General Terms and Conditions
General Terms and Conditions DGC
These General Terms and Conditions are based on the General Terms and Conditions of the Dutch Thuiswinkel Organization and come into force on 1 January 2018.
Table of contents:
1 - Definitions
2 - Identity of DGC
3 - Applicability
4 - The offer
5 - The agreement
6 - Right of withdrawal
7- Obligations of DGC upon withdrawal
8- Exclusion right of withdrawal
9 - Data management
10- The price
11 - Delivery and performance
12 - Retention of title
13 - Disputes
14 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions:
1. Supplementary agreement: an agreement whereby the buyer products, digital content
and/or acquires services in connection with a distance contract and these goods, digital content and/or services are supplied by DGC or by a third party on the basis of an agreement between that third party and Dgcustomz
2. Reflection period: the period within which the customer can make use of his right of withdrawal;
3. Customer: the natural person who does not act for purposes related to his
trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: an agreement that extends to the regular delivery of goods and services
and/or digital content over a period of time;
7. Durable data carrier: any tool - including e-mail - that the customer or
enables By BB to store information addressed to him personally in a way that allows future consultation or use during a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information ;
8. Right of withdrawal: the option of the customer to waive the distance contract within the cooling-off period;
9. DGC: the natural or legal person who offers products, (access to) digital content and/or services to customers at a distance;
10. Distance contract: an agreement concluded between DGC and the customer in the context of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. is made of one or more remote communication techniques;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Appendix I need not be made available if the customer has no right of withdrawal with regard to his order;
12. Technique for distance communication: means that can be used to conclude an agreement, without the customer and Dgcustomz having to come together in the same room at the same time.
Article 2 - Identity of DGC
DGC trading under the name DGC Clothing located at the
dollars 249
8032KH Zwolle.
Telephone number: available on working days from 9 a.m. to 5 p.m. on 06-81021423 only whatsapp
Email address: dgcclothing@hotmail.com
Chamber of Commerce number: 77324161
If the activity of Dgcustomz is subject to a relevant licensing system: the information about the supervisory authority.
If Dgcustomz practices a regulated profession:
- the professional association or organization with which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules that apply in the Netherlands and instructions where and
how these professional rules are accessible.
Article 3 - Applicability
1. These general terms and conditions apply to every offer from DGC and to every distance agreement concluded between Dgcustomz and the customer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, Dgcustomz will indicate before the distance contract is concluded how the general terms and conditions can be viewed at DGC and that they will be sent free of charge as soon as possible at the request of the customer.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that they can be read by the customer. customer can be stored in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the customer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the customer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .
Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the buyer. If DGC uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind DGC.
3. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the buyer of the offer and compliance with the corresponding conditions.
2. If the customer has accepted the offer electronically, Dgcustomz will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by DGC, the customer can dissolve the agreement.
3. If the agreement is concluded electronically, DGC will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the customer can pay electronically, Dgcustomz will observe appropriate security measures.
4. Dgcustomz can - within legal frameworks - inform whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, DGC has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
5. At the latest upon delivery of the product, service or digital content to the customer, DGC will also send the following information, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier:
a. the visiting address of the Dgcustomz establishment where the customer can go with complaints;
b. the conditions under which and the manner in which the customer uses the right of withdrawal
can make, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; as far as
applicable delivery costs; and the method of payment, delivery or performance of
the distance contract;
e. the requirements for termination of the agreement if the agreement has a duration of
is more than one year or of indefinite duration;
f. if the customer has a right of withdrawal, the model form for withdrawal.
6. In delivery.
In the case of an extended transaction, the provision in the previous paragraph only applies to the first
Article 6 - Right of withdrawal
By products:
1. The customer can dissolve an agreement regarding the purchase of a product without giving reasons during a period of 14 days. Dgcustomz may ask the customer for the reason for withdrawal, but not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the customer, or a third party designated in advance by the customer, who is not the carrier, has received the product, or:
a. if the customer has ordered several products in the same order: the day on which the
customer, or a third party designated by him, has received the last product. Dgcustomz may, provided that it has clearly informed the customer about this prior to the ordering process, refuse an order for several products with a different delivery time.
b. if the delivery of a product consists of several shipments or parts: the day on which the customer, or a third party designated by him, has received the last shipment or the last part;
c. in the case of agreements for regular delivery of products during a certain period: the day on which the customer, or a third party designated by him, has received the first product.
Article 7 - Obligations of DGC upon withdrawal makes revocation by the customer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
2. Dgcustomz uses the same payment method that the customer has used for reimbursement, unless the customer agrees to another method.
3. If the customer has paid an amount, Dgcustomz will refund this amount as soon as possible, but no later than 14 days after the return.
