Terms and Conditions

These are ID-Streetwear.com’s Terms and Conditions of Sale, Delivery and Payment.ID-Streetwear.com prints and delivers personalized goods to companies or consumers (Both hereinafter referred to as thecustomer) based on a design supplied by the customer or a custom design on our website.ID-Streetwear.com is a trade name of:

Choicentic
Scholekster 17, 3641 TT, Mijdrecht
choicentic@gmail.com
BTW ID: NL004689532B52
registered with the Dutch Chamber of Commerce under number 89087135.
© Version May 2023 ID-Streetwear.com.

1. GENERAL

If these general terms and conditions of sale, delivery and payment (hereinafter general terms and conditions) are referred to in offers or order confirmations fromChoicentic located in Mijdrecht, all these general terms and conditions apply to all offers, quotations, agreements, invoices and deliveries of ID-Streetwear.com powered by Choicentic, unless the parties expressly agree otherwise in writing.
Any deviating stipulation, or addition or amendment to the general terms and conditions is bindingID-Streetwear.com powered by Choicentic only if they have been expressly agreed in writing and for each transaction separately in advance.
These terms and conditions supersede any terms and conditions of the customer, unless these terms and conditions are explicitly stated in writingID-Streetwear.com powered by Choicentic are accepted. A provision in the terms and conditions of the buyer that the terms and conditions ofID-Streetwear.com powered by Choicentic would not apply is expressly not accepted. A general reference by the customer to its terms and conditions is accepted byID-Streetwear.com powered by Choicentic expressly rejected.
ID-Streetwear.com powered by Choicentic reserves the right to adjust or supplement its general terms and conditions at any time, if and insofar as changed circumstances necessitate such an adjustment.justifies.

2. OFFERS

All offers, in whatever form, are bindingID-Streetwear.com powered by Choicentic not. An agreement betweenID-Streetwear.com powered by Choicentic and the customer only comes about ifID-Streetwear.com powered by Choicentic has confirmed an order or assignment from the customer in writing.

3. PRICES

All prices stated in the agreement are exclusive of sales tax, unless expressly statedindicated that sales tax is included in the price.
All prices stated in the agreement are exclusive of packaging costs, transport costs, shipping costs and government levies, unless stated otherwise.
All prices are for delivery “ex warehouse” and are based on the purchase prices, exchange rates, wages, taxes, freights, etc. existing at the time of the order confirmation.ID-Streetwear.com powered by Choicentic is entitled to increase the agreed prices accordingly, with due observance of any applicable statutory regulations and reasonableness and fairness, even if the cost-increasing circumstances were foreseeable at the time of order. IfID-Streetwear.com powered by Choicentic proceeds to a price increase within three months after the conclusion of the agreement, the customer has the right to dissolve the agreement, provided this is done in writing within 8 days after notification of the price change.
For deliveries, handling costs may also be charged in addition to the shipping costs.

4. DELIVERY

Delivery is made “ex production location or warehouse” (“EXW”), which means thatID-Streetwear.com powered by Choicentic has no obligation to ship the goods and that the customer bears all risks of damage to or loss of the goods from the moment the goods reach the production site or warehouse ofID-Streetwear.com powered by Choicentic have left, even ifID-Streetwear.com powered by Choicentic sends the goods to the customer at the request of the customer. The first sentence does not apply if:

i. the customer is a consumer as referred to in Article 7:5 of the Dutch Civil Code; or
ii. parties agree in writing that the goods will be delivered by a place in the Netherlands to be designated by the customerID-Streetwear.com powered by Choicentic.
ID-Streetwear.com powered by Choicentic is entitled to deliver 5% of the order over or under without the receiving party being able to object to this. The aforementioned deviation may occur due to overproduction or loss of production.
The minimum number of unprinted products to be delivered is 50 pieces. If the customer, for example due to an error in the websiteID-Streetwear.com powered by Choicentic, can order fewer products than the minimum order quantityID-Streetwear.com powered by Choicentic not obliged to provide it.ID-Streetwear.com powered by Choicentic in that case, refund the amount paid by the customer.
ID-Streetwear.com powered by Choicentic may deliver the customer’s order (or have it delivered) in parts. IfID-Streetwear.com powered by Choicentic chooses to do soID-Streetwear.com powered by Choicentic notify the customer as soon as possible.
The customer is obliged to accept the ordered products upon delivery. If the customer refuses to accept the delivered goods, the costs for additional delivery, storage and safekeeping will be borne by the customer.
An agreed delivery term always applies as a target term and not as a deadline.

