) 707-7970
Suitsupply can be reached from Mon-Fri from 9am - 9pm (nationwide) and Sat-Sun between 9am - 6pm EST
Email address: service@suitsupply.com
VAT identification number: GST 83413 9230 / QST 1224255108
Article 3 - Applicability
-
These general terms and conditions apply to every offer made by Trader and
to every Distance Contract that has been realized between Trader and
Consumer.
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Trader can only fulfill an order to a delivery address in The Netherlands.
-
The Outlet products offered can only be delivered in the following
countries:
Canada and The United States.
-
Consumers living outside these countries can only use the online ordering
service of Outlet products if the delivery address of the order is in one
of the aforementioned countries or areas.
-
Prior to the conclusion of a Distance Contract, the text of these general
terms and conditions will be made available to Consumer. If this is not
reasonably possible, Trader will indicate, before the Distance Contract is
concluded, in what way the general terms and conditions are available for
inspection at the Trader’s premises and that they will be sent free of
charge to Consumer, as quickly as possible, at Consumer’s request.
-
If the Distance Contract is concluded electronically, then, contrary to
the previous paragraph, and before the Distance Contract is concluded,
Consumer will be provided with the text of these general terms and
conditions electronically, in such a way that Consumer can easily store
them on a Durable Medium. If this is not reasonably possible, then before
concluding the Distance Contract, Trader will indicate where the general
terms and conditions can be inspected electronically and that at his
request they will be sent to Consumer free of charge, either
electronically or in some other way.
-
In cases where specific product or service-related terms and conditions
apply in addition to these general terms and conditions, the second and
third paragraphs apply by analogy and Consumer can always invoke the
applicable condition that is most favorable to him in the event of
incompatible general terms and conditions.
Article 4 - The offer
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If an offer is subject to a limited period of validity or is made subject
to conditions, this will be explicitly mentioned in the offer.
-
The offer contains a complete and accurate description of the products,
Digital Content and/or services being offered. The description is
sufficiently detailed to enable Consumer to make a proper assessment of
the offer. If Trader makes use of illustrations, these will be a true
representation of the products and/or services being offered. Trader is
not bound by obvious errors or mistakes in the offer.
-
Every offer contains information that makes it clear to Consumer what
rights and obligations are related to the acceptance of the offer.
Article 5 - The contract
-
The contract will be concluded, subject to that which is stipulated in
paragraph 4, at the moment at which Consumer accepts the offer and the
conditions thereby stipulated have been fulfilled.
-
If Consumer has accepted the offer electronically, Trader will immediately
confirm receipt of acceptance of the offer electronically, it being
understood that Trader may revoke such order confirmation in respect of
offers made in the online outlet within 10 days after Consumer has
received such order confirmation in which case (i) no contract deemed to
have been concluded and (ii) any payments made shall be reimbursed to
Consumer in accordance with Article 9. Consumer can dissolve the contract
as long as this acceptance has not been confirmed by Trader.
-
If the contract is concluded electronically, Trader will take suitable
technical and organizational measures to secure the electronic transfer of
data and he will ensure a safe web environment. If Consumer is able to pay
electronically, Trader will take suitable security measures.
-
Trader may obtain information – within statutory frameworks – about
Consumer’s ability to fulfill his payment obligations, as well as about
facts and factors that are important for the responsible conclusion of the
Distance Contract. If that research gives Trader proper grounds for
declining to conclude the contract, then he has a right, supported by
reasons, to reject an order or application or to bind its implementation
to special conditions.
-
Trader will send to Consumer, at the latest when delivering a product,
service or Digital Content, the following information, in writing, or in
such a way that Consumer can store it on an accessible Durable Medium:
-
the office address of Trader’s business location where Consumer can
lodge complaints;
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the conditions under which Consumer can make use of the Right of
Withdrawal and the method for doing so, or a clear statement relating
to preclusion from the Right of Withdrawal;
- information on guarantees and existing after-sales service;
-
the price, including all taxes on the product, service or Digital
Content; the costs of delivery insofar as applicable, and the method
of payment, delivery or implementing the Distance Contract;
-
the requirements for terminating the contract, if the duration of the
contract exceeds one year or if it is indefinite;
-
if Consumer has a Right of Withdrawal, the Model Form for Right of
Withdrawal.
