Terms of service

ARTICLE 1 – DEFINITIONS

ICCLUB:

ICCLUB (www.icclubclothing.com), CLOTHING AND CLOTHING ACCESSORIES FOR WOMEN AND MEN.

LOCATED AT RUYSDAELSTRAAT 24, 2021, HAARLEM,

CHAMBER OF COMMERCE NUMBER: 76846679, VAT NUMBER: NL003140504B76.

BUYER:

ANY NATURAL PERSON OR LEGAL ENTITY ACTING IN OR OUTSIDE THE EXERCISE OF A PROFESSION OR BUSINESS, COUNTERPARTY OF ICCLUB WITH WHOM ICCLUB ENTERS INTO AN AGREEMENT OR WITH WHOM ICCLUB IS IN DISCUSSIONS OR (DIGITAL) NEGOTIATIONS ABOUT ENTERING INTO A (PURCHASE) AGREEMENT. ALL RETURN COSTS ARE AT THE EXPENSE OF THE CUSTOMER.

AGREEMENT:

ANY AGREEMENT FOR THE DELIVERY OF PRODUCTS ENTERED INTO REMOTELY BETWEEN ICCLUB AND THE BUYER;

PRODUCT(S):

ALL ICCLUB PRODUCTS, INCLUDING (DIGITAL) IMAGES AND TECHNICAL SPECIFICATIONS SUBJECT TO AN AGREEMENT;

HOMEPAGE:

THE INTERNET PAGE OF ICCLUB;

DISTANCE SELLING:

A REMOTE SELLING SYSTEM ORGANIZED BY ICCLUB, WHERE COMMUNICATION IS MADE EXCLUSIVELY THROUGH ONE OR MORE REMOTE COMMUNICATION TECHNIQUES UNTIL THE AGREEMENT IS CONCLUDED;

OFFER:

ANY OFFER OF PRODUCTS, INCLUDING THE APPLICABLE TERMS, AS MADE BY ICCLUB ON ITS HOMEPAGE, IN ITS CATALOG, FLYERS, OR OTHERWISE TO THE BUYER;

PRICE:

THE PRICE OF THE OFFERED PRODUCT, EXCLUDING ADDITIONAL COSTS, AS SEPARATELY SPECIFIED AND AGREED UPON;

COOLING-OFF PERIOD:

THE PERIOD WITHIN WHICH THE BUYER CAN EXERCISE THEIR RIGHT OF WITHDRAWAL;

PARTIES:

ICCLUB AND BUYER TOGETHER.

ARTICLE 2 – APPLICABILITY OF GENERAL TERMS AND CONDITIONS

  • THESE TERMS AND CONDITIONS APPLY TO ALL OFFERS, OFFERS, AGREEMENTS, AND DELIVERIES OF SERVICES OR GOODS BY OR ON BEHALF OF THE SELLER.
  • DEVIATIONS FROM THESE TERMS AND CONDITIONS CAN ONLY BE MADE IF EXPRESSLY AND IN WRITING AGREED UPON BY BOTH PARTIES.
  • THESE TERMS AND CONDITIONS APPLY TO ALL REMOTE AGREEMENTS AND ALL ACTS, OFFERS, AND OTHER LEGAL ACTS BETWEEN ICCLUB AND THE BUYER.
  • THE TERMS AND CONDITIONS WILL BE PROVIDED TO THE BUYER ON THE HOMEPAGE BEFORE THE REMOTE AGREEMENT IS ENTERED INTO, SO THAT THE BUYER CAN REVIEW THE CONTENT OF THE TERMS AND CONDITIONS BEFORE ENTERING INTO THE AGREEMENT.
  • OWNER: TIMO WAKKER, SOLE PROPRIETOR OF ICCLUB, BORN 13-07-2000, RESIDING IN HAARLEM AND OFFICE LOCATED IN HAARLEM.

