Terms and Conditions

ARTICLE 1 — DEFINITIONS

In these terms and conditions the following definitions apply:

• Entrepreneur: the natural person or legal entity that offers products and/or services in the exercise of his profession or business.
• Consumer: the natural person who is not acting in the exercise of a profession or business and enters into an agreement with the entrepreneur (art. 7:5a Dutch Civil Code).
• Distance contract: contract in which, within a system organized by the entrepreneur for the distance sale of products and/or services, products and/or services are offered and concluded using means of distance communication.
• Means of distance communication: any means by which an agreement can be concluded without the parties being simultaneously present in the same place.
• Reflection period (cooling-off period): the period during which the consumer can exercise his right of withdrawal (at least 14 days).
• Right of withdrawal: the possibility for the consumer to renounce the agreement within the reflection period (14 days).
• Day: calendar day.
• Long-term transaction: distance contract concerning a series of products and/or services to be delivered/taken over time.
• Durable data carrier: any means that enables the consumer or entrepreneur to store information personally in unaltered form so that it is accessible for future consultation.
• Business customer / purchaser: natural or legal person acting in the exercise of a profession or business.

ARTICLE 2 — IDENTITY OF THE ENTREPRENEUR

ARTICLE 3 — APPLICABILITY

1. These terms and conditions apply to all offers and agreements, both with consumers (distance) and with business customers, unless otherwise agreed in writing. Consumers cannot rely on provisions that deviate from mandatory consumer law.
2. Changes to these terms and conditions will take effect 30 days after electronic notification and will only apply to new orders. Changes that materially limit the rights of existing consumers will be announced in advance; in that case existing consumers may terminate the agreement free of charge.
3. The version of the terms and conditions that applied at the time the agreement was concluded remains applicable to agreements already concluded.
4. The entrepreneur archives the version of the Terms and Conditions that applied at the time of the order and attaches it as an appendix to the order confirmation.

ARTICLE 5 — RESERVATION OF AVAILABILITY, ERRORS AND CANCELLATION OF QUOTATION

1. All offers, quotations and agreements are made subject to the condition that the offered products are available.
2. Termination by consumer: If delivery is (partially) not possible, the consumer has the right to dissolve the agreement. The entrepreneur will inform the consumer immediately. In the event of dissolution, the entrepreneur will refund all amounts paid by the consumer within 14 days (including original shipping costs). Refund may be suspended until the product has been returned or has been demonstrably dispatched.
3. Apparent errors or mistakes (such as pricing errors) in an offer do not bind the entrepreneur; in that case he may cancel the agreement.
4. For B2B: the above arrangement applies in the event of non-performance due to stock or supplier issues, unless the parties have agreed otherwise in writing.

ARTICLE 6 — THE AGREEMENT

1. The agreement is concluded as soon as the customer has accepted the entrepreneur’s offer under the specified conditions (e.g. payment). For B2C, the order confirmation by e-mail constitutes proof of the agreement.
2. If the consumer has accepted the offer electronically, he will receive an order confirmation by e-mail. If this is not received, the consumer may request dissolution.
3. B2B: If the entrepreneur deviates in the order confirmation from the quotation, this is considered a new offer to which the business customer must consent. The agreement is only concluded when the customer has agreed in writing to that deviation.
4. The entrepreneur archives the original acceptance (e-mail or payment confirmation) and the applicable Terms and Conditions as proof of the conclusion of the agreement.

ARTICLE 7 — RIGHT OF WITHDRAWAL FOR DELIVERY OF PRODUCTS (B2C)

1. The consumer may dissolve the purchase without giving reasons within 14 days after receipt of the product (statutory right of withdrawal:contentReference[oaicite:66]{index=66}). The reflection period starts on the day after receipt.
2. The consumer exercises the right of withdrawal by sending the withdrawal form or by another unambiguous statement (e.g. e-mail) to the entrepreneur. The product may only be unpacked or used to the extent necessary to establish the nature, characteristics and functioning of the product.
3. The entrepreneur has informed the consumer at or before the conclusion of the agreement about the right of withdrawal, the period, the method of withdrawal and any costs for the consumer. If the entrepreneur has informed the consumer that the consumer bears the return costs, that applies (otherwise the entrepreneur reimburses the return costs):contentReference[oaicite:67]{index=67}. If the consumer has not been correctly informed, the withdrawal period may be legally extended (maximum up to 12 months):contentReference[oaicite:68]{index=68}.
4. Exceptions: The right of withdrawal does not apply to custom-made products and other stated exceptions (see Article 16). The entrepreneur has informed the consumer about this in advance and the consumer has consented to this in writing (art. 6:230p Dutch Civil Code):contentReference[oaicite:69]{index=69}.

