General Terms and Conditions

These Terms apply to G&D Originals, trading as Wild Harbour Wear (“Wild Harbour Wear”, “we”, “us”, “our”).

Wild Harbour Wear is a brand operated by G&D Originals,
KvK: 94779120
VAT: NL005108066B47

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: The period during which the consumer can exercise their right of withdrawal.

Consumer: The natural person who is not acting in the course of a profession or business and enters into a distance contract with the seller.

Day: Calendar day.

Continuing performance contract: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

Durable data carrier: Any means that enables the consumer or seller to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.

Seller: The natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: A contract whereby, within the framework of a system organised by the seller for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.

Means of distance communication: A means that can be used to conclude a contract without the consumer and seller being together in the same space at the same time.

General Terms and Conditions: The present General Terms and Conditions of the seller.

Article 2 – Right of withdrawal

The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without giving reasons. During the cooling-off period, the consumer will handle the product and packaging with care.

If the consumer exercises his right of withdrawal, he will return the product with all accessories supplied and, if possible, in its original condition, in accordance with reasonable instructions from the seller.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the seller and to every distance contract and order concluded between the seller and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the seller's premises and will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced immediately by mutual agreement with a provision that approximates the meaning of the original as closely as possible.

Situations not covered by these general terms and conditions must be assessed “in the spirit” of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The seller is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.

If the seller uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the seller.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images accompanying products are a true representation of the products offered. The seller cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

• Any costs of shipping.
• The manner in which the agreement will be concluded and what actions are required for this.
• Whether or not the right of withdrawal applies.
• The method of payment, delivery and performance of the agreement.
• The period for accepting the offer, or the period within which the seller guarantees the price.
• The rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used.
• Whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer.
• The manner in which the consumer can check and, if desired, correct the information provided by him in the context of the agreement before concluding the agreement.
• Any other languages in which, in addition to English, the agreement can be concluded.
• The codes of conduct to which the seller is subject and the manner in which the consumer can consult these codes of conduct electronically.
• The minimum duration of the distance agreement in the case of a continuing performance contract.

Optional: available sizes, colours, types of materials.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the seller shall immediately confirm receipt of acceptance of the offer electronically. As long as the seller has not confirmed receipt of this acceptance, the consumer may terminate the agreement.

If the contract is concluded electronically, the seller shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the seller shall take appropriate security measures.

The seller may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the seller has good reasons not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

The seller shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• The visiting address of the seller's establishment where the consumer can lodge complaints.
• The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
• Information about guarantees and existing after-sales service.
• The information included in Article 4, paragraph 3 of these terms and conditions, unless the seller has already provided this information to the consumer prior to the execution of the agreement.
• The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 30 days.

This cooling-off period commences on the day after the product is received by the consumer or a representative designated in advance by the consumer and announced to the seller.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.

If he exercises his right of withdrawal, he will return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the seller within 30 days of receipt of the product. The consumer must do so by means of a written message or email.

After the consumer has notified the seller of his intention to exercise his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the goods have been returned in time, for example by means of proof of shipment.

If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not notified the seller of their intention to exercise their right of withdrawal and/or has not returned the product to the seller, the purchase is final.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the seller will refund this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received by the seller or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of right of withdrawal
The seller may exclude the consumer's right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the seller has clearly stated this in the offer, at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

• That have been created by the seller in accordance with the consumer's specifications.
• That are clearly personal in nature.
• That cannot be returned due to their nature.
• That can spoil or age quickly.
• Whose price is subject to fluctuations in the financial market over which the seller has no influence.
• For individual newspapers and magazines.
• For media and video recordings and computer software whose seal has been broken by the consumer.
• For hygiene products whose seal has been broken by the consumer.

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the seller may offer products or services whose prices are subject to fluctuations in the financial market and over which the seller has no influence, at variable prices. This sensitivity to fluctuations and the fact that any prices quoted are target prices will be stated in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from three months after the conclusion of the agreement are only permitted if the seller has stipulated this and:

• They are the result of statutory regulations or provisions.
• The consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the seller is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

The seller guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the seller also guarantees that the product is suitable for other than normal use.

A guarantee provided by the seller, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the seller on the basis of the agreement.

Any defects or incorrectly delivered products must be reported to the seller in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The seller's warranty period corresponds to the manufacturer's warranty period. However, the seller is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
• The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the seller and/or on the packaging.
• The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

The seller shall take the greatest possible care when receiving and executing orders for products.

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to compensation.

In the event of termination in accordance with the previous paragraph, the seller shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.

If delivery of an ordered product proves impossible, the seller will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered.

The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the seller.

The risk of damage and/or loss of products rests with the seller until the moment of delivery to the consumer or a representative designated in advance and made known to the seller, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination and renewal 

Termination

The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

• at any time and is not limited to termination at a specific time or in a specific period;
• at least in the same manner as they were entered into by him;
• always with the same notice period as the entrepreneur has stipulated for himself.

Renewal

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

Contrary to the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.

A agreement entered into for a fixed period and covering the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the contract covers the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall automatically end after the trial or introductory period has been purchased.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness preclude termination before the end of the agreed duration.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period as referred to in Article 6, paragraph 1.

In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

The consumer is obliged to report any inaccuracies in the payment details provided or stated to the seller without delay.

In the event of non-payment by the consumer, the seller has the right, subject to legal restrictions, to charge the consumer reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints procedure

Complaints about the performance of the agreement must be submitted to the seller in full and clearly described within seven days after the consumer has discovered the defects.

Complaints submitted to the seller will be answered within a period of 14 days from the date of receipt.

If a complaint requires a foreseeable longer processing time, the seller will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the seller, unless the seller indicates otherwise in writing.

If a complaint is found to be justified by the seller, the seller will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the seller and the consumer to which these general terms and conditions apply shall be governed exclusively by the laws of the Netherlands.

This shall also apply if the consumer resides outside the Netherlands.