Terms of use

Article 1: Definitions
The following capitalized words shall in this Agreement have the following meanings:
Terms and Conditions: these terms and conditions.
Customer: the natural person or legal entity with whom Supplier enters into an Agreement or who visits Customer’s Website.
Browser: the computer application for the use of the World Wide Web or similar forms of disclosure or making available of information.
Consumer: a natural person who does not deal in a professional or commercial capacity.
Service: all services performed by Supplier under this Agreement, and all materials and results established as a result of these services for Customer.
Form: the electronic document in which the specification of the Service or the Product is included, and/or with which a Service or Product is ordered, or with which a reservation for a Product or Service is made.
Deficiency: demonstrable failure of a Product or a Service to comply with the agreed specifications.
Intellectual Property: all rights of intellectual property and/or related rights, such as copyrights, trademark rights, patent rights, model rights, trade name rights, database rights, neigbhouring rights, as well as rights in know how.
Supplier: limitedtshirts.com, with office at Lekstraat 133 , 2515XC , The Hague, the Netherlands.
Form, and/or other conditions that have been duly made applicable to the legal relationship between Parties.
Parties: each party to the Agreement.
Product: every product that will be made available or shall be delivered by Supplier under the Agreement to Customer.
Website: the virtual place on the World Wide Web, that can be reached under the domain name www.limitedtshirts.com, through which Products and/or Services or related information are made available.

Article 2: Applicability Terms and Conditions
2.1 These Terms and Conditions are applicable to all Agreements and all (legal) acts between Supplier and Customer, also when such (legal) act does not result in, or relates to, an Agreement.
2.2 The Terms and Conditions are also applicable to all use by the Customer of the Website.
2.3 Unless specifically otherwise agreed, the applicability of other terms and conditions is explicitly excluded.

Article 3: Communication
3.1 All communications between Supplier and Customer can be made electronically, unless prohibited by the Terms and Conditions and/or the Agreement, and/or by law.
3.2 The version of all communication as recorded by Supplier shall serve as evidence of such communications, subject to counterevidence by Customer.
3.3 Electronic communications shall be deemed to be received on the day it has been transmitted, subject to counterevidence. In the event the communication has not been received as a result of problems relating to delivery or receipt in regards of the email-box of Customer, this shall be for the risk of Customer, even if the e-mailbox is hosted by a third party.

Article 4: Duty of Supplier to provide Information
4.1 Supplier shall make sure that the Terms and Conditions shall be made available (whether by electronic means or otherwise) to the Customer prior to or at the time the Agreement is entered into. Customer is responsible for recording and printing the Terms and Conditions and the Agreement.
4.2 Without prejudice to Supplier’s statutory obligations to record the Agreement and/or Terms and Conditions, the Supplier shall not be under any obligation to keep the archived Agreement or Terms and Conditions available for the Customer.
4.3 In case the Agreement has been exclusively entered into by means of exchange of electronic post or similar forms of communications, then article 4.1, first sentence shall not be applicable.
4.4 Supplier shall make the following information available through its Website:
a. name, address and registration number for the Chamber of Commerce;
b. the main characteristics of the Product or Services;
c. the price including all taxes;
d. the arrangements for payment and delivery.
e. delivery costs, where appropriate
f. the address to which the Customer may address any complaints, which will be deemed to be the address set forth in sub a. hereof, unless otherwise indicated on the Website.
4.5 The Customer is entitled, without giving any reason, to rescind the Agreement within seven days after receipt of the Product. The Customer can use this right by sending the Product to limitedtshirts.com within the aforementioned time-period to the following address: limitedtshirts.com, Lekstraat 133, 2515XC ’s-Gravenhage, The Netherlands.
The costs for sending the Product back shall be for the account of Customer. In case of a timely rescission of the Agreement, the Customer shall have the right to a repayment of the monies paid by the Customer to Supplier for the Product. The right to rescind the Agreement shall not apply for Products that have been created in compliance with Customer’s specification, for Products which are clearly personalized.
4.6 Clause 4.5 shall be applicable to Agreements for the provision of Services, unless it concerns an Agreement for the provision of Services for which the performance has begun with Customer’s consent before the end of the seven day period set forth in the first sentence of article 4.5. In case of an Agreement for the provision of Services, the seven day period set forth in article 4.5 shall commence the moment the Agreement has been concluded.

Article 5: Conclusion of Agreement
5.1 Statements of Supplier on the Website relation to the making available of Products or Services shall act as an invitation for an offer. Every Agreement shall be entered into under the condition precedent of sufficient availability of the Product or Service. The Agreement shall be concluded by the confirmation by Supplier of an order. Such confirmation can be made electronically (e.g. on the website, per email, per sms or similar technologies) or in case such agreed, in writing (by fax or letter).
5.2 Supplier shall not be bound by offers in the event the Customer should have understood that the offer, or a part thereof, contained an obvious mistake or error in writing.