5. REVIEW PERIOD/RIGHT OF WITHDRAWAL

The customer cannot dissolve the purchase. Even if the customer is a consumer as referred to in Article 7:5 of the Dutch Civil Code, the right to dissolution (withdrawal period) excepted for the customer, sinceID-Streetwear.com powered by Choicentic supplies goods as referred to in Article 6:230p, sub f under 1, for which the right to dissolution is excluded.

6. PAYMENT.

Except in the event that prepayment or cash payment or delivery cash on delivery has been stipulated, payment of byID-Streetwear.com powered by Choicentic sent to the customer or invoices must be submitted within 14 days of the invoice date. This payment term is a deadline. However, payment must be made with written proof before the goods in question go throughID-Streetwear.com powered by Choicentic is delivered.ID-Streetwear.com powered by Choicentic is entitled to demand full payment in advance from a customer.
In the event of payment by a third party (for example: a sponsor), it does not release the customer from the payment obligation within the period of 14 days. Payment must be made, without set-off, deduction of any discount or set-off, in cash or by transfer to a bankID-Streetwear.com powered by Choicentic designated bank or giro account. This is optionalID-Streetwear.com powered by Choicentic. The customer is not entitled to invoke suspension.
If you do not meet the payment termsID-Streetwear.com powered by Choicentic has the right to charge the customer an interest payment of 5% over the entire invoice amount due in addition to the statutory interest due, over the period in which the customer is in default.
All actual judicial costs (including all costs charged by advisers, lawyers and external experts) and extrajudicial costs thatID-Streetwear.com powered by Choicentic must reasonably make to enforce compliance with these terms and conditions and the agreement(s) in which reference is made to these terms and conditions.ID-Streetwear.com powered by Choicentic in that case is entitled to reimbursement of extrajudicial collection costs in accordance with the Extrajudicial Collection Costs Standards Act and are calculated as follows:

7. RIGHT OF ADVERTISING.

Customers must check the delivered goods immediately after delivery for immediately observable defects. Without prejudice to the provisions of art. 9 regarding the risk ofID-Streetwear.com powered by Choicentic upon transfer of delivered goods and services, complaints about immediately observable defects will be submitted by the customer in writing (including: via e-mail) within 8 days after delivery.ID-Streetwear.com powered by Choicentic must have been received. In doing so, the customer must provide an accurate statement of the nature and grounds of the complaint and of the relevant invoice.
Unless the defects can reasonably only be discovered after the said period for complaints, the right to complain lapses if the customer has not complied with paragraph A) of this article. If a defect can reasonably only be detected after the period for complaints referred to in paragraph A) of this article, the customer must make this defect plausible and in any case within 8 days after the defect has been detected (or could reasonably have been detected), on the manner as stated in paragraph A).ID-Streetwear.com powered by Choicentic to report.
Complaints do not entitle the customer to suspend his payment obligation.
With regard to complaints, each partial delivery is regarded as a separate delivery.

