Terms and Conditions Investi Design
Private company Investi Design B.V. (hereinafter: Investi Design) is registered with the Chamber of Commerce under number 80218172 and has its registered office at Keizersgracht 482 (1017EG) in Amsterdam.
Article 1 - Definitions
- In these general terms and conditions, the following terms are used in the following sense, unless expressly stated otherwise:
- Offer: Any written offer to the Buyer for the delivery of Products by the Seller to which these terms and conditions are inextricably linked.
- Company: The natural or legal person who acts in the execution of a profession or business.
- Consumer: The natural person who does not act in the execution of a profession or business.
- Buyer: The Company or the Consumer who enters into a (distance) Agreement with the Seller.
- Agreement: The (distance) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from Investi Design.
- Products: The Products offered by Investi Design are exclusive shoes, gold and accessories.
- Seller: The supplier of Products to Buyer, hereinafter: Investi Design.
- These terms and conditions apply to every Offer of Investi Design and every Agreement between Investi Design and a Buyer and to every Product offered by Investi Design.
- Before a (distance) Agreement is concluded, the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, Investi Design will indicate to the Buyer how the Buyer can view the general terms and conditions, which are in any case published on the Investi Design website, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
- In exceptional situations, it is possible to deviate from these general terms and conditions if this has been explicitly agreed in writing with Investi Design.
- These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchase conditions of the Buyer are expressly rejected.
- If one or more provisions of these general terms and conditions are partially or wholly invalid or are invalid, the other provisions of these general terms and conditions will remain in force and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
- Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
- If reference is made to she/her in these general terms and conditions, this should also be construed as a reference to he/him/are, if and insofar as applicable.
- All offers made by Investi Design are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists if it has been laid down in writing.
- The Offer made by Investi Design is without obligation. Investi Design is only bound by the Offer if the Buyer's acceptance thereof is confirmed in writing within 30 days, or if the Buyer has already paid the amount due. Nevertheless, Investi Design has the right to refuse an Agreement with a potential Buyer for any reason justified for Investi Design.
- The Offer contains an accurate description of the offered Product with associated prices. The description is detailed in such a way that the Buyer is able to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Investi Design. Any images and specific data in the Offer are only an indication and cannot be a ground for any compensation or dissolution of the Agreement (remotely). Investi Design cannot guarantee that the colors in the image correspond exactly to the real colors of the Product.
- Delivery times and terms stated in the Offer of Investi Design are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
- A composite quotation does not oblige Investi Design to deliver part of the goods included in the offer or Offer at a part of the stated price.
- If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and on the run-out principle.
Article 4 - Conclusion of the Agreement
- The Agreement is concluded at the moment that the Buyer has accepted an Offer from Investi Design by paying for the relevant Product.
- An Offer can be made by Investi Design via the website.
- If the Buyer has accepted the Offer by concluding an Agreement with Investi Design, Investi Design will confirm the Agreement with the Buyer in writing, at least by email.
- If the acceptance (on minor points) deviates from the Offer, Investi Design is not bound by it.
- Investi Design is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or error.
- The right of withdrawal is excluded for the Buyer being a Company. Buyer, being a Consumer, has the right to exercise its right of withdrawal within the legal term. If withdrawal applies, the Buyer will handle the Product and the packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The direct costs for returning the Product are for the account of the Buyer. Personalized, customized or sale products are non-refundable and cannot be returned. If you have received a defective product or if there are any issues with your custom order, please reach out to our Customer Service via email@example.com.
- The values of precious metals are partly determined by the current gold and silver prices. In order to prevent speculation, gold is excluded from the statutory right of withdrawal regardless of the weight, content and year of issue, unless fluctuations in the quoted prices have little or no influence on the purchase price and provided that Investi Design has given prior written permission for this. The exclusion of the right of withdrawal is expressly stated in the Offer. The total purchase amount will be refunded as soon as Investi Design has carried out a check for the seal of the precious metals and the authenticity of all products.
Article 5 - Performance of the Agreement
- Investi Design will execute the Agreement to the best of its knowledge and ability.
