Terms of service

Terms and Conditions

Article 1. Definitions

  1. Thimo Derks is a sole proprietorship that offers products within the lingerie industry, especially aimed at small sizes.
  2. In these Terms and Conditions is ‘customer’ understood to mean: a private or legal individual who is not acting for purposes related to his trade, business, craft or profession.
  3. In these Terms and Conditions is ‘entrepreneur’ understood to mean: (Thimo derks) a private or legal individual who supplies products and/or offers services to customers.
  4. In these Terms and Conditions is ‘day’ understood to mean: calendar day.
  5. In these Terms and Conditions is ‘reflection period’ understood to mean: the period within the customer can use the right of withdrawal.
  6. In these Terms and Conditions is ‘right of withdrawal’ understood to mean: the possibility for the customer within respite to withdrawal the distance agreement.
  7. In these Terms and Conditions is ‘distance agreement’ understood to mean: an agreement concluded between Thimo Derks and the customer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive use is made of one or more remote communication techniques.
  8. In these Terms and Conditions is ‘remote communication techniques’ understood to mean: resources that can be used to conclude an agreement, without the customer and entrepreneur having to meet in the same room at the same time.
  9. In these Terms and Conditions is ‘services’ understood to mean: all products and services supplied to the customer by Thimo Derks and/or third parties engaged by it, as well as all other work performed by Thimo Derks for the benefit of the customer, of any kind, performed in the context of an agreement, including work that is not performed at the explicit request of the customer.
  10. In these Terms and Conditions is ‘website’ understood to mean: the website www.thimoderks.com

 

Article 2. Applicability of Terms and Conditions

  1. The Terms and Conditions apply to all agreements concluded between the customer and Thimo Derks in which Thimo Derks supplies products and/or offers services.
  2. Deviations from the Terms and Conditions are only valid if expressly agreed with Thimo Derks in writing.
  3. The applicability of the customer purchasing or other conditions is expressly rejected, unless expressly agreed otherwise in writing.
  4. The Terms and Conditions also apply to additional or changed orders to the customer.

 

Article 3. The Agreement

  1. All offers on the website are without obligation, unless explicitly stated otherwise.
  2. The customer can order the products produced by Thimo Derks via the website. The agreement is concluded by placing the order. The customer hereby accepts the offer and the fulfillment of the associated conditions. Thimo Derks will send the customer a confirmation of the order, as well as an invoice. The products will then be delivered by a self-chosen delivery service.
  3. If Thimo Derks sends a confirmation to the customer, it is decisive for the content and explanation of the agreement, subject to obvious errors. Thimo Derks cannot be held to its offer if the customer can reasonably understand that the offer, or a part thereof, contains an obvious mistake or error.
  4. If the customer makes notes or responds to the offer of Thimo Derks, they are not part of the Agreement, unless Thimo Derks confirms this in writing.

 

Article 4. Implementation of the Agreement

  1. Thimo Derks will make every effort to perform the services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, and as much as possible in accordance with the agreements laid down in writing.
  2. Thimo Derks has the right to have certain activities performed by third parties. When engaging third parties, Thimo Derks will exercise reasonable care and consult with the customer in the selection of these third parties, as much as is reasonably possible in the relationship with the customer. The costs of engaging these third parties will be account by the customer and will be charged by Thimo Derks to the customer.
  3. The customer shall ensure that all information, which Thimo Derks indicates is necessary or which the customer should reasonably understand to be necessary for the implementation of the agreement, is provided to Thimo Derks in a timely manner. If the information required for the implementation of the agreement has not been provided to Thimo Derks in time, Thimo Derks has the right to suspend the implementation of the agreement and/or to charge the customer for the additional costs resulting from the delay according to the then usual rates.
  4. The customer ensures that Thimo Derks can provide its services in a timely and proper manner. If the customer does not comply with his agreements in this regard, he is obliged to compensate the resulting damage.
  5. If a term has been agreed or specified for the performance of services, this is never a strict deadline. If a term is exceeded, the customer must give Thimo Derks written notice of default. Thimo Derks must be offered a reasonable term to still implement the agreement.