ARTICLE 7.1 — RIGHT OF WITHDRAWAL: CONSUMERS (B2C) AND BUSINESS CUSTOMERS (B2B)

1. Definition For the application of this article, the definitions from Book 6 of the Dutch Civil Code are used. “Consumer” means any natural person acting for purposes that fall outside his trade, business or profession (see art. 6:230g DCC).
2. Consumers (B2C) The statutory right of withdrawal applies to agreements with consumers as laid down in art. 6:230o et seq. DCC. The consumer may dissolve the agreement within fourteen (14) days after receipt of the product without giving reasons, subject to the exceptions mentioned in the law (art. 6:230p DCC).
3. Business customers (B2B) For agreements with business customers (acting in the exercise of a profession or business), the right of withdrawal as regulated in art. 6:230o et seq. DCC does not apply. Business customers cannot invoke dissolution or return shipment on the basis of that right of withdrawal. Returns by business customers are only possible if TripleFabrics has granted prior written permission; unsolicited returns may be refused and/or returned at the sender’s expense.
4. Exceptions and custom work For special cases in which the right of withdrawal is excluded (for example custom-made or consumer-requested goods), reference is made to art. 6:230p DCC. Where TripleFabrics supplies custom-made products, this is explicitly stated with the product and in the order confirmation.
5. (References: art. 6:230g, art. 6:230o and art. 6:230p Dutch Civil Code).

ARTICLE 8 — COSTS AND REFUND ON WITHDRAWAL

1. Return costs (B2C): The consumer pays the direct costs of returning the product, unless the entrepreneur has agreed to reimburse them. (If the entrepreneur acknowledges the return costs, he bears them.)
2. Refund: The entrepreneur will refund the full purchase amount within 14 days of withdrawal, including the original shipping costs for the delivery:contentReference[oaicite:70]{index=70}. If the consumer used a more expensive method of delivery than the cheapest standard delivery offered, only the standard costs will be reimbursed. The entrepreneur may wait to refund until he has received the product or until the consumer has demonstrated that the product has been sent.
3. Reduction in value: If the returned product is damaged or used beyond what is necessary to establish the nature, characteristics and functioning, the entrepreneur may reduce the refund to compensate (without prejudice to statutory consumer rights).

ARTICLE 9 — PRICE

1. All prices are in euros and include VAT, unless expressly stated otherwise. Any shipping or administration costs will be clearly stated before the conclusion of the agreement.
2. B2C: The agreed price is binding; after conclusion of the agreement the price will not be increased (except for increases in statutory charges).
3. B2B: The entrepreneur may adjust prices in the event of substantial unforeseen cost price increases. The entrepreneur will inform the customer in time about a price adjustment and gives the customer the right to dissolve the agreement if the increase is unreasonable (e.g. >10%), unless agreed otherwise in writing.
4. For the application of VAT and other taxes, the situation at the time of delivery applies; for international deliveries import duties may be for the account of the customer.

ARTICLE 10 — CONFORMITY AND WARRANTY

1. Conformity: Delivered products comply with the agreement and the reasonable expectations of the consumer. The entrepreneur ensures compliance with relevant standards and specifications.
2. Statutory warranty B2C: Statutory rights of the consumer remain in force. In case of non-conformity, the entrepreneur offers free repair or replacement; if that is not possible, statutory remedies of dissolution or price reduction apply.
3. Liability B2B: Statutory consumer protection does not apply. The entrepreneur’s liability for direct damage is limited to the invoice amount of the delivery; liability for indirect damage is excluded, unless due to intent or gross negligence.
4. Exclusions: Damage due to normal wear and tear, ageing, discolouration (UV, weather influences), incorrect use, insufficient maintenance or incorrect assembly is excluded. Deviations caused by incorrect specifications provided by the customer are also excluded.
5. Notification of defects (B2C): Visible defects must be reported in writing within 14 days after delivery; hidden defects must be reported immediately after discovery.
6. Notification of defects (B2B): Visible defects must be reported in writing within 14 working days after receipt; hidden defects as soon as possible after discovery.
7. Complaints procedure: The customer should describe complaints as fully and promptly as possible. The entrepreneur confirms receipt within 14 days and aims to respond substantively within 30 days with a solution.

