TERMS & CONDITIONS
Version valid from: 1 January 2017
Article 1: Definitions
1.1GRAYPANTS EUROPE B.V.: the user of these general terms and conditions. The private company with limited liability GRAYPANTS EUROPE B.V. With its registered office in Amsterdam, The Netherlands and listed in the Chamber of Commerce under file number 54528127.
1.2 Customer: a natural person or legal entity, concluding an Agreement with GRAYPANTS EUROPE B.V..
1.3 Consumer: a Customer as referred to in 1.2, not acting in the course of a profession or business.
1.4 Website of GRAYPANTS EUROPE B.V.: the website of GRAYPANTS EUROPE B.V., accessible, among other things, via www.graypants.com.
1.5 Products: the definition of an article or object in the broadest sense.
1.6 Agreement: a distance agreement where the Customer uses Products at GRAYPANTS EUROPE B.V. via a GRAYPANTS EUROPE B.V.-organized system for sales from a distance and where, up until the moment the agreement is concluded, sole use is made of one or more techniques for communication at a distance.
1.7 Cooling-off period: a term within which a Consumer has the possibility to realize termination of the purchase via the right of withdrawal.
1.8 Right of withdrawal: the possibility for a Consumer to return (a) Product(s) ordered by him, after receipt, to GRAYPANTS EUROPE B.V. within the cooling-off period and to have the purchase amount reimbursed.
Article 2: General provisions
2.1 This is a translation of GRAYPANTS EUROPE B.V.’s Dutch general terms and conditions. In case of a dispute, the Dutch language prevails.
2.2 Provisions in these general conditions that apply to a Customer, will apply mutatis mutandis to a Consumer, unless explicitly stated otherwise.
2.3 These terms and conditions apply to all offers and agreements (at a distance) of GRAYPANTS EUROPE B.V. which are purposed for the sale of Products.
2.4 Any purchasing conditions from the Customer are explicitly rejected and shall not be applicable to agreements concluded with GRAYPANTS EUROPE B.V..
2.5 In the event that one or more provisions in these general terms and conditions, wholly or in part, are null and void or voided, the other general terms and conditions will remain fully in effect.
2.6 In these general terms and conditions the words ‘in writing’ will also be considered to mean documents drafted in writing sent electronically, most certainly including e-mail and documents sent via fax.
2.7 The content of this website and the content of all other statements from GRAYPANTS EUROPE B.V. on the Internet have been compiled with the utmost care. However, GRAYPANTS EUROPE B.V. provides no warranties regarding the nature, correctness or content of this information. GRAYPANTS EUROPE B.V. will not be liable for any errors or inaccuracies that may occur, nor for any consequences resulting from the use of the information in question.
Article 3: Offers
3.1 The Products on the website of GRAYPANTS EUROPE B.V. are offered with Product specifications and the price of the Product in Euros including VAT. Dispatch costs are displayed prior to or during the conclusion of the agreement.
3.2 The Products offered on the website of GRAYPANTS EUROPE B.V. contain as accurate and truthful a description and/or image of the Product offered as possible.
3.3 In the event that the descriptions and/or images as referred to in article 3.2 are different from reality, GRAYPANTS EUROPE B.V. will by no means whatsoever be liable towards the Customer. The Consumer shall at all times retain the right to invoke the Right of withdrawal as provided in article 6.1.
3.4 GRAYPANTS EUROPE B.V. will provide the Customer with information regarding the expected time of delivery of the Product, which term will be merely indicative.
3.5 Any outstanding import duties will at all times be at the expense of the Customer.
Article 4: Concluding an agreement
4.1 Agreements are concluded after the Customer has accepted an offer or tender issued by GRAYPANTS EUROPE B.V. and GRAYPANTS EUROPE B.V. has declared to agree to this acceptance.
4.2 An agreement is also concluded in the event that GRAYPANTS EUROPE B.V. commences the delivery of Products to the Customer after the Customer has placed an order via the website of www.graypants.com
4.3 GRAYPANTS EUROPE B.V. shall at all times be free, without providing reasons for this, not to agree with an offer accepted by Customer. In the event that the Customer has already made a payment to GRAYPANTS EUROPE B.V., the latter will reimburse this amount immediately after the rejection to the Customer.
Article 5: Delivery
5.1 After concluding an agreement, GRAYPANTS EUROPE B.V. will offer the ordered Products for dispatch. The costs of dispatch will be disclosed during the conclusion of an agreement.
5.2 After an agreement is concluded between GRAYPANTS EUROPE B.V. and the Customer, the Products ordered by the Customer will be delivered by GRAYPANTS EUROPE B.V. as soon as possible.
5.3 In the event that GRAYPANTS EUROPE B.V. is not capable of delivering the Product ordered by a Consumer within thirty (30) days, a Consumer may terminate the agreement.
5.4 GRAYPANTS EUROPE B.V. carries risk of delivery until goods are transferred to customer.
Article 6: Returning Products
6.1 After receipt of the Products ordered, the Consumer will have fourteen (14) days to return the goods to GRAYPANTS EUROPE B.V., without giving reasons for this, based on his Right of withdrawal, provided that the Product is unopened and undamaged.
6.2 After receipt of the Product, GRAYPANTS EUROPE B.V. will reimburse the Consumer for the invoice value of the Product, within thirty (30) days.
6.3 In the event that a Consumer invokes his Right of withdrawal, the risk and costs of returning the goods shall be at the expense of the Consumer.
6.4 The Consumer will be obliged to take all appropriate measures to prevent damage to the Product and/or packaging.
6.5 Damaged Products shall never be taken back by GRAYPANTS EUROPE B.V..
6.6 A Consumer may not invoke his Right of withdrawal in the event that the ordered Product has been manufactured in accordance with the personal preferences of the Consumer, or in the event that in accordance with its nature, it cannot be taken back.
