Terms of service

Terms & Conditions The Bonnet Factory
E-mail: info@thebonnetfactory.nl
Website:

Definitions
1. The Bonnet Factory : The Bonnet Factory , established in Rotterdam under the Chamber of Commerce
No. 82475938.
2. Customer: the person with whom The Bonnet Factory has entered into an agreement.
3. Parties: The Bonnet Factory and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, work,
orders, contracts and deliveries of services or products by, or
namens The Bonnet Factory .
2. Parties may only deviate from these terms and conditions if they expressly and
agreed in writing.
3. The Parties shall conclude the applicability of additional and/or deviating general
terms and conditions of the customer or of third parties.

Praise
1. All prices charged by The Bonnet Factory are in euros, include VAT and
excluding any other costs such as administration costs, levies and travel,
shipping or transportation charges, unless expressly stated otherwise or otherwise
overeengekomen.
2. All prices charged by The Bonnet Factory for its products, on its website or
otherwise made known, The Bonnet Factory may change at any time.
3. Increases in the cost prices of products or parts thereof which The Bonnet
Factory could not have foreseen at the time of making the offer or the establishment of the
of the agreement may give rise to price increases.
4. The consumer has the right to terminate a contract as a result of a
price increase referred to in paragraph 3, unless the increase is the result of a
Legislation.
Samples & Models

If the customer has received a sample or model of a product, he can
derive no rights from it other than that it is an indication of the nature of the
product, unless the parties have expressly agreed that the products to be delivered
correspond to the sample or model.

Payments and payment terms
1. The customer must submit invoices to The Bonnet within 1 month of the invoice date.
Factory, unless the parties have made other arrangements in this regard or
invoice a different payment term is specified.
2. Payment deadlines shall be considered as strict payment deadlines. This means that
If the customer does not pay the agreed amount by the last day of the
payment term, he is in default and in default by operation of law, without
that The Bonnet Factory does not have to send the customer a reminder or give notice of default
to be set.
3. The Bonnet Factory reserves the right to make a delivery conditional
require immediate payment or the lodging of a security for the total amount of the
amount of the services or products.

Consequences of not paying on time
1. If the customer does not pay within the agreed period, The Bonnet

Factory is entitled to the statutory interest rate of 2% per month for non-
and the statutory interest rate of 8% per month for commercial transactions from the day on which the customer is in default, with a part of the
one month for a whole month.
2. In addition, if the customer is in default, he will be liable for extrajudicial collection costs and
any damages due to The Bonnet Factory.
3. The collection costs shall be calculated on the basis of the Decree on Compensation for
extrajudicial collection costs.
4. If the customer does not pay on time, The Bonnet Factory may not
until the customer has fulfilled his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the
the customer, The Bonnet Factory's claims on the customer are immediate
opeisbaar.
6. If the customer refuses to cooperate with the execution of the agreement by The
Bonnet Factory, then he is still obliged to pay the agreed price to The Bonnet
Factory to pay.

Right to complain
1. As soon as the customer is in default, The Bonnet Factory is entitled to the right to complain
in respect of the unpaid products delivered to the customer.
2. The Bonnet Factory invokes the right to complain by means of a written
or electronic communication.
3. As soon as the customer has been informed of the right of complaint invoked, the
the customer to immediately return the products to which this right relates
to The Bonnet Factory, unless the parties make other arrangements in this regard.
4. The costs of retrieval or delivery of the products shall be borne by the
the customer.

Right of withdrawal
1. A consumer may make an online purchase during a cooling-off period of 14 days
dissolve without giving any reason, provided that:
• the product has not been used
• it is not a product that can spoil quickly, such as food or flowers
• it is not a product that has been specially tailored for the consumer, or
adapted
• it is not a product that cannot be returned for hygienic reasons
(underwear, swimwear, etc.)
• the seal is still intact in the case of digital media
inhoud (dvd’s, cd’s, etc.)
• the product or service does not include accommodation, travel, catering, transport,
catering assignment or form of leisure activity
• the product is not a separate magazine or newspaper
• the consumer has not waived his right of withdrawal
2. The 14-day cooling-off period referred to in paragraph 1 shall commence:
o on the day after the consumer has received the last product or part
from 1 order
3. The consumer may invoke the right of withdrawal
via info@thebonnetfactory.nl, if desired with the help of the
withdrawal form that can be found on the website of The Bonnet Factory
, www.thebonnetfactory.nl, can be downloaded.
4. The consumer is obliged to return the product within 14 days of the notification of the
return his right of withdrawal to The Bonnet Factory, failing which his
The right of withdrawal expires.
Reimbursement of return costs

If the consumer invokes his right of withdrawal and the full
order in a timely manner, the costs for returning the full amount of the order will be
order on behalf of the consumer.
Right of suspension

Unless the customer is a consumer, the customer waives the right to
of any obligation arising from this Agreement.