Article 8 - Exclusion right of withdrawal
The products customized and/or offered in the webshop by DGC and the Custom Art products made by DGC and/or offered in the webshop can be qualified as “special” and are therefore excluded from the right of withdrawal.
DGC can exclude the following products and services from the right of withdrawal, but only if DGC has clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Products or services whose price depends on fluctuations in the financial market over which DGC has no influence and which may occur within the withdrawal period;
2. Service agreements, after full performance of the service, but only if:
a. the performance has begun with the express prior consent of the customer; and
b. the customer has stated that he will lose his right of withdrawal as soon as DGC terminates the agreement
fully performed;
3. Agreements with regard to leisure activities, if a certain one is included in the agreement
date or period of implementation thereof is provided;
4. Products manufactured according to the customer's specifications, which are not prefabricated and which
are manufactured on the basis of an individual choice or decision of the customer, or are clearly intended for a specific person;
5. Products that spoil quickly or have a limited shelf life;
6. Sealed products that are not suitable for reasons of health protection or hygiene
to be returned and of which the seal has been broken after delivery;
7. Products that are irrevocably mixed with other products after delivery due to their nature;
8. The delivery of digital content other than on a tangible medium, but only if:
a. the performance has begun with the express prior consent of the customer; and
b. the customer has stated that he hereby loses his right of withdrawal.
Article 9 - Data Management
1. If you place an order with DGC, your details will be included in DGC's customer base. DGC adheres to the Personal Registrations Act and will not provide your data to third parties. See our Privacy Policy.
2. DGC respects the privacy of the users of the internet site and ensures that your personal data is treated confidentially.
3. In some cases, DGC uses a mailing list. Each mailing contains instructions to remove yourself from this list.
Article 10 - The price
4. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
5. Contrary to the previous paragraph, DGC can offer products or services whose prices are subject to fluctuations in the financial market and over which DGC has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
6. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
7. Price increases from 3 months after the conclusion of the agreement are only permitted if DGC has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the customer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
8. Offers are without obligation, unless stated otherwise in the offer.
9. Upon acceptance of a non-binding offer by the buyer, DGC reserves the right to revoke or deviate from the offer within a period of 3 working days after receipt of that acceptance.
10. Oral promises only bind DGC after they have been confirmed explicitly and in writing.
11. Offers from DGC do not automatically apply to repeat orders.
12. Dgcustomz cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
13. Additions, changes and/or further agreements are only valid if agreed in writing.
14. The prices stated in the offer of products or services include VAT, unless stated otherwise.
Article 13 - Compliance with the agreement and additional guarantee
1. DGC is there guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. An additional guarantee provided by DGC, its supplier, manufacturer or importer never limits the legal rights and claims that the customer can assert against Dgcustomz under the agreement if Dgcustomz has failed to fulfill its part of the agreement.
Article 11 - Delivery and performance
1. DGC will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the customer has made known to Dgcustomz.
3. With due observance of what is stated in article 4 of these general terms and conditions, Dgcustomz will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the
the customer of this no later than 30 days after he has placed the order. In that case, the customer has the right to dissolve the agreement without costs.
4. After dissolution in accordance with the previous paragraph, Dgcustomz will immediately refund the amount that the customer has paid
repay.
5. The risk of damage and/or loss of products rests with DGCUSTOMZ until the moment of
delivery to the customer or a pre-designated representative made known to Dgcustomz, unless expressly agreed otherwise.
Article 12 - Retention of title
1. If you place an order with Dgcustomz, your data will be included in Dgcustomz's customer base. Dgcustomz adheres to the Personal Data Registration Act and will not provide your information to third parties. See our Privacy Policy.
2. Ownership of all goods sold and delivered by Dgcustomz to the customer remains with Dgcustomz as long as the customer has not paid Dgcustomz's claims under the agreement or earlier or later similar agreements, as long as the customer has performed or still to be performed work from this or similar agreements has not yet fulfilled and as long as the customer has not yet paid Dgcustomz's claims due to failure to comply with such obligations, including claims in respect of fines, interest and costs, all as referred to in Article 3 :92 BW.
3. The goods delivered by Dgcustomz that fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
4. The customer is not authorized to pledge or encumber in any other way the goods subject to retention of title.
5. The customer now gives unconditional and irrevocable permission to Dgcustomz or a third party to be appointed by Dgcustomz, in all cases in which Dgcustomz wants to exercise its property rights, to enter all those places where its property will be located and take those things there to take.
6. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform dgcustomz of this as soon as may reasonably be expected.
7. The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide the policy of this insurance for inspection to Dgcustomz on first request.
Article 13 - Disputes
1. Only Dutch law applies to agreements between DGC and the customer to which these general terms and conditions apply.
Article 14 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable data carrier.