General conditions

The following Terms and Conditions apply to all agreements entered into between TALL TAILORS and its customers.

Date of last amendment: Jan. 1, 2025.

ARTICLE 1 - DEFINITIONS

Entrepreneur: the legal entity that has a business in e-commerce fashion retailing and offers products in this regard to consumers and counterparties;

Counterparty: a party who purchases products from the entrepreneur. The other party may be a consumer or a business customer;

Consumer: a natural person, not acting in the exercise of a business or profession, who purchases products from the entrepreneur as a customer;

Business customer: a legal entity/company, or a natural person acting from the exercise of a profession or business, who purchases products from the entrepreneur;

Contract: the multi-sided legal act by which the Company enters into an obligation with a counterparty;

Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Right of withdrawal: the consumer's right to rescind the contract within set legal time limits;

Webshop: the online platform on which the entrepreneur offers his products for counterparties;

Day: calendar day.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

TALL TAILORS
Sint Eustatius 93
7333 NW Apeldoorn
info@talltailors.com
KvK: 77450396
Phone: +31 6 58931698

ARTICLE 3 - APPLICABILITY

1. These terms and conditions apply to all contracts entered into between the entrepreneur and other parties.
2. Consumers agree to these terms and conditions when placing an order, prior to the conclusion of the contract. This confirmation takes place by checking the selection that they agree to the general terms and conditions;
3. Business customers agree to these terms and conditions when placing an order based on a quotation issued by the entrepreneur. These terms and conditions are made known when an offer is issued.
4. Deviation from these general terms and conditions is possible only if the parties have expressly agreed to this in writing.

ARTICLE 4 - THE OFFER

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. Products offered by the entrepreneur are always provided with a complete, accurate and truthful description. This description is such that the other party can make a good assessment of the product. Images used in the product description are a true representation of reality. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information, that it is clear to the other party what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
   1.  the price, including taxes;
   2. the cost of delivery, if any;
   3. The manner in which the agreement is established and what actions are required for that purpose;
   4. Whether or not the right of withdrawal applies;
   5. the method of payment, delivery or performance of the contract; and
   6. any payment period.
4. During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.

ARTICLE 5 - THE AGREEMENT

1. Quotations and quotations from the entrepreneur are without obligation, unless otherwise indicated in writing.
2. Quotations shall be valid for the period specified in the quotation. If no period is specified, the quotation is valid for 14 days
3. The entrepreneur is only bound by an offer if its acceptance is confirmed in writing by the other party within the stipulated period
4. Verbal commitments bind the entrepreneur only if they have been confirmed in writing.
5. The agreement is established at the time of acceptance by the other party of the offer and the fulfillment of the conditions set forth thereby.
6. When the agreement is concluded, the entrepreneur confirms the receipt of the order electronically. As long as entrepreneur has not made this confirmation, the other party can dissolve the agreement.
7. When concluding a distance contract in which an electronic payment has taken place, the entrepreneur shall take measures to secure the transfer of data and shall ensure a secure Webshop at all times.
8. The entrepreneur may - within legal frameworks - inform himself whether the other party 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, giving reasons.
9. Each contract between the entrepreneur and the other party is entered into separately and therefore ends after fulfillment by both parties, or by dissolution. No rights can be derived from entering into multiple separate agreements.
10. The entrepreneur shall include with the product to the other party the following information, in writing or in such a way that it can be stored by the other party in an accessible manner:
    1. where the other party can go with complaints;
    2. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
11. If the entrepreneur has undertaken to deliver a series of products, the provision in the previous paragraph applies only to the first delivery.
12. After the conclusion of the agreement it is possible for the other party to make changes to customer and address details until the time of dispatch. The other party remains responsible at all times for a correct statement of its customer and or address information. These changes must be notified in writing by contacting customer service.

ARTICLE 6 - RIGHT OF WITHDRAWAL

1. The consumer has the option to dissolve the agreement without giving any reason for 30 days. This period starts the day after the day of receipt of the product by or on behalf of the consumer, or after receipt of the last product if an order with multiple products is delivered separately.
2. During this period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer exercises his right of withdrawal he will return the product with all delivered accessories and in the original condition and packaging to the entrepreneur, in accordance with the instructions provided by the entrepreneur.
3. The consumer is liable for depreciation of the products resulting from handling the products beyond what was necessary to establish the nature, characteristics and functioning of the products. The premise here is that the product may be inspected as would be done in a store. A product may be tried on, but not worn for extended periods of time
4. Costs associated with returning products under the right of withdrawal are not always borne by the entrepreneur. The current return policy can always be consulted via the webshop.
5. Refund (or partial refund) of the products returned under the right of withdrawal will be made no later than 14 days after receipt of the products by the entrepreneur.
6. The right of withdrawal is excluded for business customers.

ARTICLE 7 - RIGHT OF OWNERSHIP AND RIGHT OF RETENTION

1. The entrepreneur may reserve ownership of all products delivered by him. The other party does not become the owner of the purchased product until it has paid the price, plus any additional amount due, to the entrepreneur in full.
2. The entrepreneur may exercise the right of retention (withholding) if the other party fails to fulfill a due and payable obligation, unless the failure does not justify such withholding.
3. With business customers, retention of title remains in effect even if the other party has resold, processed or otherwise delivered the delivered products to third parties. In that case, the other party acts for the benefit of the entrepreneur as holder of the proceeds or as holder of the resulting claims against third parties.

