GENERAL TERMS AND CONDITIONS
8848 ALTITUDE B.V. - GENERAL TERMS AND CONDITIONS FOR THE ONLINE SHOP
1 Definitions
1.1 In these general terms and conditions (the ‘Terms’), the following terms have the following meanings, unless expressly stated otherwise or the context indicates otherwise:
a. Withdrawal period: the period during which the Buyer may exercise the right of withdrawal; b. Order: the Buyer's expressed wish to purchase a product; c. Day: calendar day;
d. Right of withdrawal: the Buyer's option to terminate the distance agreement within the withdrawal period;
e. Buyer: the natural person who acts for purposes outside their business or professional activity and enters into a distance agreement with the Seller;
f. Agreement: the distance agreement concluded between the Buyer and the Seller for the remote sale of products, including any subsequent amendments and additions, whereby one or more means of distance communication are used, in whole or in part, up to the moment the agreement is concluded;
g. Product: the tangible item offered by the Seller on the website;
h. Means of distance communication: a means that can be used to conclude an agreement without the Buyer and Seller being in the same place at the same time;
Seller: the private limited company 8848 Altitude B.V.
Website: the website https://www.8848altitude.com.
2 Identity of the Seller
8848 Altitude B.V., established and with its registered office in Warmond, the Netherlands, user of these General Terms and Conditions; Address: Veerpolder 7, 2361 KX Warmond, the Netherlands
3 Applicability, amendments and validity
3.1 These Terms apply to all orders, agreements, offers, non-contractual obligations and other legal relationships arising from requests or orders placed by the Buyer with the Seller concerning the purchase and sale of Products and/or orders and services supplied by the Seller. The provisions of these Terms have also been drawn up for the benefit of persons involved on behalf of the Seller in the sale and purchase of Products and persons who are liable in connection therewith.
3.2 By entering into an Agreement, the Buyer declares that they have taken note of and agree to the applicability of the Terms to the Agreement.
3.3 These Terms may only be deviated from if this has been expressly agreed in writing, while the remaining provisions of these Terms remain in full force and effect.
3.4 The Seller hereby expressly excludes all general purchasing terms or other general terms and conditions, other than these Terms.
4 Offers
4.1 All offers from the Seller are non-binding and may be withdrawn.
4.2 The offers are valid while supplies last, or for the period stated on the website. Even if an acceptance period applies to an offer, the offer may be withdrawn. Once the validity period of the offer has expired, the offer automatically lapses and the Buyer may no longer use that offer.
4.3 Information, images, and oral communications provided by the Seller by telephone or email, as well as statements regarding applicability in relation to all offers and the main characteristics of the Products, are presented as fully, accurately, and truthfully as possible. However, the Seller cannot guarantee that all Products fully correspond to the information or applicability described. Deviations consisting of ambiguities or obvious errors and/or mistakes in the descriptions and/or images and/or prices are not binding on the Seller and cannot give rise to compensation or cancellation of the Agreement.
5 Agreements
5.1 The Agreement is concluded when the Buyer accepts an offer from the Seller. If the Buyer has accepted the offer electronically, the Seller will immediately confirm receipt of the acceptance of the offer electronically. Until the Seller has confirmed receipt, the Buyer may cancel the Agreement.
5.2 The Buyer and Seller expressly agree that a valid Agreement may be concluded by using electronic means of communication once the conditions in Article 5.1 have been met. In particular, the absence of a handwritten signature does not affect the binding nature of the offer and acceptance.
5.3 The Buyer may not transfer the rights and obligations under an Agreement to third parties without the Seller's written consent.
5.4 If it is not reasonably possible to expect the Seller to fulfill the Agreement, or if performance is otherwise wholly or partially impossible, the Seller will consult with the Buyer to find a solution.
6 Prices
6.1 All stated prices are shown in euros, British pounds, Hungarian forints, Polish zloty, Czech koruna, or Swedish kronor and exclude taxes and/or import duties/surcharges imposed by a government in respect of the Products sold at the time of delivery or export. Taxes, import duties/surcharges, and shipping costs shall be borne by the Buyer.
6.2 If, after the Agreement has been concluded, the prices of materials, taxes, and/or other factors that partly determine the price of the Products change for any reason, the Seller shall be entitled to pass these costs on to the Buyer. In that case, the Buyer shall have the right to cancel the Agreement within five (5) days after the new price has been communicated to them. Cancellation in the manner described above shall not entitle the Buyer to compensation for any loss or damage.
