TERMS AND CONDITIONS CIRCLE OF GENTLEMEN

1. Applicability

These General Terms and Conditions apply to all offers from Circle of Gentlemen and to all agreements entered into with Circle of Gentlemen. In addition to these General Terms and Conditions, if explicitly indicated, Additional Terms and Conditions may apply to certain services and/or products. The provisions of these General Terms and Conditions can only be deviated from if this has been explicitly agreed in writing and in which case the other provisions of these terms and conditions remain fully in force. If the buyer also refers to their General Terms and Conditions, those terms and conditions do not apply unless explicitly agreed in writing by Circle of Gentlemen.

The Circle of Gentlemen web store focuses on the European market.

"Buyer" means any visitor to the web store or any natural or legal person who is or will be in a contractual relationship of any kind with Circle of Gentlemen.

Circle of Gentlemen reserves the right to change or supplement these terms and conditions from time to time.

By using the Circle of Gentlemen web store and/or placing an order the buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the web store. Circle of Gentlemen is authorised to make use of third parties in the implementation of an Agreement with the buyer.

Cooling-off period: the period within which the Consumer can make use of their right of withdrawal;

Right of withdrawal: the possibility for the Consumer to cancel the distance agreement within the cooling-off period;

 

2. Offers and formation agreements

2.1 Offers or quotations must be regarded as an invitation to potential buyers to make an offer. Circle of Gentlemen is in no way bound to this, unless this has been unambiguously recorded in writing. The acceptance of the invitation to make an offer by the potential buyer counts as an offer and only leads to the conclusion of an agreement if the other provisions of this article have been met.

2.2 Offers are valid while stocks last. For offers on the web store this will show when it is then no longer possible to order the product through the shopping cart.

2.3 An offer from the potential buyer as referred to in Article 2.1 is considered to have been made if the potential buyer has entered the data on the appropriate input screen of the web store and the relevant data ("order form") has been sent to Circle of Gentlemen electronically and was received by Circle of Gentlemen.

2.4 An agreement is concluded the moment the buyer receives the order confirmation, which is sent by email to the email address specified by the buyer.

2.5 The buyer and Circle of Gentlemen explicitly agree that by making use of electronic forms of communication, a valid agreement is established as soon as the conditions in Articles 2.3 and 2.4 are met. In particular, the lack of an ordinary signature does not affect the binding force of the offer and the acceptance thereof. The electronic files of Circle of Gentlemen will, insofar as the law permits, apply as a presumption of evidence.

2.6 Information, images, announcements provided verbally, by telephone or by e-mail and statements etc. with regard to all offers and the most important characteristics of the products are given or made as accurately as possible. Circle of Gentlemen is not liable for manifest errors.

 

3. Prices

3.1 All prices are stated in Euros, in accordance with the legal requirements in this regard, and include VAT.

3.2 Special offers are only valid for the period of validity as stated with that offer. This information is printed in a brochure or is stated on the web store with regard to that special offer.

3.3 The buyer owes the price that Circle of Gentlemen has communicated in its confirmation, in accordance with article 2.4 of these conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Circle of Gentlemen after the conclusion of the agreement.

3.4 Shipping costs are not included in the price. The amount of the shipping costs does not depend on the quantity of products ordered, but on the total order value or on applicable promotions.

 

4. Payment

4.1 Orders via the web store can be paid by the following payment methods:

- Credit card (eg. VISA, Mastercard);

- Ideal

- Bank contact/mistercash (Belgium only) 

4.2 Circle of Gentlemen may expand the payment options in the future. Other payment options will be made known through the web store.

4.3 In case of credit card payment, the terms and conditions of the relevant card issuer apply. Circle of Gentlemen is not a party to the agreement between the buyer and the card issuer.

 

5. Delivery and delivery time

5.1 Orders are delivered as quickly as possible. In principle, Circle of Gentlemen strives to ship orders placed before 3 p.m. on a working day on the same day. Delivery time depends on the country of destination. In the Netherlands and Belgium, we strive for next-day delivery. The stated delivery time only serves as an indication and shall never be a strict deadline. Circle of Gentlemen may state further information about delivery times on its web store or otherwise make it known in writing. Such information is merely indicative.

5.2 Deliveries are made at the address specified by the buyer during the conclusion of the agreement.

5.3 Circle of Gentlemen determines the method of transportation. If the order is executed in parts, any delivery costs will only be calculated once.

5.4 As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the buyer. The buyer is obliged to carefully inspect the products or have them inspected immediately upon receipt.

 

6. Exchange and right of withdrawal

6.1 The buyer has the option to dissolve the agreement without stating a reason within fourteen (14) working days. This reflection period starts on the day following receipt of the product by the buyer or a representative designated and announced in advance by the buyer.

6.2 During the cooling-off period, the items may be tried on, but not worn/used, and the buyer will handle the product and packaging with care. The buyer will only unpack or use the product to the extent necessary to assess whether the buyer wishes to keep the product.

If the buyer makes use of the right of withdrawal, they will return the product with all accessories supplied and in its original condition and packaging to Circle of Gentlemen, observing the following:

- From a hygienic point of view, men's and boys' swimwear cannot be returned. In the case of women and girls' swimwear, the hygiene sticker must not be removed;

- Underwear cannot be returned from a hygienic point of view;

- Original labels must not be removed.

6.3 Products that deviate from the return instructions are in principle not accepted by Circle of Gentlemen.

6.4 If the consumer-buyer has correctly used the right of withdrawal as mentioned in the previous paragraph, Circle of Gentlemen will arrange for a refund within 14 days of the amount paid by the buyer.