ARTICLE 11 — DELIVERY AND PERFORMANCE

1. The entrepreneur: delivers the ordered products within 30 days after the conclusion of the agreement. If delivery cannot be made within 30 days, the entrepreneur will inform the consumer no later than within this period and offer the possibility to dissolve the agreement (art. 6:230v paragraph 6 DCC):contentReference[oaicite:75]{index=75}. In case of dissolution all amounts paid will be refunded within 30 days.
2. The risk: of damage to or loss of the goods passes at the moment of delivery to the consumer (art. 7:11 DCC). If the consumer has chosen his own carrier, the risk passes as soon as that carrier takes possession of the product.
3. Suspension: The entrepreneur may suspend the fulfilment of his obligations as long as the customer has not fulfilled his payment obligations or has not provided security. This is done proportionately and after prior notification. In case of suspension the entrepreneur is not liable for any resulting damage.

ARTICLE 11.4 – PALLET DELIVERY (B2B / B2C)

11.4.1 NATURE OF PALLET DELIVERY

If the quotation, order confirmation or invoice indicates that delivery will be made by pallet shipment, the provisions of this article shall apply and shall be additional to the other provisions of these general terms and conditions.

Pallet deliveries are carried out by external carriers. TripleFabrics has no influence on route planning, the order of delivery addresses, the exact delivery moment or any delays within daily routes.

Any stated delivery dates, delivery days or time indications are indicative only and shall expressly not be considered as fatal deadlines within the meaning of Article 6:83 of the Dutch Civil Code. TripleFabrics will use reasonable efforts to inform the purchaser in a timely manner in case of delays, insofar as this falls within its sphere of influence.

11.4.2 SCHEDULING AND TIME OF DELIVERY

Pallet deliveries are scheduled by the carrier within daily routes. An exact time or time window for delivery cannot be guaranteed.

The purchaser expressly acknowledges that a pallet delivery is not comparable to a regular parcel delivery and that delivery may take place at any time during the full working day. A working day is defined as Monday through Friday, excluding nationally recognised public holidays in the Netherlands.

Delay in delivery, regardless of cause, does not entitle the purchaser to rescission of the agreement, compensation, suspension of payment obligations or price reduction, unless mandatory consumer law provides otherwise.

For consumers, TripleFabrics will propose an appropriate new delivery period in the event of an unreasonable delay in accordance with Article 7:19a of the Dutch Civil Code.

11.4.3 OBLIGATIONS OF THE PURCHASER

B2B PURCHASERS

• To carefully ascertain in advance that the delivery address is accessible, safe and suitable for pallet delivery;
• To ensure that someone is present during the entire working day to receive the pallet shipment;
• To be present at delivery themselves or to provide an authorised representative;
• To definitively determine the delivery address and the delivery method prior to invoicing;
• To inform TripleFabrics without delay in writing (including by e-mail) of circumstances that may affect delivery.

Changes after invoicing are only possible if agreed in writing.

B2C PURCHASERS

• To be available during the entire working day to receive the pallet shipment;
• If absent, to appoint an authorised representative who is authorised to accept the delivery;
• To take timely note of all delivery information provided by TripleFabrics or the carrier, including track & trace information insofar as available.

Absence or insufficient availability may lead to rescheduling or return of the pallet shipment and additional costs, insofar as permitted under mandatory consumer law.

By accepting a pallet delivery, the purchaser agrees that all costs of failed delivery, redelivery or storage may be fully recovered from him/her.

11.4.4 UNLOADING THE PALLET

If the quotation, order confirmation or invoice states that the pallet is offered not unloaded, the purchaser is fully responsible for unloading the pallet using suitable lifting or auxiliary equipment.

If it is not expressly stated that delivery will take place not unloaded, TripleFabrics will arrange the unloading of the pallet, insofar as this falls within the capabilities of the chosen carrier.

