Termini e condizioni

Introduction

Textile Center BV is registered with the Chamber of Commerce in ‘s-Hertogenbosch under trade number 73141291.

The general conditions apply to all (new) offers 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, who has submitted a valid local VAT number to Textile Center before the agreement has been concluded, has been recognized as such by the local tax authorities and registered there in the trade register. 

These general terms and conditions are also written for the employees of Textile Center and its management. The applicability of the conditions 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.

Reprehensibility

Prices

For all prices that are communicated, for example on our website, price lists or brochures (expressed in euros (€)), Textile Center strives for the most accurate possible representation of the final price.
Errors that arise and are recognizable as programming or typing errors never form a reason to claim or assume a contract or agreement with Textile Center. Prices on the final invoice serve as the final price. Unless stated otherwise, all prices are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including in any case travel and accommodation, shipping, banking, customs, packaging and administration costs.

Information

Textile Center strives for a website that is as current and accurate as possible. If, despite these efforts, the information or content is incomplete and / or incorrect, Textile Center cannot accept any liability for this.

The information and / or products on our website are offered without any form of guarantee and / or claim to correctness. Textile Center reserves the right to change, remove or reposition these materials and product information without any prior notice. Textile Center does not accept any liability for any information contained on websites referred to via hyperlinks.

Acceptance

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

Customer levels

Textile Center knows the customer levels Silicon Dioxide, Sand, Stone, Rock, Mountain, Meteorite and Fireball with specific conditions as mentioned below.

Table not found

Net is understood to mean the order value excluding VAT and shipping costs. If the order value is not reached, Textile Center reserves the right not to accept the order or to charge administration costs.

Textile Center reserves the right, based on foreseeable uncertainties or risks, to adjust the customer level, to hold the order, to refuse or to demand (full) advance payment.

Delivery

Responsibility Shipment

Textile Center will have the (un-)paid products shipped by a carrier of Textile Center's choice, unless otherwise agreed with the Other Party. The shipping costs that apply to this will be passed on to the Other Party.

The Other Party is responsible for the transport of orders for which Textile Center has not contracted a carrier.

Textile Center is bound by the conditions of the carrier upon delivery.

Shipping Costs when shipping with Textile Center via DPD in the EU

Country Costs Outlying areas
NL  €                       6,95  €                       9,95
BE  €                       7,95  
BG  €                     29,95  
DE  €                       7,95  €                     12,95
DK  €                     13,95  €                     10,95
EE  €                     29,95  €                     23,95
FI  €                     24,95  €                     23,95
FR  €                     14,95  €                     10,95
GR  €                     37,95  €                     23,95
HU  €                     29,95  
IE  €                     33,95  
IS  €                     47,95  
IT  €                     20,95  €                     19,95
HR  €                     29,95  
LV  €                     29,95  
LI  €                     19,95  
BA  €                     29,95  
LT  €                     29,95  
LU  €                     11,95  
MC  €                     21,95  
NO  €                     27,95  €                     79,95
AT  €                     14,95  
PL  €                     18,95  
RO  €                     29,95  
SI  €                     29,95  
SK  €                     29,95  
ES  €                     24,95  
CZ  €                     29,95  
SE  €                     19,95  €                     14,95
CH  €                     14,95  
PT  €                     26,96  €                     59,95
RS  €                     29,95  


Structure of Shipping costs

Textile Center has two warehouses from which we ship per product category (“Fabrics” and “Haberdashery”). Products are packaged per product category. There is no way to merge them.

Shipping costs are one unit per sealed package.

By placing the order, the Other Party explicitly accepts that it agrees with the construction of shipping costs. When these costs are invoiced, there is no possibility of a refund.

Cash-and-carry
If the Counterparty takes products with him immediately (cash-and-carry), 21% VAT will in any case be calculated on the invoice in order to comply with the Wwft, unless tax legislation allows otherwise.

Product Packaging

When packaging quantities are communicated, this will always be indicative. For technical reasons it is impossible to deliver the exact quantity. The other party agrees to a different delivery with a margin of 40% per ordered product. The quantity actually delivered is registered and invoiced by Textile Center per lot. The Other Party explicitly agrees that the available quantities / packages to be delivered / delivered may deviate from a previous order confirmation. Deviation in quantity is by definition not a basis for complaint.

Postponement of Delivery

Textile Center reserves the right to postpone deliveries. When an order is sent to the Other Party in several parts, for example in the case of a pre-order / subsequent delivery, the shipping costs will be charged again for each part, unless otherwise agreed between the parties. If an order cannot be sent completely, Textile Center will inform the Other Party of this. Textile Center may hold the order longer if the agreed total amount has not been paid in full. Textile Center may hold the order longer if, for whatever reason, the Textile Center does not manage to send the order on time.

Force of the majority

If Textile Center is unable to deliver due to force majeure, the purchase agreement will be postponed or dissolved.

