TERMS AND CONDITIONS B2C

General terms and conditions The Future is Ours
Below you will find our general terms and conditions. These are always applicable when you use or place an order through our website and contain important information for you as a buyer. Therefore carefully read the general terms and conditions. We recommend you further to these conditions to save or print, so you can read them at a later time.

 

Definitions

  1. Spectre Collective based in Eindhoven and registered with the Chamber of Commerce under registration number 56472498 trading as The Future is Ours.
  2. Website: the website of The Future is Ours, can be found on www.thefutureisourskids.com and all of its sub domains.
  3. customer: the natural person not acting in course of a profession or business that enters into an agreement with The Future is Ours and/or registered on the Website.
  4. Agreement means any appointment or agreement between Customer and The Future is Ours, the general terms and conditions of any agreement integral part.
  5. General conditions: these general conditions.

 

Applicability general terms and conditions

  1. On all offers, agreements and deliveries of The Future is Ours general terms and conditions apply, unless otherwise explicitly agreed upon in writing.

 

Pricing and information

  1. All prices on the Website of The Future is Ours include taxes and other levies imposed by the Government.
  2. If shipping is charged, this will clearly be, in good time before concluding the contract mentioned. In addition, these costs will be displayed separately in the ordering process.
  3. The content of the Website is with the greatest care. The Future is Ours cannot, however, guarantee that all information on the website is correct and complete at all times. All prices and other information on the Website and in other of The Future is ours-derived materials are subject to obvious programming and typing errors.
  4. The Future is Ours cannot be held responsible for defects (color) as a result of display quality.

 

Establishment Agreement

  1. The agreement will be concluded at the moment of acceptance by the customer of the offer of The Future is Ours and complying with the conditions laid down by The Future is Ours.
  2. If Customer has accepted the offer by electronic means, confirms The Future is Ours by electronic means without delay the receipt of the acceptance of the offer. Until receipt of this acceptance has not been confirmed, the customer has the possibility to dissolve the agreement.
  3. If it is found that, in accepting or otherwise entering into the agreement by customer has provided incorrect data, The Future is Ours has the right to change her obligation after the correct data is received.

 

Registration

  1. To make the best use of the Website, Customer can register via the registration form on the Website.
  2. During the registration process, Customer chooses a user name and password with which he once registered can log in to the Website. Customer is solely responsible for choosing a sufficiently reliable password.
  3. Customer submits his login credentials his user name and password to keep strictly confidential. The Future is Ours shall not be liable for any misuse of the login credentials and should always assume that a customer who logs on to the Website actually is a customer. Everything that is done via the account of customer is the responsibility and the risk of the customer.
  4. If customer knows or suspects that his login credentials have come into the hands of unauthorized log-in data, he has to change his password as soon as possible and/or to inform The Future is Ours, so that The Future is Ours to take appropriate action.

 

Implementation Agreement

  1. Once the order has been received by The Future is Ours, The Future is Ours sends the products in accordance with the laid down in paragraph 3 of this article as soon as possible.
  2. The Future is Ours is entitled to enable third parties to carry out the obligations arising from the agreement.
  3. On the Website becomes clear, in good time before concluding the contract described how delivery will take place and the period within which the products will be delivered. If no delivery date has been agreed upon or is mentioned, then will be delivered products in any case within 30 days.
  4. If The Future is Ours is not able to deliver the products within the agreed time limit, they will inform the Customer. Customer can agree to a new delivery date or he gets the ability to dissolve the agreement free of charge.
  5. The Future is Ours encourages customer to inspect the delivered products and report when defects are found within 3 days of receipt by email. See further the article on warranty and compliance.
  6. As soon as the products have been delivered at the specified delivery address, the risk is transferred to the customer.

