Shipping and Returns Policy

Customer is hereby requested to carefully read and review this Shipping and Returns Policy as this policy constitutes a valid, effective and binding agreement between buyer and seller.

Article 1: Definitions

1. Sustainable Custom Clothing: Sustainable Custom Clothing, located at Keulsepoort 24, 5911 BZ Venlo, the Netherlands, Chamber of Commerce number 84478365.
2. Customer: the person with whom Sustainable Custom Clothing has entered into an agreement.
3. Parties: Sustainable Custom Clothing and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

Article 2: Applicability of shipping and return policy

1. This Shipping and Returns Policy applies to all work, orders, agreements and deliveries of services or products by or on behalf of Sustainable Custom Clothing.
2. Parties may only deviate from this shipping and return policy if they have expressly agreed to do so in writing.
3. The parties expressly exclude the applicability of any additional and/or deviating general terms and conditions and/or shipping and return policies of the customer or third parties.

Article 3: Consequences of late payment

1. If the customer does not pay within the agreed term, Duurzame Kleding Op Maat is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted as a full month.
2. If the customer is in default, he is also liable to pay extrajudicial collection costs and any compensation to Duurzame Kleding Op Maat.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Duurzame Kleding Op Maat may suspend its obligations until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, seizure or suspension of payments on the part of the customer, Duurzame Kleding Op Maat's claims on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by Sustainable Custom Clothing, he is still obliged to pay the full agreed price to Sustainable Custom Clothing.

Article 4: Right of complaint

1. As soon as the customer is in default, Duurzame Kleding Op Maat is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. Sustainable Custom Clothing invokes the right of complaint by means of a written or electronic communication.
3. Once the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Duurzame Kleding Op Maat, unless the parties make other arrangements in this regard.
4. The costs of retrieving or returning the products will be borne by the customer.

Article 5: Right of withdrawal

1. A consumer can cancel an online purchase within a 30-day reflection period without giving any reason, provided that:

• The product has not been used
• It is not a product that can spoil quickly, such as food or flowers
• It is not a product that has been tailor-made or adapted specifically for the consumer
• It is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
• The seal of the delivered goods is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
• The product is not a journey, transport ticket, catering order or form of leisure activity
• The product is not a loose magazine or loose newspaper
• It does not concern an (order for) emergency repairs
• The consumer has not waived his right of withdrawal

1. The 30-day reflection period referred to in paragraph 1 commences:

• On the day after the consumer has received the last product or part of 1 order
• Once the consumer has received the first product under a subscription
• Once the consumer has purchased a service for the first time
• Once the consumer has confirmed that he will purchase digital content via the internet

1. The consumer can make their right of withdrawal known via info@duurzamekledingopmaat.nl, if desired using the contact form that can be completed via the Duurzame Kleding Op Maat website, www.duurzamekledingopmaat.nl.
2. The consumer is obliged to return the product to Duurzame Kleding Op Maat within 14 days after notification of his right of withdrawal, otherwise his right of withdrawal will lapse.

Article 6: Reimbursement of delivery costs

1. If the consumer has made timely use of his right of withdrawal and as a result has returned the entire order to Duurzame Kleding Op Maat in time, Duurzame Kleding Op Maat will refund any shipping costs paid by the consumer within 14 days of receipt of the timely and fully returned order.
2. Delivery costs will only be borne by Duurzame Kleding Op Maat if the entire order is returned.

Article 7: Reimbursement of return costs

1. If the consumer exercises his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.

Article 8: Right of suspension

1. Unless the Customer is a consumer, the Customer waives the right to suspend the fulfillment of any obligation arising from this Agreement.

Article 9: Right of retention

1. Sustainable Custom Clothing may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices to Sustainable Custom Clothing, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Duurzame Kleding Op Maat.
3. Sustainable Custom Clothing is never liable for any damage that the customer may suffer as a result of exercising its right of retention.

Article 10: Settlement

1. Unless the customer is a consumer, the customer waives his right to offset a debt to Sustainable Custom Clothing with a claim on Sustainable Custom Clothing.

Article 11: Retention of title

1. Sustainable Custom Clothing remains the owner of all delivered products until the customer has fully met all its payment obligations to Sustainable Custom Clothing, including claims for failure to comply with the agreement.
2. Until then, Sustainable Custom Clothing may at any time invoke its retention of title and take back the items.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If Sustainable Custom Clothing invokes its retention of title, the agreement will be deemed terminated and Sustainable Custom Clothing will be entitled to claim damages, lost profits, and interest.

Article 12: Delivery

1. Delivery will take place while stocks last.
2. Delivery will take place at Sustainable Custom Clothing, unless the parties have agreed otherwise.
3. Delivery of products ordered online will take place at the address specified by the customer.
4. If the agreed amounts are not paid or are not paid on time, Duurzame Kleding Op Maat has the right to suspend its obligations until the agreed portion has been paid.
5. In the event of late payment, the creditor is in default, with the result that the customer cannot object to late delivery to Sustainable Custom Clothing.

Article 13: Delivery time

1. The delivery times stated by Duurzame Kleding Op Maat are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Duurzame Kleding Op Maat.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Duurzame Kleding Op Maat cannot deliver within 14 days after written notice to do so or the parties have agreed otherwise.

Article 14: Actual delivery

1. The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Article 15: Delivery and transfer of risk

1. The risk of loss, damage or depreciation of a purchased item passes to the customer at the moment the item is brought into the customer's possession.

