Terms and Conditions.

These Terms and Conditions outline the rules and regulations for the use of NEAL’S Clothing’s Website, located at https://nealsclothing.com/.

By accessing this website we assume you accept the “Terms” (Article. 1.2). Do not continue to use NEAL’S Clothing if you do not agree to take all of the Terms.

Definitions and Terminology

Seller: NEAL’S Clothing

  • V.O.F.
  • registered in the Trade Register of the Chamber of Commerce under number (KVK-nummer): 74536516
  • VAT number (BTW-identificatienummer): NL859939613B01
  • street address: Zeeheldenlaan 225 5612GB Eindhoven, The Netherlands
  • e-mail address: support@nealsclothing.com 
  • website: https://nealsclothing.com/

Buyer: a natural person who is of legal age and who is not acting within the context of practising a profession or conducting a business, with whom the Seller concludes an Agreement.

User: a natural person, who is of legal age and who is not acting within the context of practising a profession or conducting a business, who is using the Website.

Affiliate Partner: a natural person, who is of legal age and who is acting within the context of practising a profession or conducting a business, who is advertising the Website.

Order: an order placed by the Buyer in accordance with the procedure described in article 3 for the delivery of one or more products.

Product: a NEAL’S Clothing product that the Seller offers for sale on the Website.

Purchase Price: the price indicated on the Website for a Product, including the VAT and the shipping costs.

Agreement: the Order, which the Seller has accepted as such.

Terms (General Terms): total agreement on terms consisting of Terms and Conditions, a Privacy Policy, a Cookies Policy, and additional Terms and Conditions, legal notices and terms which apply to various activities on the Website, including Terms and Conditions applicable to the purchase of goods or services and to specific areas of the Website (e.g. concerning competitions, offers or other similar elements). 

Website: https://nealsclothing.com/

The following terminology applies to these Terms and Conditions, Privacy Policy, Cookie Policy, Disclaimer Notice and all other Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions (Buyer, User or Affiliate Partner). “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company (Seller). “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Article 1. Applicability and acceptance of the General “Terms”

1.1

These General “Terms” that have been made available online by the Seller on https://nealsclothing.com/ govern all offers, orders, agreements and other legal relationships between the Buyer, User or Affiliate Partner and the Seller with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.

1.2

These Terms and Conditions apply to access to and use of the Website. We also have a Privacy Policy, a Cookies Policy, and additional Terms and Conditions, legal notices and terms may also apply to various activities on the Website, including Terms and Conditions applicable to the purchase of goods or services and to specific areas of the Website (e.g. concerning competitions, offers or other similar elements). All of the above apply by reference to it and together with the Terms of Use constitute a contractual agreement (the (General) “Terms”) between NEAL’S Clothing (“The Company”, “Ourselves”, “We”, “Our”,“Us” and any similar expression) and you.

You must fully accept the Terms before using this Website. You can accept the Terms in two ways:

(1) by clicking on “I accept” or “I agree” (with) the Terms, if this option is displayed or available, and

(2) by using the Website.

IF YOU VISIT THE WEBSITE OR USE IN ANY OTHER WAY YOU AGREE TO HAVE READ, UNDERSTAND AND ACCEPT THE TERMS.

Unless otherwise specified, the Terms may be changed at any time. You must always consult these general terms and conditions before the Buyer uses the Website. If you continue to use the Website AFTER IMPLEMENTING CHANGES, you are deemed to agree to these changes.

If you do not understand these Terms or any part of the Terms, or if you do not agree to their content, we request that you stop using this Website.

Article 2. Privacy

2.1

NEAL’S Clothing Privacy Policy applies to the use of the Website, and by reference to it, the terms of the Privacy Policy are part of the (General) Terms. Go to the NEAL’S Clothing Privacy Policy via our footer on the Website. We attach great importance to security and that is why your personal data is protected. We use industry-known Secure Socket Layer (SSL) technology and other reasonable security measures to protect personal information from unauthorized use or disclosure. All confidential data, such as payment data, is encrypted and transferred via a secure channel with SSL encryption.

2.2

We employ the use of cookies. By accessing NEAL’S Clothing, you agreed to use cookies in agreement with the NEAL’S Clothing’s Cookie Policy. NEAL’S Clothing Cookie Policy applies to the use of the Website, and by reference to it, the terms of the Cookie Policy are part of the (General) Terms.

Article 3. Conclusion and content of the Agreement

3.1

The presentation and advertising of Products in our Website does not constitute a binding offer to conclude a purchase agreement.

3.2

The Buyer may select Products from the Seller’s range of goods, particularly clothing, shoes and fashion items in the desired style, colour and size, and place these into a “shopping cart” by clicking on the “add to cart” button.