ARTICLE 3 – PAYMENT

  • THE FULL PURCHASE PRICE IS ALWAYS PAID IMMEDIATELY IN THE WEB SHOP. KLARNA/AFTERPAY WITHIN 14 DAYS.
  • IF THE BUYER DOES NOT PAY ON TIME, WHICH IS WITHIN 14 DAYS, THEY ARE IN DEFAULT. IF THE BUYER REMAINS IN DEFAULT, THE SELLER IS ENTITLED TO SUSPEND THEIR OBLIGATIONS UNTIL THE BUYER HAS FULFILLED THEIR PAYMENT OBLIGATION.
  • IF THE BUYER REMAINS IN DEFAULT, THE SELLER WILL PROCEED WITH DEBT COLLECTION. THE COSTS OF COLLECTION WILL BE AT THE EXPENSE OF THE BUYER. THESE COLLECTION COSTS WILL BE CALCULATED BASED ON THE DECISION ON OUT-OF-COURT COLLECTION COSTS.
  • IN CASE OF LIQUIDATION, BANKRUPTCY, SEIZURE, OR SUSPENSION OF PAYMENTS OF THE BUYER, THE SELLER'S CLAIMS AGAINST THE BUYER BECOME IMMEDIATELY DUE AND PAYABLE.
  • IF THE BUYER REFUSES TO COOPERATE WITH THE EXECUTION OF THE AGREEMENT BY THE SELLER, THEY ARE STILL OBLIGED TO PAY THE AGREED PRICE TO THE SELLER.

ARTICLE 4 – OFFERS, QUOTES, AND PRICE

  • OFFERS ARE WITHOUT OBLIGATION, UNLESS A TERM FOR ACCEPTANCE IS STATED IN THE OFFER. IF THE OFFER IS NOT ACCEPTED WITHIN THAT TERM, THE OFFER WILL EXPIRE.
  • DELIVERY TIMES IN OFFERS ARE INDICATIVE, AND THE BUYER HAS NO RIGHT TO CANCELLATION OR COMPENSATION IF THEY ARE EXCEEDED, UNLESS EXPRESSLY AND IN WRITING AGREED OTHERWISE BY THE PARTIES.
  • OFFERS AND QUOTES DO NOT AUTOMATICALLY APPLY TO REORDERS. THE PARTIES MUST EXPRESSLY AND IN WRITING AGREE ON THIS.
  • THE PRICE STATED IN OFFERS, QUOTES, AND INVOICES CONSISTS OF THE PURCHASE PRICE, INCLUDING VAT AND ANY OTHER GOVERNMENT LEVIES.

ARTICLE 5 – RIGHT OF WITHDRAWAL

  • THE CONSUMER HAS THE RIGHT TO CANCEL THE AGREEMENT WITHOUT GIVING A REASON WITHIN 14 DAYS AFTER RECEIVING THE ORDER (RIGHT OF WITHDRAWAL). THE PERIOD BEGINS FROM THE MOMENT THE (ENTIRE) ORDER IS RECEIVED BY THE CONSUMER.
  • THE BUYER PAYS FOR THE RETURN SHIPPING COSTS.
  • THE CONSUMER CAN USE A WITHDRAWAL FORM FROM THE SELLER. THE SELLER IS OBLIGED TO PROVIDE THIS TO THE BUYER UPON REQUEST. THE WITHDRAWAL FORM IS INCLUDED IN THE DELIVERY.
  • DURING THE COOLING-OFF PERIOD, THE CONSUMER WILL HANDLE THE PRODUCT AND PACKAGING WITH CARE. THE PRODUCT WILL ONLY BE UNPACKED OR USED TO THE EXTENT NECESSARY TO ASSESS WHETHER THEY WANT TO KEEP THE PRODUCT. IF THE CONSUMER EXERCISES THEIR RIGHT OF WITHDRAWAL, THE UNUSED AND UNDAMAGED PRODUCT, INCLUDING ALL DELIVERED ACCESSORIES AND – IF REASONABLY POSSIBLE – IN THE ORIGINAL SHIPPING PACKAGE MUST BE RETURNED TO THE SELLER.