-
In case of an Extended Duration Contract, the stipulation in the
previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
Upon delivery of products
-
When purchasing products, Consumer has the right to dissolve a contract,
without giving reasons, during a period of at least 14 Days. Trader is
allowed to ask Consumer for the reason of this dissolution, but Consumer
is under no obligation to state his/her reason(s).
All outlet sales are final
-
The period stipulated in para. 1 commences on the Day after the product
was received by Consumer, or a third party designated by Consumer, who is
not the transporting party, or:
-
if Consumer has ordered several products: the Day on which Consumer, or a
third party designated by Consumer, received the last product. Trader may
refuse a single order for several products with different delivery dates,
provided he clearly informed Consumer of this prior to the ordering
process.
-
if the delivery of a product involves different deliveries or parts: the
Day on which Consumer, or a third party designated by Consumer, received
the last delivery or the last part;
-
with contracts for the regular delivery of products during a given period:
the Day on which Consumer, or a third party designated by Consumer,
received the last product. Upon delivery of services and Digital Content
that is not supplied on a material medium:
-
Consumer has the right to dissolve a contract, without giving reasons, for
the supply of Digital Content that is not supplied on a material medium
during a period of at least fourteen Days. The Trader is allowed to ask
Consumer for the reason of this dissolution, but Consumer is under no
obligation to state his/her reason(s).
-
The period stipulated in para. 3 commences on the Day after the contract
was concluded. Extended Withdrawal Period for products, services and
Digital Content that is not supplied on a material medium in the event a
Consumer was not informed about the Right of Withdrawal:
-
If Trader did not provide Consumer with the statutorily obligatory
information about the Right of Withdrawal or if the Model Form for Right
of Withdrawal was not provided, the Withdrawal Period ends twelve months
after the end of the originally stipulated Withdrawal Period based on the
previous paragraphs of this article.
-
If Trader provided Consumer with the information referred to in the
previous paragraph within twelve months of the commencing date of the
original Withdrawal Period, the Withdrawal Period shall end 14 Days after
the Day on which Consumer received the information.
Article 7 - Consumers’ obligations during the Withdrawal Period
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During the Withdrawal Period, Consumer shall treat the product and its
packaging with care. He shall only unpack or use the product in as far as
necessary in order to assess the nature, characteristics and efficacy of
the product. The point of departure here is that Consumer may only handle
and inspect the product in the same way that he would be allowed in a
shop.
-
Consumer is only liable for the product’s devaluation that is a
consequence of his handling the product other than as permitted in para.
1.
-
Consumer is not liable for the product’s devaluation if Trader did not
provide him with all the statutorily obligatory information about the
Right of Withdrawal before the contract was concluded.
Article 8 - Consumers who exercise their Right of Withdrawal and the costs
involved
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Consumer who wants to exercise his Right of Withdrawal shall report this
to Trader, within the Withdrawal Period, by means of the Model Form for
Right of Withdrawal or in some other unequivocal way.
-
As quickly as possible, but no later than 14 Days after the Day of
reporting as referred to in para. 1, Consumer shall return the product, or
hand it over to (a representative of) Trader. This is not necessary if
Trader has offered to collect the product himself. Consumer will in any
case have complied with the time for returning goods if he sends the
product back before the Withdrawal Period has lapsed.
-
Consumer returns the product with all relevant accessories, if reasonably
possible in the original state and packaging, and in accordance with the
reasonable and clear instructions provided by the Trader.
-
The risk and the burden of proof for exercising the Right of Withdrawal
correctly and in time rest upon Consumer.
-
Consumer bears the direct costs of returning the product. If Trader has
not declared that Consumer shall bear these costs or if Trader indicates a
willingness to bear these costs himself, then Consumer shall not be liable
to bear the costs of returning goods.
-
If Consumer exercises his Right of Withdrawal, after first explicitly
having asked that the service provided or the delivery of gas, water or
electricity not prepared for sale shall be implemented in a limited volume
or a given quantity during the period of withdrawal, Consumer shall owe
Trader a sum of money that is equivalent to that proportion of the
contract that Trader has fulfilled at the moment of withdrawal, in
comparison with fulfilling the contract entirely.
