Wholesale terms and conditions Fashion4Wellness

Below you will find the B2B information. It concerns the wholesale of Fashion4Wellness hamam towels, beach towels, pareo, kimono and bathrobe.

By placing a wholesale order, the (web) retailer agrees to the following terms and conditions:

Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
1. (Web) retailer: the professional buyer who is not a consumer, acts in the exercise of a profession registered with the Chamber of Commerce (including a one-man business) and enters into a distance contract with the entrepreneur;
2nd day: a calendar day;
3. extended transaction: a distance contract relating to a series of products, of which the obligation to deliver and/or purchase is spread over time
4. durable data carrier: any means that enables the entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
5. entrepreneur: the natural or legal person who offers products to the (web)shop operator at a distance;
6. distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of goods, up to and including the moment that the agreement is concluded, exclusive use is made of one or more techniques for distance communication
7. technique for distance communication: means that can be used for concluding an agreement, without the entrepreneur having to meet in the same room at the same time.

Article 2 - Entrepreneur's identity
Fashion4Wellness.com can be contacted in writing at the address below:
Matthijs Sterklaan 11, 1161 VX Zwanenburg (no visiting address).
E-mail address: contact@fashion4wellness.com
Amsterdam Trade Register, trade register number: 34298861
VAT number: NL8192.52.062 B01

Payments:
Bank: RABO Bank
IBAN: NL22 RABO 0141 3809 42
BIC: RABONL2
In the name of: Fashion4Wellness.com

Article 3 - Applicability / General
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the (web) shop owner.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the (web)shop owner. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the (web)shop owner as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the (web) shop owner electronically in such a way that it can be easily stored by the (web) shop owner on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract it shall be indicated where the general conditions can be inspected electronically and that at the request of the (web)shop owner they will be sent electronically or otherwise free of charge.
4. Conditions other than these general terms and conditions shall only apply if agreed in writing. All verbal agreements are without obligation as long as they have not been confirmed in writing by Fashion4Wellness.
5. If the general terms and conditions are violated, Fashion4Wellness reserves the right to unilaterally terminate the collaboration.

Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to enable a proper assessment of the offer by the (web) shop owner. If the entrepreneur uses images, these are a true representation of the offered products. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the (web)shop owner what the rights and obligations are, which are attached to the acceptance of the offer.

Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement comes into effect at the moment of acceptance by the (web)shop owner of the offer and the fulfilment of the conditions thereby stipulated. Sales will only take place to (web)shops registered with the Chamber of Commerce that have created a personal wholesale account which, from the moment of approval by Fashion4Wellness (the entrepreneur), gives them access as a wholesaler to the wholesale part of the web shop.
2. If the (web)shop owner has placed the order electronically and thus accepted the offer, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the (web)shop owner can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the (web)shop owner can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, inform himself whether the (web) shop owner can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while stating reasons.

Article 6 - The price
1. As long as the Agreement has not been concluded, the Entrepreneur is entitled to change prices, offers and other conditions. Buyers cannot derive any rights from prices and offers from the (recent) past;
2. The prices mentioned in the offer of products are in euros, exclusive of VAT and exclusive of shipping costs. The prices excluding VAT shall be shown at the product information, in the shopping basket and on the invoice.
3. Shipping costs are displayed and charged at checkout. This always concerns parcel post.
4. Obvious mistakes or errors in the offer do not bind the entrepreneur.
5. Minimum order value: Euro 350,00 excluding VAT and shipping costs. For each subsequent order, the minimum order value is Euro 250,00 excluding VAT and shipping costs.

Article 7 - Conformity and warranty
1. The entrepreneur guarantees that the products comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date of conclusion of the agreement.
2. (Web) shop owner and its customers should handle products carefully and in case of any damage to products due to own fault, no warranty applies.
3. In case of damage upon receipt of the products, (web) shop owner should contact entrepreneur for an appropriate solution. Exceptions to this are that colour and weight may vary and minor weaving faults are part and parcel of this traditional product. This certainly does not detract from the quality of our high-quality products.
4. Fashion4Wellness advises not to place the products in direct (sun)light for long periods of time. This can cause discolouration.
5. From the moment of receipt of products, the responsibility lies with the (web)shop owner. The (web) shop owner handles products with care, to ensure they remain in good condition. Possible complaints after sale by the (web)shop owner in his/her (web)shop are the responsibility of the (web)shop owner. Fashion4Wellness is not responsible for this and is not obliged to provide replacement cards or any other solution for complaints.

Article 8 - Delivery and execution
1. The entrepreneur will take the greatest possible care when assessing wholesale requests and when receiving and executing product orders.
2. The place of delivery is the address that the (web) shop owner has made known to Fashion4Wellness.
3. Entrepreneur is not liable for delays caused by postal and parcel deliverers.
4. Delivery times given by Fashion4Wellness are without obligation. Fashion4Wellness is entitled to make partial deliveries. Entrepreneur is not liable for any damage whatsoever as a result of exceeding the announced delivery times.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the (web) shop owner or a representative appointed in advance and made known to the entrepreneur, unless explicitly agreed otherwise. Exceptions are small damages, such as wrinkles, caused during the shipping process.
6. From the moment of receipt, the physical products are the property of the merchant. The design (including text and image) of the physical products remains the property of Fashion4Wellness. Physical products, images and texts may not be copied or duplicated.