7 Payments
7.1 Orders placed by the Buyer can be paid using various payment methods as shown on the Seller's website.
7.2 For credit card payments, the Seller reserves the right to verify whether the credit card is valid, whether it has a sufficient spending limit to charge the purchase amount, and whether the Buyer's address details are correct. The Seller reserves the right to refuse a credit card purchase.
7.3 If the Buyer fails to pay for one or more orders already delivered, the Seller shall have the right to refuse new orders or attach conditions to the order.
7.4 The Buyer must immediately notify the Seller of any errors or inaccuracies in an invoice, specification, or payment confirmation sent by the Seller to the Buyer.
7.5 In the event of a failed payment, the Seller shall be entitled to terminate the Agreement with immediate effect or suspend delivery or further deliveries until the Buyer has fully fulfilled their payment obligations, including payment of interest and costs.
7.6 If the Buyer fails to fulfill any obligation, fails to do so on time, or fails to do so correctly, the Buyer shall be in default by operation of law without any further notice of default or warning being required, regardless of whether this failure is attributable to the Buyer, and the Seller shall be entitled to terminate the Agreement. In that case, the Buyer shall not be entitled to any compensation and shall owe the Seller the costs, both judicial and extrajudicial, incurred in collecting these amounts. The Buyer shall also owe statutory interest on the amount due.
7.7 All costs incurred by the Seller, both judicial and extrajudicial, in a dispute with the Buyer, whether as claimant or defendant, will be charged to the Buyer. Extrajudicial costs amount to 15% of the amount due, with a minimum of €40 in the applicable currency at the time these costs are incurred.
8 Deliveries and Risk
8.1 The Seller will exercise the utmost care when processing Product orders.
8.2 Orders will be delivered as quickly as possible in the order in which they are received. The Seller will process accepted orders with due dispatch, but within thirty (30) days, unless a different delivery period has been agreed.
8.3 If the delivery period cannot be met due to a delay in delivery resulting from delays in production and/or shipping and/or assembly and/or any other temporary circumstance that impedes performance, or if the accepted order cannot be delivered or can only be delivered in part, the Seller will inform the Buyer of this no later than within thirty (30) days after the relevant order was placed. In that case, the Buyer has the right to terminate the Agreement, after which the Seller will refund the amount already paid by the Buyer to the Buyer as soon as possible, but no later than within fourteen (14) days after the cancellation.
8.4 Deliveries are made to the address provided by the Buyer when entering into the Agreement.
8.5 The risk of damage to or loss of the Products to which the Agreement relates remains with the Seller until delivery to the Buyer, unless expressly agreed otherwise. 8.6 The Buyer is obliged to accept the Products at the agreed location(s) at the time the Seller, or a third party engaged by the Seller, delivers them to the Buyer, or at the time at which they are made available to the Buyer in accordance with the Agreement. If the Buyer fails to do so, the resulting costs, including any shipping costs, will be charged to the Buyer.
9 Exchanges and Right of Withdrawal
9.1 The Buyer may cancel the Agreement within the fourteen (14)-day cooling-off period after delivery of the relevant Product without giving any reason. This right of withdrawal does not apply to Products: manufactured according to the Buyer's specifications, which are not prefabricated and are made based on the Buyer's individual choice or decision, or which are clearly intended for a specific person; which, for reasons of health protection or hygiene, are not suitable for return and whose seal was broken after delivery; which, after delivery, by their nature become irreversibly mixed with other items; and which, by their nature, cannot be returned.
9.2 During the fourteen (14)-day cooling-off period referred to in Article 9.1, the Buyer must handle the Product and packaging with care. The Buyer may only unpack or use the Product to the extent necessary to assess whether they wish to keep it.
9.3 If the Buyer wishes to exercise their right of withdrawal, the Buyer must return the Product, with all accessories supplied and, where reasonably possible, in its original condition and packaging, to the Seller within fourteen (14) days after receiving the Product, using the return form enclosed with the order or the withdrawal form (Appendix 1), to the address stated on these forms. The Buyer must prove that the delivered Product was returned on time, for example by means of a shipping receipt. The risk and burden of proof that the right of withdrawal was exercised correctly and on time therefore lie with the Buyer.
9.4 If the returned Products are damaged, incomplete, or used, this damage or loss will be deducted from the amount that the Seller will pay the Buyer in accordance with Article 9.6.