8. RETENTION OF TITLE.

ID-Streetwear.com powered by Choicentic reserves the ownership of all goods delivered by it to the customer under any agreement and goods still to be delivered until the purchase price for all these goods under any agreement has been paid in full. IfID-Streetwear.com powered by Choicentic within the framework of this agreement(s) performs or will perform work for the benefit of the customer to be reimbursed by the customer, the aforementioned retention of title applies until the customer also pays these claims ofID-Streetwear.com powered by Choicentic fully satisfied. The retention of title also applies to the claims, whichID-Streetwear.com powered by Choicentic against the customer due to the failure of the customer in one or more of its obligations under the agreements referred to aboveID-Streetwear.com powered by Choicentic. In the event of non-payment or late payment or if suspension of payment or bankruptcy has been filed, the customer is obliged to immediately return the unpaid goods toID-Streetwear.com powered by Choicenticunless otherwise agreed in writing.
If third parties (i) seize the products delivered under retention of title or (ii) wish to establish or enforce rights thereon, the customer will immediatelyID-Streetwear.com powered by Choicentic inform thereof.
The customer is obliged to treat the goods delivered under retention of title with due care and as recognizable property ofID-Streetwear.com powered by Choicentic to preserve. The customer is obliged to insure the goods for the duration of the retention of title against fire, explosion and water damage as well as against theft and to provide a copy of the policies of these insurance policies and proof of payment of the premium due at the first request of the buyer.ID-Streetwear.com powered by Choicentic OnID-Streetwear.com powered by Choicentic to provide.
The customer is entitled to theID-Streetwear.com powered by Choicentic to use the delivered goods, which are subject to retention of title, in the normal course of his business. There is no question of normal business operations within the meaning of this article if the customer is in suspension of payment or is in a state of bankruptcy. The doorID-Streetwear.com powered by Choicentic designs made, including in any case (i) the images and other designs designed specifically for the customer or (ii) the images that are standard on the website ofID-Streetwear.com powered by Choicentic are offered for use in the designs to be supplied by the customer (together with films and prints on the website ofID-Streetwear.com powered by Choicentic) intellectual property ofID-Streetwear.com powered by Choicenticunless otherwise agreed in writing. They may not be used separately by the customer for purposes other than those agreed in writing.
If the customer with the fulfillment of his payment obligations towardsID-Streetwear.com powered by Choicentic deficient orID-Streetwear.com powered by Choicentic has good reason to fear that he will fail in those obligationsID-Streetwear.com powered by Choicentic entitled to take back the goods delivered under retention of title on its own authority and without any liability towards the customer. Customer grantsID-Streetwear.com powered by Choicentic and its employees are given permission in advance to enter the customer’s sites and buildings to take back the goods. This applies without prejudice to the right ofID-Streetwear.com powered by Choicentic to compensation for damage, loss of profit and interest and the right to dissolve the agreement without further notice of default, by means of a written notice.

9. RISK.

Regardless of what’s in betweenID-Streetwear.com powered by Choicentic and the customer has agreed on the costs of transport and insurance, the goods remain at the risk ofID-Streetwear.com powered by Choicentic until the time they change the business address ofID-Streetwear.com powered by Choicentic have left. From that time, the goods will be at the expense and risk of the customer.
The customer will be subject to retention of titleID-Streetwear.com powered by Choicentic insure falling goods against normal business risks from the moment of the transfer of risk.
Unless agreed otherwise, goods offered for processing by the customer are delivered at its own expense and risk with regard to storage and processing in any form whatsoever. In the event of faulty processing, a maximum of 5% of the piece goods can be regarded as failure, unless agreed otherwise, withoutID-Streetwear.com powered by Choicentic is liable for the costs.

10. LIABILITY.

The liability ofID-Streetwear.com powered by Choicentic is expressly limited to the provisions of art. 11, except if there is also damage as a result of intent or gross negligence on the part ofID-Streetwear.com powered by Choicentic.
ID-Streetwear.com powered by Choicentic is never liable for any “further” damage, including consequential damage and damage of third parties andID-Streetwear.com powered by Choicentic is therefore not obliged to pay compensation for trading loss, loss of profit, damage as a result of personal accidents, damage resulting from claims of third parties against the customer or any other damage whatsoever.
Should the exclusion of liability in Article 10 under A and/or B fail, the compensation will be limited to once the invoice amount (excluding VAT) for the work from which the liability arises, at least in connection with which the liability arose. The compensation for the damage is in any case limited to the amount covered by the liability insuranceID-Streetwear.com powered by Choicentic is paid out, where appropriate, plus the amount of the deductible that is for the account of the insured under the applicable insurance contract in the relevant case.ID-Streetwear.com powered by Choicentic comes.
The buyer indemnifiesID-Streetwear.com powered by Choicentic with regard to all claims of third parties, expressly including claims under rights of (intellectual) property, related to theID-Streetwear.com powered by Choicentic goods delivered to the customer (as further set out in art. 15.