-
Consumer shall bear no costs for implementing services or the supply of
water, gas or electricity not prepared for sale – in a limited volume or
quantity – or for delivering city central heating, if:
-
Trader did not provide Consumer with the statutorily obligatory
information about the Right of Withdrawal, the costs payable in the
event of withdrawal or the Model Form for Right of Withdrawal, or:
-
Consumer did not explicitly ask about the commencement of implementing
the service or the delivery of gas, water, electricity or city central
heating during the period of withdrawal.
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Consumer shall bear no costs for the entire or partial supply of
Digital Content that is not supplied on a material medium, if:
-
prior to delivery, he did not explicitly agree to commencing
fulfilment of the contract before the end of the period of withdrawal;
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he did not acknowledge having lost his Right of Withdrawal upon
granting his permission; or
-
the Trader neglected to confirm this statement made by the Consumer.
-
If Consumer exercises his Right of Withdrawal, all Supplementary
Agreements are legally dissolved.
Article 9 - Traders’ obligations in a case of withdrawal
-
If Trader makes it possible for Consumer to declare his withdrawal via
electronic means, then after receiving such a declaration, he sends
immediate confirmation of receipt.
-
Trader reimburses Consumer immediately with all payments, including any
delivery costs Trader charged for the returned product, though at the
latest within 14 Days after the Day on which Consumer reported the
withdrawal. Except in cases in which Trader has offered to retrieve the
product himself, he can postpone refunding until he has received the
product or until Consumer proves he has returned the product, depending on
which occurs earlier.
-
For any reimbursement, Trader will use the same payment method that was
initially used by Consumer, unless Consumer agrees to another method.
Reimbursement is free of charge for Consumer.
-
If Consumer chose an expensive method of delivery in preference to the
cheapest standard delivery, Trader does not have to refund the additional
costs of the more expensive method.
Article 10 - Precluding the Right of Withdrawal
Upon delivery of products
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Products or services whose prices are subject to fluctuations on the
financial market over which Trader has no influence and which can occur
within the period of withdrawal;
-
Contracts concluded during a public auction. A public auction is defined
as a sales method whereby Trader offers products, Digital Content and/or
services at an auction, under the directions of an auctioneer, and whereby
the successful purchaser is obliged to purchase the products, Digital
Content and/or services;
-
Service contracts, after full completion of the service, but only if:
-
implementation started with the explicit prior agreement of Consumer;
and
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Consumer declared having lost his right or withdrawal as soon as the
Trader had completed the contract in full;
-
Service contracts providing access to accommodation, if the contract
already stipulates a certain date or period of implementation and other
than for the purpose of accommodation, the transport of goods, car rental
services and catering;
-
Contracts relating to leisure activities, if the contract already
stipulates a certain date or period of implementation;
-
Products manufactured according to Consumer’s specifications, which were
not prefabricated and were made based on Consumer’s specific choice or
decision, or which are clearly intended for a specific person;
- Products subject to rapid decay or with a limited shelf-life;
-
Sealed products that, for reasons relating to the protection of health or
hygiene, are unsuited to returning and whose seal was broken subsequent to
delivery;
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Products that, due to their nature, have been irretrievably mixed with
other products;
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Alcoholic drinks whose price was agreed when concluding the contract, but
the delivery of which can only take place after 30 Days, and the actual
value of which depends on market fluctuations over which Trader has no
influence;
-
Sealed audio/video-recordings and computer apparatus whose seal was broken
after delivery;
-
The delivery of Digital Content other than on a material medium, but only
if:
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the delivery commenced with Consumer’s explicit prior agreement, and
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Consumer declared that this implied his having lost his Right of
Withdrawal.
