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This document sets out the Terms of Use (“Terms”) of Krate and www.kratewear.com (the “Website”).

This Website is operated by Krate V.O.F. (also referred to as “Krate“, “we”, “us” or “our”).

The Buyer (also referred to as “you” and ”your”) is a natural person who is of legal age and who is not acting within the context of practicing a profession or conducting a business, with whom Krate concludes an Agreement.

The Website is www.kratewear.com.

The Product is a Krate product that Krate offers for sale on the Website.

The Order is a purchase of one of more Product(s) placed by you on the Website in accordance with the procedure and the terms described in this document.

The Purchase Price is the price indicated on the Website for a Product, including VAT.

By accessing this Website, you agree to be bound by the Terms.

Before using this Website, you must always read the Terms carefully, as well as our Privacy and Cookie Policy (“Privacy Policy”) and our Return Policy.

 

1. GENERAL INFORMATION

Krate is located on the Mariastraat 37, postal code 3511 LN, Utrecht, the Netherlands. You can reach us by phone on +31625199747 and by email via info@kratewear.com,

Krate is registered at the Dutch chamber of commerce under number: 66365074 and at the Dutch tax authority under VAT-number: NL856515188B01.

 

2. APPLICABILITY OF THE TERMS OF USE

These Terms of Use that have been made available online by Krate on www.kratewear.com govern all offers, orders, agreements and other legal relationships between Krate and you with respect to use the Website, including the purchase and sale of a product on or via the Website.

 

3. ORDER PLACEMENT AND COMPLETION PROCEDURE

All information on the Website is an invitation to come to an agreement only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.

 

3.1 Order placement

You can place an order on or via the Website in the following manner:

– You select the Product desired in the desired style, color and size,

– You add the Product in the cart,

– You check your order and proceed to check out filling in all personal and address details,

– You check the information provided,

– You select a payment method and processes the payment,

– You receive a confirmation e-mail of the placed order,

N.B. This first confirmation e-mail does NOT mean that the payment went through and that the order has been completed.

If the e-mail address provided is wrong, Krate will NOT be able to send any confirmation e-mail or further information about the order and/or about the shipment.

 

3.2 Order completion

After you have placed an order, Krate will:

– Check all the order details,

– Check if the address provided is correct (if it isn’t our customer support will contact you as soon as possible requiring a correct address),

– Check if all the ordered items are in stock (if there is any sold out item, our customer support will contact you as soon as possible offering a suitable solution),

– Check if the payment has been processed and received,

– Decide whether to accept or reject the order (read section 2.3 for further information about rejected orders).

If Krate decides to accept the order, you will receive a confirmation e-mail that will inform you that the order has been completed and that it will be processed and shipped as soon as possible.

 

3.3 Order Rejection

Krate will be entitled to reject the Order placed by you in the following cases, among others:

– If the information that you have filled in is incorrect, incomplete and/or false, or if Krate is reasonably entitled to doubt whether that is the case,

– If your payment is not received,

– If you have already failed to comply with your payment obligations towards Krate in the past,

– If you have already caused serious inconvenience to Krate in the past,

– If you in the past have failed to accept and/or collect Orders that you placed with Krate,

– If there is an obvious mistake or clerical error, for example in the prices indicated on the Website,

– If Krate cannot deliver the Order to the address provided by you.

If an Order is rejected, Krate will contact you as soon as possible.

 

3.4 Conclusion of the agreement

The Agreement, including the Privacy Policy placed on the Website and these Terms of use, constitutes the entire agreement between you and Krate with respect to the use of the Website and the placement and execution of an Order.

 

4. SHIPPING AND DELIVERY

 

4.1 Shipping time and carrier

The Order is processed and handed over to the carrier as soon as possible after it has been completed.

All our shipments are made using a carrier designated by us.

Changing deliver carrier under special request made by you is not a possibility.

During sales delays are possible.

 

4.2 Shipping address and Personal information

After the order has been processed and packaged, it will be shipped to the address indicated by you, provided that the mentioned address is complete and correct.

