General term of delivery


General terms of delivery
 Unfortunately it is not possible to  return the lingerie etc,because of  the hygiene.
 
General conditions 
Article 1 General 
These terms apply to any listing, quote, and correspondence between Folinki Fashion and a deep mutual understanding which Folinki Fashion this terms and conditions apply, to the extent that these conditions are not expressly and in writing by the parties is permitted. 
The present conditions shall also apply to agreements with Folinki Fashion, which by Folinki Fashion should be involved. 
These general conditions are also written for the staff of Folinki Fashion and its Executive Board. 
The applicability of any purchase or other terms and conditions of the other party is expressly rejected. 
If one or more provisions of these general terms and conditions at any time, in whole or in part, held to be void or destroyed if they are, moreover, in these general conditions provisions apply in full. Folinki Fashion and the other party will consult with the aim of new provisions for the replacement of the petty or lapsed provisions to match, where as much as possible, the purpose and spirit of the original provisions.
If a lack of clarity about the interpretation of one or more provisions of these general conditions, the explanation must take place "the spirit" of these terms. 
If a situation arises between the parties that are not in these general conditions regulate this situation should be assessed to the spirit of these terms and conditions. 
If Folinki Fashion not always strict compliance with these conditions, this does not mean that the provisions do not apply, or in any Fashion that Folinki as far as the law would lose it in other cases, strict compliance with the provisions of these terms and conditions. 
 
 
Article 2 quotes and listings 
All quotations and offers of Folinki Fashion are binding, unless in the quote is a term for acceptance. A quote or listing is void if the product to which the tender or the offer relates, in the meantime, is no longer available. 
Folinki Fashion cannot quotes or listings will be taken if the other party can reasonably understand how the quotes or offerings, or a component thereof, an obvious error or slip of the pen.
In a quote or listing listed prices are inclusive of VAT and other taxes and charges by the State as well as any in the framework of the agreement to create costs, including travel and subsistence, shipping and service charges, unless otherwise indicated. 
Where acceptance (whether or not to subordinate points) deviates from the tenders or the listing included supply than Folinki Fashion is not bound. The agreement is not in accordance with these foreign acceptance, unless otherwise Folinki Fashion.
A compound obligation price quote Folinki Fashion not to carry out a portion of the command against a corresponding part of the price. Offers or tenders not automatically for future orders.
Article 3 Contractsduur; delivery times, implementation and change paves the way for agreement; 
The agreement between Folinki Fashion and the other party is entered into for an indefinite period of time, unless the nature of the agreement otherwise due or if the parties expressly agree otherwise in writing. 
For the completion of certain tasks or for the provision of certain matters, or a specified term agreed, it is never a fatal period. When crossing a term, the other party in writing Folinki Fashion so notify. Folinki Fashion in a reasonable period of time should be allowed to have the ability to implement the agreement. 
Folinki Fashion has the right to carry out certain activities by third parties.
Folinki Fashion is entitled the agreement into different stages, and the resulting exported separately invoiced. 
If the agreement is carried out in phases can Folinki Fashion the implementation of those parts which belong to a later stage to suspend until the other party the results of the preceding stage in writing has been approved. 
If Folinki Fashion information provided by the other party for the implementation of the agreement, the implementation period shall commence no earlier than after the party: this is accurate and complete to Folinki Fashion. 
If during the implementation of the Convention shows that, for a proper implementation is necessary to change it or add to, then the Parties shall in good time, to modify this agreement. If the nature, size or contents of the agreement, whether or not to request or designation of the contracting partner of the competent authorities, etc., is changed, and the agreement as a result, evaluated qualitatively and/or quantitatively, is changed, then it could have an impact on what was originally agreed. As a result, the originally agreed amount can be increased or decreased. Folinki Fashion will be as many as possible do justify price. By an amendment of the agreement, the originally specified period of implementation to be modified. The other party accepts the possibility of amending the agreement, including the change in price and time of execution. 
If the agreement is changed, including a supplement, it is entitled to make Folinki Fashion first execution after this agreement is given by the qualified person within Folinki Fashion, and the other party has agreed with the specified price and other conditions, including the time when that happens, to determine on which it will be implemented. It is not, or not immediately execute the modified agreement or breach of contract of Folinki Fashion, and for the other party is not a basis for the contract. 
Without wishing to be at fault, Folinki Fashion a request to amend the agreement <ref>, evaluated qualitatively and/or quantitatively, could, for example, the context in which to carry out activities or deliverables. 
If the other party in the absence of privilege in the proper implementation of what he vis-à-vis Folinki Fashion, then the other party shall be liable for any damages (including costs) to the side of Folinki Fashion, as a result, directly or indirectly. 
If Folinki Fashion at the time of conclusion of the agreement, a particular price match, is nevertheless entitled Folinki Fashion to increase the price, even if the price was originally not subject is specified. 
If the price increase otherwise than as a result of an amendment to the agreement not less that 10% and take place within three months after the conclusion of the agreement, then the other party may terminate the agreement by a written declaration to dissolve, unless that happens, it Folinki Fashion is prepared on the basis of the agreement, the originally agreed, or if the price increase is the result of a privilege or a Folinki Fashion obligation pursuant to the law or if in return is that the delivery for more than three months after the purchase. 
 
