Article 1. Applicability

1.1 These General Terms and Conditions apply to all offers, orders, and agreements of Depot 33.

1.2 Accepting an offer or placing an order means that you accept the applicability of these terms and conditions.

1.3 Deviations from these conditions are only valid if agreed in writing, in which case the remaining provisions remain in full force.

1.4 All rights and claims as stipulated in these Terms and in any further agreements for the benefit of Depot 33 are equally stipulated for the benefit of intermediaries and other third parties engaged by Depot 33.

Article 2. Offers / Agreements

2.1 All offers from Depot 33 are non-binding and Depot 33 expressly reserves the right to change prices, especially if required by (legal) regulations. See also article 3.6.

2.2 An agreement is only concluded after acceptance of your order by Depot 33. Depot 33 is entitled to refuse orders or to attach special conditions to the delivery, unless expressly agreed otherwise. If an order is not accepted, Depot 33 will notify you within five (5) working days after receipt of the order.

Article 3. Prices and Payments

3.1 The prices stated for the offered products and services are in Euros, including VAT and handling and shipping costs, any taxes or other charges, unless otherwise stated or agreed in writing.

3.2 Payment must be made without discount or set-off within ten (10) days after the invoice date for deliveries within the Netherlands, and within ten (10) days after the invoice date for deliveries outside the Netherlands, unless otherwise agreed in writing.

3.3 Payment can be made in advance, via iDEAL internet banking, or with credit cards from VISA, Mastercard, and American Express. In the case of bank or giro payment, the date of payment is the date of crediting the giro or bank account of Depot 33.

3.4 If the payment term is exceeded, Depot 33 may decide whether or not to cancel the order.

3.5 If the prices for the offered products and services increase in the period between the order and its execution, you are entitled to cancel the order or dissolve the agreement within five (5) days after Depot 33 has communicated the price increase.

Article 4. Delivery

4.1 The delivery times stated by Depot 33 are as follows: for items in stock, delivery time is 1 to 2 working days. For items not in stock, Depot 33 will notify you in time and offer you the option to dissolve the agreement or to agree a new delivery time with Depot 33. If the agreement is dissolved, any amounts already paid will be refunded within 14 days.

4.2 The delivery of the products takes place at the place and time the products are ready for dispatch to you.

Article 5. Retention of Title

5.1 Ownership of delivered products only transfers to you once you have fulfilled all obligations arising from any agreement with Depot 33. The risk concerning the products transfers to you at the moment of delivery.

Article 6. Intellectual and Industrial Property Rights

6.1 You must fully and unconditionally respect all intellectual and industrial property rights resting on the products delivered by Depot 33.

6.2 Depot 33 does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.

Article 7. Returns / Right of Return

7.1 You are obliged to check upon delivery whether the products comply with the agreement. If this is not the case, you must notify Depot 33 as soon as possible and in any case within fourteen (14) days (including weekends) after delivery, or at least after discovery was reasonably possible, in writing or by email.

7.2 If it is shown that the products do not comply with the agreement, Depot 33 has the choice to replace the relevant products upon their return with new products if in stock.

7.3 If, for any reason, you do not wish to accept a product, as a consumer you have the right to return the product to Depot 33 within fourteen (14) days (including weekends) after delivery. The following conditions apply: the item must not be used and/or worn, must be undamaged, and must be returned complete in its original packaging. The return shipping costs are at your expense.

Article 8. Warranty

8.1 Depot 33 guarantees that the products to be delivered meet the usual requirements and standards that can be set and are free from any defects.

8.2 If the delivered goods do not meet this guarantee, Depot 33 will, within a reasonable period after receipt thereof or, if return is not reasonably possible, after written notification regarding the defect by the buyer, at Depot 33’s discretion, replace or arrange for repair.

8.3 The warranty mentioned here does not apply if the defect has arisen as a result of improper or inappropriate use or if, without written consent from Depot 33, the buyer or third parties have made or attempted to make changes to the product or have used it for purposes for which the product is not intended.

8.4 In addition to these warranty provisions, statutory warranty provisions remain in force.

Article 9. Orders / Communication

9.1 Depot 33 is not liable for misunderstandings, mutilations, delays or improper transmission of orders and communications resulting from the use of the Internet or any other means of communication in the traffic between you and Depot 33, or between Depot 33 and third parties, insofar as it relates to the relationship between you and Depot 33, unless there is intent or gross negligence on the part of Depot 33.

Article 10. Force Majeure

10.1 Without prejudice to its other rights, in the event of force majeure, Depot 33 has the right, at its own discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by notifying you in writing and without Depot 33 being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.

10.2 Force majeure means any shortcoming which cannot be attributed to Depot 33, because it is not due to its fault and neither by law, legal act, or generally accepted practice is for its account.

Article 11. Miscellaneous

11.1 If you provide Depot 33 with an address in writing, Depot 33 is entitled to send all orders to that address unless you notify Depot 33 in writing of another address to which your orders should be sent.

11.2 Whether Depot 33 allows deviations from these conditions for a short or longer period, tacitly or otherwise, this does not affect its right to demand immediate and strict compliance with these terms at any time. You can never claim any right based on the fact that Depot 33 applies these conditions leniently.

11.3 If one or more of the provisions of these conditions or any other agreement with Depot 33 is in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible similar provision to be determined by Depot 33.

11.4 Depot 33 is authorised to use third parties for the execution of your order(s).

Article 12. Applicable Law and Competent Court

12.1 All rights, obligations, offers, orders and agreements to which these conditions apply, as well as these conditions, are exclusively governed by Dutch law.

12.2 All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.

Article 13. Copyright

13.1 All images or parts of images available on this website: without the express permission of the author, reproduction of prints or complete sections of downloaded documents/files/photographs based on copyright is strictly prohibited.