General terms and conditions
Article 1. Identity of SOPHIC
Article 2. Applicability
Article 3. The offer
Article 4. The agreement
Article 5. Right of withdrawal & costs
Article 6. Exclusion of right of withdrawal
Article 7. The price
Article 8. Conformity and warranty
Article 9. Delivery and execution
Article 10. Payment
Article 11. Complaints scheme
Article 12. Prices / vouchers
Article 13. Ambassadorships
Article 14. Jurisdiction
Article 1. Identity of SOPHIC
SOPHIC
Paul Gabriëlstraat 49
2596 VA The Hague
The Netherlands
Email: webshop@sophic-clothing.com
Chamber of Commerce number: 78420873
VAT identification number: NL823807071B01
Article 2. Applicability
1. These general terms and conditions apply to every offer made by SOPHIC and to every remote contract concluded between SOPHIC and the customer.
2. By concluding the sales contract, the purchaser declares that he agrees to the general terms and conditions as they appear on this website.
Article 3. The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- SOPHIC is entitled to change and amend the offer.
3. The offer contains a complete and accurate description of the products offered. The description is considered to be sufficiently detailed to enable the customer to make a proper assessment of the offer. If SOPHIC makes use of images, these will be a faithful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding for SOPHIC.
4. All images, specifications and data in the offer are indicative, if not a true representation, and can not be a reason for compensation or dissolution of the agreement.
5. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the manner in which the agreement will be concluded and what actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or execution of the agreement;
- the period for acceptance of the offer, or the period for maintaining the price;
- the way in which the customer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, repair it;
Article 4. The agreement
1. The agreement is concluded at the moment of acceptance by the customer of the offer and compliance with the conditions set.
2. If the customer has accepted the offer electronically, SOPHIC will immediately confirm the acceptance of the order electronically. As long as the customer has not received this confirmation, he may dissolve the agreement.
3. If the agreement is concluded electronically, SOPHIC will take appropriate technical and organizational meaures to secure the electronic transfer of data and will ensure a secure web environment. If the customer is able to pay electronically, SOPHIC will take appropriate security measures to this end.
4. SOPHIC is allowed to investigate - within the legal framework - whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote contract. If, based on this investigation, SOPHIC has good grounds for not entering into the agreement, SOPHIC is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.
5. SOPHIC will accompany the product or service to the customer with the following information, in writing or in such a way that the customer can store it in an accessible manner on a durable data carrier:
a. The return address of SOPHIC.
b. The conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about existing after-sales service and guarantees;
d. the data included in article 4 paragraph 3 of these terms and conditions, unless SOPHIC has already provided the customer with these data prior to the execution of the agreement;
6. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
- No products will be delivered outside Europe.
Article 5. Right of withdrawal & costs
1. If the customer exercises his right of withdrawal, he shall notify this within the cooling-off period by means of the withdrawal form which can be found as hard copy in the package of goods received.
2. As soon as possible, but within 14 days from the date of the delivery, the customer shall return the product. The customer shall in any case have complied with the return period if he returns the product before the cooling-off period has expired. During this period, the customer will handle the product and packaging with care. He will only unpack or try the product to the extent necessary to assess whether he wishes to keep the product. If SOPHIC finds that clothing has been worn, washed or is in an unsalable condition, the refund will lapse.
3. If, after the expiry of the periods mentioned in paragraphs 1 and 2 of this article, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to SOPHIC, the purchase is a fact and irrevocable.
4. The customer returns the product with all delivered accessories, in their original condition and packaging, including the label must still be attached to the garment, and in accordance with the reasonable and clear instructions provided by SOPHIC as stated for exchange and/or return.
5. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
The customer bears the direct costs and risk of returning the product. If the product is lost before it reaches us, we will deduct the full cost of the product to the customer.
If the customer has paid an amount, SOPHIC will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition is that the product has already been received back by the merchant or conclusive proof of complete return can be provided.
Article 6. Exclusion of right of withdrawal
1. If the customer does not have a right of withdrawal, this can only be excluded by SOPHIC if SOPHIC has clearly stated this in the offer, at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
- that have been created by SOPHIC in accordance with the customer's specifications
- personalized
- the price of which is linked to fluctuations in the financial market over which SOPHIC has no influence;
- for hygienic purposes(such as jewellery, underwear and swimwear).
Article 7. The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the SOPHIC may offer products or services whose prices are subject to fluctuations in the financial market and on which SOPHIC has no influence, with variable prices. This obligation to fluctuate and the fact that any listed prices are target prices, are mentioned in the offer.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the SOPHIC has stipulated and:
1. they are the result of statutory regulations or provisions; or
2. the customer has the power to terminate the contract as of the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typesetting errors, SOPHIC is not obliged to deliver the product according to the incorrect price.
Article 8. Conformity and warranty
- SOPHIC guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
- A guarantee provided by SOPHIC, manufacturer or importer does not affect the legal rights and claims that the customer can assert against SOPHIC under the agreement.
- The guarantee does not apply if:
1. The customer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
2. The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of SOPHIC and/or have been treated on the packaging;
Article 9. Delivery and execution
- SOPHIC will take the greatest possible care when receiving and executing orders for products.
- The place of delivery will be the address that the customer has provided to SOPHIC.
- With due observance of what is stated in paragraph 4 of this article, SOPHIC will execute accepted orders expeditiously but at the latest within 30 days, unless the customer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be carried out, the customer will be informed of this within 30 days after he has placed the order. In that case, the customer has the right to dissolve the contract free of charge. The customer has no right to compensation.
- All delivery periods are indicative. The customer can not derive any rights from any of these periods. Exceeding a term does not entitle the customer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, SOPHIC will refund the amount paid by the customer as soon as possible, but at the latest within 14 days after dissolution.
- If delivery of an ordered product turns out to be impossible, SOPHIC will make every effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by SOPHIC.
- The risk of damage and / or loss of products rests with the courier up to the time of delivery to the customer or a previously appointed and disclosed to courier representative, unless otherwise expressly agreed.
Article 10. Payment
1. Payment shall be made immediately upon completion of the transfer, by whatever method of payment. Sooner the parcel will not be sent.
2. The customer has the duty to report any inaccuracies in the payment details provided or stated to SOPHIC without delay.
Article 11. Complaints scheme
- Complaints about the execution of the agreement must be submitted to SOPHIC within 24 hours, fully and clearly described, exclusively by e-mail, after the customer has discovered the defects.
2. Complaints submitted to SOPHIC will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, SOPHIC will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the customer can expect a more detailed response.
3. A complaint does not suspend the obligations of SOPHIC, unless SOPHIC indicates otherwise in writing.
4. If a complaint is found to be well-founded by SOPHIC, SOPHIC will, at its discretion, replace or repair the delivered products free of charge.
Article 12. Prices / vouchers
1. If a giveaway is made available by SOPHIC, or third parties, the price can be claimed for 2 months from the day of publication. After this period, the rights will expire and the voucher will NOT be valid anymore.
2.Credit and/or gift vouchers issued by SOPHIC remain valid indefinitely, unless otherwise indicated.
Article 13. Ambassadorships
The terms and conditions regarding an ambassadorship will be determined upon mutual agreement between SOPHIC and the (candidate) ambassador. This mutual agreement will be always in writing.
Article 14. Jurisdiction
1. Agreements between SOPHIC and the customer (even if the customer resides abroad) to which these general terms and conditions apply, are exclusively governed by Dutch law.
2. The Vienna Sales Convention does not apply.