If on-site unloading proves impossible due to circumstances on the part of the purchaser (such as insufficient space, accessibility or missing equipment), the delivery will be deemed to have failed and the provisions of Article 11.4.6 shall apply in full.

TripleFabrics is not liable for damage or costs arising from the inability to unload a pallet if this is attributable to circumstances of the purchaser or the carrier.

11.4.5 RECEIPT AND INSPECTION

Upon receipt of the pallet shipment, the purchaser shall immediately inspect the delivery for visible damage or deviations.

Visible damage must be reported immediately to the driver, visually recorded and reported in writing (including by e-mail) to TripleFabrics without delay.

Damage that was reasonably not visible upon receipt (“concealed damage”) must be reported in writing to TripleFabrics no later than 7 calendar days after the delivery date, accompanied by clear evidence, including photographs.

After the expiry of this period it shall be presumed that the delivery was received undamaged, insofar as this is not contrary to mandatory consumer law. This period does not affect consumers’ statutory conformity rights.

11.4.6 ABSENCE, FAILED DELIVERY AND COSTS

If no one is present at delivery, or if delivery is not possible due to circumstances on the part of the purchaser, the carrier is entitled to return the pallet shipment, store it or schedule a new delivery attempt.

All costs arising therefrom, including but not limited to redelivery costs, return costs, storage costs and additional handling charges, shall be charged to the purchaser at the actual costs charged by the carrier, increased by any administrative costs of TripleFabrics. By accepting the pallet delivery the purchaser expressly agrees to this.

TripleFabrics is not liable for damage, delay or extra costs caused by the carrier or third parties.

11.4.7 CHANGES AND DEVIATING DELIVERY AGREEMENTS

Requests to change the delivery address, delivery method or delivery conditions are only possible during the quotation period and prior to invoicing.

Changes communicated after invoicing or too late, which result in the pallet shipment not being able to be adjusted or delivered in time, shall be entirely for the account and risk of the purchaser.

11.4.8 DROP-OFF DECLARATION AND DELIVERY WITHOUT SIGNATURE

B2B

For business purchasers, the pallet shipment shall be deemed delivered once it has demonstrably been placed by or on behalf of the carrier at the delivery address, regardless of signature or presence of the purchaser.

B2C

For consumers, delivery without signature is only legally valid if:

• the consumer has given express and demonstrable prior consent to delivery without signature, or
• a representative designated by the consumer has received the delivery.

TripleFabrics advises the purchaser to designate a secure delivery location. The risk of theft or damage after delivery lies with the purchaser, insofar as permitted under mandatory law.

11.4.9 DISPUTE OF DELIVERY AND BURDEN OF PROOF

If the purchaser asserts that a pallet shipment has not been delivered while the carrier has recorded a delivery registration, delivery shall be deemed to have occurred as soon as it has been demonstrably recorded by the carrier.

Evidence may include, among other things, scan and delivery records, GPS data, photo or video images and written statements from the driver or carrier. TripleFabrics advises the purchaser to retain as much evidence as reasonably possible.

The absence of a signed proof of receipt does not affect the validity of the delivery, insofar as this is not contrary to mandatory consumer law.

11.4.10 RISK AND LIABILITY

B2B

The risk of the pallet shipment passes to the business purchaser as soon as delivery has been demonstrably recorded by the carrier.

TripleFabrics’ liability in all cases is limited to exclusively the net purchase value of the delivered goods. TripleFabrics is expressly not liable for any form of indirect damage, consequential loss, business loss, lost profit, transport costs, repair costs or other damage in the broadest sense, unless there is intent or deliberate recklessness on the part of TripleFabrics.

TripleFabrics is not liable for damage, delay or extra costs caused by the carrier or third parties.

B2C

For consumers, the risk passes at the moment of actual receipt by the consumer or an authorised representative.

TripleFabrics’ liability is limited to the purchase price of the relevant goods, unless mandatory consumer law provides otherwise. TripleFabrics is not liable for indirect or consequential damage, insofar as permitted by law.

11.4.11 APPLICABILITY

The provisions of this article apply to both B2B and B2C purchasers.

In the event of conflict with mandatory consumer law, the statutory provisions shall always prevail.

By accepting the quotation, order confirmation or invoice in which pallet delivery is included, the purchaser expressly declares to have taken note of and to agree with the provisions of this article.