 

Right of dissolution, return policy, right of withdrawal

  1. Customer has the right to cancel the remote contract free of charge with The Future is Ours within 14 working days after receipt of the product, without giving any reason. The shipping costs for the return shipment shall be borne by customer. Customer must return the package itself.
  2. Within the dissolution time limit referred to in paragraph 1, Customer will handle the product and the packaging with care. Customer shall only open the packaging and use the product only to the extent the nature, characteristics and fit of products.
  3. Customer may dissolve the contract in accordance to paragraph 1 of this article by returning the product to The Future is Ours within the time limit laid down in paragraph 1, or need to inform The Future is Ours within the time limit that he will send the product back, after which he will return the product as soon as possible.
  4. Amounts paid by customer (forward) will as soon as possible but no later than 14 days after dissolution and after return receipt of the goods be refunded to customer, minus the shipping costs incurred.
  5. Returns are only accepted if the packaging of the product and the product is undamaged, unworn and in new condition, also applies that the risk and cost for return shipping for account of the customer.
  6. If we have not received the returned product within 14 working days after dissolution, the return policy automatically expires. Unless you can prove that you sent the product within the prescribed time period through a tracking number with the vendor’s address.
  7. Exchange: If you want to exchange the ordered item in another size and/or product, the recreated shipping costs incurred by us will not be invoiced.
  8. When your order amount is above € 90,00 in the Netherlands, no shipping fee will be charged. However when it appears that products of the same order are returned, bringing the total order amount below the € 90,00 the shipping costs incurred will be deducted from the refund amount to credit.

 

Payment

Customer should make payments to The Future is Ours in the ordering procedure and possibly on the Web site to comply with payment methods. The Future is Ours is free in the choice of offering payment methods and these can also change from time to time.

 

Guaranteed

The future is ours does not provide guarantees to the buyer. Complaints due to visible defects shall be completed no later than within 3 (three) business days after receipt of the goods. Complaints must be submitted by email.

 

Complaints procedure

  1. If a customer has a complaint about a product (in accordance with Article warranty) of The Future is Ours, he can email his complaint to The Future is Ours. See the contact information at the bottom of the general terms and conditions.
  2. The Future is Ours gives the customer as soon as possible, but in any case within 2 working days after receipt of the complaint, a response to his complaint.

 

Intellectual property

  1. All intellectual property of displayed information, pictures, communications or other expressions concerning the products and/or in connection with the website are owned by The Future is Ours, its suppliers or other copyright holders.
  2. Under intellectual property rights “means patent, copyright, trademark and designs rights and/or other intellectual property rights.
  3. It’s not allowed to use and/or changing the intellectual property rights as described in this article.

 

Personal data & Privacy

The Future is Ours respects the privacy of its customers and ensures that the personal information you provide is treated confidentially. We use your information to process the orders as quickly and easily as possible. The Future is Ours will not sell or make your personal information available to third parties.

 

Cookie statement

We use cookies. A cookie is a simple small file that with pages of this website [and/or Flash applications] is sent and is stored by your browser on your hard drive of your computer. The information contained in it may be returned to our servers again next time you visit the site. This information will help the web services and your user experience of the website will be improved. Cookies will not bring the security of your computer in danger. If you don’t want cookies, you can remove it from your computer. To do this, go to ‘ Internet Options ‘ in your browser.

 

Final provisions

  1. In this contract the Dutch law shall apply.
  2. As far as not otherwise required by rules of imperative law, all disputed which may arise from the agreement will be submitted to the competent Dutch court in the district in which The Future is Ours is established.
  3. If any provision of these terms and conditions is found to be void, it will not affect the validity of the whole generals terms and conditions. Parties will in that case to replace (a) new provision(s) to determine, that as much as legally possible is shaped to the intent of the original provision.
  4. In these general conditions under “writing” we also mean the communication by e-mail and fax, provided that the identity of the sender and the integrity of the email is enough established.

 

Contact details

If after reading these general terms and conditions you still have questions, complaints or comments, please feel free to contract us in writing of by e-mail.
The Future is Ours, Strijp S, Apparatenfabriek, torenallee 28, 5617 BD Eindhoven, The Netherlands.

E. backoffice@spectre.nu,
T. +31(0)40 213 62 60

TERMS AND CONDITIONS B2B

General conditions of sale of Spectre Collective B.V.

1. The following conditions apply to all sales offers and supplies.
They are binding on both parties with the exclusion of other deviating conditions laid down by the buyer, unless the seller in writing accepts those conditions. The placing of an order by the buyer implies that the buyer is aware of these conditions and accepts them without reservation.

