Terms & Conditions

 

OVERVIEW
This website is operated by WORTHIT. Throughout the site, the terms “we”, “us” and “our” refer to WORTHIT. WORTHIT offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

 

Article 1 – Definitions

 

In these terms and conditions, the following definitions shall apply:

 

Withdrawal period: the period within which the consumer can exercise his right of

withdrawal;

 

Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;

 

Day: calendar day;

 

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

 

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.

 

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

 

Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

 

Distance contract: an agreement where, in the context of a system organised by the

entrepreneur for distance selling of products and/or services, up to and including the

conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

 

Technique for distance communication: means that can be used for concluding an

agreement, without the consumer and entrepreneur being together in the same room at the same time.

 

 

General Terms and Conditions: the present General Terms and Conditions of the

entrepreneur.

 

Article 2 - Identity of the entrepreneur

 

Company name: WORTHIT

Business registration number: 94431892

VAT number: NL005083596B87

Bank account number: NL33INGB0107378426

E-mail: info@worthitwear.com  

 

Article 3 – Applicability

 

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises, and they will be sent to the consumer free of charge as soon as possible upon request.

 

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

 

In the event that specific product or service conditions apply in addition to these general

terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in

the event of conflicting general terms and conditions, the consumer may always rely on the

applicable provision that is most favourable to him.

 

If one or more provisions in these general terms and conditions are at any time wholly or

partially void or annulled, the agreement and these terms and conditions shall otherwise

remain in force and the provision in question shall be replaced without delay by mutual

agreement with a provision that approximates the purport of the original as much as possible.

 

Situations not covered by these general terms and conditions should be assessed 'in the

spirit' of these general terms and conditions.

 

Uncertainties about the interpretation or content of one or more provisions of our terms and

conditions are to be interpreted 'in the spirit' of these general terms and conditions.

 

Article 4 – The offer

 

If an offer has a limited period of validity or is made subject to conditions, this will be

expressly stated in the offer.

 

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

 

The offer contains a complete and accurate description of the products and/or services on

offer. The description is sufficiently detailed to enable a proper assessment of the offer by

the consumer. If the trader uses images, these are a true representation of the products

and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the

entrepreneur.

 

All images, specifications data in the offer are indicative and cannot be a reason for

compensation or dissolution of the agreement.

 

Images accompanying products are a true representation of the products on offer. Operator

cannot guarantee that the colours displayed correspond exactly to the real colours of the

products. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in

particular:

 

the price, excluding customs clearance charges and import VAT. These additional costs will

be at the customer's expense and risk. The postal and/or courier service will use the special

regime for postal and courier services with regard to imports. This scheme applies if the

goods are imported into the EU country of destination, which is the case in the present case.

The postal and/or courier service collects the VAT (whether or not together with the customs

clearance fees charged) from the recipient of the goods;

 

any shipping costs;

 

the manner in which the agreement will be concluded and what actions are necessary to do

so;

 

whether or not the right of withdrawal applies;

 

the method of payment, delivery and performance of the agreement;

 

the period for accepting the offer, or the period within which the entrepreneur guarantees the

price;

 

the amount of the rate of distance communication if the costs of using the means of distance

communication are calculated on a basis other than the regular basic rate for the means of

communication used;

whether the agreement is archived after its conclusion and, if so, how it can be accessed by

the consumer;

 

the way in which the consumer, before concluding the contract, can check the data provided

by him under the contract and, if desired, rectify them;

 

any other languages in which, in addition to English, the agreement may be concluded;

 

the codes of conduct to which the trader has submitted and the way in which the consumer

can consult these codes of conduct electronically; and

 

the minimum duration of the distance contract in the case of a duration transaction.

 

Optional: available sizes, colours, type of materials.

 

Article 5 – The contract

 

Subject to the provisions of paragraph 4, the contract is concluded at the moment the

consumer accepts the offer and fulfils the conditions set out therein.

 

If the consumer has accepted the offer electronically, the trader shall immediately confirm

receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance

has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

 

If the contract is concluded electronically, the entrepreneur shall take appropriate

technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur

will observe appropriate security measures.

 

The entrepreneur may - within legal frameworks - inform himself whether the consumer can

meet his payment obligations, as well as of all those facts and factors that are important for a

responsible conclusion of the remote contract. If, on the basis of this investigation, the

entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an

order or application or to attach special conditions to the implementation, while giving

reasons.

 

The entrepreneur will include the following information with the product or service to the

consumer, in writing or in such a way that it can be stored by the consumer in an accessible

way on a durable data carrier:

 

1.  the visiting address of the trader's establishment to which the consumer can address

complaints;

2.  the conditions under which and the way in which the consumer may exercise the right of

withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

3.  the information on guarantees and existing after-sales service;

4.  the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the contract;

5.  the requirements for terminating the contract if the contract has a duration of more than

one year or is of indefinite duration.

 

In the case of a duration transaction, the provision of the previous paragraph applies only to

the first delivery.