Article 9 - Complaints and returns
1. Entrepreneur makes every effort to provide you with a good product. We recommend that you inspect the delivered items immediately upon receipt. 
2. When purchasing products, the (web)shop owner has no right of revocation. We do not take back orders once received. (The right of return does not apply to B2B customers in this context and is therefore only valid for sales to consumers B2C).
3. Cancellation by (web) shop owner is only allowed, after consultation with the entrepreneur, if done in writing, and within 24 hours after ordering. In the event of cancellation, the (web)shop owner will owe Fashion4Wellness all costs reasonably incurred, without prejudice to Fashion4Wellness' right to compensation for full damages. Non standard stock material and special ordered material, cannot be returned and cannot be cancelled by the (web)shop owner, in short a purchase obligation.
4. If the entrepreneur agrees in writing to return the product, (web)shop owner shall return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. The costs of return shipment shall be borne by (web)shop owner.
5. Only when returning all products, the costs of return shipment will be refunded. The total amount of the returned products and any shipping costs will be refunded to (web)shop owner no later than 30 days after dissolution.
6. Exchanges are not possible.
7. Any right to complain lapses if the goods have been fully or partially put to use, have been displayed in a shop or have been resold. Translated with www.DeepL.com/Translator (free version)

Article 10 - Payment
1. The purchase and sale agreement is concluded at the moment the (web)shop owner accepts the offer and complies with the conditions set out therein. As long as the receipt of this acceptance has not been confirmed by e-mail, the (web)shop owner can dissolve the agreement.
2. The (web)shop owner has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
3. The (web)shop owner can choose from the following payment methods: pre-payment or direct payment via iDeal, Mastercard, Visa, Mistercash, Giropay, Sofort Überweisung, Paypal.
4. The (web)shop owner can pay via bank transfer (pre-payment), among others. If the (web)shop owner chooses bank transfer, the (web)shop owner should transfer the amount due to the entrepreneur within 5 working days after placing the order at the latest. Failing this, the agreement will be dissolved.

Article 11 - Complaints procedure
1. Complaints can be made known by the (web)shop owner via an e-mail to entrepreneur.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the (web)shop owner has identified 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the (web)shop owner can expect a more detailed answer.

Article 12 - Liability
1. Any liability of the entrepreneur and the products of the entrepreneur for any damage, of whatever nature, direct or indirect, is excluded. The Entrepreneur is also not liable for damage caused by third parties during the performance of the Agreement.
2. The entrepreneur accepts no liability for any damage resulting from the use of the products of the entrepreneur.
3. The entrepreneur's liability is always limited to a maximum of the amount of the purchase price of the item in question.
4. The Entrepreneur is not liable for misunderstandings, mutilation, delays or improper transmission of orders and messages resulting from the use of Internet or any other means of communication in the traffic between the (web) shop owner and the Entrepreneur, or between the Entrepreneur and third parties, insofar as they relate to the relationship between the (web) shop owner and the Entrepreneur, unless there has been intent or gross negligence.
5. The entrepreneur does not accept any liability for minor deviations in the colour of the products delivered.
6. In the event of force majeure on the part of Fashion4Wellness, the agreement will remain in force, but Fashion4Wellness' obligations will be suspended for the duration of the force majeure. In such a case, the seller is entitled to cancel the agreement insofar as it has not yet been carried out and to charge Fashion4Wellness for what has already been carried out in proportion to the total sum. Force majeure expressly includes non-delivery or late delivery by Fashion4Wellness' suppliers, also in those cases where Fashion4Wellness could have foreseen the non-delivery or late delivery. And all causes beyond the control and fault of Fashion4Wellness.
7. All extra costs caused by force majeure on the part of the (web)shop owner will be charged to the (web)shop owner.

Article 13 - Privacy
The way Fashion4Wellness handles personal data provided by (web)shop owner is laid down in the Privacy Policy.

Article 14 - Copyright
All texts and images of Fashion4Wellness both off- and online are subject to copyright and image rights. The texts, illustrations and images of Fashion4Wellness.com are copyrighted and owned by the entrepreneur. Without explicit permission from the entrepreneur, duplication of prints or complete text parts of downloaded document files / photography based on copyright is strictly prohibited. If you want to use the texts, illustrations or images, there are often possibilities to do so, but please contact Fashion4Wellness first.

Article 15 - Intellectual property rights
1. The (web) shop owner must respect all intellectual property rights that rest on the products and services supplied by Fashion4Wellness, completely and unconditionally.
2. Fashion4Wellness does not guarantee that the products supplied to the (web) shop owner do not infringe on any (unwritten) intellectual property rights of third parties.

Article 16 - Images
Due to different screen settings, the colours of the products may differ slightly from reality. No rights can be derived from this.

Article 17 - Other provisions
1. Selling prices in shop/webshop cannot be lower than the selling prices on Fashion4Wellness.com.
2. If products are sold in physical shop, there is space there for business cards of Fashion4Wellness, supplied by Fashion4Wellness. This is always in consultation.
3. If Fashion4Wellness products are sold in a webshop, it will be clearly indicated that they are products of the Fashion4Wellness brand. The texts/product descriptions of Fashion4Wellness.com may not be used. Pictures may, however, be used.
4. Consumer discount codes are not valid on wholesale orders and may not be applied. If they are applied, the order will be cancelled.
5. Products ordered are only for resale and, unless agreed otherwise, only in the (web)shop(s) for which a wholesale account has been approved by Fashion4Wellness.
6. Fashion4Wellness does not supply display material for the (web)shop.
7. Products do not always carry a barcode or price.
8. Products purchased as a set should also be sold as a set in resale and are not for single sale.

Article 18 - Applicable law
1. All rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply, as well as these General Terms and Conditions, are exclusively governed by Dutch law (not consumer law).
2. All disputes between parties will be submitted to the judge of the district in which Fashion4Wellness falls.