GENERAL TERMS AND CONDITIONS OBEY CLOTHING EUROPE
ARTICLE 1 - DEFINITIONSThe following definitions apply in these terms and conditions:
- Supplementary agreement: an agreement in which a consumer obtains products via a distance contract, and Obey Clothing Europe or a third party delivers these products in accordance with an agreement between that third party and obeyclothing;
- Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
- Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
- Day: calendar day;
- Digital content: data that are produced and supplied in digital form;
- Durable medium: every means - including emails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
- Distance contract: a contract concluded between Obey Clothing Europe and a consumer within the framework of system organized for the distance sale of products, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
- Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. Obey Clothing Europe is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
- Technique for distance communication: means that can be used for communication regarding the offer made by Obey Clothing Europe and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.
ARTICLE 2 - IDENTITY OF THE TRADEROne 3 Two B.V., having its registered offices in Amsterdam, registered in the Chamber of Commerce under number 53256913, with VAT-number NL850812203B01.
One 3 Two B.V. (Obey Clothing Europe)
1074 BC, Amsterdam
For questions please contact serviceEU@obeyclothing.com.
ARTICLE 3 - APPLICABILITYThese general terms and conditions apply to every offer made by Obey Clothing Europe and to every distance contract that has been realized between Obey Clothing Europe and a consumer.
ARTICLE 4 - THE CONTRACT
- The contract will be concluded at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
- If the consumer has accepted the offer electronically, Obey Clothing Europe will confirm receipt of acceptance of the offer electronically.
- Obey Clothing Europe may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment and other obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives Obey Clothing Europe proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
ARTICLE 5 - RIGHT OF WITHDRAWALUpon delivery of products
- When purchasing products, a consumer has the right to dissolve a contract during a period of 14 days. Obey Clothing Europe is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
- The period stipulated in paragraph 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party.
ARTICLE 6 - CONSUMERS’ OBLIGATIONS DURING THE WITHDRAWAL PERIOD
- During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
- The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in paragraph 1.
ARTICLE 7 - CONSUMERS WHO EXERCISE THEIR RIGHT OF WITHDRAWAL AND THE COSTS INVOLVED
- A consumer who wants to exercise his right of withdrawal shall report this to Obey Clothing Europe, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
- As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, the consumer shall return the product. This is not necessary if Obey Clothing Europe has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
- The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the instructions provided by Obey Clothing Europe.
- The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
- The consumer bears the direct costs of returning the product.
- 6 If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.
ARTICLE 8 - OBEY CLOTHING EUROPE’S OBLIGATIONS IN A CASE OF WITHDRAWAL
- If Obey Clothing Europe makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends confirmation of receipt.
- Obey Clothing Europe reimburses the consumer immediately with all payments, including any delivery costs Obey Clothing Europe charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which Obey Clothing Europe has offered to retrieve the product himself, he can postpone refunding until he has received the product.
- For any reimbursement, Obey Clothing Europe will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
- If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, Obey Clothing Europe does not have to refund the additional costs of the more expensive method.
ARTICLE 9 - PRECLUDING THE RIGHT OF WITHDRAWAL
Obey Clothing Europe can preclude the right of withdrawal for the following products :
- Products whose prices are subject to fluctuations on the financial market over which Obey Clothing Europe has no influence and which can occur within the period of withdrawal;
- Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;
- Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
- Sealed audio/video-recordings and computer apparatus whose seal was broken after delivery;
- The delivery of digital content other than on a material medium, but only if:
- the delivery commenced with the consumer’s explicit prior agreement, and
- the consumer declared that this implied his having lost his right of withdrawal.
ARTICLE 10 - THE PRICE
- Obey Clothing Europe may offer products at variable prices
- Prices stated in offers of products include VAT.
ARTICLE 11 - CONTRACT FULFILMENT AND EXTRA GUARANTEEThe products fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. Only if agreed, Obey Clothing Europe the product is suited for other than normal designation.
ARTICLE 12 - SUPPLY AND IMPLEMENTATION
- Obey Clothing Europe will take the greatest possible care when receiving and implementing orders for products.
- The place of delivery is deemed to be the address that the consumer makes known to Obey Clothing Europe.
- Taking into consideration that which is stated in article  of these general terms and conditions, Obey Clothing Europe will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge.
- Following dissolution in accordance with the previous paragraph, Obey Clothing Europe refunds the consumer within 14 days the sum he had paid excluding the return fee of €6.50.
- The risk of damage and/or loss of products rests upon Obey Clothing Europe up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to Obey Clothing Europe, unless this has explicitly been agreed otherwise.
ARTICLE 13 - PAYMENT
- As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract. 3. The consumer is obliged to report immediately to Obey Clothing Europe any inaccuracies in payment data provided or stated.
- If a consumer fails to fulfill his payment obligation(s) in good time, after Obey Clothing Europe has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfill the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and Obey Clothing Europe has the right to charge its extrajudicial costs of collection he has incurred.
ARTICLE 14 - COMPLAINTS PROCEDURE
- A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to Obey Clothing Europe without delay, in full and with clear descriptions.
- A reply to complaints submitted to Obey Clothing Europe will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then Obey Clothing Europe will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
- The consumer should give Obey Clothing Europe a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.
ARTICLE 15 - DISPUTESContracts entered into between Obey Clothing Europe and a consumer and which are subject to these general terms and conditions are subject only to Dutch law and the courts of Amsterdam have exclusive jurisdiction
ARTICLE 16 - AMENDMENT TO THE GENERAL TERMS AND CONDITIONSAmendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that where amendments apply during the validity of an offer, the stipulation that is most favorable to the consumer will prevail.