GENERAL TERMS & CONDITIONS
STITCHED Global Production House B.V.
Article 1 – Applicability Terms
- These General Terms and Conditions of sale and delivery (“Terms”) apply to any offer, sale or agreement made by STITCHED Global Production House B.V. (“we” or “Stitched”) on its online or mobile webshop(s) accessible via the URL: www.themartingarrixshop.com (“Webstore”) and to any use by you (“you” or “Customer”) of the Webstore. Stitched is not affiliated to MGLM Holding B.V. or Martin Garrix B.V. and operates under a granted license including the right to sell the Products (as defined hereunder).
- These terms are applicable to purchase orders by natural persons only, not acting in the course of a profession or a business. Should you be acting in a professional manner, please contact us.
- Prior to concluding a distant sale agreement, these Terms will be made available electronically by Stitched to the Customer in a printable and/or downloadable form. In the event this would be reasonably impossible, Stitched will provide another possibility for the Customer to gain insight in these Terms and Stitched will provide a free copy of these Terms upon the Customer’s first request.
- Prior to submitting an order via the Webstore you need to acknowledge and accept the applicability of these Terms in relation to the purchase. Furthermore, you agree that using the Webstore is subject to these Terms. If you do not agree to these Terms, you should not be using our Webstore, or cease using our Webstore.
- Any additions to, or deviations from, these Terms shall only apply when agreed in writing between Stitched and the Customer.
- If, at any time, one or more provisions of these Terms is or becomes void or cancelled, either in full or in part, then the other provisions of these Terms remain in full effect. The voided or cancelled provision(s) will in such an event be replaced, thereby taking into consideration their purpose and intent.
- The English-language text of these Terms will be considered as leading, in the case discrepancy arises with translations of these Terms.
- Stitched reserves the right to amend these Terms at its discretion, in order to comply with applicable law or changes in its business policies. The amended Terms will be posted on the Webstore. As we will not directly and personally inform you about these amendments, the Customer is asked to regularly check and review (for) any amendments made to these Terms.
- The Customer is expected to have read the latest version of the Terms prior to making any purchase. Furthermore, the use of this Webstore following any amendments to these Terms implies the acceptance of these amendments.
- If you have any queries about these Terms, please contact our customer services via email@example.com.
Article 2 - Definitions
In these General Terms and Conditions of sale and delivery the following terms are defined as:
2.1 Customer: a natural person, not acting in the course of a profession or a business.
2.2 Product: the products (e.g. apparel and other merchandise) offered via the Webstore and sold and delivered by Stitched.
2.3 Stitched: STITCHED Global Production House B.V., having its address at Jekerstraat 96-2, 1078 MH Amsterdam, The Netherlands, registered with the Chamber of Commerce under number: 69169543, email address: firstname.lastname@example.org.
Article 3 – Offer, order and acceptance
3.1 All offers for Products made by Stitched via the Webstore shall be subject to the availability of such Product. If the Product you have ordered unfortunately runs out of stock after the purchase order has been placed, Stitched will contact you via the email address that has been provided in order to exchange the item for another Product of equal value. If we have not received a response from you within 10 business days, we reserve the right to refund your order in full. Any and all refunds will be made in Euros. The Customer acknowledges and accepts the possibility of any deviations in the received amount due to exchange rates in relation to the local currency.
3.2 The Customer is made aware that whilst Stitched attempts to manage stock and cater to demand as well as possible, Products are limited to the sizes, colors, and variants as offered on the Webstore. If a particular size, color or variant is not listed in the Webstore, it is not, or not currently available for purchase.
3.3 Any offer made on this Webstore contains a description of the Product. Any images and size charts displayed in the Webstore provide an indicative representation of the Product. Please note that the actual colors and/or sizes of the Product may slightly differ from the representation in the Webstore.
3.4 By purchasing a Product through the Webstore, the Customer warrants Stitched to be 1) at least 18 years old and 2) legally capable of entering into binding agreements. If either is not the case, the Customer should ask a parent or guardian to accept these Terms on its behalf.
3.5 Any purchase order is accepted by Stitched once it has been confirmed to Customer by virtue of a confirmation email of the purchase.
3.6 The Customer is aware that Stitched is always entitled to refuse a purchase order without providing further explanation (e.g. in the event of a suspected fraud). Stitched will inform the Customer as soon as possible, in the event of such refusal.
3.7 All Purchase orders should be made via the Webstore. Orders cannot be made via other methods, for example via the telephone, email or social media. Neither is it possible to get in touch with artists via our customer service.
Article 4 – Prices and payment
4.1 Unless specified otherwise, all prices are expressed in Euros and are excluding VAT, unless specified otherwise. Prices in your local currency may change due to differences in exchange rates.
4.2 Prices include delivery costs only when specified.
4.3 Local import duties and local taxes may be levied to Products that are shipped outside the European Union. Stitched has no influence on this. You are responsible for the payment of these local import duties and local taxes, which may be imposed once the Product reaches the final destination. Stitched cannot provide you an estimation of these local import duties and local taxes.
4.4 Prices and listings in the Webstore, in our communications and/or in our advertisements may be incorrect. Stitched is not liable for, nor bound to incorrect prices or factual errors on the Webstore, if this is an evident mistake or error. In the case where the value of the Product is higher than the indicated price, Stitched has the right to reject the purchase order. In the case where the value of the Product is lower than the indicated price, Stitched will ship the purchased item against the correct price of the Product.
