Terms & Conditions – Tenue de Nîmes

Welcome

Welcome to the TDN Web Site and Webshop (the ‘Site’), trading as Tenue de Nîmes (“TDN, “we”, “us”, “our”). We provide this Site as a service to its customers. Please review the following basic rules that govern your use of our Site (the ‘Agreement’). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.

Although you may ‘bookmark’ a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. TDN reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this web site.

Definitions

Seller: Tenue de Nîmes (“TDN”) B.V.

Principal place of business: Donker Curtiusstraat 5, 1051 JL Amsterdam, The Netherlands

Chamber of Commerce ref: 55036910

VAT nr: NL851540053.B01

Visiting Address: Elandsgracht 60, 1016 TX Amsterdam, The Netherlands

Email address: info@tenuedenimes.com
Buyer: Any person of at least 18 years of age, not acting as, or on behalf of, a business or occupation who enters into an agreement with the Seller.
Order: An order, placed by the Buyer, such as described under article 2.1, for the delivery of one or more Products.

Product: Tenue de Nîmes product that is offered for sale on the Seller’s Website.

Price: Price as indicated on the website for each individual product, including VAT and shipping costs.

Agreement: The order which has been accepted as such by the Seller.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of TDN or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by TDN and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by TDN or its licensors. tenuedenimes.com belongs to TDN. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of TDN.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are not limited to the Netherlands and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our F.A.Q. for further information. In order to contract with TDN you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. TDN retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Customs & Duties

Import duties and VAT outside the European Union:
All non-EU shipments are delivered duty unpaid (DDU). So please keep in mind that your country may require you to pay import duties and/or value added taxes (VAT), which are always your own responsibility to pay. However, Tenue de Nîmes covers the VAT costs in your country (outside the European Union), we do so by:

Please note: Tenue de Nîmes is not responsible for any import duties or customs charges from your local customs service. As these duties and charges vary from country to country, we cannot give you an estimate on these costs.


Sale Returns Outside the EU

Sale items are not eligible for a refund for orders outside the European Union.

Promotional Deals

When you receive a promotional deal like a discount code or free product on an online order, through one of our media such as email, certain conditions apply. Please see them below:
Code or free product is valid on one online order only for 7 to 30 days from the receipt of email (see e-mail). The total cart value must be a minimum of €50, excluding shipping fees, to qualify for this offer. The accompanied code must be entered at the online checkout page or by a staff member from the store and cannot be applied after an order has been placed. Please note: the discount code or free goodie is not applicable to any products from certain collaborations, sale items or in combination with other discount codes and gift cards. For the free tote bag promotion: colours of the TdN Tote Bag may vary.

Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

Payment

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

Discount Codes

Account discount codes – Discount codes may from time to time be offered to account holders such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.

Gift Card

Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by. We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers. We’ll despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused.

If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.

From time to time, gift vouchers may get caught in pesky spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.

If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two). As you’d expect, we reserve the right to vary these terms and conditions. The conditions of use relating to any discount code will be specified at the time of issue.

Collections

You can pay for our collection service using the credit/debit card, PayPal, iDeal, Bancontact and Sofort, you would pay for normal goods and our terms of sale apply for this service. Please note, we do not accept gift vouchers or discounts as part or full payment for this service.
Once the service is paid for, we cannot make changes to it. Therefore, if you wish to amend the address, you will need to cancel the collection and pay for a new one. We accept cancellation requests made before 7am, 1 working day before the booked collection date. After 7am we will commit your request to our Courier and the service will become non-refundable.

We will collect your goods anytime between 7am – 7pm on your chosen date, at the address you have given when ordering your collection.

We need an address that the courier can access and a responsible adult must be present to hand over the goods. If the courier is unsuccessful in their attempt to collect your goods, you will still be charged the cost of the service. In the rare event we fail to collect your goods because of a courier or Tenue de Nîmes' failure, we will refund you the cost of the service. The items within the return are all subject to our Returns policy and the collection of the goods does not imply an acceptance of their return.

We will accept cancellation requests made before 7am, 1 working day before the booked collection date. After 7am we will commit your request to our Courier and the service will become non-refundable.

Linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Use of Site

Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an TDN or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization. Please note that you must be 18 years or older to register with the Site and to purchase goods from the Site. By registering to use the Site you warrant that you are aged 18 years of age or older.

Indemnity

You agree to indemnify, defend and hold harmless Tenue de Nîmes, its directors, employees consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the General Terms.

Invalidity

If any part of the General Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the General Terms will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of The Netherlands and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Dutch courts.