6.5 The transport costs of the return shipment are borne by the buyer.

 

7. Retention of title

7.1 Ownership of products, notwithstanding the actual delivery, only passes to the buyer, after the buyer has paid in full all that the buyer owes in respect of any agreement with Circle of Gentlemen, including payment of interest and costs, also from earlier or earlier subsequent deliveries and any work performed or to be performed with regard to the products.

7.2 The buyer may not, before ownership has passed, tax, sell, resell, dispose of or otherwise encumber the products.

 

8. Warranty and liability

8.1 Legal warranty applies to all our items. Legal warranty means that a product is or must do what a consumer can reasonably expect from it.

If an item does not function properly within the statutory warranty period, we will try to find a good solution as quickly as possible. Example: free repair, new article, refund of money.

If the problem with the item was caused by incorrect use, you will not be entitled to any form of refund.

If the item shows normal wear and tear, you are also not entitled to any form of refund.

8.2 The liability of Circle of Gentlemen is, without prejudice to the provisions of Article 8.1, limited to compensation for damage to a maximum of the amount of the invoice value of the product or service that caused the damage. The foregoing sentence does not apply if there is intent or gross negligence on the part of Circle of Gentlemen.

8.3 Circle of Gentlemen is never liable for consequential or commercial damage, indirect damage and loss of profit or turnover.

8.4 If the buyer has concluded an agreement through Circle of Gentlemen for a warranty period, only the conditions that apply to that agreement apply to this warranty.

8.5 Without prejudice to the provisions of this article, there can be no guarantee if the wear can be considered normal wear and tear and in the following cases:

- if changes have been made to the product, including repairs that have not been carried out with the permission of Circle of Gentlemen or the manufacturer;

- if the original invoice cannot be submitted, has been changed or made illegible;

- if defects are the result of improper use;

- if damage is caused by intent, gross negligence or improper maintenance.

8.6 The buyer is obliged to indemnify Circle of Gentlemen against any claim that third parties may enforce against Circle of Gentlemen in respect of the implementation of the agreement, insofar as the law does not prevent the buyer from paying the relevant damage and costs.

8.7 It is possible that Circle of Gentlemen includes links to other Internet sites on its web store that may be interesting or informative for the visitor. Such links are purely informative. Circle of Gentlemen is not responsible for the content of the Internet site which it refers to or the use that can be made of it.

 

9. Force Majeure

9.1 In the event of force majeure, Circle of Gentlemen is not obliged to fulfil its obligations to the buyer, or the obligation is suspended for the duration of the force majeure.

9.2 Force majeure is understood to mean any circumstance independent of its will, as a result of which the fulfilment of its obligations towards the buyer is wholly or partially prevented. These circumstances include strikes, fire, business disruptions, energy failures, non-delivery or late delivery by suppliers or other engaged third parties and the absence of any permit to be obtained through the government. Force majeure is also understood to mean malfunctions in a (telecommunications) network or connection, or communication systems used and/or the unavailability of the web store at any time.

 

10. Intellectual property

10.1 The buyer explicitly acknowledges that all rights of intellectual property of information displayed, communications or other expressions with regard to the products and/or with regard to the web store are vested in Circle of Gentlemen's suppliers or other entitled parties.

10.2 Intellectual property rights are understood to mean patent, copyright, brand, drawing and design rights and/or other (intellectual property) rights, including sui generis rights to databases and topography of semiconductor products, or other products, and - whether or not patentable technical and/or commercial know-how, methods and concepts.

10.3 The buyer is prohibited from making use of, including making changes to, the intellectual property rights as described in this article, such as, for example, duplication, without the express prior written consent of Circle of Gentlemen’s suppliers or other entitled parties, unless this is purely private use in relation to the product itself.

 

11. Personal data

11.1 Circle of Gentlemen will process all data from the buyer exclusively in accordance with its privacy policy, which is stated on the web store.

11.2 Circle of Gentlemen hereby observes the applicable privacy rules and legislation.

12. Applicable law and competent court.

12.1 Only Dutch law applies to all offers and agreements.

12.2 The applicability of the Vienna Sales Convention is expressly excluded.

12.3 All disputes related to or arising from offers from Circle of Gentlemen or agreements concluded with Circle of Gentlemen will be submitted to the competent court in 's-Hertogenbosch, unless the law explicitly designates another court as competent.

 

13. Complaint procedure

13.1 Circle of Gentlemen has a complaints procedure listed on the web shop and will handle any complaints accordingly.

13.2 Complaints about the implementation of the agreement must be submitted within a reasonable time, fully and clearly described to Circle of Gentlemen, after the buyer has discovered the defects.

13.3 Complaints submitted to Circle of Gentlemen will be answered within a period of 14 working days from the date of receipt. If a complaint requires a foreseeable longer processing time, Circle of Gentlemen will respond within a period of 14 working days with a message of receipt and an indication when the buyer can expect a more detailed answer.

 

14. Various

14.1 The administration of Circle of Gentlemen is deemed to be correct, and is deemed as complete proof to parties, whereby proof to the contrary is permitted.

14.2 Circle of Gentlemen accepts no liability for the consequences of print, type and/or programming errors on the web store.

14.3 Circle of Gentlemen is entitled to modify these conditions from time to time. The modified conditions will apply to transactions that have been entered into after the conditions have been published in the usual way on the web store.

14.4 Circle of Gentlemen is located in (5321 JV) Hedel, Baronieweg 13 and registered under the name COG B.V. at the Chamber of Commerce under number 32170384 and with VAT identification number NL 822231256 B01

14.5 Circle of Gentlemen is part of Topshelf Megastores.

 

Hedel, 11 May 2019