ARTICLE 8 - DISSOLUTION AND FORCE MAJEURE

1. Any shortcoming of the entrepreneur in the fulfillment of his obligations gives the other party the authority to dissolve the contract in whole or in part, unless the shortcoming is of a special nature or minor importance that it does not justify the dissolution with its consequences. Insofar as performance is not permanently or temporarily impossible, the authority to dissolve only arises when the defaulting party is in default.
2. In the case of dissolution in accordance with paragraph 1, the entrepreneur will refund the amount paid by the other party within 30 days at the latest.
3. Force majeure means any shortcoming that cannot be attributed to the entrepreneur. Attribution does not take place if the shortcoming is not due to his fault, nor by virtue of the law, legal act or generally accepted opinion.
4. The other party shall be informed of the force majeure as soon as possible, unless the address of the other party has not been made known to the entrepreneur, nor could reasonably be known.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a comparable product available to the other party. This will be made known to the other party before shipment, whereby the other party can decide to dissolve the agreement.

ARTICLE 9 - DELIVERY PERIOD

1. The entrepreneur takes the greatest possible care when receiving orders for its products, as well as executing those orders.
2. The place of delivery is the address which the other party has made known to the entrepreneur.
3. Delivery is deemed to have taken place at the moment the entrepreneur puts the other party in possession of the purchased products. After delivery, the risk of the product passes to the other party.
4. The entrepreneur will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed upon.
5. If the delivery period is exceeded, the other party must give the entrepreneur written notice of default, in which a reasonable period for compliance is still offered. Reasonable means the originally expected delivery time, with a maximum of one month. If the entrepreneur fails to deliver within this further period, the consumer has the right to terminate the contract without judicial intervention.

ARTICLE 10 - WARRANTIES

1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, with reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. The entrepreneur is not responsible for defects as well as resulting damage that occurred after the delivery of the products as a result of incompetence or lack of care, or that are the result of changes or repairs made to the delivered product by the other party or third parties.
3. For business customers, only the warranty as explicitly agreed upon in the quotation or order confirmation applies. If no specific warranty has been agreed upon, the entrepreneur only guarantees conformity of the delivered products at the time of delivery.

ARTICLE 11 - PAYMENT

1. The Entrepreneur makes several payment methods available through the Webshop. It is up to the other party to choose one of these methods. Only after completing a successful payment, and accepting the corresponding terms and conditions, the contract is concluded.
2. In contracts between the entrepreneur and business customers, an invoice is sent for the purpose of payment, whereby a maximum payment term of 14 days applies, unless another term has been agreed upon. The business customer is automatically in default if he has not paid the amount due after this period has expired.
3. If the business customer defaults on payment, the entrepreneur sends him a payment reminder, in which the business customer is informed of his default and in which he is still given the opportunity to pay the amount due within an additional period of 14 days after receipt of the payment reminder.
4. If the business customer is unable to fulfill his obligations even in this additional period after the payment reminder, the entrepreneur is entitled to proceed to collect the amount due without further notice. In that case, subject to legal restrictions, the entrepreneur is entitled to charge the legal entity/company for the reasonable costs made known at the same time as the payment reminder.
5. If the entrepreneur has assumed within legal frameworks of the - possible - inability to meet the payment obligation by the business customer, the entrepreneur is entitled to refuse an order or to attach additional conditions to the following implementation.
6. The other party has the obligation to report inaccuracies in payment information provided or stated to the entrepreneur.

ARTICLE 12 - LEGAL INTEREST AND EXTRAJUDICIAL COSTS

1. In the event of late payment of an amount due, the entrepreneur has the authority to charge statutory interest from the day of entry of default under Article 13 of these terms and conditions until the day of payment.
2. The extrajudicial costs reasonably incurred by the entrepreneur with a minimum of € 35.00 shall be borne by the other party.
3. In contracts with business customers, the entrepreneur is entitled to charge statutory commercial interest pursuant to Art. 6:119a of the Dutch Civil Code.

ARTICLE 13 - LIABILITY

1. The entrepreneur's liability to business customers is limited to direct damage and to a maximum of the invoice amount of the delivery in question. Liability for consequential damages, indirect damages, loss of profit, business interruption, third-party claims and the like is excluded.

ARTICLE 14 - COMPLAINTS

1. Complaints about defects in purchased products should be submitted to the entrepreneur as soon as possible, but no later than two months after their discovery.
2. The other party should preferably communicate its complaints to the entrepreneur in writing.
3. Before being able to make use of his right to complain, the consumer must prove, at the request of the entrepreneur, that the agreement to which the complaint relates was concluded with this entrepreneur. The consumer is advised to keep the proof of purchase for this purpose.

ARTICLE 15 - DISPUTES

1. Disputes between the other party and the entrepreneur concerning the conclusion or implementation of agreements relating to products to be supplied or delivered by this entrepreneur, may be submitted only to the competent court.

ARTICLE 16 - DUTCH LAW

1. All agreements and offers, to which these conditions are declared applicable, are subject to Dutch law.
2. The Gelderland District Court has exclusive jurisdiction to adjudicate all disputes arising between the entrepreneur and an opposing party. Disputes in this context shall also mean those disputes that are only perceived or designated as a dispute by one of the parties.
3. If any provision of these general terms and conditions is null and void or annulled, the remaining provisions shall remain in force and the parties shall consult in order to agree on a new provision (or provisions) to replace the void or annulled provision(s), taking into account as much as possible the purpose and intent of the void or annulled provision(s).

ARTICLE 17 - DEVIATIONS

1. Additional or deviating individual provisions, may not be to the detriment of the other party. These additional or deviating provisions between the entrepreneur and the other party must be recorded in writing.