Article 11 - The price
Upon delivery of products
-
Products or services whose prices are subject to fluctuations on the
financial market over which Trader has no influence and which can occur
within the period of withdrawal;
-
Contracts concluded during a public auction. A public auction is defined
as a sales method whereby Trader offers products, Digital Content and/or
services at an auction, under the directions of an auctioneer, and whereby
the successful purchaser is obliged to purchase the products, Digital
Content and/or services;
-
Service contracts, after full completion of the service, but only if:
-
implementation started with the explicit prior agreement of Consumer;
and
-
Consumer declared having lost his right or withdrawal as soon as the
Trader had completed the contract in full;
-
Service contracts providing access to accommodation, if the contract
already stipulates a certain date or period of implementation and other
than for the purpose of accommodation, the transport of goods, car rental
services and catering;
-
Contracts relating to leisure activities, if the contract already
stipulates a certain date or period of implementation;
-
Products manufactured according to Consumer’s specifications, which were
not prefabricated and were made based on Consumer’s specific choice or
decision, or which are clearly intended for a specific person;
- Products subject to rapid decay or with a limited shelf-life;
-
Sealed products that, for reasons relating to the protection of health or
hygiene, are unsuited to returning and whose seal was broken subsequent to
delivery;
-
Products that, due to their nature, have been irretrievably mixed with
other products;
-
Alcoholic drinks whose price was agreed when concluding the contract, but
the delivery of which can only take place after 30 Days, and the actual
value of which depends on market fluctuations over which Trader has no
influence;
-
Sealed audio/video-recordings and computer apparatus whose seal was broken
after delivery;
-
The delivery of Digital Content other than on a material medium, but only
if:
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the delivery commenced with Consumer’s explicit prior agreement, and
-
Consumer declared that this implied his having lost his Right of
Withdrawal.
Article 12 - Contract fulfilment and extra guarantee
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Trader guarantees that the products and/or services fulfill the contract,
the specifications stated in the offer, the reasonable requirements of
reliability and/or serviceability and the statutory stipulations and/or
government regulations that existed on the date that the contract was
concluded. If agreed Trader also guarantees that the product is suited for
other than normal designation.
-
An extra guarantee arrangement offered by Trader, manufacturer or importer
can never affect the statutory rights and claims that Consumer can enforce
against the Trader on the grounds of the contract if the Trader failed to
fulfill his part in the contract.
-
An extra guarantee is defined as every commitment of Trader, his supplier,
importer or manufacturer that grants Consumer rights or claims, in excess
of those provided by law, for the event that he fails to fulfil his part
in the contract.
Article 13 - Supply and implementation
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Trader will take the greatest possible care when receiving and
implementing orders for products and when assessing applications for the
provision of services.
-
The place of delivery is deemed to be the address that Consumer makes
known to the company.
-
Taking into consideration that which is stated in article 4 of these
general terms and conditions, the company will implement accepted orders
with efficient expedition, though at the latest within 30 Days, unless a
different period of delivery has been agreed. If delivery suffers a delay,
or if the delivery cannot be implemented, or only partially, Consumer will
be informed about this at the latest 30 Days after the order was placed.
In this case, Consumer has a right to dissolve the contract free of charge
and a right to possible damages.
-
Following dissolution in accordance with the previous paragraph, Trader
refunds Consumer immediately the sum he had paid.
-
The risk of damage and/or loss of products rests upon Trader up to the
moment of delivery to Consumer or a representative previous designated by
Consumer and announced to Trader, unless this has explicitly been agreed
otherwise.
Article 14 - Extended duration transactions: duration, termination and
prolongation
Termination
-
Consumer has a right at all times to terminate an open-ended contract that
was concluded for the regular supply of products (including electricity)
or services, subject to the agreed termination rules and a period of
notice that does not exceed one month.
-
Consumer has a right at all times to terminate a fixed-term contract that
was concluded for the regular supply of products (including electricity)
or services at the end of the fixed-term, subject to the agreed
termination rules and a period of notice that does not exceed one month.
-
With respect to contracts as described in the first two paragraphs,
Consumer can:
- terminate them at all times and not be limited to termination at a
specific time or during a specific period;
- terminate them in the same way as that in which they were concluded;
- always terminate them subject to the same period of notice as that
stipulated for Trader.
Prolongation
-
A fixed-term contract that was concluded for the regular supply of
products (including electricity) or services may not be automatically
prolonged or renewed for a fixed period of time.
-
In departure from that which is stated in the previous paragraph, a
fixed-term contract that has been concluded for the regular supply of
daily or weekly newspapers or magazines may be automatically prolonged for
a fixed term that does not exceed three months, if Consumer is at liberty
to terminate this prolonged contract towards the end of the prolongation,
with a period of notice that does not exceed one month.