Article 7: Guarantee
7.1 The Customer will be obliged to check the delivered Products immediately after receipt. The Customer will be obliged to report any defective Products to GRAYPANTS EUROPE B.V. immediately after discovery and no later than within a term of seven (7) days.
7.2 The Products delivered by GRAYPANTS EUROPE B.V. come with a five (5) year warranty, unless it is expressly stated different.
7.3 In the event that the complaints are declared well-founded by GRAYPANTS EUROPE B.V., the Customer will be offered repairs, a replacement Product or the reimbursement of the invoice value of the Product.
7.4 The Customer will not be entitled to guarantee as referred to in this article in the event that it is established that the defect of the Product is caused through actions of the Customer.
Article 8: Price & Payment
8.1 The Products on the website of GRAYPANTS EUROPE B.V. are offered with Product specifications and the price of the Product in Euros including VAT. Dispatch costs are displayed prior to, or during the conclusion of the agreement.
8.2 All payments must be made in advance. Either by the means provided on the Website or via a prior transfer on the bank account of GRAYPANTS EUROPE B.V..
8.3 Any inaccuracies in the invoicing must be reported directly to GRAYPANTS EUROPE B.V. by the Customer, after which GRAYPANTS EUROPE B.V. will correct the amount.
8.4 Inaccuracies in the invoicing do not release the Customer from any payment obligations or other obligations laid down in these terms and conditions.
8.5 In case of failure on the part of the Customer to fulfill payment in time, apart from the amount outstanding, increased by the statutory (commercial) interest, he will be obliged to also pay the full compensation for extra-judicial and judicial costs of collection, including the fees for lawyers, enforcement agents and debt-collection agencies.
Article 9: Retention of title & intellectual property
9.1 The Products delivered by GRAYPANTS EUROPE B.V. will remain property of GRAYPANTS EUROPE B.V. until the moment that the Customer has properly complied with all obligations arising from the agreement concluded with GRAYPANTS EUROPE B.V..
9.2 In case GRAYPANTS EUROPE B.V. invokes the retention of title, the concluded agreement in question will be deemed terminated, without prejudice to GRAYPANTS EUROPE B.V.’s right to claim compensation of damages, foregone profits and interests.
9.3 The contents of the website of GRAYPANTS EUROPE B.V., including, but not limited to: the texts, images, designs, brands and domain names, are property of GRAYPANTS EUROPE B.V. and are protected by copyrights and intellectual and industrial property rights, existing under applicable laws. Users of the website will not be allowed to reproduce the website or any part thereof, or else make it available without GRAYPANTS EUROPE B.V.’s consent.
Article 10: Force Majeure
10.1 GRAYPANTS EUROPE B.V. will not be obliged to comply with any obligations towards the Customer in the event that it is hampered thereto as a result of a circumstance which may not be attributed to it, nor is at its expense pursuant to the law, a legal act or generally accepted practice.
10.2 During the period of force majeure, GRAYPANTS EUROPE B.V. may suspend the obligations arising from the agreement. In the event that the force majeure lasts longer than a period of thirty (30) days, both the Customer and GRAYPANTS EUROPE B.V. will have the right to terminate the agreement, without any obligation to compensate the damages incurred by the other party.
Article 11: Liability
11.1 In the event that GRAYPANTS EUROPE B.V. is held liable, each liability will be limited to no more than the amount which is remunerated by the applicable insurance contract. If for any reason, no benefit is paid under the applicable insurance contract, the liability of GRAYPANTS EUROPE B.V. is limited to the invoice value of the order.
11.2 GRAYPANTS EUROPE B.V. will only be liable for direct loss. Direct loss is understood to mean exclusively:
• the reasonable costs to determine the cause and the extent of the loss, in so far as determining this pertains to the loss within the meaning of these terms and conditions.
• the reasonable costs, if any, incurred to cause the defective performance from GRAYPANTS EUROPE B.V. to comply with the agreement, to the extent that these may be attributed to GRAYPANTS EUROPE B.V..
• reasonable costs, incurred for preventing or limiting loss, in so far as the Customer demonstrates that these costs have led to limitation of direct loss as referred to in this article.
11.3 GRAYPANTS EUROPE B.V. excludes every liability for indirect loss incurred by use of Products supplied by GRAYPANTS EUROPE B.V., with the exception of situations where the damage may be directly attributed to deliberate intent or gross negligence on the part of GRAYPANTS EUROPE B.V., its board of directors and/or managerial staff.
11.4 GRAYPANTS EUROPE B.V. will in any case never be liable for the following loss items: consequential damage, loss of profits, lost savings and loss due to business interruption.
Article 12: Applicable law and conflicts
12.1 To all legal relationships that GRAYPANTS EUROPE B.V. is party to, Dutch law will apply exclusively. The applicability of the Vienna Sales Convention is excluded.
12.2 GRAYPANTS EUROPE B.V. shall try to respond to any complaints from a Customer concerning Products within fourteen (14) days after the complaint is filed. If GRAYPANTS EUROPE B.V. is not able to respond within the stated time period, GRAYPANTS EUROPE B.V. will inform the Customer of a new time period in which GRAYPANTS EUROPE B.V. will be able to address the complaint.
12.3 The Customer and GRAYPANTS EUROPE B.V. will only then appeal to the Court after having made every effort settle a conflict in joint consultation.
12.4 Unless the rules of mandatory law prescribe otherwise, at first instance the Court of Amsterdam in The Netherlands will legally entitled to take cognizance of the conflicts between GRAYPANTS EUROPE B.V. and the Customer.
If there are any questions regarding these Terms & Conditions, you may contact us using the information below.
Last Edited on 2017-01-20