11. WARRANTY.

IfID-Streetwear.com powered by Choicentic an advertisement is justifiedID-Streetwear.com powered by Choicentic at its option either pay compensation up to a maximum of the invoice value of the relevant contract goods, or replace the relevant contract goods free of charge. This provision does not apply if the customer has delivered the goods himself for processing. Then that appliesID-Streetwear.com powered by Choicentic grants reasonable compensation in relation to the performance required of it.

12. DEVIATIONS OF FORM AND OF TECHNICAL NATURE.

ID-Streetwear.com powered by Choicentic expressly reserves that upon fulfillment of the agreement, deviations may occur from the descriptions and information in our prospectuses, catalogs and other written and electronic documents with regard to the properties of fabrics, colours, weight, dimensions, design and similar characteristics, insofar as these can be required of the customer. Reasons for such changes to be accepted may arise from usual trade fluctuations and technical production methods.

13. FORCE MAJEURE.

ID-Streetwear.com powered by Choicentic may postpone the delivery of the contract goods without compensation if reasonably unforeseen events and circumstances make it impossible for it to fulfill current orders on time without additional provisions or efforts.ID-Streetwear.com powered by Choicentic may in that case also terminate the sales agreement in whole or in part without compensation. Also in case of temporary suspensionID-Streetwear.com powered by Choicentic are still entitled to cancel the agreement in whole or in part, ifID-Streetwear.com powered by Choicentic is unable to deliver due to unforeseen events or circumstances.
The events and circumstances referred to in paragraph A) of this article include, inter alia: state of war and state of siege; civil war; riot, mobilization, worker actions of any kind; exclusion of employees; sudden business disruptions; sudden illness of staff; the outbreak of a disease; late or defective delivery of raw materials and auxiliary materials, end products and packaging materials; government regulations; refusal or absence of an import license or other necessary government permission; difficulties in importing or exporting by governments or third parties; fire; frost; earthquake and flood.
If the force majeure situation lasts so long that the customer can reasonably no longer complyID-Streetwear.com powered by Choicentic can demand, then each party can terminate the agreement without judicial intervention and compensation by a single written statement with effect for the future.

14. DISSOLUTION.

If the customer does not properly or does not timely comply with any obligation that it has under this or any other obligationID-Streetwear.com powered by Choicentic concluded agreement(s) should arise, as well as in the event of bankruptcy, suspension of payment, shutdown or liquidation of the customer’s company,ID-Streetwear.com powered by Choicentic entitled, without any notice of default and without judicial intervention, to suspend the execution of the agreement(s) arising from these general terms and conditions or to dissolve the agreement in whole or in part, at the option ofID-Streetwear.com powered by Choicentic, without being obliged to pay any compensation or guarantee vis-à-vis the customer, but without prejudice to theID-Streetwear.com powered by Choicentic further rights. In these cases, any claim, whicheverID-Streetwear.com powered by Choicentic has or will be payable by the customer, immediately due and payable.