 

Each contract is entered into under the suspensive conditions of sufficient availability of

the relevant products.

 

Article 6 – Right of withdrawal

 

When purchasing products, the consumer has the option of dissolving the agreement without

giving reasons during a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and

made known to the entrepreneur.

 

During the cool-off period, the consumer will handle the product and its packaging with

care. He will only unpack or use the product to the extent necessary to assess whether he

wishes to keep the product. If he exercises his right of withdrawal, he will return the product

to the entrepreneur with all delivered accessories and - if reasonably possible - in the original

condition and packaging, in accordance with the reasonable and clear instructions provided

by the entrepreneur.

 

If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the trader

of this within 14 days of receiving the product. The consumer must make this known by

means of a written message/email. After the consumer has made it known that he wishes to

exercise his right of withdrawal, the consumer must return the product within 14 days. The

consumer must prove that the delivered goods have been returned in time, e.g. by means

of a proof of shipment.

 

If the customer has not expressed his wish to use his right of withdrawal or has not returned

the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2

and 3, the purchase is a fact.

 

Article 7 – Costs in case of withdrawal

 

If the consumer exercises his right of withdrawal, the cost of returning the products will be

borne by the consumer.

 

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as

possible, but no later than 14 days after the withdrawal. This is subject to the condition that

the product has already been received back by the entrepreneur or conclusive proof of

complete return can be provided.

 

Article 8 - Exclusion of the right of withdrawal

 

The entrepreneur can exclude the consumer's right of withdrawal for products as described

in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has

clearly stated this in the offer, at least in good time before concluding the contract.

 

Exclusion of the right of withdrawal is only possible for products:

1.  brought about by the entrepreneur in accordance with the consumer's specifications;

2.  which are clearly personal in nature;

3.  which by their nature cannot be returned;

4. which can spoil or age quickly;

5.  the price of which is subject to fluctuations in the financial market over which the

entrepreneur has no influence;

6.  for single newspapers and magazines;

7.  for audio and video recordings and computer software whose seals have been broken by the consumer.

8.  for hygienic products whose seals have been broken by the consumer.

 

Exclusion of the right of withdrawal is only possible for services:

1.  concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;

2.  whose delivery has started with the consumer's express consent before the cooling-off

period has expired;

3.  On betting and lotteries.

 

Article 9 – The price

 

During the validity period mentioned in the offer, the prices of the products and/or services

offered will not be increased, except for price changes due to changes in VAT rates.

 

Notwithstanding the previous paragraph, the entrepreneur may offer products or services

whose prices are subject to fluctuations in the financial market and over which the

entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that

any stated prices are target prices shall be stated with the offer.

 

Price increases within 3 months of the conclusion of the agreement are only allowed if they

result from legal regulations or provisions.

 

Price increases from 3 months after the conclusion of the contract are only allowed if the

entrepreneur has stipulated it and:

1.  they result from statutory regulations or provisions; or

2.  the consumer has the power to terminate the agreement from the day on which the price increase takes effect.

 

The place of supply as referred to in Article 5(1) of the Value Added Tax Act 1968 is the country in which transportation begins. In the present case, this supply takes place outside

EU. Accordingly, the postal or courier service will collect import VAT or handling charges

from the customer. Consequently, no VAT will be charged by the entrepreneur.

The prices listed on our website for products include delivery charges, but do not include any fees, taxes, duties or similar government-imposed charges ("duty unpaid and untaxed").

 

All duties, fees, rights, taxes or other governmental charges and declarations for importing

the products to the delivery address are your responsibility, are borne by you and are not

included in the prices of the products. For all deliveries, additional costs may arise in

individual cases for which the seller is not responsible and which must be borne by the

customer. In addition to possible shipping costs, these may include customs duties or import

taxes if the goods are shipped from a non-EU country (China). Customs duties or import

taxes are not paid by us and are the responsibility of the buyer. Our goods are always

shipped DDU (delivery duty unpaid) / "duties unpaid and untaxed". The buyer is responsible

for the correct payment of import duties and/or import taxes and must fully comply with all

laws and regulations of the importing country. As rules for importing goods vary from country

to country, you should check your country's customs duties and import taxes before placing

your order. The buyer is obliged to check that all laws and regulations of the importing

country have been complied with upon receipt of the goods.

 

All prices are subject to printing and typesetting errors. No liability is accepted for the

consequences of misprints and typesetting errors. In the event of misprints and typesetting

errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 

Article 10 - Conformity and Warranty

 

The entrepreneur guarantees that the products and/or services comply with the agreement,

the specifications mentioned in the offer, the reasonable requirements of soundness and/or

usability and the existing statutory provisions and/or government regulations on the date of

the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the

product is suitable for other than normal use.

 

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal

rights and claims that the consumer can assert against the entrepreneur on the basis of the

agreement.

 

Any defective or wrongly delivered products should be reported to the entrepreneur in writing

within 14 days after delivery. Products must be returned in their original packaging and in

new condition.

