General Conditions inSilk

General conditions sale and delivery of inSilk from Almere

  1. General
    1. These conditions apply to all sales of all goods and provision of services by inSilk, as well as negotiations relating to these sales and provision, even if these negotiations do not lead to the finalisation of an agreement. Conditions or stipulations that deviate from these Conditions and possible other general conditions that are common within this branch are superseded by these Conditions and are only valid if inSilk has stipulated in writing that they accept these conditions.
    2. Dutch law applies to these conditions and all agreements of inSilk, with the exception of sales agreement of Vienna (1980).
    3. Every legal action concerning an Agreement between inSilk and Buyer will go to court unless inSilk wishes to follow legal cognizance rules, taking into account the fact that inSilk will keep the right to appeal and the right of cassation.
  2. Special offers and Orders
    1. Orders have to be placed by fax or e-mail in order to prevent mistakes and/or misunderstandings on both sides. Of course orders can also be made through our website.
    2. If inSilk delivers goods that have for the largest part been made by a third party, inSilk cannot give a guarantee to Buyer concerning quality and/or proper functioning of these goods other than the guarantee that inSilk received from its supplier.
    3. Every special offer or pricing by inSilk is an invitation for making an offer and cannot be seen as binding to inSilk. InSilk is only bound if they accept the order that Buyer places after a special offer or notation in writing.
    4. All quotes made by inSilk regarding numbers, sizes, weights and/or other descriptions of products are made with care, but inSilk cannot guarantee that no deviations will occur. Displayed samples or samples that have been handed out, drawings or models are only indications of what the products concerned are. When Buyer proves that the products delivered deviate from the quotations, samples, drawings or models of inSilk in such a way that they can no longer be reasonably obliged to buy the product, Buyer has the right to cancel the agreement, however, this is only allowed if this cancellation is, reasonably, necessary.
  3. Prices
    1. Unless stated otherwise, all prices are in Euros including V.A.T.
    2. All prices are based on ‘ex works’ inSilk (Almere).
    3. InSilk is allowed to charge Buyer for all price-rises of raw material, semimanufactured products and/or other goods and/or services that inSilk uses for its products, as well as each unfavourable change in the exchange rate of the currency in which inSilk has to pay its suppliers, compared to the currency in which Buyer has to pay inSilk. If this occurs within 3 months after the acceptance of the order, Buyer is entitled to cancel the agreement for the future, or allowed to have it cancelled.
    4. If the gross invoice value is lower than € 50.- euro, inSilk charges you € 3.50 order/administration costs.
  4. Payment
    1. Unless agreed otherwise, payment to inSilk needs to be done before delivery, or no later than upon delivery of goods or services, or, in case of invoicing, upon or after delivery, within 30 days net.
    2. If Buyer does not pay in time, there is a 1% fee payable per month, or a part of a month, payable from the first day on which the amount can be demanded up until payment has occurred. In case not all open invoices have been paid by Buyer, inSilk has the right to refuse further orders and cancel further deliveries. In case Buyer fails to meet any payment to inSilk, all claims, from wherever they come, become claimable immediately and inSilk is entitled to charge Buyer for both extrajudicial debt collection costs (15% of the total amount owned, with a minimum of € 100,-) and actual reasonable judicial debt collection costs (including costs of legal aid).
    3. Buyer is not entitled to charge, unless agreed otherwise.
  5. Delivery
    1. Unless agreed otherwise, inSilk delivers accepted orders with able speed within 30 days at most. If, for some reason, this turns out to be impossible, the consumer will be notified of this at the latest one month after placing the order. In that case the consumer has the right to cancel the order without costs and without proof of default and the amount that has already been paid, will be paid back.
    2. Delivery dates as indicated by inSilk are approximations and do not have any contractual meaning. InSilk is not answerable to Buyer due to failure of delivery at certain times.
    3. Delivery from stock will last as long as there is stock or by order.
    4. InSilk always has the right make partial deliveries.
    5. In case Buyer does not take over the goods in time, inSilk will store them and the costs for this will be met by Buyer. All costs that generate from the fact that Buyer has not taken over in time, will be met by Buyer. Standby orders have to be taken over within the terms agreed. If this condition is not met, inSilk is entitled to deliver the part of the order that was not yet delivered all at once and charge Buyer with price-rises.
    6. In all cases in which goods are bought c.i.f. or f.o.b. or with the use of any other international trade terminology, this term will henceforth be included in the agreement in accordance with the Intercoms 1990, in so far that they deviate from these Conditions.
  6. Provisional ownership
    1. The ownership of the bought goods will transfer, regardless of the actual delivery, to Buyer only after Buyer has paid all that it owes or will owe to inSilk relating to these goods. This also includes the purchase price, possible additions, interest, taxes and costs caused by these General Conditions or the agreement, as well as work that has been done in relation to these products. Every amount received from Buyer will firstly be used for payment of those claims that inSilk has on Buyer regarding which inSilk has not made an ownership provision in this subsection. After that, any amount received from Buyer will first go to payment of all possible interest owned and costs as mentioned in section 4.4.
    2. Before ownership of products is transferred to Buyer, Buyer is not entitled to renting, lending or pawning it to third parties or give it to third parties in any way that they get to keep it. Buyer is only entitled to sell or deliver goods that inSilk owns in so far that it is necessary for a normal functioning of the company.
    3. Until payment is made, Buyer will only own as a keeper for inSilk and they will store the goods separately and will indicate they are the rightful property of inSilk and keep them stored.
    4. InSilk will become owner of all goods for which the delivered goods are used or are manufactured or changed by means of the delivered goods.
    5. InSilk has the right to take goods back if the ownership rights have not yet transferred to Buyer and hereby Buyer will give inSilk irrevocable power of attorney in order to enable them to gain entrance to all company terrain. This right will remain, regardless of an annulment or cancelation of the agreement between inSilk and Buyer for whichever reason.
  7. Force majeure
    1. Deliveries may be totally or partially cancelled by inSilk if the production, transport and/or the delivery of the goods or services for inSilk are hindered, delayed or made impossible or economically impossible or facts or circumstances occur outside the influence of inSilk, regardless whether these circumstances were foreseen or unforeseen at the time the order was accepted by inSilk. InSilk is not answerable to Buyer for any loss or damage that Buyer could possibly have due to such a delay or cancellation.
  8. Guarantee and liability
    1. If inSilk delivers goods that are mostly made by third parties, inSilk can give no further guarantee to Buyer regarding quality and/or proper functioning of these goods than the guarantee that inSilk received from its supplier.
    2. Buyer will immediately inspect delivered goods thoroughly. Deviations in the number of packages and defects that become apparent or might become apparent when opening these packages have to be reported within 7 days after delivery to inSilk. Every defect that is revealed at a later point in time and that Buyer could not have discovered earlier has to be reported by Buyer to inSilk at the latest eight days after the discovery or after the moment that the defect concerned could have been discovered. If Buyer does not meet the requirements of this subsection, every right to claim of Buyer expires.
    3. InSilk is never responsible for any indirect damage to Buyer or third parties which includes causal, immaterial, corporate and environmental damage.
    4. Answerability of inSilk towards Buyer, in whichever capacity, is per event (in which a coherent series of events counts as one event) limited to the contract price concerned (including V.A.T.). Or in case there is no such price, to the amount that inSilk receives from the insurance.
    5. The limits of answerability in 8.3 and 8.4 do not apply if the damage concerned was caused intentionally or caused by gross negligence by inSilk or their management.
  9. Return shipments
    1. Sample orders and goods that you have misordered CANNOT be returned.
    2. Return shipments can only be accepted if the following guidelines have been met:
      • the return shipment was announced by Buyer to inSilk (per email or telephone).
      • within 7 days after reception of goods.
      • copy invoice or shipment list that relates to the shipment attached to the return shipment.
    3. Return shipments that are sent by Buyer without announcement are refused and returned to Buyer. Buyer is payable for costs of this shipment.
    4. Goods that have already been treated, printed or embroidered can never be accepted back.
    5. Products lacking the original packaging can never be accepted back.
    6. Incomplete, damaged and/or used products can never be accepted back.
    7. Underwear may never be exchanged or returned because of hygienic concerns.
    8. Other personalised products / made to fit work can never be accepted back.
    9. Announced return shipments need to be shipped by Buyer within 5 days after the announcement.