ARTICLE 12 — RETENTION OF TITLE

All goods delivered remain the property of the entrepreneur until the purchase price (including VAT and any agreed additional costs) has been paid in full. In case of non-payment the entrepreneur has the right to repossess the goods.

ARTICLE 13 — PAYMENT

1. Payment must be made within 14 days after the invoice date, unless agreed otherwise in writing:contentReference[oaicite:76]{index=76}. The payment instructions and the total price (including VAT and shipping costs) are clearly displayed during the ordering process.
2. If the consumer does not pay on time, he owes statutory commercial interest from 14 days after the invoice date (2% plus base) (art. 6:119 DCC):contentReference[oaicite:77]{index=77}. The same statutory interest applies to business customers for late payment.
3. Collection costs are only charged within the statutory limits (art. 6:119a DCC). For consumers only fixed costs (max. €40) may be charged if expressly agreed; business customers pay the agreed collection costs.

ARTICLE 14 — COMPLAINTS PROCEDURE

1. Complaints must be submitted to the entrepreneur within a reasonable time and described in full (see contact details in art. 2).
2. The entrepreneur confirms receipt of the complaint within 14 days and indicates when a substantive reply can be expected (within 30 days).
3. Consumers may, if applicable, make use of the dispute committee or complaints institute to which the entrepreneur is affiliated. This does not affect statutory rights.

ARTICLE 15 — ADDITIONAL OR DEVIATING PROVISIONS

1. Additional or deviating provisions in the agreement are only valid if they do not disadvantage consumers. Provisions listed on the black or grey list (art. 6:236–6:237 DCC) are unreasonably burdensome and void:contentReference[oaicite:79]{index=79}. Deviating conditions are only binding if they are agreed in writing by an authorized representative of the entrepreneur.
2. For business customers the agreed clause applies. Small entrepreneurs may sometimes benefit from consumer protection via reflex effect (art. 6:233a DCC) if their position is comparable to that of a consumer.

ARTICLE 16 — CUSTOM-MADE PRODUCTS: DELIVERY, DELAY, LIABILITY AND RETURN PROCEDURE

16.0 Definitions and applicability: Custom-made products are non-prefabricated items manufactured according to the customer’s specifications or clearly intended for a specific purchaser.
16.1 Exclusion of right of withdrawal: For consumers (B2C) there is no right of withdrawal for custom-made products (art. 6:230p paragraph 1 sub f DCC):contentReference[oaicite:80]{index=80}. The entrepreneur has informed the consumer about this before concluding the agreement. The consumer has given written consent to the loss of the right of withdrawal (for example by ticking a checkbox in the ordering process).
For business customers (B2B) custom-made products cannot be cancelled, dissolved or returned after order confirmation, unless expressly agreed otherwise.
16.2 Delivery times: Delivery times are indicative. Delay in delivery due to suppliers or transport does not automatically entitle to dissolution or damages, provided the entrepreneur has been put in default and a reasonable additional period has been given.
16.3 Transfer of risk: For consumers risk only passes upon actual delivery (art. 7:11 DCC). If the consumer chooses his own carrier, risk passes as soon as that carrier takes possession. For business customers risk passes on delivery to the carrier chosen by the customer.
16.4 Notification of defects:

• B2C: visible defects must be reported in writing within 14 days after delivery; hidden defects must be reported immediately after discovery (art. 7:23 DCC):contentReference[oaicite:81]{index=81}.
• B2B: visible defects must be reported in writing within 14 working days after receipt; hidden defects as soon as possible.

The notification must include photos or a clear description and the order number. If not reported in time, claims may lapse insofar as the delay complicates handling.
16.5 Return procedure: Returns of custom-made products are in principle refused. Only in case of a demonstrable shortcoming of the entrepreneur (e.g. production error) will the entrepreneur accept returns after written authorization (RMA). Unauthorized returns are returned at the sender’s expense. If further investigation shows that the complaint is unfounded, reasonable investigation and return costs are for the account of the consumer (B2C) or purchaser (B2B); if well-founded, the entrepreneur reimburses these costs.
16.6 Costs of return and repair:

• B2C: When exercising the right of withdrawal the consumer pays the return costs, unless the entrepreneur has indicated otherwise:contentReference[oaicite:82]{index=82}. If a shortcoming is acknowledged by the entrepreneur, he bears reasonable return and repair costs (art. 6:230s DCC).
• B2B: Return, transport and administration costs are borne by the purchaser, unless agreed otherwise. The entrepreneur may charge a reasonable re-stocking fee for authorized returns.

