general terms & conditions
1. DEFINITIONS
New Tradition: New Tradition, Amsterdam, Chamber of Commerce no. 73615099.
Consumer: the party which New Tradition has entered into an agreement with.
Parties: New Tradition and consumer together.
2. APPLICABILITY
These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of New Tradition. Parties can only deviate from these conditions if they have explicitly agreed upon in writing. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the consumer or of third parties.
3. PRICES
All prices used by New Tradition are in euros, are inclusive of VAT and exclusive of any other costs such as travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise. New Tradition is entitled to adjust all prices for its products or services, shown in its webshop, at any time. Increases in the cost prices of products or parts thereof, which New Tradition could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. The consumer has the right to terminate an agreement as a result of a price increase, unless the increase is the result of statutory regulation.
4. SAMPLES / MODELS
If the consumer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
5. PAYMENTS
Consumers are able to make payments electronically to New Tradition in many different ways. The different payment methods are indicated on the checkout page of the website. Shipment of the order will take place once New Tradition has received payment for the order. New Tradition will add the shipping costs to the invoice of the order. More information concerning the shipping costs can be found under the title: “Shipping Policy”.
6. DELIVERY
The delivery time is indicative - therefore not guaranteed - and does not give the customer the right to dissolution or compensation if this period is not met with. If the order is in stock it will be processed and shipped within one working day after the receiving of payment. If the order is not in stock it will be shipped given the indicated delivery time. New Tradition is not responsible for any delays of third parties. New Tradition cannot be held responsible if the post is unable to deliver the order to the consumer on time. Delivery of products ordered online takes place at the address indicated by the consumer.
7. PACKAGING AND SHIPPING
If the package of a delivered product is opened or damaged, the consumer must report the issue to New Tradition within 48 hours of receiving the package by e-mail, including pictures of the delivered package. New Tradition will act and file a report with the transportation company to claim a compensation for the damage. If the consumer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to New Tradition, failing which New Tradition cannot be held liable for any damage.
8. TRANSFER OF OWNERSHIP
Ownership of merchandise will not be transferred until the associated obligations of purchaser have been fulfilled. At the point of transfer of ownership, which is at the point of delivery of the articles, product liability is transferred to the purchaser.
9. RIGHT OF WITHDRAWAL, MONEY BACK GUARANTEE
If the consumer, for whatever reason, does not wish to retain the article, the consumer has the right to
return the article to New Tradition within fourteen days after taking delivery of the article. The consumer must first inform New Tradition in writing via email (hello@new-tradition.shop) of their intention and must follow all further return conditions and instructions stipulated by New Tradition.
This guarantee does not comply if the article has been used or damaged, if the consumer has attempted to amend or alter the article in any way or if the product has been specially tailored for the consumer or adapted to its special needs.
Return articles will only be accepted if it is sent in the original, undamaged wrapping and the labels are still attached to the merchandise.
Furthermore, the shipping costs of the returned merchandise will be entirely paid for by the consumer. Under no circumstances will New Tradition reimburse the shipping costs of returned merchandise. If the return instructions have been followed accurately, New Tradition will reimburse the consumer for the returned article(s) within 10 days after receiving it. If a payment is completed by credit card, refunds will automatically be applied to the credit card used by the consumer at the time of purchase.
10. COMPLAINTS
The consumer must examine a product provided by New Tradition as soon as possible for possible shortcomings. If a delivered product does not comply with what the consumer could reasonably expect from the agreement, the consumer must inform New Tradition of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. Please inform us by e-mail (hello@new-tradition.shop). You will receive a reply within three working days.
11. PRIVACY
New Tradition finds it very important to ensure that all of the consumer’s personal information is treated with the upmost care and security. New Tradition will not give the consumer’s personal information to third parties, except when the information is required for the delivery of the order. When making an order, New Tradition requires the consumer’s name, invoice and delivery addresses, and payment details so that an order can be processed. The payment details will only be used to conclude the payment process.
Records of website visits are kept for statistical purposes. Information concerning the number of visitors and visitor frequency to our website will be used for internal research and website improvement. However, this general information is anonymous and cannot be traced back to the individual visitor.
12. LIABILITY
All products in the online collection of New Tradition have been produced with the greatest care. New Tradition cannot assume any liability for damages in any form whatsoever, either physical, material or immaterial, that can be caused by malfunctioning or ill-use of the articles sold by New Tradition and/or materials or accessories becoming undone.
The content of the website has been compiled with the greatest care. However, New Tradition cannot preclude the possibility of any error or incompleteness in the information on this website. New Tradition cannot assume any liability for the consequences of incorrect or incomplete information on the website. New Tradition cannot be held responsible for any typing or misprinting errors that could communicate an incorrect selling price. In that case New Tradition will adjust the price as soon as possible.
The actual colour of the products can differ from the colours shown on the computer screens. New Tradition cannot be held responsible for variations in colours as a consequence of the quality of the computer screens.
13. FORCE MAJEURE
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of New Tradition in the fulfillment of any obligation to the customer cannot be attributed to New Tradition in any situation independent of the will of New Tradition, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from New Tradition.
The force majeure situation referred to is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which New Tradition cannot fulfill one or more obligations towards the consumer, these obligations will be suspended until New Tradition can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. New Tradition does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
14. COPYRIGHT
All information of New Tradition’s website is protected by copyright. It is illegal to copy, use or distribute any information from New Tradition’s website without first acquiring written permission. Visitors of New Tradition’s website may not claim any rights pertaining to the information on the website. None of the text or graphics from New Tradition’s websites may be partially or wholly copied or publicly used for printing, photocopying, faxing, overtyping, in an electronic database, or for any other reproduction purposes.
15. ACCEPTANCE OF GENERAL CONDITIONS
All website users are required to be aware of, and to agree with, all of the above General Conditions. By placing an order with New Tradition, the consumer automatically agrees to all of our General Conditions. New Tradition's client’s details are automatically stored in our client list
16. APPLICABLE LAW AND COMPENTENT COURT
Dutch law is exclusively applicable to all agreements between the parties. The Dutch court in the district where New Tradition is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.