If the address provided is incorrect and/or incomplete, you will be contacted as soon as possible via the e-mail address and/or the phone number you indicated, provided that the indicated personal information is correct and complete.

If you provided any incorrect and/or incomplete information, as already specified above, Krate has no responsibility in eventual delivery delays and/or failures.

 

3.3 Solving an eventual inconvenience

The risk with respect to any damage to or loss of the Products will be transferred to you as from the time at which the Products are delivered.

If any inconvenience occurs before the delivery, you must contact our Customer Support providing order number, address information and clear explanation of the inconvenience. Our Customer Support will handle the complaint as soon as possible and will find a suitable solution in agreement with you.

During sales responding time might be extended.

 

4. PRICE AND PAYMENT

 

4.1  Prices

The prices indicated on the Website have Value Added Tax (VAT) and shipping costs included.

The return shipping costs will be borne by you.

The total Purchase Price will be indicated in the Cart and in the confirmation e-mails you receives after completing your order (read section 2 for further information about confirmation e-mails).

 

4.2  Price variation

Krate will be entitled to adjust the prices indicated on the Website from time to time without any notice being required.

The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.

 

4.3  Payment

Payment may be made using the methods indicated on the Website and must be made in advance in order to fulfill the Order and complete the Agreement.

 

5. RETURNS

If you are not entirely satisfied with the purchase, you will be entitled to return the Product that has been delivered, on your own cost, within a term of 14 days after the Product has been received, without stating your reason for doing so, in the manner indicated by Krate on the Return Policy, provided that the Product has not been worn (trying on clothing is permitted), is undamaged and (insofar as possible) is in the original and undamaged packaging.

Shipping charges are not refundable.

Products purchased with a discounted price are NOT refundable.

Before returning products, you must fill in, print and place in the package the Return Form Krate provides on the Website, in order to specify the details of both the order and the return.

 

5. COMPLAINTS

 

5.1 Contact

You can contact Krate by filling in the contact form provided on the Krate website,

 

5.2 Responding time

Our Customer Support will answer to all the inquiries as soon as possible in a term of 14 days after receipt, provided that the message has been received and that the e-mail address indicated is correct and/or complete.

Krate will notify you within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which you can expect to receive an answer.

Krate and its Customer Support have no responsibilities for non-receipt messages and/or for technical problems which might occur during the communication between you and Krate.

 

5.3 Eventual deviations

You acknowledge that: minor deviations and deviations that are generally considered acceptable in respect of the quality, size, color, finishing, etc. of Products cannot be avoided or are difficult to avoid and do not constitute a well-founded reason to submit a complaint.

Such complaints, and complaints regarding the removal of certain Products from the Website, are not well-founded.

Krate will not be liable for any damage that you sustains as a result of such deviations or the removal of such Products from the Website.

You will fully cooperate in the event that Krate recalls a Product.

 

6. WARRANTY AND LIABILITY

 

6.1 Warranty

Krate is required by law to provide a Product that meets the demands specified in the contract with you.

You must check the Product as soon as you receive it, before removing the tags and/or using the Product itself and inform Krate about any eventual defect within the term of 14 days.

You will be required to provide proof of the defect such as pictures of the Product with tags still attached and of the defect itself.

If a damage occurs after the tags have been removed and/or the Product has already been used and/or washed, Krate will require additional proof and information such as washing and/or drying method.

If you show Krate that the Product has a defect caused by a production error a solution will be found in accordance with the Dutch Warranty Law.

You will fully cooperate with Krate’s requests and/or requirements.

 

6.2 Liability

Krate is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that you sustain in connection with the Agreement. Under no circumstances will any direct damage, for which Krate is legally liable towards the You, exceed the Purchase Price. This provision is not intended to exclude Krate’s liability in the event of bodily injury or death.

Krate refers to the Website Terms of Use with regard to its liability in respect of the Website and the use of the Website.