15. INTELLECTUAL PROPERTY.

If the customer supplies its own design, or exerts influence on the product in any other way (such as personalization by supplying text and/or images), the customer guarantees toID-Streetwear.com powered by Choicentic that on the supplied none(intellectual property) rights of third parties rest. Any violations ofintellectual property rights (such as copyright, personality or trade name rights) will in that case be fully borne by the customer. The customer also guarantees that he does not infringe any other rights of third parties by individualizing the product.
The customer willID-Streetwear.com powered by Choicentic fully indemnify at first request against all claims and claims based on infringement of rights of third parties as referred to under A. The customer will reimburseID-Streetwear.com powered by Choicentic all resulting costs for defense and other damages.
When in the performance of the agreement betweenID-Streetwear.com powered by Choicentic and customer intellectual property rights arise, then the intellectual property rights, including copyright, are vested inID-Streetwear.com powered by Choicentic. Insofar as the intellectual property rights are vested in the customer by law, the customer transfers these intellectual property rights in advance toID-Streetwear.com powered by Choicentic and if necessary, the customer will cooperate with this transfer and furthermore grants an irrevocable power of attorney in advance with whichID-Streetwear.com powered by Choicentic can do whatever it takes to enforce the intellectual property rightsID-Streetwear.com powered by Choicentic come to rest. Insofar as permitted by law, the customer waives any personality rights that remain vested in the customer, or the customer undertakes not to exercise these personality rights in economic traffic.

16. CONFIDENTIALITY AND PRIVACY.

Unless there is a legal or professional duty to disclose,ID-Streetwear.com powered by Choicentic and the customer all information from each otherkeep secret against third parties.
ID-Streetwear.com powered by Choicentic will be the information provided by the buyerdelivered not use it for any purpose other than that for which this information was given, except ifID-Streetwear.com powered by Choicentic acts in a procedure in which this information may be important.
ID-Streetwear.com powered by Choicentic and the customer will not disclose the content of agreements, order confirmations, offers, reports, advice or other written or otherwise written statements from each other and will ensure that third parties do not see the content thereof.
WhenID-Streetwear.com powered by Choicentic or the customer obtains personal data provided by the other during the execution of the agreement and he processes this personal data, he will process the personal data in a proper and careful manner and comply with the legal requirements that follow from the General Data Protection Regulation.
IfID-Streetwear.com powered by Choicentic or customer is regarded as a processor within the meaning of the General Data Protection RegulationID-Streetwear.com powered by Choicentic and the customer agree in writing on a processing agreement that complies with the provisions of the General Data Protection Regulation.
ID-Streetwear.com powered by Choicentic and the customer will inform each other within five (5) working days about any request and/or complaint from the supervisory authority or the data subject with regard to the personal data processed in the performance of the Agreement.ID-Streetwear.com powered by Choicentic and the customer provide each other with the cooperation required to comply with the requests of the data subjects or the supervisory authority.
The customer indemnifies ID-Streetwear.com powered by Choicentic against administrative sanctions, remedial sanctions and punitive sanctions imposed on ID-Streetwear.com powered by Choicentic in the context of processing that ID-Streetwear.com powered by Choicentic carries out in the performance of the agreement .

17. NULLITY.

If any part of these terms and conditions is void or voidable, this will not affect the validity of the rest of the terms and conditions. The void or voided part will be replaced by a provision that follows the content of the void provision as closely as possible.

18. TRANSFERABILITY RIGHTS AND OBLIGATIONS.

The customer can claim claimsID-Streetwear.com powered by Choicentic, for whatever reason, not transfer it to a third party. Such claims are expressly non-transferable. This clause has effect under property law within the meaning of Article 83, paragraph 2 of Book 3 of the Dutch Civil Code.
The customer is not permitted without the prior written approval ofID-Streetwear.com powered by Choicentic to transfer any obligation under the agreement and/or these general terms and conditions to a third party.

19. FINAL PROVISIONS.

Insofar as not stipulated otherwise in these general terms and conditions, all claims of customers vis-à-vis lapseID-Streetwear.com powered by Choicentic in any case one year after the day on which the right of action arose, unless the claim(s) have been brought before the competent court within this period.
On all legal relationships betweenID-Streetwear.com powered by Choicentic and customer, only Dutch law applies.
Disputes will – insofar as the law permits – be settled exclusively by the competent court of the District Court of Utrecht.

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