ARTICLE 6 – AMENDMENT OF THE AGREEMENT

  • IF, DURING THE EXECUTION OF THE AGREEMENT, IT APPEARS NECESSARY TO MODIFY OR SUPPLEMENT THE WORK TO BE CARRIED OUT FOR THE PROPER PERFORMANCE OF THE AGREEMENT, THE PARTIES WILL TIMELY AND IN MUTUAL CONSULTATION AMEND THE AGREEMENT ACCORDINGLY.
  • IF THE PARTIES AGREE THAT THE AGREEMENT WILL BE MODIFIED OR SUPPLEMENTED, THE COMPLETION TIME OF THE EXECUTION MAY BE AFFECTED. THE SELLER WILL INFORM THE BUYER OF THIS AS SOON AS POSSIBLE.
  • IF THE MODIFICATION OR SUPPLEMENTATION OF THE AGREEMENT HAS FINANCIAL AND/OR QUALITY CONSEQUENCES, THE SELLER WILL INFORM THE BUYER IN WRITING IN ADVANCE.
  • IF THE PARTIES HAVE AGREED ON A FIXED PRICE, THE SELLER WILL INDICATE TO WHAT EXTENT THE MODIFICATION OR SUPPLEMENTATION OF THE AGREEMENT WILL RESULT IN AN OVERSTEP OF THIS PRICE.
  • IN DEVIATION FROM THE THIRD PARAGRAPH OF THIS ARTICLE, THE SELLER MAY NOT CHARGE ADDITIONAL COSTS IF THE MODIFICATION OR SUPPLEMENTATION IS DUE TO CIRCUMSTANCES ATTRIBUTABLE TO THE SELLER.

ARTICLE 7 – DELIVERY AND RISK TRANSFER

  • ONCE THE PURCHASED ITEM IS RECEIVED BY THE BUYER, THE RISK TRANSFERS FROM THE SELLER TO THE BUYER.

ARTICLE 8 – INSPECTION

  • THE BUYER IS OBLIGED TO INSPECT THE DELIVERY UPON (RECEIPT) DELIVERY AND IN ANY CASE WITHIN A SHORTLY POSSIBLE PERIOD. THE BUYER SHOULD CHECK WHETHER THE QUALITY AND QUANTITY OF THE DELIVERED ITEMS CORRESPOND TO WHAT THE PARTIES AGREED UPON, OR WHETHER THE QUALITY AND QUANTITY MEET THE REQUIREMENTS THAT ARE NORMALLY EXPECTED IN COMMERCE.
  • IN CASE OF A VALID COMPLAINT WITHIN THE STATED PERIOD, THE SELLER HAS THE RIGHT TO EITHER REPAIR, REDELIVER, OR TO WITHDRAW FROM THE DELIVERY AND PROVIDE A CREDIT NOTE FOR THAT PART OF THE PURCHASE PRICE.
  • SLIGHT AND/OR INDUSTRY-USED DEVIATIONS AND DIFFERENCES IN QUALITY, QUANTITY, SIZE, OR FINISH CANNOT BE CHARGED AGAINST THE SELLER.
  • COMPLAINTS ABOUT A SPECIFIC PRODUCT DO NOT AFFECT OTHER PRODUCTS OR PARTS OF THE SAME AGREEMENT.

 


ARTICLE 9 – SAMPLES AND MODELS

  • IF A SAMPLE OR MODEL HAS BEEN SHOWN OR PROVIDED TO THE BUYER, IT IS ASSUMED TO BE PROVIDED ONLY AS A GUIDE AND DOES NOT NECESSARILY HAVE TO MATCH THE DELIVERED GOODS. THIS IS OTHERWISE IF THE PARTIES HAVE EXPRESSLY AGREED THAT THE DELIVERED GOODS WILL MATCH THE SAMPLE OR MODEL.

