TERMS AND CONDITIONS
Article 1. Applicability
1.1 These terms and conditions (hereinafter: conditions) are applicable on all orders and agreements with INCONCEPTstore, further named INCONCEPT. The website is operated by INCONCEPT. We are registered in The Netherlands under company number 59170107 and have our registered office at Smitshoekseweg 214, 3084LR Rotterdam, The Netherlands. Our VAT number is NL200241655B01.
1.2 Purchases on this website may be made by residents of around the globe. You must be 18 years of age or older to order from the website.
1.3 Unless agreed otherwise, these conditions apply to all agreements with INCONCEPT. Accepting an offer or placing an order shall mean that you accept these conditions.
1.4 The provisions in these conditions may only be deviated from in writing, in which case the other provisions shall remain in full force.
1.5 All rights and claims stipulated in these conditions and in any other agreements for INCONCEPT’s benefits shall likewise be stipulated for the benefit of intermediaries and other third parties engaged by INCONCEPT.
Article 2. Offers/agreements
2.1 All information on the website is an invitation to treat only and is not an offer.
2.2 All of INCONCEPT’s offers shall be without obligation, and INCONCEPT shall expressly reserve the right to change prices, in particular, if necessary under statutory or other requirements.
2.3 An agreement shall only be concluded after INCONCEPT accepts your order. INCONCEPT shall be entitled to refuse orders or attach certain conditions to delivery, unless expressly stated otherwise. If an order is not accepted, INCONCEPT shall indicate this within 10 working days after receiving the order.
Article 3. Prices and payment
3.1 Unless otherwise stated or agreed on in writing, the prices stated for the products and services offered shall be in euros, including VAT and excluding handling and shipping costs, any taxes or other levies.
3.2 Products are - when in stock - delivered upon receipt of payment, unless agreed otherwise.
3.3 If a payment is reversed for whatever reason at a later date after receipt by INCONCEPT and delivery has been made in the meantime, this shall never discharge the party making the order from its payment obligation.
3.4 If, after a written demand by INCONCEPT, a payment is still not received by INCONCEPT within five working days, you shall owe EUR 10,00 in administrative costs. If INCONCEPT contracts out its claim for collection, you shall also owe the out-of-court collection costs actually incurred.
3.5 If you fail to make any payment, INCONCEPT shall be entitled to suspend or rescind the agreement concerned and related agreements (or the performance there-of).
3.6 If the prices for the products and services increase in the period between the order and the execution thereof, this price increase shall not be passed on, except for price changes resulting from changes in VAT rates or other taxes or levies.
Article 4. Delivery / approval period
4.1 The delivery dates stated by INCONCEPT shall merely be indicative. You shall not be entitled to any damages if a delivery date is exceeded, nor shall you be entitled to cancel the order or rescind the agreement.
4.2 Shipping rates for parcels post are: in the Netherlands € 7,00, Europe € 12,00 and € 18,00 International. For larger goods actual costs will apply. Orders can also be collected free of charge at our (shared) studio in Rotterdam. On appointment only!
Article 5. Retention of title
5.1 If you already owe an amount to INCONCEPT under any agreement, title to delivered products shall not be transferred until you have paid that amount. The responsibility regarding the products shall already be transferred to you at the time of delivery.
Article 6. Intellectual and industrial property right
6.1 You must respect all intellectual and industrial property rights attached to the products delivered by INCONCEPT in full and unconditionally.
6.2 INCONCEPT does not guarantee that the delivered products do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 Upon delivery, you are obliged to inspect the products to determine whether or not they comply with the agreement. If this is not the case, you must inform INCONCEPT in writing, stating reasons, as soon as possible and, in any event, within 5 days after delivery.
7.2 If it is demonstrated that the products do not comply with the agreement, INCONCEPT shall have the option of replacing the products concerned with new products in exchange for return of the products or refunding the invoice amount of the products.
7.3 If you do not wish to take possession of a product for any reason, you shall be entitled to return the product to INCONCEPT within 14 days after delivery. This return policy does not apply to services provided, custom and private orders (made to order products), vintage, sample sales or second hand products. Return shipments shall only be accepted in case the product and packaging have not been damaged, with the return shipment costs being borne by you as well.
7.4 Return shipments with insufficient postage shall not be accepted.
7.5 The return shipments accepted by INCONCEPT shall be replaced with a substitute product, or the original invoice amounts refunded excl. postage & handling costs, as soon as possible. Refunds shall be given within 30 days of receipt of the returned product.
7.6 INCONCEPT shall not assume any liability whatsoever for damage claims or consequential damage in whatever capacity substantiated as a result of the use of its products by consumers or third parties.
7.7 Some products available for purchase online are made to order. As necessary, we reserve the right to limit the quantity of products we supply, supply only part of an order or to divide orders. We also reserve the right to alter the terms of durations of any special offers or sale promotion. We will inform you if we are unable to fulfill your order. Please note that products may vary from the picture, this is because all textile is handmade mostly from remnants that are subject to availability.
7.8 INCONCEPT is happy to offer a sale price adjustment on items purchased up to 3 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved sale price adjustments will be credited to you in the original form of payment. We are unable to offer price adjustments on items originally purchased in a sale or any special promotional items that are temporarily reduced in price. Please note that price adjustments will be offered at first markdown only. This policy applies for online purchases only.
Article 8. Orders/communication
8.1 INCONCEPT shall not be liable for misunderstandings, mutilation, delays or improper transmission of orders and messages resulting from the use of the Internet or any other means of INCONCEPT, or between INCONCEPT and third parties, insofar as pertaining to the relation between you and INCONCEPT, unless and insofar as there has been an intentional act/omission or gross negligence on INCONCEPT’s part.
Article 9. Force Majeure
9.1 Without prejudice to the other rights it has, INCONCEPT shall, in the case of force majeure, be entitled, at its option, to suspend execution of your order or rescind the agreement without court intervention, by informing you of this in writing and without INCONCEPT being obliged to pay any damages, unless, in the given circumstances, this would be unacceptable according to the principles of reasonableness and fairness.
9.2 Force majeure shall mean any breach which cannot be attributed to INCONCEPT, because it is not at fault, and for which it does not bear responsibility pursuant to law, acts intended to have legal effect or generally accepted standards.
Article 10. Miscellaneous
10.1 If you provide your address to INCONCEPT in writing/email, INCONCEPT shall be entitled to send all orders to that address, unless you indicate in the written statement another address where your orders should be sent.
10.2 Even if deviations from these conditions have been permitted by INCONCEPT, whether tacitly or not, for a short or long time period, this shall not affect its right to still demand immediate and strict compliance with these conditions. You may never assert any right based on the fact that INCONCEPT has applied these conditions in a lenient manner.
10.3 Should one or more of the provisions of these conditions or any other agreement with INCONCEPT be contrary to any applicable legal requirement, the provision concerned shall cease to have effect and shall be replaced with a new, similar provision permissible at law to be determined by INCONCEPT.
10.4 INCONCEPT shall be entitled to utilize third parties in executing your order(s).
Article 11. Applicable law and competent court
11.1 All rights, obligations, offers, orders and agreements to which these conditions apply, as well as these conditions themselves, shall be governed solely by Dutch law.
11.2 All disputes between the Parties shall exclusively be brought before the competent court in the Netherlands.