9.5 If the Buyer cancels the Agreement in accordance with this article, the shipping costs for returning the Product shall be borne by the Buyer. The Buyer may request a cost overview for returns from a parcel carrier.
9.6 In the event of cancellation as described in this article, the Seller shall refund amounts already paid (purchase price plus shipping costs for delivery of the Products) within fourteen (14) days of receiving the returned Products. In the case of a partial return, the shipping costs shall be borne entirely by the Buyer. If the Buyer has chosen a more expensive shipping method than the cheapest standard delivery, the Seller is not obliged to refund the additional costs of the more expensive method.
9.7 If, after the expiry of the fourteen (14)-day cooling-off period, the Buyer has not exercised their right of withdrawal or returned the Product to the Seller, the sale is irrevocable.
10 Warranty and liability
10.1 The Seller guarantees that the Products to be delivered meet the customary requirements and standards that may be imposed on them, are suitable for their intended use, and also comply with the applicable statutory provisions and/or government regulations on the date the Agreement is entered into.
10.2 Statements made by or on behalf of the Seller regarding the quality, composition, application, properties and treatment of the delivered Products constitute a warranty only if the Seller has confirmed them in writing as a warranty.
10.3 The Buyer may only invoke any warranty if the product is used in the proper, prescribed manner. This applies in any event when the Product is used in accordance with the product information for the Product supplied by the Seller.
10.4 The following are not covered by the warranty: Normal wear and tear of clothing. Normal discoloration of neon-colored clothing. Defects caused by improper or intensive use. Excessive sweating. Defects resulting from failure to follow the washing instructions correctly. Defects caused by external influences, such as abrasion, sharp objects and chemicals, as well as discoloration of swimwear due to exposure to the sun and/or sea. Defective water and wind resistance of clothing, unless otherwise stated in the product description on the labels. Items that are physically uncomfortable by design.
10.5 The proof of purchase serves as the warranty certificate.
10.6 The Seller's total liability to the Buyer in connection with late and/or defective performance is limited to the amount paid out to the Seller by a liability insurer and, in the absence of a liability insurer, to the invoice value of the relevant delivery for compensation of direct damage, provided that no more than the invoice amount is compensated, or at least that part of the Agreement to which the liability relates.
10.7 The Seller shall in no event be liable for compensation for indirect damage, including but not limited to losses incurred, delays, damage resulting from acts of the Seller's suppliers, consequential damage (to persons or property), business damage, loss of profit or income, loss of savings, damage caused by business interruption and/or damage resulting from infringement of third parties' intellectual or industrial property rights.
10.8 The Seller shall in no event be liable for failure to perform or untimely performance of the Agreement if this results from incorrect or incomplete information provided by the Buyer.
10.9 Without prejudice to the provisions of this article, the warranty shall lapse if: the Buyer or third parties have made changes to the Product, including repairs without the Seller's or manufacturer's permission; the original invoice or proof of purchase cannot be produced, has been altered, or has been rendered illegible; the defect results from improper use, including failure to follow the washing instructions stated in or on the clothing; the delivered Products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the Seller's instructions and/or those on the packaging or labels; the defect is wholly or partly the result of regulations imposed or to be imposed by the authorities concerning the nature or quality of the materials used; and damage has been caused by intent or gross negligence on the part of the Buyer.
10.10 The exclusions and limitations of liability set out in this article do not apply if the damage or loss is attributable to intent or deliberate recklessness on the part of the Seller or their employees.
11 Complaints
11.1 If, before opening the package containing the ordered Products, the Buyer notices damage to the packaging, the Buyer must contact the Seller immediately. If the Buyer has already opened the package when the Buyer notices the damage, this must be stated on the enclosed return form.
11.2 The Buyer is obliged to inspect, or have inspected, the delivered Products upon delivery to verify their conformity with the Agreement. If it appears that the delivered Product is incorrect, defective, or incomplete, the Buyer must notify the Seller of this as soon as possible, and in any event within 30 (thirty) days after delivery of the Product(s) to the Buyer, in writing and stating the reasons, failing which all rights shall lapse.
11.3 If it is not possible to submit a complaint in writing within the period referred to in Article 11.2, a period of thirty (30) days from the time the defect was discovered or could reasonably have been discovered shall apply.
11.4 Submitting a complaint never releases the Buyer from their payment obligations, nor does it entitle them to suspend their payment obligations.