ARTICLE 10 – DELIVERY

  • UNLESS OTHERWISE AGREED, DELIVERY AND THE TRANSFER OF RISK FOR THE PRODUCTS AND THEIR PACKAGING ALWAYS OCCUR AT THE TIME OF DELIVERY. THE BUYER IS OBLIGED TO ACCEPT THE PRODUCTS AT THE TIME THEY ARE DELIVERED TO HIM.
  • THE BUYER MUST ENSURE THAT NOTHING PREVENTS THE COMPLIANCE WITH ANY AGREED DEADLINES, INCLUDING DELIVERY TIMEFRAMES.
  • RISK AND ANY DAMAGE CAUSED BY REMOVAL OF THE PRODUCTS ARE ALWAYS THE RESPONSIBILITY OF THE BUYER.
  • IF THE BUYER DOES NOT ACCEPT OR TIMELY ACCEPTS THE PRODUCTS FOR A NON-LEGAL REASON, OR REFUSES TO ACCEPT THE PRODUCTS, HE WILL BE IN DEFAULT WITHOUT NOTICE OF DEFAULT. ICCLUB IS THEN ENTITLED TO STORE THE PRODUCTS FOR THE ACCOUNT AND RISK OF THE BUYER OR SELL THEM TO A THIRD PARTY. THE BUYER WILL STILL OWE THE PURCHASE PRICE, INCREASED BY INTEREST AND COSTS AS DAMAGES, BUT IN ANY CASE, REDUCED BY THE NET PROCEEDS FROM THE SALE TO THE THIRD PARTY.
  • IF THE PRODUCTS ARE DELIVERED, THE SELLER IS ENTITLED TO CHARGE DELIVERY COSTS. NETHERLANDS: 5.95 EUR.
  • ICCLUB HAS THE RIGHT TO DELIVER IN PARTS AT ALL TIMES.
  • IF THE SELLER REQUIRES THE BUYER’S DETAILS TO FULFILL THE AGREEMENT, THE DELIVERY TIME WILL START AFTER THE BUYER HAS PROVIDED THESE DETAILS TO THE SELLER. IF AGREEMENTS ARE MADE REMOTELY, IT IS EVIDENT THAT THE DETAILS ARE KNOWN IN ADVANCE.

ARTICLE 11 – FORCE MAJEURE

  • IF THE SELLER CANNOT, NOT TIMELY, OR NOT PROPERLY FULFILL HIS OBLIGATIONS UNDER THE AGREEMENT DUE TO FORCE MAJEURE, HE IS NOT LIABLE FOR DAMAGE INCURRED BY THE BUYER.
  • FORCE MAJEURE INCLUDES ANY CIRCUMSTANCE THAT THE SELLER COULD NOT HAVE ANTICIPATED AT THE TIME OF ENTERING INTO THE AGREEMENT AND WHICH MAKES THE NORMAL PERFORMANCE OF THE AGREEMENT REASONABLY IMPOSSIBLE FOR THE BUYER TO EXPECT, SUCH AS ILLNESS, WAR OR WAR DANGER, CIVIL WAR AND RIOTS, MOLEST, SABOTAGE, TERRORISM, POWER OUTAGES, FLOODING, EARTHQUAKES, FIRE, BUSINESS OCCUPATION, STRIKES, WORKER EXCLUSIONS, CHANGED GOVERNMENT MEASURES, TRANSPORT DIFFICULTIES, AND OTHER DISRUPTIONS IN THE SELLER’S OPERATIONS.
  • FORCE MAJEURE ALSO INCLUDES SITUATIONS WHERE SUPPLY COMPANIES, ON WHICH THE SELLER RELIES FOR THE PERFORMANCE OF THE AGREEMENT, FAIL TO FULFILL THEIR CONTRACTUAL OBLIGATIONS, UNLESS THIS IS THE SELLER’S FAULT.
  • IF A SITUATION AS DESCRIBED ABOVE OCCURS, AND THE SELLER CANNOT FULFILL HIS OBLIGATIONS TO THE BUYER, THE SELLER'S OBLIGATIONS ARE SUSPENDED FOR AS LONG AS HE IS UNABLE TO FULFILL THEM. IF THIS SITUATION LASTS FOR 30 CALENDAR DAYS, BOTH PARTIES HAVE THE RIGHT TO TERMINATE THE AGREEMENT IN WHOLE OR IN PART IN WRITING.
  • IF FORCE MAJEURE LASTS MORE THAN THREE MONTHS, THE BUYER HAS THE RIGHT TO TERMINATE THE AGREEMENT WITH IMMEDIATE EFFECT. TERMINATION CAN ONLY BE DONE WITH A DIGITAL SIGNATURE.