- If and insofar as required for the proper execution of the Agreement, Investi Design has the right to have certain activities performed by third parties at its own discretion.
- The Buyer shall ensure that all information, which Investi Design indicates is necessary or which the Buyer should reasonably understand to be necessary for the execution of the Agreement, is provided to Investi Design in a timely manner. If the information required for the execution of the Agreement has not been provided to Investi Design in time, Investi Design has the right to suspend the execution of the Agreement.
- In the execution of the Agreement, Investi Design is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for Investi Design, the Buyer is obliged to reimburse the additional or additional costs accordingly.
- Investi Design may require security from the Buyer or full payment in advance before proceeding with the execution of the Agreement.
- Investi Design is not liable for damage, of whatever nature, that has arisen because Investi Design has based on incorrect and/or incomplete information provided by the Buyer, unless Investi Design was aware of this inaccuracy or incompleteness.
- The Buyer indemnifies Investi Design against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.
- If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not supplied all the requested information or has not provided it on time, does not provide sufficient cooperation, the (down) payment has not been received on time by Investi Design or by other circumstances beyond the control of Investi Design, if any delay occurs, Investi Design is entitled to a reasonable extension of the (completion) term. All agreed delivery times are never strict deadlines. The buyer must give Investi Design notice of default in writing and give it a reasonable term to still be able to deliver. The buyer is not entitled to any compensation due to the delay that has arisen.
- The buyer is obliged to take delivery of the goods at the time they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
- If the Buyer refuses to accept or is negligent in providing information or instructions that are necessary for the delivery, Investi Design is entitled to store the goods at the expense and risk of the Buyer.
- Shipping costs are included in the price of the Product, but Investi Design is free to charge shipping costs when Products are delivered by Investi Design or an external carrier.
- If Investi Design requires information from the Buyer in the context of the implementation of the Agreement, the delivery time will only commence after the Buyer has made all information necessary for the implementation available to Investi Design.
- If Investi Design has specified a term for delivery, this is indicative. Longer delivery times apply for delivery outside the Netherlands.
- Investi Design is entitled to deliver the goods in parts, unless this has been deviated from by the Agreement or if the partial delivery does not have an independent value. Investi Design is entitled to invoice thus delivered separately.
- Deliveries will only be made if all invoices have been paid, unless expressly agreed otherwise. Investi Design reserves the right to refuse delivery if there is a well-founded fear of non-payment.
- Investi Design or an external carrier is entitled to ask the Buyer to identify himself upon delivery of the Products. If Buyer cannot sufficiently identify itself or does not meet the minimum age requirements, Investi Design or the third party carrier will refuse to deliver the Products to Buyer.
Article 7 - Packaging and transport
- Investi Design undertakes towards the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
- Unless otherwise agreed in writing, all deliveries include turnover tax (VAT), including packaging and packaging material.
- Accepting items without comments or comments on the consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.
Article 8 - Investigation, complaints
- The Buyer, being a Consumer, is obliged to inspect the delivered goods or have them examined at the time of delivery, but in any event within 14 calendar days after receipt of the delivered goods, but only to unpack or use them to the extent that necessary to assess whether it retains the Product. In doing so, the Buyer must investigate whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic. For the Buyer being a company, the return policy is excluded.
- The Buyer is obliged to investigate and inform himself in which way the Product should be used and, in the event of personal use, to test the Product in accordance with the instructions for use. Investi Design disclaims any liability for any misuse of the Product by Buyer.
- Any visible defects or shortcomings must be reported to Investi Design in writing after delivery at firstname.lastname@example.org, after which the Buyer will receive a withdrawal form. Buyer, being a Consumer, has a term of 14 calendar days after delivery for this. Non-visible defects or shortcomings must be reported within 14 calendar days after discovery. In the event of damage to the Product due to careless handling by the Buyer itself, the Buyer is liable for any loss in value of the Product. For the Buyer, being a Company, a term of 3 working days applies.
- If a complaint is submitted in time pursuant to the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only take place with the prior written consent of Investi Design in the manner indicated by Investi Design.