 

Article 5. Amendment of the Agreement

  1. If during the implementation of the agreement appears that it is necessary for a proper implementation to change or supplement it, Thimo Derks and the customer will proceed to adjust the agreement in a timely manner and in mutual agreement.
  2. If the agreement is amended, including an addition, this constitutes an additional assignment. A separate agreement about the fee will be made in advance about this additional assignment. Without additional quotation, the original conditions apply, whereby the extra services are paid at the usual rate.
  3. Not or not immediately implement the amended agreement does not constitute a breach of contract on the part of Thimo Derks and is no ground for the customer to terminate or dissolve the agreement.
  4. Changes to the originally concluded agreement between Thimo Derks and the customer are only valid from the moment that these changes are accepted by both parties by means of an additional or amended agreement. This change will be made in writing.

 

Article 6. Suspension, dissolution and early termination of the Agreement

  1. Thimo Derks is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if the customer does not, not fully or not timely fulfill the obligations under the agreement, or that Thimo Derks has a good reason to fear that the customer will fail to meet those obligations.
  2. Thimo Derks is authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or unaltered maintenance of the agreement cannot reasonably be required.
  3. If the customer fails to fulfill his obligations resulting from the agreement and this non-compliance justifies dissolution, Thimo Derks is entitled to dissolve the agreement immediately and with immediate effect without any obligation on its part to pay any compensation or indemnification, while the customer, by breach of contract, is obliged to pay compensation or indemnification.

 

Article 7. Right of withdrawal

  1. Right of withdrawal the agreement is possible up to fourteen (14) days after signing the quotation or placing the order, if the distance agreement has been concluded and the customer is a private individual who is not acting for purposes related to his trade, business, craft or profession.
  2. Right of withdrawal can no longer take place if an e-mail has been sent, meaning that the product has been sent, whereby the time of receipt of this message by the customer is the principle guiding.

 

Article 8. Price and payment

  1. All amounts stated in the quotation or on the website are in euros and include VAT, unless stated otherwise. Prices do not include shipping, handling, customs or import charges.
  2. Thimo Derks has the right to rectify apparently incorrect errors in the quotation.
  3. Payment is made by PayPal, Klarna or creditcard.
  4. For all orders shippings costs will be calculated at check out. All invoices must be paid with due observance of a payment term of fourteen (14) days, unless another term has been agreed.
  5. The customer has the obligation to immediately inform Thimo Derks of inaccuracies in the payment details stated or provided.
  6. When the customer does not pay in time, the customer is legally in default without further notice of default being required. The customer will then owe the statutory interest. The interest on the full amount will be calculated from the moment the customer is in default until the moment of payment of the full amount owed.
  7. If Thimo Derks decides to collect a claim for non-payment of one or more unpaid invoices by legal means, the customer is, in addition to the principal sum owed and the interest referred to in paragraph 7 of this article, also obliged to pay all reasonable judicial and extrajudicial to reimburse costs. The compensation for judicial and extrajudicial costs incurred will be determined in accordance with the then applicable regulations that relate to compensation for extrajudicial collection costs.

 

Article 9. Shipping and delivery

  1. We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. 
  2. Thimo Derks determines the method of transport and packaging itself. Thimo Derks can choose to deliver the products personally, but can also choose for delivery via PostNL or another postal deliverer.
  3. If the products are available to the customer after the expiry of the delivery time but are not purchased by him, the products/services are stored at his disposal at his risk and at his expense, regardless of the reason for non-purchase.

 

Article 10. Cancellation right customer

  1. Products can be returned within fourteen (14) days after receiving the order, without giving a reason, if the distance agreement has been concluded and the customer is a private or legal individual who is not acting for purposes related to his trade, business, craft or profession. The entire amount paid by the customer will be fully refunded within fourteen (14) days after receipt of the return.
  2. The customer is obliged during the fourteen (14) days to handle the received product and the packaging with care. The customer will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle is that the customer may only handle and inspect the product as he would be allowed to do in a store (unworn and unwashed). If the customer decides to return the products, and it is not necessary to remove the packaging, Thimo Derks asks to prevent from doing so. It is therefore important to return the product in original brand-new condition, with all tags and labels attached and in the original packaging. Costs may be charged in the event of damage.
  3. Customer can return the product by a self-chosen postal company. The costs and risks of returning are for the responsibility of the customer.