    Return or exchange shipment must be agreed with inSilk on forehand. This, to avoid extra costs charged to the Buyer in case inSilk need to re-sent your unagreed (rejected) return or exchange. Just sending the shipment without agreement does not automatically mean that inSilk will accept the return or exchange. Please contact inSilk to avoid extra costs

  10. Cancellation
    1. If Buyer fails to pay all he owes, or comes to an agreement about this with his creditors or if Buyer is subject to measures that, according to the law that applies to them, can be taken regarding creditors that do not wish to or cannot pay or if Buyer fails to meet any requirements of any contract with inSilk, inSilk is entitled to (as it sees fit):
      • delay shipment of goods to be delivered and/or services and interrupt transport until payment is sufficiently ensured according to its own reasonable opinion and/or
      • delay all its payments and/or
      • retroactively cancel all agreements with Buyer by means of written notice, regardless of rights stated in any agreement with Buyer.
  11. Exerting the right to adjournment, cancellation or rescission by inSilk
    1. If inSilk is of the opinion that if under the circumstances that should have been known to them at the time they are entitled to exert their right to adjournment, cancellation or rescission, inSilk is not required to make any payment to Buyer and definitely not required to pay legal interest if it later turns out they have not exerted said right(s) correctly.
  12. Disputes
    1. Dutch law applies to all agreements to which these General Conditions apply (either in total or partially).
    2. All disputes relating to or caused by the agreements made between parties to which these general Conditions apply, will be presented to an authorised civil judge.
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