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Terms and Conditions

TERMS AND CONDITIONS

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer may exercise the right of withdrawal.

  • Consumer: a natural person who does not act in the course of a business or professional activity and enters into a distance contract with the trader.

  • Day: calendar day.

  • Ongoing agreement: a distance contract relating to a series of products and/or services, the delivery and/or purchase of which is spread over time.

  • Durable medium: any means enabling the consumer or trader to store information addressed to them personally in a way that allows future retrieval in unchanged form.

  • Right of withdrawal: the ability of the consumer to withdraw from a distance contract within the cooling-off period.

  • Trader: a natural or legal person offering products and/or services to consumers at a distance.

  • Distance contract: a contract concluded within a system organized by the trader for distance selling, using exclusively means of distance communication up to and including the moment of conclusion of the contract.

  • Means of distance communication: a means enabling the conclusion of a contract without the consumer and trader being simultaneously present in the same place.

  • General Terms and Conditions: these General Terms and Conditions of the trader.


Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

  2. Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before conclusion of the contract where the terms can be consulted and that they will be sent free of charge upon request.

  3. If the distance contract is concluded electronically, by way of derogation from paragraph 2, the text of these terms and conditions may be made available to the consumer electronically in a manner that allows easy storage on a durable medium.

  4. If specific terms and conditions also apply in addition to these terms and conditions, paragraphs 2 and 3 apply accordingly, and in the event of a conflict the consumer may rely on the provision most favorable to them.

  5. If one or more provisions of these terms and conditions are or become wholly or partially void or invalid, the remaining provisions of the contract and conditions remain in force, and the relevant provision will be replaced by one that approximates the original as closely as possible.

  6. Situations not covered and any ambiguities in the interpretation of provisions will be assessed and interpreted in accordance with the spirit of these terms and conditions.


Article 4 – The Offer

  1. If an offer has a limited period of validity or is subject to specific conditions, this will be stated explicitly.

  2. The offer is non-binding. The Cloth Standard reserves the right to change and adjust the offer.

  3. The offer contains a complete and accurate description of the products and/or services offered, sufficiently detailed to allow the consumer to make a proper assessment. Images are faithful representations; obvious errors or mistakes are not binding on the trader.

  4. All images, specifications, and data are indicative and cannot form the basis for any claim for damages or termination of the contract. The Cloth Standard does not guarantee that the colors shown accurately reflect the actual colors of the products.

  5. The offer clearly states the rights and obligations associated with acceptance, in particular:
    • the price, excluding customs clearance costs and import VAT (these costs, as well as any charges levied by the postal operator or courier, are borne by the recipient);

    • any shipping costs;

    • the manner in which the contract is concluded and the steps required to do so;

    • whether or not the right of withdrawal applies;

    • the method of payment, delivery and fulfillment;

    • the deadline for accepting the offer or the period during which the price is guaranteed;

    • any surcharge for use of means of distance communication, if different from the standard rate;

    • whether the contract will be archived and how the consumer can access it;

    • how the consumer can check and correct data before concluding the contract;

    • any languages available in addition to English;

    • the codes of conduct to which The Cloth Standard is subject and how to access them electronically;

    • the minimum duration of any ongoing agreement;

    • (optionally) available sizes, colors, and materials.


Article 5 – The Contract

  1. The contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set out therein.

  2. If the consumer accepted the offer electronically, The Cloth Standard will immediately confirm receipt of that acceptance electronically. Until this confirmation is given, the consumer may dissolve the contract.

  3. In the case of an electronically concluded contract, The Cloth Standard will take appropriate technical and organizational measures to secure the electronic transmission of data and will provide a secure online environment. Appropriate security measures are applied for electronic payments.

  4. The Cloth Standard may, within the bounds of the law, verify whether the consumer is able to meet their payment obligations and assess all relevant circumstances. On this basis, The Cloth Standard may refuse an order or attach additional conditions.

  5. The Cloth Standard will provide the following information with the product or service (in paper form or on a durable electronic medium):

    1. a contact address for complaints;

    2. the conditions and manner in which the right of withdrawal may be exercised, or a clear statement that it is excluded;

    3. information on warranties and available after-sales service;

    4. the details referred to in Article 4, paragraph 5 (unless already provided);

    5. the conditions for termination of the contract if it lasts longer than one year or is concluded for an indefinite period.

  6. In the case of an ongoing agreement, paragraph 5 applies only to the first delivery.

  7. Every contract is concluded subject to the condition precedent of availability of the relevant products.


Article 6 – Right of Withdrawal

  1. When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving any reason. This period begins the day after the consumer, or a third party designated by the consumer, receives the product.

  2. During the cooling-off period, the consumer should handle the product and its packaging with care; the product may only be unpacked or used to the extent necessary to assess its nature, characteristics, and functioning. In the event of withdrawal, the consumer returns the product with all accessories, in its original condition and packaging where reasonably possible, in accordance with the reasonable and clear instructions of The Cloth Standard.

  3. The consumer must notify The Cloth Standard of the exercise of the right of withdrawal in writing (by email) within 14 days of receiving the product, and must then return the product within a further 14 days. The consumer must be able to demonstrate timely return, for example by means of proof of postage.

  4. If the consumer does not withdraw or does not return the product within the applicable time limits, the purchase becomes final.


Article 7 – Costs in the Event of Withdrawal

  1. In the event of withdrawal, the costs of returning the goods are borne by the consumer.

  2. Any amounts already paid will be refunded by The Cloth Standard as soon as possible, but no later than 14 days after withdrawal, provided the product has been received or convincing proof of return has been provided.


