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|Algemene Leverings Voorwaarden|
2. Formation of agreement
3. Prices and offers
7. Return policy
9. E-communication and proof
10. Force majeure
12. Applicable law
1.1 The present Delivery Conditions (hereinafter referred to as 'Conditions') shall apply exclusively to all StitchPoint offers, orders and agreements to the exclusion of any other General Terms and Conditions. The present Conditions are filed with the Chamber of Commerce in Eindhoven under number 17065646 and shall be sent by StitchPoint to the Client upon request.
1.2 By accepting an offer or placing an order the Client agrees to the present Conditions.
1.3 Anything contained in the provisions of the present Conditions can only be deviated from in writing, in which case the rest of these Conditions remain fully in force.
1.4 All rights and claims as stated in the present Conditions and in any other agreement shall be stipulated on behalf of StitchPoint as well as the intermediaries hired by StitchPoint and any other third party.
2. Formation of agreement
2.1 An agreement is only entered into following StitchPoint's acceptance of the Client's order. Stitchpoint has the right to refuse orders as well as attach certain conditions to delivery, unless explicitly indicated otherwise. Should an order not be accepted, StitchPoint shall communicate this within seven (7) workdays following delivery of the order.
3. Prices and offers
3.1 All StitchPoint offers are without any obligation. StitchPoint reserves the explicit right to modify prices, particularly when necessary on account of legal provisions.
3.2 All prices are indicated in euro, include VAT and exclude shipping costs.
4.1 Payments always have to be made in advance, as part of the online ordering procedure, be it by bank transfer (within the Netherlands), by credit card or another means of payment offered during the ordering procedure.
5.1 The delivery times indicated by StitchPoint are indications that are taken seriously. Should an article not be in stock within seven (7) days following the order, the Client shall be informed of this by e-mail. If an article is still not delivered within 30 days following the order (sent from StitchPoint) then the Client may cancel the order. When cancelling an order the Client shall be reimbursed within 30 days.
5.2 The delivery of articles takes place at the location and time at which the articles are ready to be shipped to the Client.
6.1 The ownership of the delivered articles shall only be transferred once full payment has been made to StitchPoint as per any agreement entered into with StitchPoint. The risk regarding the articles is transferred at the time of delivery to the Client.
6.2 The copyright of the designs remains the property of Stitchpoint at all times.
7. Return policy
7.1 Downloaded patterns can not be returned and no reimbursement is applicable. The Client may return all other articles within fourteen (14) days following reception without explanation. Reimbursement shall be done within thirty (30) days following reception of return shipment. The Client shall pay for the costs of return shipments. The articles must be in their original state and be complete. The packaging of the pattern sheets must be unopened, as indicated on the packaging. The transparent packaging of the pattern makes it very easy to inspect the quality and nature of the pattern. The return policy conforms to the Dutch Distance Selling Law ("Wet Verkoop op Afstand").
7.4 Return shipments must be done as follows: An e-mail message must be sent to firstname.lastname@example.org so that Stitchpoint can expect your shipment. The subject of the e-mail must contain the order number or invoice number the Client has received in previous e-mail messages. The articles must be packaged in the original packaging in order to avoid damage during transport. The package should be addressed clearly to: Stitchpoint
5615 PD Eindhoven
8.1 The Client is obliged to inspect whether the articles delivered to the Client comply with the order. Should the delivered articles not comply then the Client must communicate this within seven (7) days following reception by e-mail to email@example.com. The order number must be stated in the subject line of the e-mail message and the message must contain a clear explanation as to why the article does not comply. Stitchpoint shall then contact the Client.
8.2 In the event that an article sent to the Client does not comply with the order, StitchPoint shall replace or supplement the article as well as come to an agreement with the Client regarding another solution. Should a solution not be found and the Client's reasons for not accepting the articles are well founded, payment shall be reimbursed and the delivered package may be returned at StitchPoint's costs. The costs of this return shipment shall be compensated up to an amount not exceeding the amount Stitchpoint paid for sending it and up to an amount not exceeding what Stitchpoint would have paid the Dutch postal service (TPG) for the normal shipment of a single package. The purchase price and costs for shipment and return shipment shall be reimbursed immediately following reception of the return shipment.
8.3 Any damage or inconvenience resulting from ordering from Stitchpoint and/or delivery from Stitchpoint cannot be recouped from Stitchpoint.
9. Electronic communication and proof
9.1 For misunderstandings, injuries, delays or not properly receiving data and messages as a result of using the Internet or any other means of communication in the correspondence between the Client and StitchPoint (as well as from third parties hired by the Client), StitchPoint shall not be held responsible, unless it results from wilful acts or gross negligence on the part of StitchPoint.
9.2 Stitchpoint attaches importance in displaying the articles online as close to the colour as possible. The Client must, however, take into account that the colours they see depend very much on their computer screen settings.
9.3 If the Client uses the information on Stitchpoint's website, then they are deemed to have accepted them and shall respect these rules, conditions and copyright. No part of this website may be used without explicit permission from Stitchpoint for any purpose other than for personal use and therefore may not be reproduced and/or distributed to third parties. Here below Stitchpoint's delivery conditions are explained in detail.
9.4 The administration of StitchPoint is considered, subject to counter-evidence, as proof of the existence, content and execution of the agreement with the Client in any legal procedure.
10. Force majeure
10.1 Without prejudice to its rights to dissolve the agreement without legal intervention, in the event of force majeure, StitchPoint has the right to suspend the execution of the Client's order at its sole discretion by notifying the Client in writing and without StitchPoint being held liable for any compensation, unless this would be unacceptable in all fairness given the circumstances. Compensation shall not exceed the purchase cost plus the current shipping costs.
10.2 Force majeure is understood as being any circumstance beyond StitchPoint's control for which StitchPoint can neither be attributed nor held accountable by law, legal act or according to generally accepted business practices.
11.1 Should one or more provisions of the present Conditions or of any other agreement entered into with StitchPoint become invalid or illegal or be otherwise rendered ineffective, StitchPoint shall replace the provision rendered invalid by a legally valid provision with the same effect.
11.2 StitchPoint is authorised to call upon third parties for the execution of the Client's order(s).
12. Applicable law and component court
12.1 All rights, obligations, offers, orders and agreements to which these Conditions as well as the present Conditions shall be governed by Dutch law.
12.2 Any disputes which may arise between the parties shall exclusively be put before the competent court in the Netherlands.