 

The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period.

However, the entrepreneur is never responsible for the final suitability of the products for

each individual application by the consumer, nor for any advice regarding the use or

application of the products.

 

The guarantee does not apply if:

1.  The consumer has repaired and/or modified the delivered products himself or had them

repaired and/or modified by third parties;

2.  The delivered products have been exposed to abnormal conditions or otherwise treated

carelessly or contrary to the instructions of the entrepreneur and/or treated on the

packaging;

3. The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used.

 

Article 11 - Delivery and execution

 

The entrepreneur will take the greatest possible care when receiving and executing orders

for products.

 

The place of delivery is the address that the consumer has made known to the company.

 

Subject to what is stated in article 4 of these general terms and conditions, the company will

execute accepted orders with convenient speed but at the latest within 30 days, unless the

consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot

or can only be partially carried out, the consumer will be informed about this at the latest 30

days after the order was placed. In that case, the consumer has the right to dissolve the

agreement without costs and the right to possible damages.

 

In case of dissolution in accordance with the previous paragraph, the entrepreneur will

refund the amount paid by the consumer as soon as possible, but at the latest within 14 days

after dissolution.

 

If delivery of an ordered product turns out to be impossible, the entrepreneur will make an

effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear

and comprehensible manner that a replacement article is being delivered. With replacement

articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall

be borne by the entrepreneur.

 

The risk of damage and/or loss of products rests with the entrepreneur until the moment of

delivery to the consumer or a representative previously designated and made known to the

entrepreneur, unless explicitly agreed otherwise.

 

Article 12 - Duration transactions: duration, termination and renewal

 

Termination

 

The consumer may terminate an open-ended contract that was concluded for the regular

supply of products (including electricity) or services at any time, subject to agreed

termination rules and a notice period not exceeding one month.

 

The consumer may terminate a fixed-term contract that was concluded for the regular supply

of products (including electricity) or services at any time towards the end of the fixed-term,

subject to agreed termination rules and a notice period not exceeding one month.

 

The consumer may amend the agreements mentioned in the previous paragraphs:

 

terminate at any time and not be limited to termination at a particular time or period; at least terminate them in the same way as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself.

 

Renewal

 

An agreement entered into for a definite period of time and which extends to the regular

supply of products (including electricity) or services may not be tacitly extended or renewed

for a definite period of time.

 

Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for

the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed

for a fixed term not exceeding three months, if the consumer may terminate this renewed

contract towards the end of the renewal with a notice period not exceeding one month.

A fixed-term contract that has been concluded for the regular delivery of products or services

may only be tacitly renewed for an indefinite period of time if the consumer may terminate

the contract at any time with a period of notice that does not exceed one month and a period

of notice that does not exceed three months in the event that the contract relates to the

regular, but less than once a month, delivery of daily or weekly newspapers and magazines.

 

A fixed-term contract for the regular supply of daily or weekly newspapers and magazines by

way of introduction (trial or introductory subscription) is not tacitly continued and ends

automatically at the end of the trial or introductory period.

 

Duration

 

If a contract has a duration of more than one year, after one year the consumer may

terminate the contract at any time with a notice period not exceeding one month, unless

reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 13 – Payment

 

Unless otherwise agreed, the amounts owed by the consumer should be paid within 7

working days after the start of the reflection period referred to in Article 6(1). In case of an

agreement to provide a service, this period starts after the consumer has received the

confirmation of the agreement.

 

The consumer has the duty to immediately report inaccuracies in payment details provided

or mentioned to the operator.

 

In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur is

entitled to charge the reasonable costs made known to the consumer in advance.

 

Article 14 - Complaints procedure

 

Complaints on the performance of the agreement must be submitted to the entrepreneur

within 7 days, fully and clearly described, after the consumer has identified the defects.

 

Complaints submitted to the entrepreneur will be answered within a period of 14 days from

the date of receipt. If a complaint requires a foreseeably longer processing time, the

entrepreneur will respond within the 14-day period with a notice of receipt and an indication

of when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to dispute resolution.

 

A complaint does not suspend the operator's obligations unless the operator indicates

otherwise in writing.

 

If a complaint is found valid by the operator, the operator will, at its discretion, either replace

or repair the delivered products free of charge.

 

Article 15 – Disputes

 

Contracts between the entrepreneur and the consumer to which these general terms and

conditions relate are exclusively governed by Dutch law. Even if the consumer resides

abroad.

 

Article 16 – CESOP

 

As a result of the stricter measures introduced from 2024 regarding the "Amendment to the

Value Added Tax Act 1968 (Payment Service Providers Directive Implementation Act)" and

thus the introduction of the Central Electronic System for Payment Information (CESOP),

payment service providers will be able to register data in the European CESOP system.

Article 17 –  Online Store Terms

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

 

Article 18 –  Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy

 

By making a purchase or entering your e-mail address, you agree to receive marketing e-mails.