Article 1 - Definitions

 

In these Terms and Conditions, the capitalized words below shall have the following meanings.

–        Supplemental agreement: an agreement whereby the customer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by Peakout or by a third party on the basis of an arrangement between that third party and Peakout;

–        Terms and Conditions: this set of general terms and conditions applicable to the Agreement, which contains agreements and regulations that primarily relate to Peakout's relationship with the customer;

–        Reflection period: the period within which a Consumer may exercise his right of withdrawal;

–        Consumer(s): the customer (natural person) not acting in the exercise of a profession or business;

–        Day(s): calendar day(s);

–        Digital content: data produced and delivered in digital form;

–        Durable data medium: any device - including e-mail - that enables the customer or Peakout to store information addressed personally to them in a way that permits future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that permits unaltered reproduction of the stored information;

–        Right of Withdrawal: the ability of a Consumer to waive the Distance Contract within the Reflection Period;

–        Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;

–        Agreement: the arrangements made by Peakout with the Customer in relation to the Product. The General Conditions apply to this agreement;

–        Remote Agreement: an agreement concluded between Peakout and a customer within the framework of an organized system for the distance sale of products, digital content and/or services, which, up to and including the conclusion of the agreement, makes exclusive or joint use of one or more techniques for distance communication;

–        Product(s).: the products Peakout sells, such as clothing for tall men and women;

–        Written: Wherever in the General Terms and Conditions written is used, this expressly includes by e-mail;

–        Peakout: the customer's counterparty, as further defined under Art. 2; -             Website: www.peakout.shop;

–        Business customer(s): The customer of Peakout who is not a Consumer (read; business customer(s)).

 

Article 2 - Peakout gegevens

 

Peakout B.V. Address:

Chamber of Commerce number: E-mail:

Segment 3, Mailbox number D8081, 6921 RC DUIVEN 95318844

privacy@peakout.shop

 

Article 3 - Applicability

  1. The General Terms and Conditions apply to every offer made by Peakout and to every Agreement concluded between Peakout and the customer.
  2. Before the Distance Contract is concluded, the text of these General Terms and Conditions will be made available/presented to the customer electronically, in such a way that it can be easily stored by the customer on a Durable Data Carrier. If this is not reasonably possible or will not be done, prior to the conclusion of the Distance Contract, it will be indicated where the General Terms and Conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the customer's request.
  3. The provisions of these General Terms and Conditions may only be deviated from in writing, in which case the remaining provisions shall remain in full force and effect.
  4. All rights, indemnities and claims as stipulated in the General Conditions for the benefit of Peakout are equally stipulated for the benefit of third parties, employees and/or auxiliary persons (such as freelancers and/or contractors) engaged by Peakout.

 

Article 4 - The supply

  1. The offer/all offers are valid up to and including 14 days from the offer date, unless the offer (or other written agreements) indicates otherwise.
  2. The offer shall contain a full description of the Products to be delivered and Services to be performed, the (purchase) price and the terms of payment. Obvious mistakes or obvious errors in the offer shall not bind Peakout.
  3. The customer already gives Peakout the right in advance, without needing (at a later time) the express consent of the customer, to transfer the entire Agreement, or parts thereof, to third parties.
  4. During the validity period stated in the offer, the prices of the Products will not be increased, except for price changes due to changes in VAT rates

 

Article 5 - The Agreementst

  1. In principle, the Agreement is established at the time of acceptance by the customer of the offer or the fulfillment of the conditions set forth therein.
  2. Since the Agreement is concluded electronically, Peakout shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. Peakout will also observe appropriate security measures for electronic payment. Peakout's Privacy Statement (available on our Website) contains more information on how Peakout handles personal data.
  3. Price reductions after the conclusion of the Agreement due, for example, to promotions or discounts do not entitle the customer to a price reduction.

 

Article 6 - Ver obligations Peakout

  1. Peakout will deliver the Products properly, soundly and as agreed in the Agreement.
  2. Peakout shall comply with the then current legal requirements in the delivery of Products.