 

7. FORCE MAJEURE

Krate is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede Krate from complying with its obligations, and that cannot be attributed to Krate because they cannot be blamed on Krate, and cannot be deemed to be for Krate’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as – but not restricted to – war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engaged by Krate, a failure on the part of Krate’s suppliers to supply goods or a failure on the part of Krate’s suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of Krate or third parties that it engages.

If as a result of a situation involving force majeure Krate fails to comply with its obligations under the Agreement or fails to do so in a timely manner, Krate will be entitled to perform the Agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the Agreement in whole or in part, without Krate being obliged to pay you any compensation in that respect.

 

8. ACCURACY AND AVAILABLITY OF INFORMATION

While We use reasonable efforts to include accurate and up to date information on the Website, We make no warranties or representations as to its accuracy.

We assume no liability or responsibility for any errors or omissions in the content of the Website.

Fill in our contact form if you believe any information is incorrectly reported.

We reserve the right, at our absolute discretion, to add, revise or remove any content or information without notice.

 

9. YOUR USE OF THIS WEBSITE

 

9.1 Browsing on the Website

Your use of and browsing on the Website is at your own risk.

Neither We nor any other party involved in creating, producing, or delivering the Website are liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Website.

Other than for your own personal use or internal business purposes, you may not without our prior written consent:

– Copy, reproduce, use or otherwise deal with any content on the Website;

– Modify, distribute or re-post any content on the Website for any purpose;

– Reproduce, crawl, frame, link to or deep-link into this Website on or from any other website;

– Use the content of the Website for any commercial exploitation whatsoever.

Without limiting the foregoing, everything on the Website is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, therefore some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of the Website or your downloading of any materials, data, text, images, video, or audio from the Website.

 

9.2 Usage and Treatment of the Material

Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Us or Our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, We are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products/services using such information. We have not reviewed all of the websites linked to the Website and are not responsible for the content of any off-site pages or any other websites linked to the Website. Your linking to any other off-site pages or other websites is at your own risk.

You agree that no submissions provided by you to the Website will violate any right of any third party, including, without limitation copyright, trade mark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for any submissions you make.

Whilst We take every care to ensure that no defamatory, offensive, indecent or other sensitive material appears on this Website, we must emphasis that you enter the Website at your own risk.

You agree, through your use of both the public and private parts of this Website, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise in violation of any law. Legal actions can be taken against you. You also agree not to post any copyrighted material unless the copyright is owned by you or you have consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also inappropriate to this forum.

It is impossible for Us to confirm the validity of content from users. Comments and forums are un-moderated and although We do actively monitor contributions from users, We are not responsible for any content posted. We do not warrant the accuracy, completeness or usefulness of any information presented. The messages express the views of the author, not necessarily the views of this Website. Anyone who feels that a posted message is objectionable is encouraged to notify Us immediately. We have the rights to remove objectionable content, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately. This policy goes for member profile information as well.

You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless the Website. We also reserve the right to reveal your identity (or any information we have about you) in the event of a complaint or legal action arising from any information posted by you.

It is your responsibility to present clean and accurate information with regard to your user details. Any information we deem inaccurate or vulgar will be removed.

Please note that with each contribution you post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. We reserve the right to ban any user from the Website.

 

10. Password/Account Security

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

 

11. Ownership and rights

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website, are registered and unregistered Trademarks of Krate. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Krate or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

12. Copyright

You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Website without the written permission of Krate. We neither warrant nor represent that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Us.

 

13. Review of Terms of Use

We may at any time revise these Terms of Use by updating this page. You are bound by any such revision and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. The Buyer must always consult these General Terms and Conditions before using the Website. If you are unable to consult the General Terms and Conditions via the Internet Krate will send you a copy of the most recent version of the General Terms and Conditions by e-mail.

 

14. Severance

Each provision of the Krate Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Krate Terms and Conditions.

 

15. Applicable law and jurisdiction

The Krate Terms and Conditions shall be governed by the laws of The Netherlands.

Dutch law applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

You and Krate hereby submit to the non-exclusive jurisdiction of the Dutch Courts.

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