Termes & Conditions

Introduction


Textile Center BV is registered with the Chamber of Commerce in ‘s-Hertogenbosch under trade number 73141291 and trades under the names KH Group Holland KleinvakHandel, KurzwarenHolland, KHaberdashery, Kameleon and BIPP Design. 


The general conditions apply to all offers and quotes by, and agreements with, Textile Center BV, hereafter called: “Textile Center” and an “Other Party” to whom Textile Center has declared these general conditions applicable, insofar as the general conditions are not explicitly deviated from in writing by the parties. 


These general conditions also apply to agreements with Textile Center, for which Textile Center is required to contract third parties. 


“Other Party” is understood as any party contracting goods or services from Textile Center. 


The employees of Textile Center and its management can appeal to these general conditions. The applicability of purchase conditions or otherwise of the Other Party is explicitly rejected. 


The part or full invalidity or annulment of one or more provisions of these general conditions in no way affects the ability of the remaining provisions. Textile Center and the Other Party will in that case enter into consultation on the agreement of new provisions to replace the invalid or annulled provisions, whereby the purpose and scope of the original provision is taken into account as much as possible. 


In case of any ambiguity regarding the interpretation of one or more provisions of these general conditions, explanation will take place in line with the spirit of these provisions. 


In case a situation arises between the parties that is not provided for by these general conditions, the situation will be handled in line with the spirit of these general conditions. 


Failure on the part of Textile Center to enforce strict compliance with these general conditions will at no time mean that these provisions are not applicable or that Textile Center has lost any right to demand strict compliance.


Prices


Textile Center at all times reserves the right to change prices without communicating such to the Other Party. Prices stated in sources originating from Textile Center may also deviate from the end prices. Prices stated on the invoice will apply as the end prices. All prices are, unless stated otherwise, quoted exclusive of VAT and other government levies, any costs to be incurred within the context of the agreement, including travel, accommodation, shipping and administration costs. 


All prices on price lists, folders and/or the website are in euro (€), unless explicitly stated otherwise. All quoted prices are based on the price lists applicable at the time of conclusion of the agreement, or later quotations by Textile Center. Textile Center is entitled to charge on any increase in cost price factors that occurs after the conclusion of an agreement. 



Acceptance 


Textile Center is only obliged to make delivery following unconditional acceptance of its offer in writing.


Minimum order value

 

Textile Center reserves the right to refuse any of the first three orders with a value of less than € 500, excluding VAT and shipping costs. Textile Center reserves the right not to accept an order with a value of less than € 100, excluding VAT and shipping costs.


Textile Center reserves the right, on the basis of credit history and risk, to hold the order until the total amount has been paid in full. Textile Center can in that case regard the invoice as pro forma.


Delivery 


Textile Center will at its own election send the (un)paid products by courier or post, unless agreed otherwise with the Other Party. The applicable shipping costs are charged on to the Other Party and are stated on the invoice on the basis of subsequent calculation. On placing the order, the Other Party automatically accepts the payment of shipping costs per package. 


The shown packaging quantities apply as indication only. The Other Party agrees that the invoice is based on the available/delivered quantity/packaging’s and can therefore deviate from the earlier order confirmation. 


Textile Center reserves the right to postpone delivery. If an order has to be delivered in several shipments, the Other Party will be charged separately for each shipment, unless agreed otherwise between the parties. 


If an order cannot be delivered as one shipment, Textile Center will inform the Other Party thereof. 


Textile Center may retain the order until the agreed total amount is paid. Textile Center may retain the order if, for any reason whatsoever, Textile Center is unable to ship the order on time.


Guarantee


A guarantee period of 5 days after delivery applies. Complaints must be made in writing, stating grounds, during that period. No complaints will be accepted after that period. No complaints will be accepted after the processing of goods. If the guarantee provided by Textile Center concerns goods that have been produced by a third party, the guarantee is limited to that given by the producer, unless stated otherwise. Small deviations in quality, colour, size, weight, finish, design, etc., which are acceptable in commercial practice or cannot technically be prevented, do not form valid grounds for complaints. 


Any form of guarantee will lapse if a defect has arisen from inexpert or inappropriate use, incorrect storage or maintenance by the Other Party and/or by third parties or if the Other Party or third parties, without the written permission of Textile Center, have made or tried to make changes to the goods or have attached inappropriate goods thereto. 


The Other Party also loses its right to guarantee if the defect results from circumstances on which Textile Center has no influence, including weather conditions. 


Returns 


Returns are only permitted if explicitly agreed in advance by Textile Center and in accordance with the guarantee provisions. 


