Terms and Conditions

Fiksu

E-mail: talk-to-us@fiksu.clothing
Website: www.fiksu.clothing

Article 1 - Definitions

Fiksu: Tex.Vision BV, located in Hechtel-Eksel, Enterprise number 0695854541, VAT number: BE0695854541.
Customer: the party with whom Fiksu has entered into an agreement.
Parties: Fiksu and the Customer collectively.
Consumer: a Customer who is also an individual and acts as a private person.

Article 2 - Applicability

These terms and conditions apply to all quotations, offers, work, orders, agreements, and the provision of services or products by or on behalf of Fiksu.
Fiksu and the Customer may only deviate from these terms and conditions if it is agreed in writing.
Fiksu and the Customer expressly exclude the applicability of the Customer's or other general terms and conditions.

Article 3 - Prices

Fiksu uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
Fiksu may change the prices of its services and products on its website and in other communications at any time.
Increases in the cost prices of products or parts thereof, which Fiksu could not have foreseen at the time of the offer or the conclusion of the agreement, may lead to price increases.
The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a legal regulation.

Article 4 - Samples and Models

When the Customer has received a sample or model of a product, he or she cannot derive any other rights from it than that it is an indication of the nature of the product, unless it is agreed in writing that the delivered products correspond to the sample or model.

Article 5 - Payments and Payment Term

Fiksu may request an advance payment of up to 50% of the agreed amount when entering into the agreement.
The Customer must make a payment within 1 month after delivery.
The payment terms used by Fiksu are strict payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment term, he or she is automatically in default and in breach, without Fiksu having to send a reminder to the Customer or declare a breach.
Fiksu may make delivery dependent on immediate payment or may require security for the total amount of the services or products.

Article 6 - Consequences of Late Payment

If the Customer does not pay within the agreed term, Fiksu may charge the legal interest of 2% per month for non-commercial transactions and the legal interest of 8% per month for commercial transactions from the day the Customer is in default, with a portion of a month being counted as a whole month.
In case of liquidation, bankruptcy, attachment, or suspension of payments on the part of the Customer, Fiksu's claims against the Customer become immediately due and payable.
If the Customer refuses to cooperate in the execution of the agreement by Fiksu, he or she must still pay the agreed price.

Article 7 - Right of Reclamation

When the Customer is in default, Fiksu may invoke the right of reclamation with regard to the unpaid products delivered to the Customer.
Fiksu uses its right of reclamation by sending written or electronic notice to the Customer.
Once the Customer has been notified of the right of reclamation, the Customer must immediately return the relevant products to Fiksu, unless otherwise agreed in writing.
The Customer pays the costs for collecting or delivering the products in paragraph 3.

A consumer may cancel an online order without giving reasons within 14 days of receiving the product.
An online order may be cancelled after 14 days in accordance with paragraph 5 if the Customer is in default in accordance with paragraph 3.

Article 8 - Complaints

The Customer must report any visible defects, damage, and/or inaccuracies in products delivered immediately upon receipt of the products, in writing, by email, or by telephone to Fiksu.
Any defects or inaccuracies that cannot reasonably be discovered immediately upon receipt must be reported in writing to Fiksu as soon as possible after discovery but no later than 2 months after receipt.
Complaints about the services or products of Fiksu do not suspend the payment obligation of the Customer.
The Customer is not entitled to dissolve the agreement or to claim damages if the Customer did not make a complaint within the specified period.

Article 9 - Delivery

Fiksu determines the method of packaging and shipment.
The Customer must take delivery of the products at the moment they are delivered to the Customer or at the moment the products are made available to the Customer in accordance with the agreement.
If the Customer refuses to take delivery or fails to provide information or instructions necessary for delivery, the products will be stored at the risk of the Customer.
Additional costs, including storage costs, resulting from the failure to take delivery will be borne by the Customer.

Article 10 - Warranty

Fiksu guarantees that the products meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability, and the legal requirements and regulations existing on the date of the conclusion of the agreement.
The Customer must check the delivered products immediately upon receipt. If the products do not comply with the agreement, the Customer must notify Fiksu of this as soon as possible and in any case within 14 days after the products are delivered.
If it is demonstrated that the products do not comply with the agreement, Fiksu has the option to replace the products with new products after return or to refund the invoice value.