4.5 Our Webstore accepts a range of different payment methods. These methods of payment include iDeal, MasterCard, Visa, American Express and PayPal. Stitched does not accept other methods of payment. Stitched has the right to assess, to the extent permitted by law, whether the Customer will be able to meet its payment obligations following from the order and Stitched has the right to refuse an order if it has doubts on this, or to request further safeguards. When paying by credit or debit card, the Customer confirms that the card is 1) registered on his/her name and 2) is entitled to use the card 3) also confirms to have adequate funds to cover card costs and charges that may be connected to the purchase.
4.6 Stitched is always entitled to change the prices for its Products.
Article 5 – Delivery
5.1 In our Webstore, we aim to deliver Products that are of satisfactory quality and reasonably comply with the provided specifications on the Webstore. To the best of our knowledge, Products comply with applicable Dutch laws and regulations regarding safety and usability.
5.2 We will process and ship ordered Products as soon as possible, but not later than thirty (30) days, unless another delivery period has been agreed. In most cases, the ordered Product is shipped within 2-3 business days.
5.3 Once the ordered Product has been shipped, you will receive tracking information in the shipping confirmation email provided. Stitched is not responsible for lost Products due to a shipping address that is provided incorrectly. The Customer is asked to first contact the shipping company indicated in your confirmation email, if the ordered Product has not arrived within the indicated shipping time.
5.4 Shipping and delivery dates are an indication only, and should never be seen by the Customer as a strict deadline.
5.5 The risk of any damage, loss and depreciation of ordered Products rests with Stitched until the moment of delivery of the Product to the Customer at the address provided by the Customer, unless agreed otherwise. The Customer is responsible for providing the correct address details and Stitched cannot be held responsible for lost Products due to incorrect or incomplete address details.
5.6 The Customer is required to inspect the received Product for damages. When a delivered Product is damaged or incomplete, the Customer should contact Stitched forthwith to have the damaged Product replaced, or to receive a refund after return of the damaged Product.
5.7 Stitched may require photographic evidence before damaged or incorrect Products can be returned.
5.8 All the ordered and shipped Products remain property of Stitched, until the Customer has fulfilled its irrevocable (financial) obligations that stem from the agreed purchase.
Article 6 – Right of cancellation and return
6.1 You are entitled to cancel the purchase agreement with Stitched and return the Product, for any reason, within fourteen (14) days after receipt of the Product.
6.2 In order to invoke the right of cancellation you are required to inform Stitched by means of an unambiguous statement that you want to cancel the purchase. In this respect you are requested to use one of the provided options specified in the Return Form as provided by Stitched.
6.3 The right of cancellation is excluded in the following events:
(i) where the Product, by reason of its nature, cannot be returned due to hygienic and health reasons and the sealed packaging has been breached;
(ii) personalized Products; or
(iii) the Product that has been altered or damaged, worn or washed by the Customer.
6.4 When invoking the right of cancellation, the Customer will immediately – at least within fourteen (14) days after notifying Stitched of your request to cancel the purchase – return the Products to Stitched, as also further specified in the provided Return Form. During the fourteen day term you are obliged to take good care of the Product and its packaging. You will only be liable for depreciation of the Product if caused by use of the Product in a matter that goes beyond necessary to inspect the nature and specifications of the Product. For example, wearing or washing a Product is not permitted.
6.5 If the Customer cancels the purchase of a Product in accordance with these Terms, Stitched will process the refund due to you as soon as possible – at least within fourteen (14) days - after we have received the returned Product and verified compliance with the return policy.
6.6 A refund will be via the same method of payment as of the order, unless agreed upon differently. This refund includes the standard delivery costs of the order made. The Customer will be responsible for the costs of returning the Product, in its original condition with the tags attached.
Article 7 - Webstore use and Content
7.1 All (intellectual property) rights in relation to the Webstore and Products are the sole and exclusive property of Stitched and/or its licensors. This includes, but is not limited to, pictures, photos, brand names, trademarks, audio, video and written text (“Content”).
7.2 Unless explicitly indicated otherwise, this Webstore and the Content are only for your personal and non-commercial use.
7.3 When using the Webstore, you are strictly prohibited to:
- upload or post illegal and infringing materials, false or defamatory statements, as well as indecent, harmful content, in any way or form.
- (execute) malicious code (including viruses and Trojan horses).- reproduce, duplicate, modify, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Webstore or the Content;
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- act in a manner (risking) to impair the Webstore or its Content, in any way or form. This includes the overburdening of the Webstore and the gaining of unauthorized access to the Webstore and Webstore data, in any way or form.
Article 8 – Account registration
8.1. The Customer may – but is not obliged to – make a user account on the Webstore before placing an order. The Customer is responsible for providing the correct and required information in creating a user account, and should update the account details in case of changes.
8.2. The Customer should at all times maintain the confidentiality of the account’s username and password. The Customer is solely responsible for all activities that occur under this account. In case of breach of the user account, Stitched should be notified immediately by the Customer, in order to block the account.
Article 9 – Applicable law and competence
9.1 These Terms are governed by and construed in accordance with the laws of The Netherlands.
9.2 As far as legally permitted, the district court of Amsterdam, the Netherlands, is exclusively competent in case of any claim or dispute arising out of or in relation to these Terms.
Amsterdam, September 2017