 

Article 11. Obligations of customer

  1. The customer is responsible for providing correct and representative data and information necessary for the implementation of the agreement. Thimo Derks is not liable for damage, including based on an incorrect order, if the customer has provided incorrect, unrepresentative or irrelevant information.
  2. Though every effort will be made to meet the delivery term, Thimo Derks is never liable for the consequences of exceeding the stated delivery term on the website, in the confirmation email or elsewhere. Exceeding the term does not entitle the customer to cancel the products, or to refuse receipt or payment of the products, nor does Thimo Derks owe any compensation to the customer.
  3. Thimo Derks is not liable for errors or omissions engaged by third parties.
  4. Thimo Derks is not liable for any errors on the website.
  5. Thimo Derks is not liable for non-compliance or late fulfillment of the obligations, arising from the agreement, if this is caused by force majeure as referred to Article 12.
  6. Thimo Derks is not liable for any damage or consequences arising from/or related to inappropriate or unauthorized use by the customer. Thimo Derks is therefore not liable for damage caused by the customer.
  7. If Thimo Derks is held liable, it will only be liable for direct damage that has actually been incurred, paid or suffered by the customer due to a demonstrable failure of Thimo Derks obligations with regard to its products/services. Thimo Derks is not liable for indirect damage, including but not limited to consequential damage.
  8. Thimo Derks liability is limited to the amount covered and paid out by the insurer. If the insurer does not pay, or if Thimo Derks is not insured, the liability is limited to the amount paid by the customer.
  9. This provision does not exclude liability to the extent that liability may not be limited or excluded by law.

 

Article 12. Force Majeure

  1. Force majeure is understood to mean all external causes, beyond the control of Thimo Derks, as a result of which timely, complete or correct fulfillment of the agreement is no longer possible.
  2. Force majeure as referred to in the previous paragraph also includes, but is not limited to: non-compliance by a third party, illness of staff of Thimo Derks itself or a third party, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious disruptions in Thimo Derks systems, fire, flood, natural disasters, riot, war, or otherwise domestic unrest.
  3. In case of force majeure, fulfillment of the agreement will be suspended as long as the force majeure continues.
  4. If the force majeure lasts longer than one month, both parties are entitled to dissolve the agreement without judicial intervention. In such a case, Thimo Derks will refund any amounts paid, deducted from all costs that Thimo Derks has incurred with regard to the agreement.

 

Article 14. Complaints

  1. The customer is obliged to inspect or have inspected the delivered product at the time of delivery, at least within the shortest possible term. In doing so, the customer should investigate whether the quality and quantity of the delivered goods correspond to what is determined in the agreement.
  2. Errors or inaccuracies that can be detected during an initial inspection, taking into account the requirements of reasonableness and fairness, must be reported to Thimo Derks in writing within fourteen (14) working days after receipt of the products, with presentation of the proof of purchase, unless this is impossible or unreasonably onerous.
  3. Other complaints, including complaints that could not be detected during an initial inspection, must be reported in writing to Thimo Derks within one (1) month at the latest in accordance with the provisions of paragraph 2 of this article.

 

Article 15. Complaint procedure

  1. Complaints about the implementation of the agreement must be submitted fully and clearly described to Thimo Derks within a reasonable time after the customer has discovered the defects. The customer must send the complaint in writing to info@thimoderks.nl.

 

Article 16. Privacy data processing and security

  1. All personal information we collect through the Services is subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
    Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information. 

 

Article 17. Intellectual Property

  1. Thimo Derks reserves the rights and powers that accrue to it under the Copyright Law. The customer will indemnify Thimo Derks against any action based on the claim that making it available, using, editing, installing or incorporating in such a way it infringes any right of third parties.

 

Article 18. Identity of Thimo Derks

Thimo Derks is registered with the CCI under number 66389976 and carries VAT identification number NL002361858B28.

Thimo Derks is located at Maasdijk 65 A, 5308 JB Aalst.

Thimo Derks can be reached by e-mail info@thimoderks.nl or by website www.thimoderks.com

 

Article 19. Applicable law and disputes

Only Dutch law applies to these Terms and Conditions.

Dutch law applies to these Terms and Conditions.