Article 16: Transportation costs

1. Transportation costs are borne by the customer, unless the parties have agreed otherwise.

Article 17: Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have a note made of this by the carrier or delivery person before receiving the product, failing which Duurzame Kleding Op Maat cannot be held liable for any damage.
2. If the customer arranges for the transport of a product themselves, they must report any visible damage to products or packaging to Duurzame Kleding Op Maat prior to transport, failing which Duurzame Kleding Op Maat cannot be held liable for any damage.

Article 18: Storage

1. If the customer orders products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs resulting from premature or late collection of products will be borne entirely by the customer.

Article 19: Warranty

1. The warranty with respect to products applies only to defects caused by defective manufacture, construction or material.
2. The warranty does not apply to normal wear and tear and damage resulting from accidents, modifications to the product, negligence or improper use by the customer, or where the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the moment when they are legally and/or actually delivered, or at least come into the possession of the customer or of a third party who receives the product on behalf of the customer.

Article 20: Exchange

1. Exchanging purchased items is only possible if the following conditions are met:

• Exchanges take place within 30 days after purchase upon presentation of the original invoice, the product is returned in the original packaging or with the original (price) tags still attached.
• The product has not yet been used
• Discounted items, non-durable items such as groceries, custom-made items, or items specially adapted to the customer cannot be exchanged.

Article 21: Indemnification

1. The customer indemnifies Sustainable Custom Clothing against all claims from third parties relating to the products and/or services supplied by Sustainable Custom Clothing.

Article 22: Complaints

1. The customer must examine a product or service supplied by Sustainable Custom Clothing as soon as possible for any deficiencies.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Duurzame Kleding Op Maat as soon as possible, but in any case within 30 days of discovering the shortcomings.
3. Consumers must inform Sustainable Custom Clothing within 1 month of discovering any deficiencies.
4. The customer must provide as detailed a description as possible of the deficiency so that Sustainable Custom Clothing can respond appropriately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this cannot in any case lead to Sustainable Custom Clothing being required to perform work other than that agreed upon.

Article 23: Notice of default

1. The customer must notify Duurzame Kleding Op Maat of any default in writing.
2. It is the customer's responsibility to ensure that a notice of default actually reaches Sustainable Custom Clothing (on time).

Article 24: Joint and several liability of the customer

1. If Sustainable Custom Clothing enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to Sustainable Custom Clothing under that agreement.

Article 25: Liability for Sustainable Custom Clothing

1. Sustainable Custom Clothing is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
2. If Sustainable Custom Clothing is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
3. Sustainable Custom Clothing is never liable for indirect damages, such as consequential damages, lost profits, lost savings, or damage to third parties.
4. If Sustainable Custom Clothing is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment of the amount of damages by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, and descriptions on the website or in a catalog are for indicative purposes only and are approximate only. They cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Article 26: Expiration period

1. Any right the customer has to claim compensation from Duurzame Kleding Op Maat expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 27: Right of withdrawal

1. The customer has the right to terminate the agreement if Sustainable Custom Clothing is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.
2. If compliance with the obligations by Sustainable Custom Clothing is permanently or temporarily impossible, dissolution can only take place after Sustainable Custom Clothing is in default.
3. Sustainable Custom Clothing has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill their obligations under the agreement, or if Sustainable Custom Clothing has become aware of circumstances that give them good reason to fear that the customer will not be able to properly fulfill their obligations.

Article 28: Force Majeure

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Sustainable Custom Clothing to fulfil any obligation towards the customer cannot be attributed to Sustainable Custom Clothing in a situation beyond the control of Sustainable Custom Clothing, which prevents the fulfilment of its obligations towards the customer in whole or in part, or which makes it unreasonable to expect the fulfilment of its obligations from Sustainable Custom Clothing.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to –: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, delivery personnel or other third parties; unexpected power, electricity, internet, computer or telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which Sustainable Custom Clothing cannot fulfil one or more obligations to the customer, those obligations will be suspended until Sustainable Custom Clothing can fulfil them again.
4. From the moment a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing in whole or in part.
5. In the event of force majeure, Sustainable Custom Clothing is not liable for any compensation (for damages), even if it derives any benefit from the force majeure situation.

Article 29: Amendment of the agreement

1. If, after the conclusion of the agreement, it appears necessary to change or supplement its content for its implementation, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.

Article 30: Changes to delivery terms

1. Sustainable Custom Clothing is entitled to change or supplement these terms and conditions of delivery.
2. Minor changes may be made at any time.
3. Sustainable Custom Clothing will discuss major content changes with the customer in advance as much as possible.
4. A consumer is entitled to cancel the agreement in the event of a material change to the terms of delivery.

Article 31: Transfer of rights

1. Customer rights arising from an agreement between the parties may not be transferred to third parties without the prior written consent of Duurzame Kleding Op Maat.
2. This provision applies as a clause with property law effect as referred to in Article 3:83, paragraph 2 of the Dutch Civil Code.

Article 32: Consequences of nullity or voidability

1. If one or more provisions of these terms and conditions of delivery prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Sustainable Custom Clothing had in mind when drawing up the conditions on that point.

Article 33: Applicable law and competent court

1. These terms of delivery and any agreement between the parties are exclusively governed by Dutch law.
2. The Dutch court in the district where Duurzame Kleding Op Maat is established has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Article 34: Contact

For questions, product information, or more information about shipping and returns, please contact: Customer Service, info@duurzamekledingopmaat.nl.

Article 35: Applicability of shipping and return policy

This Shipping and Returns Policy is effective January 1, 2025, until further notice.