General Terms and Conditions
Article 1. Definitions
2. The other party shall in these general terms and conditions be referred to as Customer.
Article 2. Applicability of General Terms and Conditions
2. The latest version of these general terms and conditions applies.
3. These conditions also apply to third parties engaged by Saudade Collective in the context of the agreement.
4. Customer’s general terms and conditions are expressly rejected.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or should be declared void, then the remaining provisions in these general terms and conditions remain fully applicable.
Article 3. Offer
2.Images accompanying the products are a truthful representation of the products offered as much as possible. However, all products are (traditionally) made by hand and will be subject to irregularities in dimensions, shape and colour.
3.Saudade Collective cannot be held to its offer if Customer could reasonably understand that the offer, or a part thereof, contains an obvious mistake or error.
Article 4. Agreement
2.Saudade Collective confirms acceptance of the offer by an order confirmation by email.
3.Saudade Collective provides a secure web environment and takes appropriate measures for electronic payment. Customer data will be secured with technical and organizational measures.
Article 5. Rates and Payments
2.Prices of the products stated in the offer will not be increased during the current agreement, except for price changes as a result of changed VAT rates, unless prices of products are subject to fluctuations in the financial market on which Saudade Collective has no influence. Saudade Collective is entitled to increase its prices outside of a current agreement.
3.An order will only be processed after (a down) payment has been made.
Article 6. Provision of Information
2. Customer is responsible for the accuracy, completeness and reliability of the information provided, even if it originates from third parties. Saudade Collective shall treat all data confidentially.
3. Customer indemnifies Saudade Collective against any damage resulting from non-compliance with the provisions of this Article.
Article 7. Right of Withdrawal
2.The cooling-off period starts the day after the Customer has received the product(s).
3.The right of withdrawal does not apply to orders placed by companies.
Article 8. Obligations in Case of Withdrawal
2.Depreciation of the product due to handling contrary to the provisions of paragraph 1 will be borne by Customer.
3.Saudade Collective sends a confirmation of receipt to the Customer after receipt of the withdrawal notification.
4.Saudade Collective reimburses the customer within 14 days after Customer has notified Saudade Collective of the withdrawal.
Article 9. Exercising Right of Withdrawal
2.Within 14 days after the notification as referred to in paragraph 1 of this Article, Customer returns the product in its original condition and packaging.
3.The burden of proof for the correct and timely exercise of the right of withdrawal falls to the Customer. The Customer must be able to show proof of shipment to Saudade Collective and sufficiently stamp the return shipment.
4.The costs of returning the product are at the expense of the Customer.
Article 10. Delivery
2.Saudade Collective is only obliged to deliver in the delivery areas indicated, being Europe.
3.Saudade Collective strives to ship accepted orders within three working days, unless a longer period has been agreed or a product is not in stock.
4.In the event that delivery is delayed, Customer will be notified as soon as possible. In the event that delivery takes longer than 8 weeks, Customer has the right to dissolve the agreement without costs. Saudade Collective will refund the amount paid by Customer within 14 calendar days after dissolution.
Article 11. Liability for Damage
2. Saudade Collective is not liable for damages caused by incorrect or incomplete information provided by or on behalf of the Customer.
3. Saudade Collective is not liable for breakdown of the product if not handled with care.
4. Saudade Collective is not liable for damage caused by incorrect use of the product after giving advice.
5. Saudade Collective is not liable for actions, including delays, caused by third parties such as suppliers.
6. In the event that Saudade Collective owes compensation to Customer, the damage will not exceed the amount invoiced by Saudade Collective to Customer, unless a legal provision requires otherwise.
7. Customer indemnifies Saudade Collective against all claims from third parties related to the products it supplies.
Article 12. Intellectual Property
2.Acting contrary to the provisions of this Article constitutes an infringement of copyrights.
3.In the event of infringement, Saudade Collective will be reimbursed at least three times the regular license fee for such use, without losing any right to compensation for other damage suffered.
4.Ownership of products delivered by Saudade Collective is transferred to Customer after receipt of full payment.
Article 13. Offers and Promotions
2.Discounts only apply when payment is made within the set term. Saudade Collective determines at all times whether the discount has been applied correctly. In case of incorrect application, Saudade Collective reserves the right to cancel the order.
Article 14. Account
2. Customer is personally responsible for his account and login details. Customer must keep his login details to himself. Saudade Collective cannot be held liable for use of an account by unauthorized third parties.
Article 15. Complaints and Warranty
1.Customer is obliged to report complaints about invoices and / or delivered products within 10 calendar days after the complaint has arisen in writing and with reasons.
2. As of February 15, 2016, it is also possible for Customers in the EU to register complaints about physical purchases from the webshop via the ODR platform of the European Commission. Please visit http://ec.europa.eu/odr for more information on the ODR platform. If the complaint is not yet being dealt with elsewhere, Customer is free to file the complaint via the platform of the European Union.
3.Submitting a complaint does not suspend Customer’s payment obligation.
Article 16. Dispute Resolution
2. Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation. All disputes will be settled by the competent court in the district in which Saudade Collective is located, unless a legal obligation stipulates otherwise.
3. Contrary to the legal limitation periods, the limitation period of all claims and defences against Saudade Collective and third parties involved is 12 months.