Right of retention
1. The Bonnet Factory can invoke its right of retention and in that case
the customer's products until the customer has completed all outstanding
invoices in respect of The Bonnet Factory, unless the customer has paid for that
sufficient security.
2. The right of retention also applies on the basis of previous agreements from which the customer
payments are still due to The Bonnet Factory.
3. The Bonnet Factory is never liable for any damage caused by the customer
as a result of exercising his right of retention.
Clearing

Unless the customer is a consumer, the customer waives his right to claim a debt
to The Bonnet Factory against a claim against The Bonnet Factory.

Retention
1. The Bonnet Factory remains the owner of all products delivered until the customer
has fully fulfilled all its payment obligations towards The Bonnet
Factory on the basis of what kind of agreement concluded with The Bonnet Factory
including claims for failure to perform.
2. Until then, The Bonnet Factory may invoke its retention of title and
take things back.
3. Before ownership has passed to the customer, the customer must not sell the products
pledge, sell, dispose of or otherwise encumber it.
4. If The Bonnet Factory invokes its retention of title, the
agreement as terminated and The Bonnet Factory has the right to
damages, loss of profit and interest.

Delivery
1. Delivery will take place while stocks last.
2. Delivery will take place at The Bonnet Factory, unless the parties are otherwise
overeengekomen.
3. Delivery of products ordered online will take place at the time specified by the customer.
adres.
4. If the agreed amounts are not paid or are not paid on time, The
Bonnet Factory has the right to suspend its obligations until it is
agreed part has been paid.
5. In the event of late payment, there is a creditor's default, with the result that the customer
cannot invoke a late delivery against The Bonnet Factory.

Delivery
1. The delivery times specified by The Bonnet Factory are indicative and indicate to the customer
if this is exceeded, there is no right to rescission or compensation, unless
expressly agreed otherwise in writing.
2. The delivery time starts at the moment the customer completes the (electronic) ordering process.
and has received an (electronic confirmation) thereof
van The Bonnet Factory .
3. Exceeding the specified delivery time does not entitle the customer to
nor the right to terminate the agreement, unless The
Bonnet Factory cannot do so within 14 days of being given a written notice to do so.
or the parties have agreed otherwise in this regard.
Actual delivery

The customer must ensure that the actual delivery of the goods ordered by him is
products can take place in a timely manner.

Transport
Transport costs are at the expense of the customer, unless the parties have otherwise stated otherwise.
have agreed.

Packaging & Shipping
1. If the packaging of a delivered product has been opened or damaged, the
customer, before taking delivery of the product, by the forwarder or
delivery person to make a note, failing which The Bonnet
Factory cannot be held liable for any damages.
2. If the customer is responsible for transporting a product himself, he must
to report visible damage to products or packaging to The Bonnet Factory prior to transport , failing which The Bonnet Factory will not
may be held liable for any damages.

Custody
1. If the customer purchases ordered products later than the agreed
delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs resulting from premature or late collection of
Products are entirely at the expense of the customer.

Guarantee
1. The warranty with respect to products applies only to defects,
caused by faulty manufacturing, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage caused by
resulting from accidents, modifications made to the product, negligence or
improper use by the customer, as well as if the cause of the defect is not
can be clearly identified.
3. The risk of loss, damage or theft of the products that are the object
agreement between the parties, shall be transferred to the customer at the time of the
they are legally and/or factually delivered, or at least within the control of the customer
or from a third party who takes delivery of the product on behalf of the customer.

Exchange
1. The exchange of purchased items is only possible if the following
conditions are met:
• Exchanges will take place within 30 days of purchase upon presentation of the
Original invoice
• the product is returned in its original packaging or with the remaining packaging.
Attached original (price) tags
• The product has not yet been used
2. Discounted items, non-perishable items such as food, customized
made items or custom-made items and custom-made items and custom-made
Created products cannot be exchanged.

Protection
The customer indemnifies The Bonnet Factory against all claims by third parties related to
products and/or services provided by The Bonnet Factory.

Complaints
1. The customer must use a product or service provided by The Bonnet Factory to
as soon as possible for any shortcomings.
2. Does a product or service provided not meet the requirements of the customer?
reasonably expected from the agreement, the customer must inform The Bonnet
Factory as soon as possible, but in any event within 1 month of
finding of the shortcomings.
3. Consumers must report The Bonnet Factory no later than 2 months after becoming aware of the
of the shortcomings.
4. The customer shall provide as detailed a description as possible of the shortfall
so that The Bonnet Factory is able to respond appropriately.
5. The customer must prove that the complaint relates to an agreement between
partijen.
6. If a complaint relates to ongoing work, it may in any event be
would not lead to The Bonnet Factory being held to carry out other
work than agreed.