-
A fixed-term contract that has been concluded for the regular supply of
products or services may only be automatically prolonged for an indefinite
period of time if Consumer has at all times the right to terminate, with a
period of notice that does not exceed one month and, in the case of a
contract to supply daily or weekly newspapers or magazines regularly but
less than once per month, a period that does not exceed three months.
-
A fixed term contract for the regular supply, by way of introduction, of
daily or weekly newspapers and magazines (trial subscriptions or
introductory subscriptions) will not be automatically prolonged and will
automatically terminate at the end of the trial period or introductory
period.
Duration
-
If the fixed-term of a contract exceeds one year, then after one year
Consumer has at all times a right to terminate, with a period of notice
that does not exceed one month, unless reasonableness and fairness dictate
that premature termination of the contract would be unacceptable.
Article 15 - Payment
-
As far as no other date is stipulated in the contract or supplementary
conditions, sums payable by Consumer should be paid within 14 Days after
commencement of the Withdrawal Period, or in the absence of a Withdrawal
Period within 14 Days after the conclusion of the contract. In the case of
a contract to provide a service, this 14-Day period starts on the Day
after Consumer received confirmation of the contract.
-
When selling products to Consumers, the general terms and conditions may
never stipulate an advance payment in excess of 50%. Where advance payment
is stipulated, Consumer cannot invoke any rights whatsoever in relation to
the implementation of the order or service(s) in question before the
stipulated advance payment has been made.
-
Consumer is obliged to report immediately to Trader any inaccuracies in
payment data provided or stated.
-
If a Consumer fails to fulfil his payment obligation(s) in good time,
after Trader has informed Consumer about the late payment, Consumer is
allowed 14 Days in which to fulfil the obligation to pay; if payment is
not made within this 14-Day period, statutory interest will be payable
over the sum owed and Trader has the right to charge reasonable
extrajudicial costs of collection he has incurred. These costs of
collection amount to, at the most: 15% of unpaid sums up to €2,500; 10%
over the next €2,500; and 5% over the next €5,000, with a minimum of €40.
Trader can make departures from these sums and percentages that are
favorable to Consumer.
Article 16 – Deviations
Trader cannot guarantee that the color, size and/or text of the product as
shown on the website are exactly similar to the product as delivered to
Consumer by Trader.
Article 17 - Privacy
The personal details as provided by Consumer for placing of an order will be
processed in accordance with the Privacy Policy.
Article 18 – Intellectual Property
Trader owns all intellectual property rights related to the product.
Article 19 – Liability
-
As far as permitted by law, Trader excludes all liability for any damages
incurred by Consumer if the product ordered by Consumer is not available
and/or delivered (on time).
-
Without prejudice to the provisions of Article 20.1, and as far as
permitted by law, Trader’s liability will be limited to maximum amount of
the purchase price of the concerning product.
Article 20 – Force Majeure
-
In the event of force majeure Trader has the right to suspend all her
obligations under the Supplementary Agreement. An event of force majeure
includes strikes, breakdowns, sickness or import/export bans at Trader or
at third parties engaged by Trader.
-
In the event it is clear that the period of force majeure will last longer
than two months, either of the parties has the right to dissolve the
Supplementary agreement without having the obligation to pay any damages.
Article 21 – Questions and Complaints
-
For questions/information User can contact the service department at
telephone number: 0800 020 6227 or at the e-mail address
service@suitsupply.com.
-
In the event Consumer is not satisfied with the product or with any other
products and/or services of Trader, Consumer has the possibility to file a
complaint at the service department at telephone number 0800 020 6227 or
at e-mail address
service@suitsupply.com. This
must be done within fourteen (14) calendar Days following the Day Consumer
discovered or should reasonably has discovered the reason to file the
complaint.
Article 22 – Governing Law and Competent Court
-
These general term and conditions and the Supplementary agreement are
governed by Dutch law.
-
Any and all disputes arising from the General Conditions and the Distant
Contract and Supplementary Agreement will be submitted to the competent
court of Amsterdam, The Netherlands.