Terms and Conditions

Introduction

These terms and conditions apply to all orders placed with Kashmir BV, trading as Blue Barn Jeans. Some articles only apply to the agreement with the consumer and other articles only apply to agreement with legal entities / businesses (B2B). If this is the case, this is explicitly stated. If no explicit mention is made, the article applies to all agreements.

Article 1 - Definitions

For the purposes of these terms and conditions: Entrepreneur: the natural or legal person offering products and/or services to counterparties; Counterparty: consumer(s) as well as legal person(s) who enter into a distance contract with the entrepreneur; Consumentthe natural person not acting in the exercise of a profession or business; Distance agreement: any agreement concluded between the entrepreneur and the other party within the framework of a system organised by the entrepreneur for distance sales or services without the simultaneous physical presence of the entrepreneur and the other party, whereby up to and including the conclusion of the agreement only one or more techniques/media for distance communication is used; Technology for distance communication: means that can be used for the conclusion of an agreement, without the other party and the entrepreneur coming together in the same room at the same time; Reflection period: the period within which the consumer may exercise his right of withdrawal. This reflection period does not apply to legal entities that are the entrepreneur's opposite party. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the reflection period; Day: calendar day (not including the day on which the action/event takes place in the calculation of the time limit) Transaction duration: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time; Durable data storage medium: any means enabling the other party or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 - Identity of the company

Should you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.
Dorpsstraat 88
1901 EN, Castricum, The Netherlands
e-mail: support@bluebarnjeans.com
CoC: 72970324
VAT: NL859304346B01

Article 3 - Applicability of General Terms and Conditions

1. These General Terms and Conditions apply to all offers and all distance contracts concluded between Kashmir B.V. and the other party.

2. Kashmir B.V. does not accept any general terms and conditions of its other party, unless expressly agreed otherwise in writing.

3. Before the agreement is concluded, the text of these general terms and conditions will be made available to the other party. By clicking on the box 'I agree with the general terms and conditions' prior to the conclusion of the remote agreement, the other party confirms to agree with the general terms and conditions and to accept the applicability of these general terms and conditions to the agreement to be concluded. If the distance contract is not concluded, the general conditions prior to the conclusion of the agreement made available and / or handed over.

4. If it is not reasonably possible to make the general terms and conditions available prior to the conclusion of the agreement, it will be indicated before the agreement is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the other party's request.

5. If the agreement is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the agreement is concluded at a distance, be made available to the other party by electronic means in such a way that it can be easily stored by the other party on a durable data carrier and is accessible to the other party for later notification. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the request of the other party.

6. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the third, fourth and fifth paragraphs shall apply respectively, and in the event of conflicting general terms and conditions, the other party may always invoke the applicable provision that is most beneficial to it.

7. These terms and conditions may only be deviated from if the parties have expressly agreed to this in written form.

Article 4a: For consumers only: 

additional conditions relating to the offer.

1. Each offer shall contain such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. In particular, this concerns:

a. The price includes taxes and, where applicable, all additional freight, delivery or postage costs and any other costs or, if these costs cannot reasonably be calculated in advance, the fact that such additional costs may be payable;

b. whether or not the right of withdrawal applies;

c. any costs of delivery;

d. the manner in which the agreement will be concluded and what actions will be necessary for that purpose;

e. the method of payment, delivery or fulfillment of the agreement;

f. the period for accepting the offer, or the period for honouring the price;

g. the level of the fee for distance communication if the cost of using the means of distance communication is calculated on a basis other than the basic rate;

h. whether the agreement will be archived after its completion, and if so, in what way it can be consulted by the other party;

i. the manner in which the consumer can become aware of actions he does not wish to take before the contract is concluded, as well as the manner in which he can rectify these actions before the contract is concluded;

j. a reminder of the existence of the legal guarantee of conformity of the goods;

k. any other languages in which, in addition to Dutch, the agreement may be concluded;

l. the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

m. the minimum duration of the distance contract in the event of an agreement for continuous or periodic delivery of products or services.