11.5 Minor deviations in quality, color, size, finish, design, and the like that are customary in the trade or technically unavoidable do not constitute grounds for complaints or cancellation of the Agreement, other than as referred to in Article 9.
11.6 If it is demonstrated that the Products do not comply with the Agreement, the Seller may choose either to take back the Products and replace them with new Products, or to refund all or part of the invoice amount.
12 Retention of title
12.1 All Products delivered to the Buyer remain the Seller's property until all amounts owed by the Buyer for the Products under the Agreement, as well as all amounts owed due to failure to comply with payment obligations, have been paid to the Seller in full.
12.2 In the cases referred to in Article 12.1 in which the Products have remained the Seller's property, the Seller is entitled to take back the delivered Products. Taking back the Products constitutes cancellation of the Agreement concluded with the Buyer. The Buyer is obliged to cooperate with the Seller in having the relevant Products collected from the place where they are located.
12.3 The Buyer is entitled, insofar as necessary in the course of normal business operations, to dispose of the Products subject to retention of title.
12.4 The Product becomes the Buyer's property after full payment.
13 Force majeure
13.1 Without prejudice to its other rights, in the event of force majeure the Seller is not obliged to perform any obligation if it is prevented from doing so by a circumstance that is not attributable to it and for which it is not liable by virtue of the law, a legal act or generally accepted standards. The Seller is entitled, at its own discretion, to suspend its obligations under the Agreement or to cancel the Agreement in writing without judicial intervention and without being obliged to pay compensation, unless this would be unacceptable under the circumstances according to reasonableness and fairness.
13.2 Force majeure exists if the performance of the Seller's obligations towards the Buyer is wholly or partially prevented by a circumstance beyond the Seller's control. This includes, but is not limited to, situations such as strikes, partial or complete immobility, illness among staff, lockouts or staff shortages, epidemics, pandemics, time lost due to winter weather, fire, shortages of raw materials, factory or transport disruptions of any kind, import and/or export bans, regardless of whether these occur at the Seller or its suppliers, war and government measures.
13.3 Under no circumstances is the Buyer entitled to suspend its payment obligation in the event of force majeure.
14 Partial invalidity
14.1 If and insofar as any provision in these Terms and Conditions is declared wholly or partly null and void or otherwise loses its validity, the remaining provision(s) of the Terms and Conditions shall remain fully in force. In that case, the Seller shall establish a new provision to replace (the relevant part of) the provision concerned, while respecting the purpose and intent of the original provision as much as possible.
14.2 In the event of any conflict between provisions in the Agreement and these Terms and Conditions, the provisions in the Agreement shall prevail.
14.3 If at any time the Seller does not strictly comply with the provisions of these Terms and Conditions, this does not mean that the Seller loses any right or waives that right in the future.
15 Intellectual property rights
15.1 The Buyer expressly acknowledges that all intellectual property rights and all information, announcements, and other communications concerning the Products and/or the website belong to the Seller, its suppliers, or other rights holders.
16 Applicable law and disputes
16.1 All rights, obligations, offers, orders, and agreements concluded with the Seller shall be governed exclusively by Dutch law. If and insofar as mandatory statutory provisions of the country in which the Buyer resides provide that the Agreement is governed by the law of that country, the Seller shall respect the applicability of that legal system.
16.2 All disputes between the Buyer and the Seller relating to the Agreement or its performance shall be resolved by the parties through mutual consultation. If and insofar as the dispute cannot be resolved through consultation and the Buyer resides in the Netherlands, the dispute shall be submitted to the competent court within the district where the Buyer resides. If the Buyer resides outside the Netherlands, the Dutch courts shall have jurisdiction unless another court has exclusive jurisdiction under the private international law of the country in which the Buyer resides.
16.3 The Seller is willing, if necessary, to participate in an alternative dispute resolution procedure. For more information about online dispute resolution, the Buyer can click through to the European Commission's ODR platform.
Appendix 1: cancellation / withdrawal form The Buyer may complete this form if he/she wishes to cancel or withdraw from the agreement.
This form can be sent electronically to (customerservice@8848altitude.com) or by post to Veerpolder 7, (2361 KX) Warmond, the Netherlands.
I/we hereby notify you that I/we cancel/withdraw from (*) the contract for the sale and purchase of the following goods:
Ordered on(*) /Received on (*) :
Consumer(s)' name(s):
Consumer(s)' signature(s):
Date:
(*) Delete as applicable.