ICECREAM BANDITS the enterprise ICECREAM BANDITS, the user of these general terms and conditions
Agreement the agreement between ICECREAM BANDITS and you with regard to one or more items to be delivered by ICECREAM BANDITS
Terms and conditions these general terms and conditions, of which ICECREAM BANDITS is the user and which apply to the agreements between ICECREAM BANDITS and a consumer You the consumer who enters into a distance agreementItem(s)the item/items delivered by ICECREAM BANDITS
Distance agreement an agreement whereby in the context of a system organised by ICECREAM BANDITS for sale at a distance of services/items, up to and including the concluding of the agreement, exclusive use is made of one or more technologies for communication at a distance
Website the internet site http://www.icecreambandits.nl
These terms and conditions apply to all offers, orders and agreements of ICECREAM BANDITS with the exclusion of any other general terms and conditions.
The acceptance of an offer or the placing of an order constitutes the acceptance by you of the applicability of these terms and conditions and the acceptance by you that these form part of the concluded agreement.
Any derogations from these terms and conditions only can be agreed to in writing and only apply with regard to the specific agreement to which the derogations relate.
In addition to these terms and conditions, additional terms and conditions can apply to specific Items if this has been expressly stated.
In the event that these terms and conditions and the agreement contain mutually conflicting provisions, the terms and conditions included in the agreement will apply.
These terms and conditions can be amended at all times. However, amendments of these terms and conditions will only have effect after these amendments have been published on the Website. In the event of applicable amendments during the period of validity of an offer, the provision that is the most favourable for you will apply.
All offers from ICECREAM BANDITS are without obligation and will apply for as long as there is sufficient stock. ICECREAM BANDITS expressly retains the right to change the prices, in particular when this is necessary on the basis of (statutory) regulations.
An agreement will only come into effect after acceptance of the order by ICECREAM BANDITS. ICECREAM BANDITS will be entitled to refuse orders, stating reasons, or to attach special conditions to the delivery, unless expressly determined otherwise. If an order is not accepted ICECREAM BANDITS will report this within ten (10) working days after receipt of the order.
ICECREAM BANDITS retains the right to cancel an order without stating reasons if the order is incomplete and/or incorrectly filled in.
You will be in default by operation of law if you do not fulfil, or do not fulfil in a timely manner, or do not fulfil properly any of your obligations on the basis of the agreement(s) concluded with ICECREAM BANDITS. In that case ICECREAM BANDITS will have the right to unilaterally terminate the agreement wholly or in part, without notice of default and without judicial intervention, by means of notice in writing and without ICECREAM BANDITS becoming liable for any compensation. This is without prejudice to any further rights accruing to ICECREAM BANDITS.
Verbal promises will only bind ICECREAM BANDITS after these have been expressly confirmed in writing. Offers from ICECREAM BANDITS will not also apply automatically to repeat orders.
ICECREAM BANDITS will be entitled to use third parties during the performance of the agreement.
The prices referred to with the Items are in Euros and including VAT unless stated otherwise. The dispatch costs are not included in the prices referred to (unless stated otherwise). Please visit the Website for the dispatch costs.
ICECREAM BANDITS will not be responsible for any import and customs duties in the event that the order must be dispatched to another country than the Netherlands. You must personally pay these costs.
ICECREAM BANDITS cannot be held bound by quotations which are evidently incorrect, for example as a result of an apparent entry error or printing error. Further (payment/order) terms and conditions can be set out for your order. In the event of payment by bank or giro the date of the crediting of the giro or bank account of ICECREAM BANDITS will apply as the date of payment.
Payment can take place by means of (one of) the method(s) as stated during the order process on the Website.
All payment orders will be dealt with by a specialised payment provider. The general terms and conditions of the payment provider concerned will therefore apply to the payment orders.
The invoice will be handed over or dispatched with the delivery. The invoice is also the guarantee certificate.
Payment must take place in any event without reduction or setoff compensation within 14 (fourteen) days after the invoice date, unless otherwise agreed in writing.
In the event of exceeding of the payment term you will be in default from the day on which this payment should have taken place. You will also owe from that day the statutory interest over the outstanding amount per month or part of a month.
In the event that you are in default of payment of an amount owed on the basis of the agreement ICECREAM BANDITS will send a demand letter in which a final payment term of fourteen (14) days will be outlined. The level of the extrajudicial collection costs, which you will irrevocably owe if payment is not forthcoming within this period, will also be stated in this letter. The extrajudicial costs will be calculated in conformity with subsection 4 of Section 96 Book 6 of the Civil Code.
If you are in default of any payment ICECREAM BANDITS will be entitled to suspend or terminate (the performance of) the agreement concerned and the agreements related thereto.
5 Order process and delivery
ICECREAM BANDITS will observe the utmost due care during taking receipt of and the execution of orders.
ICECREAM BANDITS will not be liable for any damage whatsoever arisen on your part or on the part of third parties during, or as a result of, the delivery unless you can demonstrate that the damage is the result of gross negligence, gross recklessness, or intention on the part of ICECREAM BANDITS.