Payments 


The signed order serves as an agreement between the parties, whereupon the agent number will serve as reference in the invoice. The invoice will be paid by transfer within fourteen days, unless agreed otherwise with the Other Party. 


In case of late payment, Textile Center is immediately entitled to charge a surcharge of € 40 per order. Following a reminder, the Other Party will owe the extrajudicial collection costs calculated on the basis of the ‘Voorwerk’ report with a minimum of 15% of the invoice amount as compensation to Textile Center. Payment of this compensation is without prejudice to the right of Textile Center to charge the actual collection costs incurred. In case of judicial collection, the Other Party will not only owe the extrajudicial collection costs, but also all reasonable costs incurred by Textile Center for judicial collection. The Other Party will also owe interest of 1% per month or part thereof, calculated from the end of the payment term.


Delivery 


Textile Center does not apply a fixed term for order handling. Textile Center will strive to handle all orders as quickly as possible. Any stated delivery time will be an indication only and not a firm date. 

Shipping costs per package, fabrics and haberdashery as a separate order.

EU Continent (by DPD)

  Shipping costs Additional Fee Outlying areas
Netherlands (NL) € 6,95 € 9,00
Belgium (BE) € 6,95  
Bosnia (BA) € 29,00  
Bulgaria (BG) 1 € 29,00  
Denmark (DK) € 12,95 € 10,00
Germany (DE) € 6,95 € 12,00
Estonia (EE) € 29,00 € 23,00
Finland (FL) € 20,00 € 23,00
France (FR) € 13,95 € 10,00
Greece (GR) 1 € 37,00 € 23,00
Great Britain (GB) € 13,95 € 23,00
Hungary (HU) € 29,00  
Ireland (IE) € 33,00  
Iceland (IS) 1 € 48,00  
Italy (IT) € 19,00 € 19,00
Croatia (HR) 1 € 29,00 € 23,00
Latvia (LV) € 29,00  
Liechtenstein (LI) 1 € 19,00  
Lithuania (LT) € 29,00  
Luxembourg (LU) € 9,95  
Monaco (MC) € 20,00  
Norway (NO) 1 € 24,00 € 72,50
Austria (AT) € 12,95  
Poland (PL) € 16,00  
Portugal (PT) € 26,00 € 55,00
Romania (RO) 1 € 29,00  
Serbia (CS) 1 € 29,00  
Slovenia (SI) € 29,00  
Slovakia (SK) € 29,00  
Spain (ES) € 22,00 € 37,50
Czech Republic (CZ) € 29,00  
Sweden (SE) € 20,00 € 13,00
Switzerland (CH) 1 € 13,95  


Rest of the world

Shipping costs are calculated afterwards.

Cancellation 


Once the invoice has been delivered and/or paid, the order is completed and cannot be cancelled unless Textile Center decides otherwise. 


Retention of title 


As long as the full outstanding invoiced amount has not yet been paid to Textile Center, Textile Center will retain ownership of all delivered and not yet delivered goods and the Other Party is not entitled to encumbered these goods with a right of security or sell them. It is the explicit intention of the parties that the prohibition of the previous sentence applies both under property and contractual law so that the retention of title will, insofar as required, follow the goods. 


Intellectual property rights

 

All products and visual communications, including promotional material and images, released by Textile Center, whether on the Internet or in physical form, are protected by intellectual property rights, such as copyright, model rights or otherwise. All designs are specially made for Textile Center and may not be reproduced or copied in any way. The right to disclose, reproduce and process designs falls exclusively to Textile Center.


Changes to agreement 


Textile Center reserves the right to change, modify or invalidate the agreement at any time. If Textile Center is unable to fulfil the contract of sale, Textile Center is entitled to suspend or dissolve the agreement.


Force majeure 


If Textile Center is unable to deliver due to force majeure, the contract of sale will be suspended or dissolved.


Transfer of risk 


If the buyer deviates from the order method prescribed by Textile Center, the (extra) resulting costs will be charged on to the buyer. 


Applicable law and disputes 


Agreements with Textile Center and any further agreements that ensue therefrom or any other existing or future legal relationship resulting from, for example, but not exclusively, tort, undue payment or unjustified enrichment are governed exclusively by Dutch law. Any disputes ensuing therefrom will in the first instance be submitted exclusively to the competent court of the Court of Oost Brabant in ’s Hertogenbosch or the competent court of the place of residence or establishment of the defendant, such to be determined at the election of Textile Center. 


Filing

 

These general conditions are filed with the court in ’s-Hertogenbosch.

Version:  5.0 (jan 2020)