Article 5 - The Agreement

1. Subject to the provisions of paragraph 4 and, in the case of consumer transactions, also article 4a, the agreement is concluded at the time of acceptance by the other party of the offer and compliance with the conditions set in that offer.

2. If the consumer has accepted the offer online, the trader will immediately send an electronic confirmation of receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the other party may dissolve the contract.

3. If the agreement is concluded online, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

4. Kashmir B.V. may - within the limits of the law - find out whether the other party can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.

5. An opposing party who concludes several agreements with the entrepreneur can never conclude from this that a long-term agreement arises. Each agreement is entered into separately and ends after fulfilment of both parties or dissolution. The other party cannot derive any rights from entering into several separate agreements.

Article 5a - For consumers only: additional conditions relating to the contract

Kashmir B.V. will include the following information with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:

a. the visiting address of Kashmir B.V. where the consumer can go if he has any complaints;

b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;

c. information on existing after-sales service and warranties;

d. the data included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these data prior to the execution of the agreement;

e. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

f. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal of consumers upon delivery of products

1. When purchasing products at a distance, the consumer has the option of dissolving the contract without giving any reason to dissolve for 30 days. This period commences on the day after receipt of the product by or on behalf of the consumer, or after receipt of the last product if the agreement concerns an order with multiple products that are delivered separately.

2. During this 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 delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. The consumer can make his decision to make use of the right of withdrawal known to the trader by means of

a/ using the model withdrawal form set out in Part B of Annex 1 to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. This form can be downloaded here: Download;

b/ to issue another unequivocal statement in which the consumer declares to withdraw from the contract;

c/ The costs for revocation/return will be for the account of Kashmir B.V.. Products and attached revocation form can be returned to Kashmir B.V.
Dorpsstraat 88
1901 EN, Castricum, The Netherlands
Noord-Holland
The Netherlands

Article 7 - Costs in case of consumer withdrawal

1. If the consumer makes use of his right of withdrawal, at most the costs of returning the goods will be borne by the entrepreneur. If the consumer expressly opts for a particular method of delivery, although the trader has offered a common, generally accepted type of delivery with lower costs, the consumer must bear the cost difference between these two methods of delivery.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal. Unless the trader has offered to collect the products himself, the trader may wait with the refund until he has received all the goods back, or until the consumer has demonstrated that he has returned the goods, whichever is the earliest.

3. The consumer has the obligation to return the products immediately, but at the latest within 14 days after the day on which he has communicated the decision to withdraw from the contract. The consumer shall be liable for any reduction in the value of the products resulting from handling which goes beyond what was necessary to establish the nature, characteristics and functioning of the products.

Article 4a: For consumers only:

Price

1. 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 due to changes in VAT rates.

2. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 8a - Only for legal persons/companies:

Price

1. 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 due to changes in VAT rates.

2. The purchase prices mentioned in the offer of products or services are exclusive of VAT.

Article 9 - Conformity and Warranty

1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations.

2. However, the entrepreneur is not responsible for defects and resulting damage that have occurred after the delivery of the products as a result of inexpert use or lack of care, or that are the result of changes or repairs that the other party or third parties have made to the delivered products.

Article 9a - For consumers only: Conformity and Warranty

1. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer in respect of a breach of the obligations of the entrepreneur against the entrepreneur can assert under the law and / or the remote agreement.

Article 10 - Delivery, fulfillment, dissolution and circumstances beyond one's control

1. Kashmir B.V. will take the greatest possible care in receiving and processing orders for products.

2. The place of delivery shall be the address which the other party has made known to Kashmir B.V.

3. Subject to what is stated in article 4 and for consumers also in article 4a of these general conditions, Kashmir B.V. will accept orders expeditiously but at the latest within 10 days unless a longer delivery period has been agreed.

4.If the delivery period is exceeded, the other party must give the entrepreneur notice of default in writing, whereby a reasonable period for compliance will still be offered. Reasonable period means the original probable delivery time with a maximum of one month. If Kashmir B.V. fails to deliver the purchased product or service within this further period, the other party has the right to dissolve the agreement without judicial intervention.