The risk of the Item will transfer to you at the time of delivery.
The delivery location must be described as precisely as possible when ordering Items to be delivered by ICECREAM BANDITS. Unless agreed otherwise the delivery will take place to the address stated by you to ICECREAM BANDITS. If an incorrect address is filled in when ordering Items as a result of which the delivery is dispatched incorrectly the costs ensuing therefrom will be at your expense.
ICECREAM BANDITS strives to deliver in the Netherlands within 1-3 working days. Outside the Netherlands but within Europe you must take a delivery period of at least 3-4 working days into consideration. These delivery periods are only indicative and will never apply as final deadlines. ICECREAM BANDITS can state further information concerning delivery periods on the Website, or make these apparent in another manner. Such information is only for indicative purposes.
Derogating terms and conditions can apply to deliveries abroad.
ICECREAM BANDITS will not be responsible for any delay that occurs during the delivery by PostNL or any other carrier engaged by ICECREAM BANDITS.
Derogations in colour, type, text and/or price changes are subject to reservation.
You must exactly follow the instructions and warnings as set out on the Website and the packaging.
6 Inspection on delivery
You must immediately on delivery inspect whether ICECREAM BANDITS has properly complied with the agreement. You must immediately inform ICECREAM BANDITS in writing as soon as the contrary is evident.
ICECREAM BANDITS is always entitled to replace an earlier inferior delivery by a new proper delivery. This is the case except for when the omissions cannot be remedied.
The performance of the agreement will apply between both parties as proper if you have omitted to conduct the inspection, or if you failed to forward the notification, as referred to in the first paragraph of this article.
The goods and services of ICECREAM BANDITS will apply in any event as proper between parties as soon as you have made use of, if you have modified or processed, delivered to third parties, or have given into use, have had modified or processed or have had delivered to third parties, the delivery or part of the delivery. This is the case unless you have complied with the provisions of the first subclause of this article.
The aforesaid paragraphs do not affect the rights and claims that you can enforce with regard to ICECREAM BANDITS on the basis of consumer legislation related to a failure on the part of ICECREAM BANDITS with regard to the fulfilment of the obligations of ICECREAM BANDITS.
7 Retention of title
The ownership right of the delivery will only transfer if you have paid all that you own to ICECREAM BANDITS on the basis of any agreement.
If the purchased Item has been delivered but has not yet been paid you will not be permitted to hand the delivery to third parties or to make the delivery available to third parties on any legal basis whatsoever, or however described.
8 Right of withdrawal and return consignments
You have the option for non-specified standard Items from the existing product range to terminate the agreement without stating reasons during a period of fourteen (14) days. This period will commence on the day after the receipt of the Item by you, or by a representative appointed by you and notified to ICECREAM BANDITS in advance.
You must treat the Item and packaging with due care during the cooling-off period. This means that you will only unpack or use the Item to the extent and insofar as necessary to be able to assess whether you want to keep the Item.
If you want to rely on your right of withdrawal, you must return the complete order together with all accessories and - if reasonably possible - in the original condition and packaging to ICECREAM BANDITS, in conformity with the reasonable and clear instructions provided by ICECREAM BANDITS.
If you rely on the right of withdrawal, only the costs of returning will be at your expense.
If you have already paid the amount owed, ICECREAM BANDITS will repay this amount to you as soon as possible, but no later than within fourteen (14) days after the return of the order or withdrawal.
Items that have been produced by ICECREAM BANDITS in accordance with your specifications, such as (not intended to be an exhaustive list) after providing a design or specific texts, are excluded from the right of withdrawal.
ICECREAM BANDITS retains the right to refuse returned Items (within or outside the right of withdrawal period of fourteen (14) days), or to only credit a part of the paid amount, if there is the suspicion that the Item has been used, worn, washed, the packaging is damaged (wholly or in part), used or damaged through your fault, or in the event that the original order is no longer complete.
ICECREAM BANDITS will make a model order form available to you for the purpose of the right of withdrawal.
9 Force majeure
Without prejudice to the other rights accruing to ICECREAM BANDITS, in the event of force majeure ICECREAM BANDITS will have the right, at its discretion, to suspend the execution of the order, or as the case may be to terminate the agreement without judicial intervention. In that case you will be informed of this in writing. In this case ICECREAM BANDITS will not be obliged to any compensation, unless this would be unacceptable in the given circumstances according to criteria of reasonableness and fairness.
Force majeure includes in these terms and conditions, in addition to that which is included as to that in the field of law and jurisprudence, all external causes, foreseen or unforeseen, over which ICECREAM BANDITS cannot exercise control, but as a result of which ICECREAM BANDITS is unable to fulfil its obligations. Force majeure also includes the unavailability at any time of a (telecommunication) network or connection or of the communication systems used and/or the unavailability of the Website.
ICECREAM BANDITS guarantees that the delivered Item will comply with the agreement and will fulfil the specifications set out in the offer, which you can expect on the basis of the agreement for normal use.