 

Article 7 - Complaint Resolution

  1. Complaints about the performance of the Agreement or the Product must be submitted to Peakout at klantenservice@peakout.shop within a reasonable time after the customer has experienced problems, fully and clearly described, but in any case within 14 days after delivery. If the customer has not complained within this period, it is assumed that the Agreement has been performed as may be expected.
  1. The complaint should include as detailed a description of the deficiency as possible with pictures so that Peakout may be able to respond appropriately.
  2. Complaints submitted to Peakout will be answered within a period of 7 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Peakout will respond within the 7-day period with a notice of receipt and an indication of when the customer can expect a more detailed response.
  3. In any event, the customer must give Peakout 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises which is amenable to the dispute resolution procedure.

 

Article 8 - Obligations and verantwoordities customer

  1. Customers must follow the instructions and directions of Peakout or third parties engaged by it.
  2. Damages incurred by the customer due to failure to comply with given instructions and the obligations of this article shall be for his/her own account, apart from intentional or deliberate recklessness on the part of Peakout.
  3. All intellectual property rights relating to the website, the clothing collection offered, the designs, texts, images, logos, trade names and other content (hereinafter “IP rights“) rests solely with Peakout.
  4. The customer is not permitted, without Peakout's prior written consent:
  5. a) Copy, reproduce or use elsewhere Product designs, sizes or models for commercial purposes;
  6. b) Use, publish or modify any trademarks, logos or visual material of [Shop Name];
  7. c) Copy, disclose, store or distribute any content of the website, including text, images or code, in whole or in part, other than as strictly necessary for the use of the website in the context of an order.
  8. Any infringement of Peakout's IP rights entitles it to take legal action and claim damages.

 

Article 9 - De delivery

  1. The place of delivery shall be the address made known to Peakout by the customer.
  2. The price for the Product does not include shipping costs unless expressly stated otherwise.
  3. Peakout will endeavor to ensure that Products are delivered within 3-5 working days from the time of order within the Netherlands. Any promises regarding the speed of delivery are intended as an indication and not a guarantee, as Peakout depends on third parties for delivery.
  4. The delivery time is an assumed delivery time. If no delivery time is agreed upon, a fixed delivery time of 30 days applies to a consumer purchase.
  5. If the expected delivery time is not met, the customer shall give Peakout an additional reasonable period of time to still deliver.
  6. If the additional period or the fixed agreed delivery time is exceeded, the customer may rescind the agreement without notice of default or judicial intervention and/or claim damages.
  7. If the delivery of the Product or performance of the Service is delayed due to circumstances that are at the Customer's risk, the delivery period shall be reasonably extended. If delivery is made more difficult through the fault of the Customer (for example, by ordering without providing a name), this shall also be at the Customer's risk and expense.

 

Article 10 - Transportation and episode

  1. Peakout shall bear the risk of damage and loss in transit until the time of delivery to the Consumer or a previously designated representative, unless otherwise expressly agreed.
  2. If visible damage is detected by the customer after delivery, the customer must report it to Peakout as soon as possible, but in any case within 3 days.

 

Article 11 - Betaling, interest and collection

  1. The customer must complete his/her payment obligation at the time of ordering, e.g. via iDeal. If this is not the case, the customer shall owe the invoice amount to Peakout no later than 14 days after receiving the invoice by e-mail, unless otherwise unambiguously stated in the quotation/invoice. Any complaints or claims do not suspend the payment obligation.
  2. If the customer fails to make payment within the (fatal) term of payment, then the customer is legally in default without further notice.
  3. Before Peakout proceeds to the collection of the amount due it will first send to a Consumer another payment reminder in which it reminds the Consumer of his default. If the Consumer has not paid the amount due in full despite the reminder to do so, Peakout is entitled to collect the amount due. In that case the Consumer shall, in addition to the statutory interest, also owe Peakout (collection) costs. These costs are limited to a maximum of the percentage of the principal sum permitted by law and regulations (see the BIK graduated scale).
  4. Peakout has the right to apply the payments made by the customer firstly to reduce the (collection) costs, then to reduce the interest due and finally to reduce the principal sum and current interest.