16.7 Repair, replacement and legal remedies: If the entrepreneur acknowledges a shortcoming, he will primarily carry out repair or replacement free of charge. If that is not possible or is disproportionate, statutory remedies of dissolution or price reduction apply for B2C (art. 7:17–7:20 DCC). For B2B only the contractually agreed remedies apply, except in cases of intent or gross negligence. 16.8 Exclusions of warranty (custom work): The exclusions mentioned in Article 10 (wear, incorrect use, wrong specifications etc.) also apply to custom-made products. These do not affect statutory consumer rights (art. 7:17 DCC).
16.9 Retention of title: Custom-made products remain the property of the entrepreneur until full payment has been made. The entrepreneur retains all rights in case of non-payment.
16.10 Force majeure: Force majeure includes events beyond the seller’s control (e.g. transport problems, strikes, fire, natural disasters, supplier failures). In case of force majeure the seller may suspend performance or (partially) dissolve the agreement without liability for damages.
16.11 Final provision: By ordering custom work the customer (B2C and B2B) agrees to the provisions in this article. He acknowledges that returns and withdrawal are only permitted as described herein, insofar as mandatory rules allow.

ARTICLE 17 — WRITTEN CONFIRMATION AND EXCLUSION OF ORAL AGREEMENTS

Oral promises or agreements do not bind the entrepreneur, unless expressly confirmed in writing by the entrepreneur. The content of the agreement is determined exclusively by written documentation (quotation, order confirmation, terms and conditions). In case of contradictions the written confirmation prevails.

ARTICLE 18 — REVIEWS AND PUBLIC STATEMENTS

The customer is entitled to post a review, complaint or other public statement about TripleFabrics’ products and/or services, provided it complies with requirements of honesty, factual accuracy and care (art. 6:162 DCC). The customer is expressly prohibited from posting statements that:

• contain incorrect, misleading or unverifiable facts (art. 6:162 DCC);
• are not based on an actual purchase or experience;
• are solely intended to cause reputational or turnover loss.

TripleFabrics reserves the right to immediately remove unlawful statements without warning and to take legal action.

18.2 Consumers (B2C)

Although consumers have the right to freedom of expression, this right ends when a statement is unlawful (art. 6:162 DCC). A review or other public statement is considered unlawful in any case if it:

• contains demonstrably incorrect facts;
• is insulting, discriminatory, threatening or disproportionately offensive;
• causes excessive or unreasonable damage to TripleFabrics, its employees or its business interests.

If a consumer posts an unlawful statement, TripleFabrics is entitled, without prior warning:

• to demand immediate removal or correction of the statement (art. 6:167 DCC);
• to hold the consumer liable for all demonstrable damage, including direct and indirect reputational damage, lost turnover, lost profit and reasonable legal costs (art. 6:95–106 DCC);
• to initiate legal proceedings, such as an injunction, to demand removal, correction and damages.

Explanation: TripleFabrics records evidence of date, time, content and context for each disputed statement. If the consumer disputes, the obligation rests on him or her to prove the correctness and lawfulness of the statement (art. 150 Code of Civil Procedure).

18.3 Business customers (B2B)

Business customers are expected to act professionally and carefully. Dissemination of factually incorrect, misleading or harmful statements is regarded as an unlawful act (art. 6:162 DCC) and may also qualify as an unfair commercial practice (art. 6:193a et seq. DCC).

If a business customer acts in breach of this article, TripleFabrics is entitled to:

• hold the customer directly and without notice liable for all direct and indirect damage;
• claim full compensation for reputational and turnover loss, lost profit and internal/external (legal) costs;
• promptly commence legal proceedings to demand removal, correction and damages (art. 6:167 DCC, art. 6:95–106 DCC).

A business customer may also be criminally prosecuted for defamation or slander (art. 261 and 262 Criminal Code).