ARTICLE 12 – ASSIGNMENT OF RIGHTS

  • RIGHTS OF A PARTY UNDER THIS AGREEMENT CANNOT BE ASSIGNED WITHOUT THE PRIOR WRITTEN CONSENT OF THE OTHER PARTY. THIS PROVISION IS APPLICABLE AS A CONDITION WITH LEGAL EFFECT AS REFERRED TO IN ARTICLE 3:83, SECOND PARAGRAPH, CIVIL CODE.

ARTICLE 13 – RESERVATION OF TITLE AND RIGHT OF RETENTION

  • THE GOODS AND DELIVERED ITEMS AND COMPONENTS REMAIN THE PROPERTY OF THE SELLER UNTIL THE BUYER HAS PAID THE ENTIRE AGREED PRICE. UNTIL THAT TIME, THE SELLER MAY EXERCISE HIS RIGHT OF RESERVATION OF TITLE AND RETAKE THE GOODS.
  • IF THE AGREED ADVANCE PAYMENTS ARE NOT PAID OR NOT PAID ON TIME, THE SELLER HAS THE RIGHT TO SUSPEND THE WORK UNTIL THE AGREED AMOUNT IS PAID. THIS IS DEEMED A DEFAULT OF THE DEBTOR. A DELAYED DELIVERY CANNOT BE ATTRIBUTED TO THE SELLER IN SUCH A CASE.
  • THE SELLER IS NOT ENTITLED TO PLEDGE OR OTHERWISE ENCUMBER THE GOODS UNDER RESERVATION OF TITLE.
  • THE SELLER IS OBLIGED TO INSURE AND KEEP INSURED THE GOODS DELIVERED UNDER RESERVATION OF TITLE AGAINST FIRE, EXPLOSION, AND WATER DAMAGE AS WELL AS THEFT, AND TO PROVIDE THE POLICY FOR INSPECTION UPON FIRST REQUEST.
  • IF THE GOODS HAVE NOT YET BEEN DELIVERED BUT THE AGREED ADVANCE PAYMENT OR PRICE HAS NOT BEEN PAID AS AGREED, THE SELLER HAS THE RIGHT OF RETENTION. THE GOODS WILL NOT BE DELIVERED UNTIL THE BUYER HAS PAID IN FULL AND AS AGREED.
  • IN THE CASE OF LIQUIDATION, INSOLVENCY, OR SUSPENSION OF PAYMENTS OF THE BUYER, THE BUYER’S OBLIGATIONS BECOME IMMEDIATELY DUE.

ARTICLE 14 – LIABILITY

  • ANY LIABILITY FOR DAMAGE ARISING FROM OR RELATED TO THE PERFORMANCE OF AN AGREEMENT IS LIMITED TO THE AMOUNT PAID BY THE APPLICABLE LIABILITY INSURANCE IN THE SPECIFIC CASE. THIS AMOUNT IS INCREASED BY THE AMOUNT OF THE EXCESS UNDER THE RELEVANT POLICY.
  • NOT EXCLUDED IS THE SELLER’S LIABILITY FOR DAMAGE RESULTING FROM INTENT OR GROSS NEGLIGENCE BY THE SELLER OR HIS MANAGERIAL SUBORDINATES.

ARTICLE 15 – COMPLAINT DUTY

  • THE BUYER IS OBLIGED TO IMMEDIATELY REPORT COMPLAINTS ABOUT THE WORK PERFORMED TO THE SELLER. THE COMPLAINT MUST INCLUDE A DETAILED DESCRIPTION OF THE DEFICIENCY SO THAT THE SELLER CAN ADEQUATELY RESPOND.
  • IF A COMPLAINT IS JUSTIFIED, THE SELLER IS OBLIGED TO REPAIR OR REPLACE THE DEFECT.