Article 8 – Exclusion of the Right of Withdrawal

  1. The Cloth Standard may exclude the right of withdrawal for the products or services listed below, provided this has been clearly stated in the offer or at the latest before the conclusion of the contract.

  2. The exclusion applies to products:

    1. made to the consumer's specifications;

    2. clearly of a personal nature;

    3. which by their nature cannot be returned;

    4. that perish quickly or have a limited shelf life;

    5. whose price is subject to fluctuations on the financial market beyond The Cloth Standard's control;

    6. newspapers and magazines;

    7. audio and video recordings and computer software with a broken seal;

    8. hygiene products with a broken seal.

  3. The exclusion applies to services:

    1. relating to accommodation, transport, catering, or leisure activities provided on a specific date or during a specific period;

    2. where performance has begun with the consumer's express consent before the cooling-off period has expired;

    3. relating to betting and lotteries.


Article 9 – Price

  1. During the period of validity of the offer, prices of products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

  2. By way of exception, The Cloth Standard may offer products or services whose prices are subject to fluctuations in the financial market beyond its control; in that case it will be stated that the prices are indicative.

  3. Price increases within 3 months of conclusion of the contract are only permitted as a result of changes in legislation.

  4. Price increases after 3 months are only permitted if reserved and either:
    • they result from legislation; or

    • the consumer has the right to terminate the contract with effect from the date the increase takes effect.
  1. The place of supply is, pursuant to Article 5(1) of the 1968 Turnover Tax Act, the country where transport begins. Delivery takes place outside the EU. Upon import, VAT and/or customs clearance costs are charged to the recipient by the postal operator or courier. The Cloth Standard does not charge VAT.

  2. All prices are subject to printing and typographical errors. The Cloth Standard is not liable for the consequences of such errors and is not obliged to fulfill an order at an incorrect price.


Article 10 – Conformity and Warranty

  1. The Cloth Standard guarantees that products and/or services conform to the contract, the description in the offer, reasonable standards of quality and usability, and the applicable laws and regulations at the time of conclusion of the contract. If agreed, The Cloth Standard also guarantees fitness for use other than normal use.

  2. Any warranty provided by The Cloth Standard, the manufacturer, or the importer does not affect the consumer's statutory rights.

  3. Defects or incorrectly delivered products must be reported in writing within 14 days of delivery. Returns should be made in their original packaging and in new condition.

  4. The warranty period of The Cloth Standard corresponds to the manufacturer's warranty period. The Cloth Standard is not responsible for the suitability of the product for the consumer's individual purposes, nor for any advice given regarding its use.

  5. The warranty lapses if:
    • the consumer has carried out repairs or modifications themselves or had them carried out by third parties;

    • the product has been exposed to abnormal conditions or used contrary to the instructions;

    • the defect is wholly or partly the result of government regulations regarding the type or quality of the materials used.


Article 11 – Delivery and Fulfillment

  1. The Cloth Standard will take the utmost care when receiving and fulfilling orders.

  2. The place of delivery is the address provided by the consumer.

  3. Orders are fulfilled as quickly as possible, but no later than within 30 days, unless a longer period has been agreed. In the event of delay or inability to fulfill, the consumer will be informed within 30 days and has the right to withdraw free of charge and to receive a refund within 14 days.

  4. If delivery of an ordered product turns out to be impossible, The Cloth Standard will make efforts to provide a replacement product. In that case, this will be clearly stated and the return costs are borne by The Cloth Standard.

  5. The risk of damage or loss of the product passes to the consumer at the moment of delivery, unless otherwise agreed.


Article 12 – Ongoing Agreements: Duration, Termination, and Renewal

Termination

  • The consumer may terminate an agreement for an indefinite period at any time, with a maximum notice period of one month.

  • An agreement for a fixed term may be terminated at the end of its term, also with a maximum notice period of one month.

  • The consumer may always terminate the agreements referred to above:
    • at any time;

    • in the same manner in which they were concluded;

    • with the same notice period as that applicable to The Cloth Standard.

Renewal

  • A fixed-term agreement may not be automatically renewed, except for:
    • subscriptions to newspapers and magazines, which may be renewed for a maximum of three months with a one-month notice period;

    • agreements renewed for an indefinite period, which the consumer may terminate at any time with a maximum notice period of one month (or three months if delivery occurs less than once a month).
  • Trial or promotional subscriptions expire automatically at the end of the agreed period.

Duration

  • If an agreement lasts longer than one year, the consumer may terminate it after one year with a maximum notice period of one month, unless the principles of reasonableness and fairness prevent this.


Article 13 – Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be settled within 7 business days of the start of the cooling-off period. In the case of services, the period begins from the date of confirmation of the contract.

  2. The consumer is obliged to promptly report any inaccuracies in payment details.

  3. In the event of default, The Cloth Standard is entitled to charge the consumer reasonable debt collection costs, subject to applicable law.

Article 14 – Complaints Procedure

  1. Complaints about the performance of the contract must be submitted in writing within 7 days of discovery, in a complete and clear manner.

  2. The consumer will receive a response within 14 days of receipt of the complaint. If a complaint requires more time to resolve, the consumer will receive an acknowledgment along with an indication of the expected timeframe.

  3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

  4. Submitting a complaint does not suspend the consumer's obligations, unless The Cloth Standard decides otherwise in writing.

  5. If a complaint is deemed valid, The Cloth Standard will, at its discretion, replace or repair the product free of charge.


Article 15 – Disputes

Dutch law exclusively governs contracts between The Cloth Standard and the consumer to which these terms and conditions apply, even if the consumer resides outside the Netherlands.


Article 16 – CESOP

In connection with measures introduced from 2024 onwards under the amendment to the 1968 Turnover Tax Act (implementing the Payment Services Directive) and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.