Our general terms have been deposited and can be viewed at the Chamber of Commerce as well as here on the site.
1. General
These terms and conditions apply to all our offers and the contracts for sale concluded with us. Cultcompany aims itself mainly at customers in Europe. Variations on these terms are only allowed after approval in writing by Cultcompany, at which time the remaining stipulations remain in force.
2. Offers / contracts for sale
A contract for sale is set up by placing an order on one of the Cultcompany websites. Confirmation of the order takes place directly after ordering in the form of an e-mail. If you notice a wrongly ordered article you should contact us immediately so that we can correct the mistake. Otherwise mistakes are for the financial risk of the buyer.
All offers from Cultcompany are without engagement and Cultcompany explicitly reserves the right to modify prices, especially when this is necessitated by (legal) directions.
A contract for sale is only concluded when Cultcompany accepts your order. Cultcompany reserves the right to reject orders or to request certain conditions for delivery, unles explicitly stated otherwise.
In case an order is not accepted, Cultcompany will inform you of this within 10 workdays after receiving said order.
3. Prices
The prices listed by us are inclusive of 19% VAT and in Euro, but exclusive of shipping costs. Cultcompany reserves the right to modify prices without notice.
4. Payment
Payment should take place within 14 days of the order date. If we have not received your payment within this period it is possible that the article(s) you ordered are not available anymore for the agreed upon price. You can then order again for the new price.
If we haven't received payment within 3 weeks we will consider your order void.
Claims do not exempt you from the obligation to pay.
5. Delivery
The Netherlands: Orders are usually shipped within 14 days after receiving payment. Delivery generally takes place within 2 days after shipment.
Europe: Orders are usually shipped within 14 days after receiving payment. Delivery generally takes place within 8 days after shipment. Cash on Delivery shipments are not possible.
Rest of the world: Orders are usually shipped within 14 days after receiving payment. Delivery generally takes place within 15 days after shipment. Cash on Delivery shipments are not possible.
Cultcompany ships worldwide. Although for some countries it may be necessary to first contact us before your order can be made final.
Any time for delivery stated by Cultcompany shall be treated as an estimate only. Failure to deliver within the stated times does not entitle you to compensation. In case an article is not in stock we will contact you.
In the exceptional case that an article is not available anymore, Cultcompany reserves the right to, at any time, offer the customer either free shipment of a comparable product in quality and price or to credit the buyer for the amount paid.
In the case of non-timely delivery you are expected to contact us.
If a delivery time of more than 30 days is exceeded both Cultcompany and the buyer have the possibility to dissolve the agreement in writing, after which both parties are exempt from their obligations towards each other and any already fulfilled payments will be restituted.
To prevent longer waiting times Cultcompany is entitled to making deliveries in multiple shipments. Extra costs with regards to this are paid for by Cultcompany.
6. Returns
All articles can be exchanged or refunded within 8 days following receipt. Please return the article(s) together with your invoice. Do not forget to pay for the postage. Parcels without postage will not be accepted and returned to sender.
On the returns-form please state:
- Reason for returning the article
- If you would prefer another article or your money back
- The neccessary account-information for restitution of the amount paid (which in will take place within 2 weeks)
In the following instances returned articles cannot be exchanged or refunded: A) If the article was made-to-measure for you B) Article has been worn, washed and/or damaged C) Sealbag has been opened (CDs) D) Goods for hygienic reasons (make-up, stockings, lingerie, etc) E) You have tried to repair a defect yourself F) You have not followed the guidelines in the manual and/or instructions of use G) Article is not complete
7. Damaged or faulty articles
If you find an article is damaged or faulty (or if we accidentally sent you something wrong) then please contact us within 14 days after taking delivery.
Always check the articles on receipt. Due to the fact that many of the products we sell are completely handcrafted, small alterations in model and/or colour may exist.
Please return the article together with your invoice (the postage costs will be compensated by Cultcompany. Please note: only if there is something wrong with the article without your fault).
On the returns-form please state:
- Reason for returning the article
- If you would prefer a replacement or your money back
- The neccessary account-information for restitution of the amount paid (which in will take place within 2 weeks)
If you fail to comply with the above stated stipulation we will assume to have delivered in accordance with our obligations.
8. Shipment / shipping costs
Shipment takes place at the risk of the seller. Method of shipment and packaging is for us to decide. Juridical time of delivery is the moment the goods leave our company.
Upon checking out your order the shipping costs are clearly stated. The shipping costs are also stated on the website. Please contact us if you would prefer to insure the shipment. Then we can inform you with regards to the costs of this service to your address.
Cultcompany is entitled to making deliveries in multiple shipments. Extra costs with regards to this are paid for by Cultcompany.
If the buyer neglects to pick up his or her parcel at the post-office (if and when the postman did not find you home upon delivery) you will need to make a 50% contribution to Cultcompany with regards to the shipping costs of the 2nd shipment of your order, before we send it again. The shipment notification by email is in itself a clear enough indication that the parcel has been sent to you. Therefore a claim that the postman did not leave a voucher, for picking up the parcel at the postoffice, is not valid.
When the articles are delivered to the buyer at the nominated address for delivery, the risk with regards to the articles are passed on to the buyer.
9. Privacy policy
We will never disclose any customer information from our records to third parties without your explicit consent.
In our database we keep the following personal information:
- Name and address
- E-mail address
- Telephone number
- Order data
This data will only be used for the purpose of processing orders from you and for correspondence with regards to placed orders and payments of said orders. You will only receive advertising from Cultcompany (our newsletter) if you have explicitly subscribed for that on the website.
At any time you are able to check and/or correct your personal information on the website by logging into your account.
If you would prefer to be removed completely from our records then please contact us.
10. Force Majeure
In the event that the Company is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control, Cultcompany shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented. Cultcompany also reserves the right to cancel said contract for sale without legal intervention, by informing you of this in writing. In this instance we shall not be held for compensation unless this would be deemed unacceptable given the circumstances. The remaining stipulations in these terms shall not be diminished in any way by this.
11. Liability
Cultcompany shall under no circumstances whatsoever be liable for any direct or indirect damage, unless we explicitly accept liability in these terms. In the event of damage caused by willful misconduct, gross negligence/faults by Cultcompany the company shall be liable. The customer accepts that Cultcompany shall not be held to any claims by third parties. The liability of Cultcompany shall at any time be limited to the invoiced value to which the claim relates or the maximum value that Cultcompany might have charged the customer. Limitation of the liability as stated in this article also refers to employees and other persons used by Cultcompany to carry out the contract for sale.
12. General
If Cultcompany has allowed deviations of these terms during a certain amount of time, be it in silence or not, the fact still remains that Cultcompany has the right to demand direct and strict observance of these terms.
You can never claim any right with regards to Cultcompany's flexible use of these terms and conditions.
If any provision of these terms and conditions is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected thereby. Please contact Cultcompany with regards to any business not mentioned in these terms.
13. Intellectual and industrial proprietary rights
You shall respect all intellectual and industrial proprietary rights that exist on articles sold by Cultcompany. Fully and unconditionally.
14. Governing law
All rights, obligations, offers, orders, agreements and other stipulations in these terms and conditions are subject to Dutch law and shall be submitted to the exclusive jurisdiction of the courts of The Netherlands. |