ARTICLE 16 – WARRANTIES

  • IF WARRANTIES ARE INCLUDED IN THE AGREEMENT, THE FOLLOWING APPLIES. THE SELLER GUARANTEES THAT THE SOLD ITEMS CONFORM TO THE AGREEMENT, WILL FUNCTION WITHOUT DEFECTS, AND WILL BE SUITABLE FOR THE PURPOSE THAT THE BUYER INTENDS TO USE THEM FOR. THIS WARRANTY APPLIES FOR A PERIOD OF 14 DAYS AFTER THE BUYER HAS RECEIVED THE GOODS.
  • THE WARRANTY IS INTENDED TO CREATE A RISK SHARING BETWEEN THE SELLER AND THE BUYER, SO THAT THE CONSEQUENCES OF A BREACH OF WARRANTY ARE ALWAYS FOR THE ACCOUNT AND RISK OF THE SELLER, AND THE SELLER CANNOT CLAIM ARTICLE 6:75 CIVIL CODE IN THIS RESPECT. THE SAME APPLIES EVEN IF THE BREACH WAS KNOWN OR COULD HAVE BEEN KNOWN BY THE BUYER THROUGH INSPECTION.
  • THIS WARRANTY DOES NOT APPLY IF THE DEFECT OCCURS AS A RESULT OF UNWISE OR IMPROPER USE, OR IF THE BUYER OR THIRD PARTIES HAVE MADE CHANGES WITHOUT CONSENT OR HAVE USED THE ITEM FOR PURPOSES IT WAS NOT INTENDED FOR.

ARTICLE 17 – RETURNING PRODUCTS

  • UNLESS OTHERWISE AGREED, THE BUYER IS OBLIGED TO ACCEPT THE PRODUCTS DELIVERED BY THE SELLER. IF THE BUYER WISHES TO RETURN THE PRODUCTS, THE COSTS OF RETURNING THEM WILL BE FOR THE ACCOUNT OF THE BUYER. THE SELLER WILL NOT ACCEPT RETURNS WITHOUT PRIOR AGREEMENT.
  • THE PRODUCTS SHOULD BE RETURNED IN THEIR ORIGINAL CONDITION AND PACKAGING WITHIN 14 DAYS AFTER DELIVERY. IF THE BUYER HAS FAILED TO COMPLY WITH THE ABOVE CONDITIONS, HE WILL BE DEEMED TO HAVE ACCEPTED THE DELIVERY OF THE PRODUCTS AND WILL HAVE NO RIGHT TO RETURN THEM.
  • IF THE BUYER ACCEPTS THE RETURN OF THE PRODUCTS, THE SELLER WILL REFUND THE PURCHASE PRICE TO THE BUYER WITHIN 14 DAYS AFTER RECEIVING THE RETURNED PRODUCTS. THE SELLER MAY, HOWEVER, WITHHOLD THE REFUND UNTIL THE PRODUCTS HAVE BEEN RECEIVED AND INSPECTED.

ARTICLE 18 – PAYMENT TERMS

  • UNLESS OTHERWISE AGREED, THE PAYMENT TERMS ARE 14 DAYS AFTER THE INVOICE DATE. THE BUYER IS OBLIGED TO PAY THE AMOUNT SPECIFIED IN THE INVOICE WITHIN THIS PERIOD.
  • IF PAYMENT IS NOT MADE WITHIN THE AGREED TERM, THE BUYER IS IN DEFAULT AND THE SELLER IS ENTITLED TO CHARGE INTEREST ON THE OUTSTANDING AMOUNT FROM THE DUE DATE AT A RATE OF 1% PER MONTH, UNLESS A LOWER RATE IS REQUIRED BY LAW.
  • IF THE BUYER FAILS TO PAY, THE SELLER IS ENTITLED TO SUSPEND FURTHER DELIVERIES AND TO REVOKE THE AGREEMENT WITH THE BUYER.