2. Dutch law shall govern all agreements concluded under the terms of these conditions. All disputes arising from such agreements shall be settled to the competent court in ‘s-Hertogenbosch. The seller may, however, elect to submit a dispute with the buyer for adjudication in the place where buyer’s business is registered or where buyer is officially domiciled, and may elect whether or not the law of the country where the buyer is registered/domiciled shall apply.

3. All offers are without engagement unless otherwise agreed in writing.

4. Delivery and risks will transpire at the moment of transfer of the goods to a professional carrier, or, in the event that the goods are collected by the buyer or delivered by the seller, at the moment of receipt of the goods by the buyer or delivery to the buyer’s warehouse or store. Transport of the goods to the Dutch border will be for seller’s account. Outward customs clearance will be for the buyer’s account. When delivery depends at buyer’s call and the buyer fails to call the goods, the date of delivery shall be taken to be the last date of the agreed term of call/delivery.

5. Upon expiry of the (agreed) term or date of delivery a post-delivery term of 4 weeks automatically comes into effect.

6. The seller has the right to cancel all orders, either wholly or partly, at his own discretion and without judicial intervention of the legal authorities, or to demand payment in advance for deliveries still to be made, if:
a. He is unable to cover or cover sufficiently the credit risks ensuring from the said order(s) with an insurer of his own choice;
b. The financial position of the buyer deteriorates before the order(s) has/have been executed.

7. a. Claims are only valid if they are made in writing with a clear description of the complaint and are submitted to the seller within 2 weeks of receipt of the goods, and provided the goods are still in the state in which they were delivered.
b. Slight deviations in quality, colour, size, weight, finish, design, etc. permissible in the trade and/or technically unavoidable shall constitute no reason for complaint.
c. In the event of justifiable claims, the seller has the choice of either crediting the goods or repairing or replacing them within thirty days after receipt of the returned goods.

8. If the goods are not supplied, not supplied on time or not supplied correctly, the buyer may not claim damages unless the same are the consequence of a deliberate action or gross negligence
on the part of the seller.

9. a. Payment of the purchase price shall be effected in Eindhoven, the Netherlands, to an account to be indicated by the seller.
b. Payments are always taken as settlement of the oldest due receivables.
c. In the event of payment through a bank, the date of payment shall be deemed to be the date the
due amount is credited to the seller’s account. If payment is made by cheque, the date of payment shall be the date on which the seller cashes the cheque.
d. The buyer who has not paid by the due date at the latest shall be deemed to be in default vis-à-vis the seller without any notice of default being required.
e. Any delay in payment shall require the buyer to pay interest at a maximum rate of 5% per month or part of a month, in addition to a fixed compensation totalling no more than 15% of the invoice amounts which remain unpaid or were not paid on time, in accordance with accepted trade practices in the buyer’s own country.
f. If the buyer fails to pay on time, the seller shall be entitled to demand cash payment in advance for all deliveries yet to be effected or to demand a guarantee that payment will be made on time. He shall also be entitled to cancel the contract, either wholly or partly, or to suspend further execution of the order until all due invoiced amounts have been settled.

10. All goods supplied remain the property of the seller until all the invoices – including those
not yet due – have been paid in full. For as long as the seller still has amounts payable
outstanding he shall be entitled to recall the goods and the buyer is not entitled to transfer
the seller’s goods in any form whatsoever (including as surety) to third parties nor to give
them to third parties on consignment. In the case of recalled goods, the buyer will be
credited for the same at the market value of the said goods on the date of recall.

11. Circumstances of force majeure which delay or prevent the delivery of the goods shall release the seller from his duty to make delivery on time and shall in no way be a reason to make the seller liable. By force majeure is understood, every circumstance beyond the seller’s control, such as, but not exclusively: war, riots, strikes, government measures, events of any kind that disrupt seller’s production, disruptions in the normal supply of raw materials and ancillaries to the seller, and hold-ups in the transport of the products by the means of transport chosen by the seller.

12. Seller has the right to sell to third parties not accepted or received back articles of clothing’s, provided with identifying marks of buyer in any way whatsoever in case removal of such marks will lead to damage to and/or decrease in value of the articles concerned.