 
Article 4 the suspension, cancellation or termination of the interim 
agreement 
Folinki Fashion is responsible for the fulfilment of the obligations to suspend or dissolve the contract if: 
-the counterparty to the obligations contained in the Convention does not, not timely or not fully comply with; ·-after the conclusion of the agreement have been made known to Folinki Fashion circumstances give grounds to fear that the other party to comply with the obligations will not; ·-the other party at the time of conclusion of the agreement called for the security for the payment of its obligations under the agreement and in the absence or insufficient security. 
If the delay on the part of the other party no longer Folinki Fashion can be required the agreement against the originally agreed terms will keep Folinki Fashion entitled to dissolve this agreement. 
In addition, Folinki Fashion jurisdiction shall lie with the agreement to dissolve in the event of circumstances which are such that a breach of the agreement or to the standards of reasonableness and fairness are no longer Folinki Fashion can be required, or if there are other circumstances are such that the natural continuation of the agreement in reasonable of Folinki Fashion can be demanded. If the dissolution is attributable to the other party is entitled to compensation Folinki Fashion of the damage, including the costs, as a result, directly or indirectly. 
If the contract is to be dissolved claims Folinki Fashion on the counterparty to repayable. If Folinki Fashion the fulfilment of the obligations to be deferred, he claims, and correspondence from the law. 
If Folinki Fashion to a suspension or dissolution, he is in no way be taken for compensation for damage and costs as a result, in any way. Folinki Fashion still retains the right to full compensation to be recovered. 
If one of the parties under this agreement and fails to fulfil the obligations of non-compliance cancellation, then the other party may terminate the agreement without delay and with direct effect to dissolve without any obligation, for its part, to the payment of any compensation or compensation, while the party has violated its obligations arising from breach of contract on the other hand, for damages or compensation is required. 
The preliminary results of the work done so far in this case, will be subject to payment to the other party.
If the agreement is terminated by interim Folinki Folinki Fashion Fashion, will, in consultation with the other party zorgdragend for transfer of future activities to a third party. This unless the termination to the other party is chargeable. If the transfer of the work being done on Folinki Fashion additional cost, to the other party. The other party has taken these costs within the above period, unless otherwise Folinki Fashion. 
In the event of liquidation of (filing) being wound up or of bankruptcy, seizure-if and to the extent that it contains not more than three months is lifted-borne by one of the parties, of debt relief, or any other circumstance that one of the parties no longer freely about his power at its disposal, the other parties to the Convention without delay and with immediate effect, without any duty which was conveyed to the payment of any compensation or compensation, while the latter amounts due to the parties immediately and can be claimed as a whole. 
If the other party a placed order cancel in whole or in part, then the quantity ordered or presentation grows with your business, to drainage and delivery costs and for the implementation of the Convention reserved working time, integral to the other party. 
 
 
Article 5 in cases of force majeure 
Parties are not responsible for the performance of any obligation to the other if they are prevented from doing so as a result of a circumstance that has not been due to debt, and neither under the law, a legal act or applicable ideas for their account. 
In cases of force majeure in these general terms and conditions shall be interpreted to mean, besides that he has in law and jurisprudence is understood, all of outer converging causes, or non-provision, on which Folinki Fashion no influence, but which Folinki Fashion is not in a position to fulfil its obligations. Werkstakingen in the company of Folinki Fashion or third parties. Folinki Fashion shall also have the right to invoke in cases of force majeure, if the circumstance (further), being held in fulfilment of the agreement, takes place after Folinki Fashion had his undertaking.
Parties may during the period of the force majeure continues the obligations contained in the agreement. If this period is longer than two months, then each of the parties entitled to dissolve this agreement, without obligation for compensation for damage to the other party. 
As far as Folinki Fashion at the time of the occurrence of cases of force majeure, its obligations under the agreement has now been partially complied with or it will be able to fulfil, and at the met, respectively, to meet part of the standalone value deserves Folinki Fashion entitled early complied with, respectively, to meet part distinct to invoice. The other party has taken to comply with this invoice as if it were a separate agreement. 
 