5. Any shortcoming on the part of the entrepreneur in the fulfilment of his obligations gives the other party the authority to dissolve the agreement in whole or in part, unless the shortcoming - in view of its special nature or minor importance - does not justify this dissolution with its consequences. Insofar as compliance is not permanently or temporarily impossible, the authority to dissolve only arises when the defaulting party is in default.

6. In the event of dissolution in accordance with paragraph 5 of this article, the entrepreneur will refund the amount paid by the other party as soon as possible, but no later than 30 days after dissolution.

7. Force majeure is understood to mean any shortcoming that cannot be attributed to the entrepreneur. Attribution does not take place if the shortcoming is not due to his fault, nor by virtue of law, legal act or generally accepted practice. The entrepreneur shall inform the other party of the force majeure as soon as possible in writing, unless the address of the other party has not been made known to the entrepreneur, nor can it reasonably be known.

8. If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. The costs of any return shipment will be borne by Kashmir B.V.

9. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the other party or a representative designated in advance in writing and announced to the entrepreneur, unless expressly agreed otherwise.

Article 11 - Payment  

1. If an invoice is sent, a payment term of a maximum of fourteen days after receipt of the invoice by the other party shall apply, unless another payment term has been agreed. The other party shall automatically be in default if it has not paid the amount due after the expiry of this payment term.

2. If the other party is in default, the entrepreneur will send him a payment reminder, in which he reminds the other party of his default and in which he still offers him the opportunity to pay the amount due within a period of fourteen days after receipt of this payment reminder.

3. If even then the other party fails to meet its payment obligations, the entrepreneur is entitled to collect the amount due without further notice.

4. When selling products to consumers, a prepayment of 100% may be stipulated in general terms and conditions. When a prepayment has been agreed, the consumer may not assert any rights regarding the implementation of the order or service (s), before the prepayment has been made. The other party is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay. In the event of non-payment by the other party, the entrepreneur has the right, subject to legal restrictions, to charge the other party reasonable costs incurred in advance.

Article 12 Legal and right of retention of title

1. The entrepreneur may reserve ownership of all products supplied by him. The other party does not become the owner of the purchased product until he has paid the purchase price and any excess amount owed in full to the proprietor.

2. The entrepreneur can exercise the right of retention if the other party fails to fulfil a due and payable obligation, unless the failure does not justify this retention.

Article 13 - Statutory interest and extrajudicial costs

1. In the event of late payment of an amount owed, the entrepreneur has the right to charge statutory interest, calculated from the date on which the default commences pursuant to Article 11 of these terms and conditions until the date of payment.  In the case of consumer transactions the lower statutory interest rate applies and in the case of commercial transactions the higher statutory interest rate applies.

2. The extrajudicial costs reasonably incurred by the entrepreneur with a minimum of € 40.00 shall be borne by the other party.

Article 14 - Complaints procedure

1. Kashmir B.V. has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the other party has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notice of receipt and an indication when the other party can expect a more detailed answer.

Article 15 - Privacy

The other party declares to keep all confidential information of entrepreneur or enterprises affiliated to entrepreneur, including business data and financial or technical data, which he has obtained under the agreement, confidential, as well as the name of entrepreneur or enterprises affiliated to entrepreneur in any way for advertising purposes in the broadest sense of the word not to use than after express written permission of entrepreneur. All this under penalty of an immediately payable fine not subject to judicial moderation on behalf of the entrepreneur of € 1,000.00 for each violation and for each day that this violation continues. 

Article 16 - Additional or different provisions

Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Consumer's detriment and must be recorded in writing or in such a way that they can be stored by the Consumer in an accessible manner on a durable data carrier.

1. Dutch law applies to all offers, agreements or resulting agreements with the entrepreneur.

2. The District Court of Amsterdam has exclusive jurisdiction to adjudicate all disputes arising between the entrepreneur and an opposing party. In this context, disputes shall also include those which only one of the parties experiences or considers to be a dispute.

3. If any provision of these general terms and conditions is null and void or annulled, the other provisions will remain in force and the parties will enter into consultation with a view to agreeing a new provision (or provisions) to replace the null and void or annulled provision (s), whereby the purpose and purport of the null and void or annulled provision (s) will be taken into account as much as possible.