Complaints, Warranty & Returns

Complaints

The warranty applies for a period of 5 days after delivery. Complaints and (in)visible damage (arising upon delivery) must be submitted in writing and with reasons within that period. After this, complaints will not be accepted anymore. No complaints will be accepted after the goods have been processed. If the guarantee provided by Textile Center concerns a good that was produced by a third party, then the guarantee is limited to that provided by the producer of the good, unless stated otherwise.

Any form of guarantee will expire if a defect has arisen as a result of or ensues from injudicious or improper use thereof, incorrect storage or maintenance thereof by the Other Party and / or by third parties if, without the written permission of Textile Center, the Other Party or third parties have made changes or have attempted to make changes to the item, other items have been attached to it that do not need to be attached to it.

The Other Party is also not entitled to a warranty if the defect has arisen due to or is the result of circumstances beyond Textile Center's control, including weather conditions.

Non-conformity

Minor deviations which are considered acceptable in the trade or technically unavoidable in, for example, quality, color, size, weight, finish, design, etc. do not form a basis for complaints. In case of justified complaints, Textile Center has the choice to credit the goods (in the form of a credit) or to repair or replace the goods within thirty days after receipt of the accepted return shipment.

Acceptance

Return shipments are only permitted if they have been expressly approved in advance by Textile Center and the provisions under warranty have been met. Costs arising from this, such as storage and shipping costs, are at the expense of the Other Party.

Right of withdrawal Other Party

The Other Party does not have a right of withdrawal under the EU Consumer Rights Directive 2011/83/EU.

Failed delivery

If a successful delivery of goods cannot take place, due to negligence on the part of the Other Party, additional costs will be charged to the Other Party. The choice for a new shipment is up to Textile Center and will also be charged (again).

Payments

The approved order applies as an agreement between the parties, after which an invoice is drawn up with the invoice number as reference. The invoice will be paid within fourteen days by bank transfer or payment provider (in the case of cash and carry directly by bank or cash), unless otherwise agreed with the Other Party. Any costs for transferring the payment are for the account of the Other Party (OUR).

If the agreed payment term is exceeded, the Other Party is automatically in default. Textile Center is then entitled to compensation of the statutory commercial interest (Article 6: 119a BW) with effect from the day on which payment should have been made. The Other Party is obliged to pay the extrajudicial collection costs that amount to at least 15% of the invoice amount, with a minimum of € 40, by way of compensation for Textile Center. This compensation does not affect the fact that Textile Center is entitled to charge the actual collection costs incurred.

Delivery Terms

Textile Center does not have a fixed term in which an order will be delivered. Textile Center tries to process all orders as quickly as possible. When a delivery date will be discussed, this will always be an indication and not a fixed date.

Termination

When an order has been delivered and the invoice has been paid, the order is hereby completed and cannot be canceled, unless Textile Center decides otherwise.

Retention of Title and Risk Transition

Until the entire amount of the outstanding invoices has been paid to Textile Center, all goods delivered and possibly not yet delivered remain the property of Textile Center. The Other Party is then not permitted to provide these goods as security or to sell them. It is the express intention of the Parties that the latter prohibitions have both contract law and property law effect, so that the retention of title also follows the goods to the extent necessary.

The risk and ownership is transferred to the Other Party at the moment that:

the carrier contracted by Textile Center hands over the goods to the Other Party;

the carrier contracted by the Other Party accepts the goods;

the Other Party accepts the goods upon collection.

In case of an approved return shipment, the risk and ownership remains with the Other Party until the shipment has been handed over to Textile Center.

In case of a non-approved return shipment, the risk and ownership remains with the Other Party.

If the order is not placed via the web shop or sales agent, Textile Center reserves the right to refuse the order or to charge administration costs for the extra work that it entails.

Intellectual property rights

All products and visual expressions including promotional material and images released by Textile Center, both on the internet and in physical form, are protected by any intellectual property right, copyright, design right or otherwise. All designs are specially designed for Textile Center and may not be reproduced, copied or imitated in any way. The right to publish, multiply and edit designs belongs exclusively to Textile Center.

Changes to Agreement

If Textile Center is unable to fulfill the purchase agreement, Textile Center has the right to suspend or dissolve it in the interim.

Applicable Law and Disputes

The agreements with Textile Center and further agreements that may arise from this or any other existing or future legal relationship such as, but not limited to, tort, undue payment or unjust enrichment is exclusively governed by Dutch law. Any disputes arising from this will in the first instance be settled exclusively by the competent court of the Oost-Brabant District Court in ’s-Hertogenbosch or the competent court of the place of residence or place of residence of the defendant, at the discretion of Textile Center.

Filing

These general terms and conditions have been filed with the Court in 's-Hertogenbosch.

 

Version:  6.0 (jan 2021)