 
Article 6 Payment and collection costs
Payment shall always take place within 14 days of invoice date, on a Folinki Fashion form is in the currency in which billed unless otherwise in writing by Folinki Fashion. Folinki Fashion to recurring billing.
If the other party in the timely payment of an invoice, then the other party by operation of law in absence. When that happens, The Counterparty is an interest of 1% per month, unless the interest is higher, in which case the legal interest is payable. The interest on the outstanding amount will be calculated from the time that the other party in absence is up to the moment of payment of the full payment amount. 
In the event of liquidation, of surseance (filing) for payment of winding up or of bankruptcy, debt relief, or any other circumstance that the other party no longer freely about his power at its disposal, is Folinki Fashion entitled agreement with immediate effect, or the order or agreement to cancel, without Folinki Fashion is taken to the payment of any compensation to the other party. The claims of the counterparty to Folinki Fashion are repayable. 
Folinki Fashion has the right to payments made by the other party to serve in the first place, to be deducted from the cost, then a deduction of interest the vacant and, finally, to be deducted from the principal and accrued interest. 
Folinki Fashion may, without thereby absence, an offer to pay the other party in a different order allocating the payment. Folinki Fashion can full repayment of principal, if not also the vacant and accrued interest and collection costs are met. 
The other party is never entitled to set-off of the Folinki by him to Fashion due. 
Objections to the height of an invoice shall suspend the commitment not to.
If the other party in the absence or omission in the (early) to perform its obligations, then all reasonable costs for the purpose of obtaining satisfaction beyond straight on behalf of the other party. The extrajudicial costs are calculated on the basis of which the Dutch collection practice, currently the calculation method, according to a report of his preparatory work, II. If, however, higher costs Folinki Fashion to collection has created that may reasonably be required, the actual costs incurred are eligible for reimbursement. Any created judicial and enforcement costs will also be used to pay the other party. The other party is due to debt-collection expenses also interest shall be payable. 
 
 
Article 7 of title 
All Folinki Fashion within the framework of the agreement delivered Affairs shall remain the property of Folinki Fashion until the other party with all the obligations contained in the Folinki Fashion concluded agreement (s) of sound has been fulfilled. 
Delivered By Folinki Fashion, which as a result of (1). Under the reservation of title, may not be resold and should never be used as a means of payment. The other party is not responsible for the retention of title under the business covered by pledging or otherwise objections. 
The other party shall always to do everything that could reasonably be expected of him to the property rights of Folinki Fashion.
If third-party cause delivered under retention of title or rights issues this or assert, then it is bound to the other party forthwith Folinki Fashion. 
The other party shall submit to the reservation provided assurances and to keep insured against fire, explosion and water damage and theft and the policy of this insurance on first request to produce the Folinki Fashion. Any payment of the insurance is entitled to this Folinki Fashion to commissions. To the extent necessary for the other party is against Folinki Fashion in advance to be cooperating in everything within that framework, if necessary or desirable (prove). 
In the event of a Folinki Fashion in this article shall be required to exercise rights of ownership, the contracting partner and not a priori unconditional permission to Folinki herroepelijke and Folinki Fashion Fashion by pointing to any third party for all these places to enter the property of Folinki Fashion are located and to take back those things. 
 
 
Article 8 Guarantees, research, advertising and return 
The Folinki Fashion deliverables meet the usual requirements inherent in the time of delivery can be made reasonably and under normal conditions of use are intended to be used in the Netherlands. The guarantee referred to in this article applies to things that are intended for use within the Netherlands. When used outside the Netherlands, the counterparty to themselves to check whether their use is appropriate for the use and comply with the conditions involved. Folinki Fashion that other warranty and other conditions in respect of the deliverables or work. 
The information referred to in paragraph 1 of this article shall guarantee is valid for a period of 7 days after delivery, unless the nature of his otherwise arising or parties have agreed otherwise. If the warranty provided by Folinki Fashion a matter that was produced by a third party, the warranty shall be limited to that specified by the manufacturer of the need is provided, unless otherwise noted. On the expiry of the warranty term, all costs for repair or replacement, including administration, shipping, and voorrijdkosten, to the other party. 
Any form of warranty shall be extinguished if a defect is incurred as a result of or arising from improper or inappropriate use, or after the date of manufacture, incorrect storage or maintenance by the other party and/or by any third party when, without written permission of Folinki Fashion, the other party or any third party the matter did not make any changes or have tried to make this other matters were confirmed that do not need to be confirmed, or if it was or edited on a Member State other than the prescribed manner. The other party is not entitled to warranty if the defect is caused by or due to circumstances where Folinki Fashion no influence, including weather conditions (such as but not limited to, extreme rainfall or temperatures), etc. 
The other party is held to the supplied (do) immediately at the time that the business be made available to him or the relevant activities have been carried out. It belongs to the other party to examine the quality and/or quantity of the work in accordance with what is agreed and meets the requirements that the parties have agreed to that effect. Should Any defects within two months of the discovery, in writing, to Folinki Fashion. The notification shall be as detailed as possible description of the defect to be so Folinki Fashion appropriate to respond. The other party must Folinki Fashion to allow a complaint (do). 
If the other party in a timely manner, reclameert, suspend this commitment are not contracting partner is also responsible for purchasing and payment for the ordered Affairs.
 