- If the Buyer, being a Consumer, uses his right of withdrawal, the Buyer will return the Product and all accessories, insofar as this is reasonably possible, in its original condition and packaging to Investi Design, in accordance with Investi Design's return instructions. The direct costs for return shipments are for the account and risk of the Buyer.
- Investi Design is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will be made.
- Refunds to the Buyer will be processed as soon as possible, but the refund can take no later than 14 days after receipt of the Buyer's declaration of dissolution. Refunds will be made to the previously specified account number.
- If the Buyer exercises its right to complain, the Buyer, being a Company, has no right to suspend its payment obligation nor to settle outstanding invoices.
- In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to Investi Design, Investi Design will send the missing Product(s) or the remaining order at the request of the Buyer cancel. The confirmation of receipt of the Products is leading in this regard. Any damage suffered by the Buyer as a result of the (deviating) scope of the delivery cannot be recovered from Investi Design.
- During the period of validity of the Offer, the prices of the Products offered will not be increased, unless there are changes in VAT rates.
- The prices stated in the Offer include VAT, unless expressly stated otherwise.
- The prices as stated in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
- In the case of Products or raw materials of which there are price fluctuations in the financial market and on which Investi Design has no influence, Investi Design can offer these Products at variable prices. It is stated in the Offer that the prices are target prices and may fluctuate.
Article 10 - Payment and collection policy
- Payment should preferably be made in advance in the currency in which the invoice was made using the method indicated.
- The buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
- The buyer must make a lump sum payment to the account number and details of Investi Design made known to it. Parties can only agree on a different payment term after explicit and written permission from Investi Design.
- If a periodic payment obligation of the Buyer has been agreed, Investi Design is entitled to adjust the applicable prices and rates in writing with due observance of a term of 3 months.
- In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, Investi Design's claims against the Buyer are immediately due and payable.
- Investi Design has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. Investi Design may, without being in default as a result, refuse an offer of payment if the Buyer designates a different order for the allocation. Investi Design can refuse full repayment of the principal, if the outstanding and current interest as well as the costs are not also paid.
- If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the specified payment term of 14 days, the Buyer being a Company is in default. The Buyer, being a Consumer, will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet his obligations within that term, before they fall into default.
- From the date that the Buyer is in default, Investi Design will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the decision on compensation for extrajudicial collection costs of 1 July 2012.
- If Investi Design has incurred more or higher costs that are reasonably necessary, these costs are eligible for compensation. The judicial and enforcement costs incurred are also for the account of the Buyer.
Article 11 - Retention of title
- All goods delivered by Investi Design remain the property of Investi Design until the Buyer has fulfilled all the following obligations under all Agreements concluded with Investi Design.
- The buyer is not authorized to pledge or encumber the items subject to retention of title in any other way if the ownership has not yet been transferred in full.
- If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Buyer is obliged to inform Investi Design as soon as can reasonably be expected.
- In the event that Investi Design wishes to exercise its property rights referred to in this article, the Buyer already now grants unconditional and irrevocable permission and authorization to Investi Design or third parties to be designated by them to enter all those places where the properties of Investi Design and to take those items back.
- Investi Design has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or issue Investi Design. After the Buyer has still fulfilled its obligations, Investi Design will make every effort to deliver the purchased Products to the Buyer as soon as possible, but at the latest within 20 working days.
- Costs and other (consequential) damage as a result of retaining the purchased Products are for the account and risk of the Buyer and will be reimbursed by the Buyer on first request to Investi Design.
Investi Design guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or reliability and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified Investi Design of this use at the time of entering into the Agreement.
Article 13 - Suspension and dissolution
- Investi Design is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Buyer does not or not fully comply with the (payment) obligations under the Agreement.
- In addition, Investi Design is authorized to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not timely or properly fulfill the obligations that arise for him from any agreement with Investi Design. concluded Agreement.
- Furthermore, Investi Design is authorized to dissolve the Agreement (or have it dissolved) without prior notice of default if circumstances arise that are of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if circumstances otherwise arise which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
- If the Agreement is dissolved, Investi Design's claims against the Buyer are immediately due and payable. When Investi Design suspends the fulfillment of its obligations, it retains its rights under the law and the Agreement.