Article 6 Prices and Payment
6.1 In consideration of the Products and Services ordered through the Website, Customer shall pay the price set forth in the Agreement. Payment shall be made by means set forth in the Form or set forth on the Website.
6.2 Prices are inclusive of VAT and other governmental levies. The prices set forth on the Website or elsewhere can be changed without prior notice. The price that is mentioned on the Form is binding. In case the price set forth in the Form is higher than the price on the Website of the Supplier at the time the Agreement is entered into, the Customer shall – without limiting any other rights of Customer - have the right to rescind the Agreement within two days from the date the Agreement was concluded.
6.3 In case of payment on invoice basis, the Customer must pay within 30 days after receipt of the invoice, unless the Supplier has set forth another payment terms.
6.4 In case of late payment, the Supplier shall have the right (1) without any notice being required, to charge statutory interest for the full amount due from the due date, until the payment has been received; (2) transfer the claim to a third party for collection. The Customer shall reimburse Supplier and this third party for all costs the Supplier and this third party have to make to collect the amount due, including all costs for legal assistance, costs for legal proceedings and extra-judicial costs, which for extra-judicial costs shall have a minimum of 15% of the outstanding amount. A notice may be sent electronically in case the Customer has decided for electronic payment or in case payment has been made after receipt of an electronic invoice.

Article 7 Retention of Title
All Products delivered by Supplier shall remain the property of Supplier until full payment is made under the Agreement, including interest and debt collection costs.

Article 8: Intellectual Property
8.1 All Intellectual Property in the Products or Services that Supplier has made available under the Agreement, shall remain vested in Supplier or its licensors.
8.2 In the event in Supplier’s sole discretion, it has become sufficiently certain that the Products or Services, breach a intellectual property right of a third party, then Supplier’s sole obligation, and Customer’s sole remedy, shall be to decide (in Supplier’s sole discretion) to (i) ensure that the Customer shall have the continued right to use the Product or Service, or (ii) suspend the delivery of the Products or Services and reimburse to Customer the amounts already paid, or (iii) have the Customer return the Products at the costs of Supplier and reimburse to Customer the amounts already paid, or (iv) make (in Supplier’s reasonable opinion) similar Products or Services available. All other liability or obligation to perform shall be excluded.

8.3 Supplier shall indemnify Customer against all claims of third parties that the Products and Services made available under the Agreement breach Intellectual Property in The Netherlands or Belgium, on the conditions that the Customer immediately informs Supplier about the existence of the claim and the Customer shall give Supplier full freedom to conduct negotiations concerning the claim, or a possible settlement, and/or to conduct the defense in case of legal proceedings. Customer shall be obliged to give all necessary information and cooperation as is reasonably necessary in relation to the above. The indemnification shall no longer apply in case the claimed breach is caused by a modification in the Products or Services that have been made by Customer or by a third party on Customer’s behalf, or if the Products or Services are used for other purposes than for which they have been developed.

Article 9 Privacy
9.1 Customer shall have to take notice of Supplier’s privacy statement and Customer shall be deemed to have accepted the processing of personal data described therein.
9.2 Supplier processes the personal data of Customer, including the data concerning Customer use of the Website, such as visited page, time spent on different parts of the Website, the Internet address of the website from which the Customer arrived at the Website, and the Products and Services that Customer has ordered. Supplier shall record this data in a database that shall be inter alia used for the performance of the Agreement, including measures to enhance the service provision to Customer or to provide offers or information to Customer.
9.3 Customer shall upon request be granted access to the data that Supplier has collected about the Customer and may correct any mistakes. Customer has the right to request Supplier to delete all records of Customer or block access to such records. Supplier shall respond to such request within four weeks, after weighing all the interest of Supplier and the privacy interest of Customer, and shall, in case it decides to delete or block access to the records, inform Customer how this will limit or prevent Customer from use of the Products, Services and/ or Website.

Article 10 Guarantees
10.1 Deficiencies that are communicated to Supplier within thirty days after receipt of the Products, or start of the performance of the Services, shall (in Customer’s sole discretion) be corrected or replaced without any costs, unless the Deficiencies are the fault of the Customer.

Article 11: Liability
11.1 Supplier shall in no event be liable for any indirect damage of Customer or third parties, including consequential damages, lost revenue or profit, loss of data, and immaterial damage, pertaining to or arising out of the Agreement, or the use of the Product or the Services.
11.2 Supplier’s liability, however arisen, per event (whereby a connected series of events shall count as one event) shall be limited to the amounts actually paid by Customer in the calendar year in which the event occurred, excluding VAT.

Article 12 Termination
12.1 In case of a (temporary) suspension of payment, insolvency, discontinuation of the business of a Party, then the other Party shall have the right to fully or partly rescind the Agreement, without prejudice to the other available rights and without being liable for any damage.
12.2 In case of a rescission of the agreement under clause 12.1, the claims of the rescinding party vis-à-vis the other party shall become immediately and fully due.
12.3 In case of a termination of the agreement under clause 12, the following obligations shall survive the termination:
- amounts due;
-Intellectual Property; and
- Liability.

Article 13: Miscellaneous
13.1 Changes to the Agreement, and/or the Terms and Conditions are only valid in case these have been agreed in writing or electronically.
13.2 To these Terms and Conditions and the Agreement, Dutch law shall apply. The rules in the Dutch Civil Code relating to general terms and conditions shall not apply in relation to Customers that are not Consumers that are located outside the Netherlands.
13.3 Supplier is entitled (in its sole discretion) to engage the services of third parties in relation to the performance of the Agreement.
13.4 If any provisions of this Agreement are or will be void or invalid, the remaining provisions of this Agreement will remain in full force and effect.
13.5 All disputes arising out of or concerning the Agreement or the Terms and Conditions shall be exclusively submitted to the court of The Hague, the Netherlands.
13.5 The applicability of the Vienna Treaty for the Sale of Goods1980 is expressly excluded.