Impairment theorem
1. The customer must notify The Bonnet in writing of notices of default
Factory .
2. It is the responsibility of the customer to ensure that a notice of default is given to The Bonnet
Factory (in time).
Joint and several liability of the customer

If The Bonnet Factory enters into an agreement with multiple customers, each of them is
jointly and severally liable for the full amounts paid to them under that
contract to The Bonnet Factory.

Liability of The Bonnet Factory
1. The Bonnet Factory is solely liable for any damage suffered by the customer
if and to the extent that such damage is caused by intent or deliberate recklessness.
2. If The Bonnet Factory is liable for any damage, it shall only be
liable for direct damage resulting from or in connection with the
performance of a contract.
3. The Bonnet Factory is never liable for indirect damages, such as consequential damages,
lost profits, lost savings or damage to third parties.
4. If The Bonnet Factory is liable, such liability shall be limited to the
amount paid out by a (professional) liability insurance policy
and in the absence of (full) payment by an insurance company of the amount of the claim, the liability is limited to the (part of the) invoice amount
to which the liability relates.
5. All images, photographs, colours, drawings, descriptions on the website or in a
are indicative and approximate only and cannot be used for any purpose and cannot be
give rise to compensation and/or (partial) dissolution of the
and/or suspension of any obligation.

Expiry period
Any right of the customer to compensation from The Bonnet Factory shall lapse in any event.
12 months after the event giving rise to the liability directly or indirectly
voortvloeit. This does not exclude the provisions of Article 6:89 of the
Civil code.

Right to rescission
1. The customer has the right to dissolve the agreement when The Bonnet
Factory imputably fails to comply with its obligations, unless the latter
shortcoming, in view of its particular nature or minor significance, does not prevent the dissolution of the
rechtvaardigt.
2. Is the fulfilment of the obligations by The Bonnet Factory not permanent or
temporarily impossible, then dissolution can only take place after The Bonnet
Factory is in default.
3. The Bonnet Factory has the right to dissolve the agreement with the customer, if
the customer does not fully comply with its obligations under the agreement or does not do so in a timely manner,
or if The Bonnet Factory has become aware of circumstances that
give him good reason to fear that the customer is not properly fulfilling his obligations.
will be able to meet them.

Force majeure
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a
failure of The Bonnet Factory to comply with any obligation to
cannot be attributed to The Bonnet Factory in respect of the customer in one of the
independent situation at will of The Bonnet Factory, which would impair the fulfilment of the
its obligations towards the customer is prevented, in whole or in part, or
as a result of which the performance of its obligations is not reasonably incumbent on The Bonnet's
Factory may be required.
2. The force majeure situation referred to in paragraph 1 shall also include, but is not limited to,
Reckoned: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.);
breach of contract and force majeure on the part of suppliers, delivery drivers or other third parties;
unexpected power, electricity, internet, computer and telecom failures;
computer viruses, strikes, government measures, unforeseen transport problems,
bad weather conditions and work stoppages.
3. In the event of a force majeure event causing The Bonnet Factory to lose 1 or more
obligations to the customer, those obligations shall be deemed to be
suspended until The Bonnet Factory can comply again.
4. From the moment that a force majeure event has taken place for at least 30 calendar days,
both parties may enter into the agreement in writing, in whole or in part.
ontbinden.
5. In a force majeure situation, The Bonnet Factory is not any compensation or compensation for damages
even if it is not necessary to pay any benefit as a result of the force majeure situation.
geniet.

Modification of the Agreement
1. If, after the conclusion of the contract, it proves necessary for the performance of the contract
in order to amend or supplement its content, the parties shall amend the
Submit the agreement accordingly.
2. The preceding paragraph shall not apply to products purchased in a physical
winkel.
Modification of general terms and conditions
1. The Bonnet Factory is entitled to amend or amend these general terms and conditions.
vullen.
2. Minor changes may be made at any time.
3. Major changes to the content of The Bonnet Factory will be discussed in advance as much as possible
discuss with the customer.
4. Consumers shall have the right to benefit from a substantial change in the general
terminating the agreement.

Transfer of rights
1. The Customer's rights arising from an agreement between the parties cannot be attributed to third parties.
may be transferred without the prior written consent of The
Bonnet Factory .
2. This provision shall be deemed to be a clause having effect under property law within the meaning of
Article 3:83, second paragraph, Dutch Civil Code.

Consequence vanity or destructiveness
1. If one or more provisions of these general terms and conditions are null and void or
voidable, this does not affect the other provisions of these terms and conditions.
aan.
2. In such a case, a provision which is null and void or voidable shall be replaced by a
provision that comes closest to what The Bonnet Factory did in the preparation of
of the conditions in that regard.

Applicable law and competent court
1. Any agreement between the parties shall be governed exclusively by the Dutch law of the
toepassing.
2. The Dutch court in the district where The Bonnet Factory is located /
practice / office is exclusively authorized to take cognizance of any
disputes between parties, unless the law prescribes otherwise.

Published on 01 April 2021.