Article 11 - Cancellation

A consumer may cancel an online order without giving reasons within 14 days of receiving the product.
An online order may be cancelled after 14 days in accordance with paragraph 5 if the Customer is in default in accordance with paragraph 3.

Article 12 - Force Majeure

In addition to what is understood by force majeure in the law and jurisprudence, force majeure for the purposes of these terms and conditions is understood to mean all external causes, foreseen or unforeseen, over which Fiksu cannot exercise any influence, but which prevents Fiksu from fulfilling its obligations.
Work strikes in the company of Fiksu are also understood to be force majeure.
During the period of force majeure, the obligations of Fiksu are suspended. If the period of force majeure lasts longer than 2 months, both Parties are entitled to dissolve the agreement, without any obligation to pay compensation to the other party.

If Fiksu has partially fulfilled its obligations at the time of the commencement of force majeure or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the deliverable part separately and the Customer is obliged to pay this invoice as if it were a separate agreement.

Article 13 - Applicable Law and Disputes

Only Belgian law applies to the agreements between Fiksu and the Customer to which these general terms and conditions relate.
The court in the district where Fiksu is located has exclusive jurisdiction to hear disputes between the Parties, unless the subdistrict court has jurisdiction.
The Parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.

Article 14 - Amendment of Terms and Conditions

Fiksu may change or supplement these terms and conditions. Changes also apply to agreements already concluded with due observance of a period of 30 days after notification of the change.
If the Customer does not want to accept a change, he or she can terminate the agreement from the date of the change.

Article 15 - Registration

Delivery takes place while stocks last. Delivery takes place at Fiksu, unless otherwise agreed. Delivery of online ordered products takes place at the address specified by the Customer. If the Customer does not pay the agreed amounts or does not pay them on time, Fiksu may suspend its obligations until the Customer pays. Late payment constitutes default, and the Customer cannot object to delayed delivery by Fiksu.

Article 16 - Delivery Time

Fiksu's delivery times are indicative. If a later delivery occurs, the Customer cannot claim any rights unless otherwise agreed in writing. The delivery time starts when the Customer has completed the ordering process and received confirmation from Fiksu. The Customer is not entitled to compensation or the right to cancel the agreement if Fiksu delivers later than agreed. The Customer can cancel the agreement if it is agreed in writing or if Fiksu cannot deliver within 14 days after a written request or if the Customer and Fiksu agree otherwise.

Article 17 - Actual Delivery

The Customer must ensure that the actual delivery of their ordered products can take place on time.

Article 18 - Transport Costs

The Customer is responsible for paying the transportation costs unless the Customer and Fiksu have agreed otherwise in writing.

Article 19 - Packaging and Shipping

If the packaging of a delivered product is opened or damaged, the Customer must have this noted by the carrier before accepting the product. If the Customer fails to do so, they cannot hold Fiksu liable for any potential damage. If the Customer arranges the transport of a product themselves, they must report any visible damage to the products or packaging to Fiksu before transportation. If the Customer fails to do so, they cannot hold Fiksu liable for any potential damage.

Article 20 - Storage

If the Customer takes delivery of ordered products later than the agreed delivery date, they bear the risk of any potential loss of quality. Any additional costs due to early or late acceptance of products are the responsibility of the Customer.

Article 21 - Warranty

The warranty for products only applies to defects caused by faulty manufacturing or construction or faulty materials. The warranty does not apply to: - Normal wear and tear - Damage caused by accidents - Damage resulting from alterations made to the product - Damage due to negligence or improper use by the Customer - Cases where the cause of the defect cannot be clearly determined The risk of loss, damage, or theft of products covered by an agreement between the parties passes to the Customer when they are legally and/or factually delivered, or come into the possession of the Customer or a third party receiving the product on behalf of the Customer.

Article 22 - Exchange

The Customer is allowed to exchange a purchased item under the following conditions: - Exchange takes place within 30 days of purchase, and the Customer can provide the original invoice. - The product is returned in its original packaging with the attached original price tag and all hangtags in the original condition. - The product has not been used. Discounted items, perishable products, custom-made items, or items specially adapted for the Customer cannot be exchanged.