 

Article 12 - The right of withdrawal and annuleather

  1. If the right of withdrawal does not apply, cancellation is in principle not possible. If a Consumer then cancels, Peakout is not obliged to accept this cancellation.
  2. The Consumer may rescind an Agreement, if not exempted from the right of withdrawal, regarding the purchase of a Product - whether or not combined with a service - during a cooling-off period of 14 days without giving reasons.
  3. This cooling-off period commences on the day after the Product is received by the Consumer. In the case of multiple partial deliveries from one order, the cooling-off period begins the day on which the last partial delivery is received by or on behalf of the Consumer.
  4. If Peakout has not provided the legally required information on the right of withdrawal or the model withdrawal form, and the right of withdrawal applies, the cooling-off period expires 12 months after the end of established cooling-off period. Once Peakout still provides the said information, the cooling-off period expires 14 days after the day on which the Consumer has still received that information.

 

Ver obligations from the Cusument during the bethinking time

  1. During the reflection period, the Consumer shall handle the Product and its packaging with care. He shall unpack or use the Product only to the extent necessary to establish the nature, characteristics and operation of the Product. In the case of a garment, the Consumer may only handle and inspect the Product as he would be permitted to do in a store. The tags must not be removed, the Product must remain clean and undamaged, and the original packing must be retained as far as possible.
  2. If the Consumer goes beyond the above, he is liable for depreciation of the Product.
  3. The Consumer shall not be liable for depreciation of the Product if Peakout has not provided him with the mandatory information on the right of withdrawal before or at the time of concluding the contract.

Uitoefening from the heyrroepingsrecht door the Consumer and cost daar of

  1. As soon as possible, but within 14 days from the day after this notification, the Consumer shall return the Product, or hand it over to (an authorized representative of) Peakout. This is not necessary if Peakout has offered to collect the Product itself. The Consumer has returned in time if he returns the Product before the cooling-off period has expired.
  2. The Consumer shall return the Product with all delivered accessories, as far as possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Peakout.
  3. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
  4. In a distance contract, the Consumer bears the direct cost of returning the Product.
  5. If the Consumer revokes after having first expressly requested to start performing the Service during the withdrawal period, the Consumer shall pay for the performed Service until the moment of revocation.
  6. The Consumer bears no cost for the performance of services if:
  7. a. Peakout has not provided the Consumer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form; or
  8. b. the Consumer has not expressly requested the commencement of performance of the service.
  9. Upon revocation, all additional agreements shall be dissolved.

 

Ver obligations from Peakout at revocation

  1. If Peakout allows withdrawal by the Consumer by electronic means, it will send an acknowledgment of receipt immediately upon receipt.
  2. Peakout will refund the payments due to the Consumer, including calculated delivery costs (only delivery to the Consumer and not the return), at the latest within 14 days from the day of the withdrawal. He may wait to refund until he has received the Product, except if Peakout collects the Product himself or the Consumer proves that he has returned the Product. If the Consumer can prove that the Product has been returned but it does not arrive at Peakout, the Consumer shall request the transport company engaged by him to make an investigation into the loss of the Product.
  3. Peakout will use the same means of payment as the Consumer has used for reimbursement, unless otherwise agreed. The refund is free of charge to the Consumer
  4. If the Consumer has chosen a more expensive method of delivery than the least expensive standard delivery, Peakout does not have to refund the additional cost for the more expensive method.

 

Uitsluiting right of withdrawal

  1. Peakout may, and does, exclude the following Products from the right of withdrawal if it has clearly stated this with the offer in good time prior to the conclusion of the contract:
  2. Service Agreements, after full performance of the service, but only if: a. Performance has begun with the Consumer's express prior consent; and
  1. b. the Consumer has declared that he waives his right of withdrawal; and
  2. c. Peakout has provided the Consumer with a confirmation of the agreement and the statement referred to in the previous paragraph.
  3. Products manufactured to Consumer specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person.
  4. Sealed Products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery. This includes underwear.
  5. Products that by their nature are irrevocably mixed with other Products after delivery.