- Investi Design always reserves the right to claim compensation.
Article 14 - Limitation of liability
- If the execution of the Agreement by Investi Design leads to liability of Investi Design towards the Buyer or third parties, that liability is limited to the costs charged by Investi Design in connection with the Agreement, unless the damage is caused by intent or gross negligence. Investi Design's liability is in any case limited to the maximum amount of damage that is paid out by the insurance company per event per year.
- Investi Design is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage as a result of the use of the delivered Products is excluded. A restriction applies to the Consumer in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
- Investi Design is not liable for and/or obliged to repair damage caused by the use of the Product. Investi Design provides strict maintenance and usage instructions that must be followed by Buyer. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use, use damage, fall damage, light and water damage, theft, loss, etc.).
- Fluctuations in gold prices between purchase and delivery do not affect the price. Investi Design is therefore not responsible and/or liable for exchange rate fluctuations between the moment the agreement is concluded and the delivery of the Products.
- Investi Design is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
- Investi Design is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason.
- Investi Design does not guarantee a correct and complete transmission of the content of an e-mail sent by/on behalf of Investi Design, nor for the timely receipt thereof.
- All claims by the Buyer due to shortcomings on the part of Investi Design will lapse if they have not been reported to Investi Design in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer shall in any case expire one year after the termination of the Agreement.
- Investi Design is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be held to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not attributable to its fault and is not for its account by virtue of the law, legal act or generally accepted standards.
- Force majeure is in any case understood, but is not limited to what is understood in the law and jurisprudence, (i) force majeure of suppliers of Investi Design, (ii) failure to properly fulfill obligations of suppliers are prescribed or recommended to Investi Design, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cyber crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) industrial strikes at Investi Design's business and (xi) other situations that Investi Design believes are beyond its control that temporarily or permanently prevent the fulfillment of its obligations.
- Investi Design has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Investi Design should have fulfilled its obligation.
- During the period that the force majeure continues, the parties can suspend the obligations under the Agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.
- Insofar as Investi Design has partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure, or will be able to fulfill them, and the part fulfilled or to be performed has independent value, Investi Design is entitled to be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.
The risk of loss or damage to the Products that are the subject of the Agreement transfers to the Buyer, being a company, the moment the goods leave the warehouse of Investi Design. For Consumers, the above-mentioned risk will pass to the Buyer if the Products have been provided under the Buyer's control. This is the case if the Products have been delivered to the delivery address of the Buyer.
Article 17 - Intellectual Property Rights
- All intellectual property rights and copyrights of Investi Design rest exclusively with Investi Design and are not transferred to Buyer.
- The Buyer is prohibited from disclosing and/or multiplying, changing or making available to third parties all documents covered by Investi Design's intellectual property rights and copyrights without the express prior written consent of Investi Design. If the Buyer wishes to make changes to items delivered by Investi Design, Investi Design must explicitly agree to the intended changes.
- The Buyer is prohibited from using the Products to which Investi Design's intellectual property rights rest other than as agreed in the Agreement.
Article 18 - Privacy, data processing and security
- Investi Design handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Investi Design will inform the data subject about this.
- If Investi Design is required to provide security for information pursuant to the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.
- If the Buyer is not satisfied with the Products of Investi Design and/or has complaints about the (performance of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but at the latest within 14 calendar days after the relevant reason that led to the complaint. led to a report. Complaints can be reported via email@example.com with the subject “Complaint”.
- The complaint must be sufficiently substantiated and/or explained by the Buyer for Investi Design to be able to handle the complaint.
- Investi Design will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
- The parties will try to reach a solution together.
- Dutch law applies to every Agreement between Investi Design and the Buyer. The applicability of the (CISG) Vienna Sales Convention and the Vienna Sales Convention is expressly excluded.
- In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. Investi Design has the right to unilaterally change these general terms and conditions.
- All disputes arising from or as a result of the Agreement between Investi Design and the Buyer will be settled by the competent court of the Amsterdam court, unless mandatory provisions lead to the jurisdiction of another court.
Amsterdam, 24th of August 2021