Article 23 - Indemnification

The Customer indemnifies Fiksu against all claims from third parties related to the products and/or services provided by Fiksu.

Article 24 - Complaints

The Customer must examine a product or service delivered by Fiksu for any deficiencies as soon as possible. If a delivered product or service does not meet the Customer's reasonable expectations, the Customer must notify Fiksu within one month of identifying the deficiency. A consumer must notify Fiksu within two months of identifying the deficiency. The Customer must provide a detailed description of the deficiency so that Fiksu can respond appropriately. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Fiksu. If a complaint pertains to ongoing work, the Customer cannot demand that Fiksu performs different work than agreed.

Article 25 - Notice of Default

The Customer must make any notice of default in writing to Fiksu. The Customer is responsible for ensuring that their notice of default reaches Fiksu on time.

Article 26 - Customer's Liability

When Fiksu enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the obligations in that agreement.

Article 27 - Fiksu's Liability

Fiksu is only liable for damage suffered by the Customer if that damage is caused by intent or willful recklessness. When Fiksu is liable for damage, it is limited to direct damage related to the execution of an underlying agreement. Fiksu is not liable for indirect damage, such as consequential damage, lost profits, or damage to third parties. If Fiksu is liable, this liability is limited to the amount paid out by a (professional) liability insurance policy. If no insurance is taken out or no damage amount is paid, liability is limited to the (portion of the) invoice amount to which the liability relates. All images, photos, colors, drawings, and descriptions on the website or in a catalog are indicative and do not entitle to any compensation, dissolution, or suspension.

Article 28 - Expiry Period

Any right of the Customer to claim compensation from Fiksu expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provision in Article 6:89 of the Belgian Civil Code.

Article 29 - Termination

The Customer may cancel the agreement if Fiksu materially breaches its obligations, unless this breach does not justify termination due to its special nature or minor significance. If Fiksu can still fulfill its obligations, termination can only take place after Fiksu is in default. Fiksu may cancel the agreement with the Customer if the Customer does not fully or timely fulfill their obligations under the agreement, or if Fiksu becomes aware of circumstances that give it good reason to believe that the Customer will not fulfill their obligations.

Article 30 - Force Majeure

In addition to Article 6:75 of the Dutch Civil Code, a breach by Fiksu cannot be attributed to Fiksu when there is force majeure. Force majeure includes, among other things: - An emergency, such as a civil war or natural disaster - Default or force majeure of suppliers, delivery people, or others - Power, electricity, internet, computer, or telecom outages - Computer viruses - Strikes - Government measures - Transportation problems - Bad weather conditions - Work stoppages When a situation of force majeure arises that prevents Fiksu from fulfilling one or more of its obligations to the Customer, those obligations will be suspended until Fiksu can fulfill them. When a situation of force majeure has lasted for at least 30 calendar days, both the Customer and Fiksu may cancel the agreement in full or in part in writing. In a situation of force majeure, Fiksu is not obliged to compensate the Customer, even if Fiksu benefits from the situation.

Article 31 - Amendment of the Agreement

If it is necessary to amend a closed agreement for its execution, the Customer and Fiksu may adjust the agreement. This does not apply to products that the Customer has purchased in a physical store.

Article 32 - Amendment of General Terms and Conditions

Fiksu may amend these general terms and conditions. Minor changes can always be implemented by Fiksu. For significant changes, Fiksu will discuss them with the Customer as much as possible. In the case of a significant change to the general terms and conditions, a consumer may terminate the underlying agreement.

Article 33 - Transfer of Rights

The Customer may not transfer rights from an agreement with Fiksu to others without written consent from Fiksu. This provision is considered a stipulation with property law effects, as defined in Article 3:83, paragraph 2 of the Dutch Civil Code.

Article 34 - Consequences of Nullity or Voidability

If one or more provisions of these general terms and conditions are declared null or void, this does not affect the other provisions of these terms. A null or void provision will be replaced by a provision that most closely approximates Fiksu's intentions when drafting the conditions on that point.

Article 35 - Applicable Law and Competent Court

Belgian law applies to these general terms and conditions and any underlying agreement between the Customer and Fiksu. The court in the district where Fiksu is located has exclusive jurisdiction to hear any disputes between the Customer and Fiksu, unless the law specifies otherwise. Prepared on November 1, 2023.