GENERAL TERMS AND CONDITIONS Xander Franklin E-mail: [email protected] Website: www.xanderfranklin.com
1. Xander Franklin: Xander Franklin, established in Rotterdam, Chamber of Commerce no. 77528514. 2. Customer: the party which Xander Franklin has entered into an agreement with. 3. Parties: Xander Franklin and customer together. 4. Consumer: a customer who is an individual acting for private purposes.
These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Xander Franklin.
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
customer or of third parties.
All prices used by Xander Franklin are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
Xander Franklin is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
Increases in the cost prices of products or parts thereof, which Xander Franklin 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 as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Samples / models
If the customer 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.
Payments and payment term
Xander Franklin may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
The customer must have paid the full amount within , after delivery.
Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount
at the latest on the last day of the payment term, he is legally in default, without Xander Franklin having to send the
customer a reminder or to put him in default.
Xander Franklin reserves the right to make a delivery conditional upon immediate payment or to require adequate
security for the total amount of the services or products.
Payments and payment term
Products are immediately paid for in the store.
Consequences of late payment
1. If the customer does not pay within the agreed term, Xander Franklin is entitled to charge an interest of 2% per
If the customer does not pay within the agreed term, Xander Franklin is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Xander Franklin.
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, Xander Franklin may suspend its obligations until the customer has met his
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of
Xander Franklin on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Xander Franklin, he is still obliged to
pay the agreed price to Xander Franklin.
Right of recovery of goods
As soon as the customer is in default, Xander Franklin is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Xander Franklin invokes the right of recovery by means of a written or electronic announcement.
As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return
the products concerned to Xander Franklin, unless the parties agree to make other arrangements about this.
The costs for the collection or return of the products are at the expense of the customer.
Right of withdrawal
A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
the product has not been used it is not a product that can spoil quickly, like food or flowers the product is not specially tailored for the consumer or adapted to its special needs it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.) the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity, the product is not a separate magazine or a loose newspaper the consumer has not renounced his right of withdrawal
The cooling-off period of 14 days as referred to in paragraph 1 commences: on the day after the consumer has received the last product or part of 1 order as soon as the consumer has received the first the product of a subscription as soon as the consumer has confirmed the purchase of digital content via the internet
The consumer can notify his right of withdrawal via [email protected], if desired by using the withdrawal form that can be downloaded via the website of Xander Franklin, www.xanderfranklin.com.
The consumer is obliged to return the product to Xander Franklin within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.
Reimbursement of delivery costs
If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Xander Franklin will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Xander Franklin in time.
The costs for return are only reimbursed by Xander Franklin if the complete order is returned.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
Xander Franklin can appeal to his right of retention of title and in that case retain the products sold by Xander Franklin to the customer until the customer has paid all outstanding invoices with regard to Xander Franklin, unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Xander Franklin.
Xander Franklin is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
The customer waives his right to settle any debt to Xander Franklin with any claim on Xander Franklin.
Retention of title
Xander Franklin remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Xander Franklin under whatever agreement with Xander Franklin including of claims regarding the shortcomings in the performance.
Until then, Xander Franklin can invoke its retention of title and take back the goods.
Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise
encumber the products.
If Xander Franklin invokes its retention of title, the agreement will be dissolved and Xander Franklin has the right to
claim compensation, lost profits and interest.
Delivery takes place while stocks last.
Delivery takes place at Xander Franklin unless the parties have agreed upon otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed price is not paid on time, Xander Franklin has the right to suspend its obligations until the agreed price
is fully paid.
In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by
Any delivery period specified by Xander Franklin is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Xander Franklin.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Xander Franklin cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs are paid by the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Xander Franklin may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the
2. If the customer 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 Xander Franklin, failing which Xander Franklin cannot be held liable for any damage.
If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.
The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes
made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on
to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Exchange is only possible if the following conditions are met:
exchange takes place within 14 days after purchase upon presentation of the original invoice the product is returned in the original packaging or with the original (price) tags still attached to it the product has not been used
Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer and Socks, underwear, last item items, mouth masks/ face masks, cannot be exchanged.
The customer indemnifies Xander Franklin against all third-party claims that are related to the products and/or services supplied by Xander Franklin.
The customer must examine a product or service provided by Xander Franklin as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Xander Franklin of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Xander Franklin of this within two months after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that Xander Franklin is able to respond
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Xander Franklin being forced to perform other
work than has been agreed.
1. The customer must provide any notice of default to Xander Franklin in writing. 2. It is the responsibility of the customer that a notice of default actually reaches Xander Franklin (in time).
Joint and several Client liabilities
If Xander Franklin enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Xander Franklin under that agreement.
Liability of Xander Franklin
Xander Franklin is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Xander Franklin is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
Xander Franklin is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If Xander Franklin is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from Xander Franklin shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
The customer has the right to dissolve the agreement if Xander Franklin imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Xander Franklin is not permanent or temporarily impossible, dissolution can only take place after Xander Franklin is in default.
Xander Franklin has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Xander Franklin good grounds to fear that the customer will not be able to fulfill his obligations properly.
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Xander Franklin in the fulfillment of any obligation to the customer cannot be attributed to Xander Franklin in any situation independent of the will of Xander Franklin, 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 Xander Franklin .
The force majeure situation referred to in paragraph 1 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 Xander Franklin cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Xander Franklin 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.
Xander Franklin 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.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
1. Xander Franklin is entitled to amend or supplement these general terms and conditions. 2. Changes of minor importance can be made at any time. 3. Major changes in content will be discussed by Xander Franklin with the customer in advance as much as possible. 4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with Xander Franklin to third parties without the prior written consent of Xander Franklin.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Xander Franklin had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Xander Franklin is established is exclusively competent in case of any disputes
between parties, unless the law prescribes otherwise.
These terms and conditions were created using a document from RL.