 

Article 13 - Ofarmacht and unforeseen circumstances

  1. The parties are not obliged to fulfill any obligation under the Agreement if they are prevented from doing so as a result of a circumstance that is not due to their fault, and is not for their account by virtue of the law, a legal act or generally accepted practice.
  2. Force majeure in these General Terms and Conditions shall include, in addition to its definition in the law and case law, extreme weather conditions, illness of a significant part of Peakout's employees or of persons or third parties engaged by Peakout, shortages or delivery problems at Peakout's supplier, delays in the international transport chains, IT failures, as well as all external causes, foreseen or unforeseen, over which Peakout has no influence, but which reasonably prevent Peakout from fulfilling its obligations.
  3. If fulfillment of the Agreement is temporarily impossible due to a cause mentioned above, the other party is relieved of its obligations for that period.
  4. If performance of the Agreement is permanently impossible for one of the parties in whole or in part due to a cause for which he cannot be held accountable, both parties will make efforts, or exercise patience, as much as reasonably possible to still perform the Agreement. The parties will discuss this. If the parties fail to reach an agreement, or if the impossibility reasonably lasts too long, they have the right to dissolve the Agreement in whole or in part, as the case may be, in accordance with the laws regarding force majeure.
  5. In case of unforeseen circumstances, the parties will consult with each other to reach a mutually accepted solution.

 

Article 14 - Liability

  1. If the customer proves that he/she has suffered damage due to an act or omission of Peakout which would have been avoided if Peakout had acted carefully and competently, and for which Peakout would be legally liable for the damage, Peakout shall be liable for the damage up to a maximum of €100, unless the customer has failed to comply with the regulations applicable to him/her or the damage should otherwise be for his/her own account, in which case Peakout's liability is completely excluded.
  2. Damage is exclusively understood to mean damage to persons, damage to property and direct financial loss. Peakout shall never be liable for indirect loss or damage, including consequential loss or damage, loss of profit, missed savings and loss due to business interruption and delay.
  3. The exclusions and/or limitations of liability for damage contained in the General Conditions shall not apply if the damage is due to intentional or equivalent gross negligence on the part of Peakout or its subordinates.
  4. Peakout shall at all times have the right to prevent or reduce, to the extent possible, any damage suffered or incurred by the customer.
  5. If the Customer is not a Consumer, Peakout shall, to the fullest extent permitted by reasonableness and fairness, exclude its liability in its entirety, except for willful intent or equivalent gross negligence on the part of Peakout.

 

Article 15 - Miscellaneous

  1. Failure by Peakout to enforce any provision of the General Terms and Conditions shall not constitute a waiver of Peakout's right to enforce it at a later time or against another customer.
  2. To the extent not otherwise provided in the General Terms and Conditions, claims and other powers of the customer on any basis whatsoever against Peakout in connection with the Agreement shall in any event expire 1 year after the moment the customer became aware or could reasonably have become aware of the existence of these rights and powers.
  3. Should one or more provisions of the General Terms and Conditions be declared invalid by a competent court, this shall not affect the remaining provisions of the General Terms and Conditions. The omitted provision(s) will then be filled in according to the spirit of the General Terms and Conditions.
  4. To the extent applicable, the Vienna Sales Convention is expressly excluded.
  5. The Agreement and therefore these General Terms and Conditions are exclusively governed by Dutch law and disputes arising from the Agreement will be submitted to the competent Dutch court in Gelderland, location Arnhem, unless another court is competent on the basis of mandatory (consumer) law.

 

APPENDIX 1: Withdrawal form

Model form voor revocation

(Complete and return this form only if you wish to revoke the agreement)

- To: [ name of entrepreneur]

[ geographic address entrepreneur]

[ fax number entrepreneur, if available]

[ e-mail address or electronic address of entrepreneur]

 

- I/We* hereby notify(d) you, that I/We* revoke/revoke* our contract relating to the sale of the following products: [designation product]* the supply of the following digital content: [designation digital content]* the provision of the following service: [designation service]*, revoke/revoke*

 

- Ordered on*/received on* [date of order for services or receipt for products]

 

- Name of consumer(s)]

 

- Address consumer(s)]

 

- Signature of consumer(s)] (only if this form is submitted on paper)

 

 

* Cross out what does not apply or fill in what is applicable.