Any complaints with regard to the Items delivered by ICECREAM BANDITS must be reported in writing to ICECREAM BANDITS within eight (8) days after the delivery.
If the aforesaid reporting has taken place verbally you must confirm this as soon as possible in writing.
Return consignments of Items already delivered by ICECREAM BANDITS will be accepted by ICECREAM BANDITS only after permission in writing from ICECREAM BANDITS. These return consignments will be fully at your expense and risk.
The aforesaid subclauses do not affect the rights and claims that you can enforce with regard to ICECREAM BANDITS on the basis of consumer legislation related to a failure on the part of ICECREAM BANDITS with regard to the fulfilment of the obligations of ICECREAM BANDITS.
All Items have been constituted with the utmost care. However, ICECREAM BANDITS will not be liable for any material or intangible damage, or personal injury, which is the result of incorrect use of the Items sold by ICECREAM BANDITS and/or materials or accessories that have become detached.
ICECREAM BANDITS will not be liable if the damage can be attributed to intention and/or failure to comply with the laundry instructions in the label of the Items.
ICECREAM BANDITS only will be liable for direct damage or loss suffered on your part or on the part of third parties if and insofar as the damage is the direct and immediate result of an attributable failure in the performance of the agreement by ICECREAM BANDITS, or if this is at the risk of ICECREAM BANDITS on the basis of mandatory statutory provisions.
The liability of ICECREAM BANDITS in accordance with the previous subclause is limited to a maximum of the purchase price of the delivered Item, unless the damage is the result of gross negligence, gross recklessness, or as the case may be intention on the part of ICECREAM BANDITS.
Furthermore the liability of ICECREAM BANDITS is in total limited to the amount which is in the case concerned paid under the business liability insurance taken out, plus the amount of the deductible which is not borne by the insurer under the policy conditions.
ICECREAM BANDITS will not be liable for the advice set out on the Website, or for derogations in prices, images and texts of the details included on the Website or in other documentation.
ICECREAM BANDITS will not be liable under any circumstances for any form of indirect damage, also including trading loss and consequential loss, even if ICECREAM BANDITS has been informed of the possible occurrence of such indirect damage.
12 Intellectual property
You must fully and unconditionally respect all intellectual property rights that are vested in the Items delivered by ICECREAM BANDITS.
You expressly acknowledge that all intellectual property rights to the represented information, notifications, or other forms of communication and publicity with regard to the Items and/or the Website, are vested in ICECREAM BANDITS, its suppliers, or other entitled parties.
Printed matter and images of Items are not permitted to be used without permission from ICECREAM BANDITS.
13 Personal data
Personal data is saved in the client system of ICECREAM BANDITS for the processing of the orders.
You have the right to request at any time that ICECREAM BANDITS informs you of which data is present in the data base and to change this data. ICECREAM BANDITS cannot guarantee the security of your personal data, which you have sent through the internet, because there is the possibility that this personal data can be intercepted. ICECREAM BANDITS will not be liable for this.
When you register in the ICECREAM BANDITS Website you will undertake to provide correct information. Providing false information is contrary to the terms and conditions on the Website. The failure to provide details that are requested during the order process and that are necessary for the processing and dispatch of the order, generating invoices and activating the guarantee, will result in the cancellation of the order. This is without prejudice to the right of ICECREAM BANDITS to compensation.
If you provide permission for the processing of your data for the easy processing of new orders and to be able to be informed about offers and other commercial notifications, which ICECREAM BANDITS deems useful for you, your data will be included in a central file of ICECREAM BANDITS and will be used for this. It is only ICECREAM BANDITS who can send an email to you in the context of promotional activities, insofar as you agree to this. You can at all times withdraw your permission or registration, for example for the newsletter. Signing out can be done online by email.
14 Dutch law and disputes
The law of the Netherlands exclusively applies to every agreement concluded by ICECREAM BANDITS. Any applicability of the Vienna Sales Convention is expressly excluded.
Disputes which might arise between parties by reason of the agreement or by reason of other agreements which are the result thereof will be adjudicated by the court with competent jurisdiction on the basis of the law.
15 Location and amendment of terms and conditions
These terms and conditions are filed at the Chamber of Commerce and will be forwarded free of charge by ICECREAM BANDITS upon request. These terms and conditions also can be downloaded and saved through the Website.
The version most recently filed, or the version as this applied at the time of the coming into effect of the agreement always applies. The Dutch text of these terms and conditions is always decisive in the interpretation thereof.
16 Identity of ICECREAM BANDITS
The sole trader ICECREAM BANDITS is established at the KEIZERSGRACHT 119, 1015 CJ AMSTERDAM. ICECREAM BANDITS can be contacted on working days from 09:00 – 18:00 hours at the email address firstname.lastname@example.org. The Ch. of Comm. number is 64325539.
Version April 2017
ICECREAM BANDITS GENERAL TERMS AND CONDITIONS OF CONSUMER SALE