If a notification is created at a later date, then the other party no more right to repair, replacement or compensation. 
If it is determined that a matter is inadequate and in a timely manner is gereclameerd, then Folinki Fashion the lack of matter within a reasonable period after a return receipt thereof or, if it is reasonable to return is not possible, written notification of the defect by the other party, in the choice of Folinki Fashion, replace, or caring for repair or replacement fees therefor to the other party. In the case of replacement is the other party to the replaced item to return to Folinki Fashion and ownership about Folinki Fashion unless otherwise Folinki Fashion. 
If it is determined that a complaint is unfounded, then the costs incurred, including the research costs, on the side of Folinki Fashion, as a result, cases, integral on behalf of the other party. 
Returns are only accepted if the packaging of the product is undamaged and the product is not worn, washed or otherwise damaged. The article should also be fitted with the original tags. The cost for return shipments for your account. 
A purchase will be within 10 business days after order return received is up to you. 
Any returned products have been used, washed or otherwise by you have been damaged, it will not accept Folinki Fashion, and you will not receive a purchase return. 
 
 
Article 9 Liability 
If Folinki Fashion liability, that liability is limited to what is laid down in this provision. 
Folinki Fashion shall not be liable for any damages of any kind incurred as a result of Folinki Fashion is assumed by or on behalf of the other party provided inaccurate and/or incomplete information. 
If Folinki Fashion were liable for any damages, the liability of Folinki Fashion limited to a maximum of three times the invoice value of the order, at least until that part of the order in which the liability is for. 
The liability of Folinki Fashion is still limited to the amount of the benefit of his insurer where appropriate. 
Folinki Fashion will only be liable for any direct damages. 
Under the direct damage is solely for the purposes of: 
-the reasonable cost to determine the cause and extent of the damage, as far as the determination relates to damage within the meaning of these terms and conditions; 
-any reasonable expenses incurred for the poor performance of Folinki Fashion to the agreement, so it can be Folinki Fashion; 
-creates a reasonable cost, to prevent or minimise damage, to the extent that the other party demonstrates that these costs have led to a reduction in direct damage referred to in these terms and conditions. 
Folinki Fashion is never liable for indirect damage, including consequential, lost profits, lost savings, and damage due to corporate stagnation. 
Included in this article, the limitation of liability shall not apply if the damage is attributable to intent or serious negligence of Folinki Fashion or his managerial reports. 
 
 
Article 10 of the limitation period 
By way of derogation from the provisions of the limitation periods, the limitation period of all assets and defend themselves against Folinki Fashion and Fashion by Folinki in connection with the performance of a contract to a third party in question, one year. 
The provisions of paragraph 1 shall not apply to legal actions and defend themselves that are based on facts that would warrant the thesis that the case is not delivered to the agreement. Such claims shall be time barred and defend themselves by expiration of two years after the party: Folinki Fashion of such non-compliance. 
 
 
Article 11 risk transition 
The risk of loss, damage or losses to the holder of the other party on at a time when things to the other party in the power of the other party. 
 
 
Article 12 in order to 
Folinki Fashion, and hold harmless the other party for any claims by third parties, in connection with the implementation of the agreement penalised and that the reason other than to Folinki Fashion is chargeable. 
If Folinki Fashion that could be approached by third parties, then the other party held Folinki Fashion both outside and in legal proceedings in order to assist and without delay to do that in this case. If the other party fail to take adequate measures, it is Folinki Fashion, without ingebrekestelling, entitled itself for this purpose. All expenses and damage to the side of Fashion Folinki and third parties as a result, are integral for the account and risk of the Counterparty. 
 
 
Article 13 intellectual, industrial property and copyright 
Folinki Fashion reserves the rights and privileges to which he has submitted on the basis of the rights and other intellectual and industrial legislation and regulation. Folinki Fashion has the right by the performance of a contract are increased knowledge is also used for any other purpose, provided that this is not strictly confidential information communicated to third parties. 
 
 
Article 14 applicable law and dispute resolution 
All legal relations which Folinki Fashion party is solely the Dutch law applies, (All disputes, if any, will be the Court 's-Hertogenbosch contested), even if the undertaking, in whole or in part, in the rest of the world, implementing or if the legal relation involved party domiciled therein. The applicability of the Viennese Purchase Treaty is excluded.
Parties shall first call on the right to do so after they have made strides in the event of a dispute by mutual agreement to settle disputes