18.4 Legal actions and evidentiary rules

TripleFabrics records evidence (date, time, content and context) for each disputed review or statement. If TripleFabrics makes it plausible that a statement is unlawful, the customer bears the obligation to prove the correctness and lawfulness of the statement (art. 150 Code of Civil Procedure).

All costs reasonably incurred by TripleFabrics to combat an unlawful statement – including full legal costs, extrajudicial collection costs and costs of external experts – are fully for the account of the customer (art. 6:96 paragraph 2 DCC).

18.5 Prohibition of anonymous or fictitious reviews

It is prohibited to publish reviews anonymously or under a fictitious identity. TripleFabrics is entitled to request customers to provide proof of purchase or experience. Posting a review without an actual customer relationship is considered an unlawful act (art. 6:162 DCC) and may also be considered an unfair commercial practice (art. 6:193a et seq. DCC).

18.6 Scope: also external platforms

The provisions of this article apply to all statements by customers, regardless of the platform on which they are published, including but not limited to Google, Trustpilot, Facebook, Instagram, LinkedIn and other social media channels. Unlawful statements on external platforms will be treated in the same way as statements on TripleFabrics’ own channels.

18.7 Prohibition of organised or collective actions

The customer is prohibited from participating in organised actions or campaigns aimed at posting multiple negative reviews or harmful statements (so-called “review bombing”). Any participant in such an action will be jointly and severally liable for the full damage caused thereby (art. 6:6 DCC j.o. 6:162 DCC).

18.8 Internal complaint obligation before review

Customers are obliged to first submit a complaint in writing to TripleFabrics and allow a reasonable period for a solution (art. 6:2 and 6:248 DCC), before posting a negative review or public statement. If this obligation is not met, a negative statement is in principle considered unlawful.

18.9 Evidence and monitoring clause

TripleFabrics is entitled to monitor online statements. Screenshots, digital log files and other recorded data constitute valid evidence of the content, context and publication date of a statement. Customer explicitly acknowledges this evidentiary value (art. 152 Code of Civil Procedure).

18.10 Joint and several liability

If an employee, representative or third party on behalf of a business customer posts a review or statement, both the natural person and the business customer are jointly and severally liable for all resulting damage (art. 6:6 DCC j.o. 6:162 DCC).

18.11 Final provision

This article does not affect other rights that TripleFabrics is entitled to under the law. In case of serious or repeated violations, TripleFabrics reserves the right to take both civil and criminal action. All claims will in that case be pursued with maximum severity and cost recovery.

APPENDIX I — ORDERING, PAYMENT, SHIPPING AND RETURNS PROCEDURE

1. ORDERING

1. Add products to your shopping cart and follow the ordering process. During checkout, order details, price including VAT and shipping costs are clearly shown.
2. Before an order is finally placed, the consumer must agree to these terms and conditions by ticking a clearly visible checkbox (not pre-checked).
3. Provide all requested information completely and correctly when ordering. You will receive an order confirmation by e-mail.

2. PAYMENT AND VAT

Payment is made via the payment methods offered in the webshop. The total price is displayed in the checkout including VAT and any shipping costs. For foreign deliveries additional import duties or charges may apply which are for the account of the customer.

3. SHIPPING

We ship within the Netherlands with regular carriers. For international shipping customers may contact customer service for delivery times and rates. Shipping costs within the Netherlands are visible in the webshop; current rates are shown during the ordering process.

4. RETURNS

1. Consumers have the right to cancel their order up to 14 days after receipt without giving reasons. After registering the withdrawal, the consumer has a further 14 days to return the product.
2. When returning, the product should, if reasonably possible, be returned in its original condition and packaging. We reserve the right to charge for depreciation in value in case of careless use or damaged packaging.
3. Custom-made products are in principle excluded from returns, unless there are production errors or clear deviations from the specification.
4. Contact customer service in advance for return instructions and always include a copy of the invoice and a short reason for the return.
5. Inspection on return: certain products are subject to additional inspection upon return, including lashing and lifting materials and specially custom-made goods.
6. Refund period: Within 14 days after registering the return shipment or after receipt of demonstrable proof of dispatch (depending on which date applies earlier), we will refund the purchase amount including shipping costs. Original shipping costs are only refunded if legally required or otherwise agreed.
7. Return costs from home/work to the webshop are for the customer’s account, unless otherwise agreed.

CONTACT & RETURN ADDRESS

Return address