3.3

In the shopping cart is an overview of the selected goods.

As soon as the Buyer has finished selecting and checking the contents for the shopping cart, they can continue by clicking on the button “proceed to checkout”.

3.4

After clicking on the button “proceed to checkout”, the Buyer types in the required data.

The Buyer can then choose between the following payment methods:

  • Immediate bank transfer: with this payment method the Buyer submits a legally binding order by clicking on the “pay” button. This “pay” button will only work if the General Terms and Conditions of the Seller have previously been approved by checking the box next to the information concerning these General Terms and Conditions. Before clicking the “pay” button the Buyer can cancel the order at any time, change the contents of the order by removing existing goods from and/or adding new products to the shopping cart, and change the shipping address and payment method. Once they have clicked on the “pay” button, the Buyer will be redirected to the website of the external provider to make payment.
  • PayPal: with this payment method the Buyer submits a legally binding order by clicking on the “pay” button. This “Buy now” button will only work if the General Terms and Conditions of the Seller have previously been approved by checking the box next to the information concerning these General Terms and Conditions. Before clicking the “pay” button the Buyer can cancel the order at any time, change the contents of the order by removing existing goods from and/or adding new products to the shopping cart, and change the shipping address and payment method. Once they have clicked on the “pay” button, the Buyer will be redirected to the PayPal website to make payment.
  • Credit card: With this payment method the Buyer must enter the corresponding credit card information. By clicking on the “pay” button the Buyer then submits a legally binding order. This “pay” button will only work if the General Terms and Conditions of the Seller have previously been approved by checking the box next to the information concerning these General Terms and Conditions. Before clicking the “pay” button the Buyer can cancel the order at any time, change the contents of the order by removing existing goods from and/or adding new products to the shopping cart, and change the shipping address and payment method. We would point out that, with this payment method, the placing of the binding order and payment take place simultaneously.

3.5

An agreement only comes into existence once the Seller has accepted the order, either by means of a declaration of acceptance or by delivering the ordered Product. The Seller shall immediately confirm the receipt of the Order which the Buyer has placed via the Website in an e-mail to the Buyer. Such an e-mail does not yet constitute a binding acceptance of the Order unless, besides the confirmation of receipt, it also contains a statement of acceptance.

3.6

The Seller reserves the right to refuse the Order placed by the Buyer or suspend the Buyers account in the following cases:

  • if the information submitted by the Buyer is false and/or incomplete, or if the Seller can reasonably question its veracity;
  • if due payment by the Seller does not take place immediately after placing the Order by clicking on the button “Buy now”;
  • if the Buyer has already failed to fulfill their payment obligations towards the Seller in the past;
  • if the Buyer has refused to accept and/or failed to collect any orders which they have placed with the Seller in the past;
  • if there is an obvious or processing error in the prices given on the Website
  • if any activity from the Buyers account appears fraudulent or suspicious.

3.7

The Seller shall notify the Buyer as soon as possible if an Order is not accepted. In such a case, any payments which have already made by the Buyer shall be immediately refunded.

3.8

The Order, the confirmation of the Order by the Seller, as well as the Data Protection Directive and the Conditions of Use of the Website published on the Website, and these General Terms and Conditions, constitute the entire Agreement between the Buyer and the Seller with regard to the use of the Website and the placing and carrying out of an order.

3.9

After the Buyer has clicked on the “Place order” button, thereby placing a legally binding Order, they are taken to a payment page in accordance with their chosen payment method. On that page, the Buyer completes the appropriate fields in order to carry out the payment and then authorises the payment.

Article 4. Delivery method and delivery dates

4.1

Shipment will be made using a carrier designated by the Seller.

4.2

After the Agreement has been concluded the Seller will send the Products as quickly as possible to the address indicated by the Buyer, provided that the Seller has received the full Purchase Price if the Buyer has chosen for advance payment.

4.3           

The Seller will make delivery in accordance with agreed delivery dates to every extent possible; however, the Buyer acknowledges that the delivery dates are based on the circumstances of which the Seller is aware at the time at which the Agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to the Seller.

4.4

The Buyer will receive notice after the Agreement is concluded in the event that the delivery is delayed or in the event that an order cannot be executed in whole or in part.

4.5

The risk with respect to any damage to or loss of the Products will be transferred to the Buyer as from the time at which the Products are delivered.

Article 5. Price and payment

5.1

The prices indicated on the Website are denominated in your local currency or in euros, are inclusive of Value Added Tax (VAT) and are exclusive of shipping costs. The return shipping costs will be borne by the Buyer. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.

5.2

The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.

5.3

Payment may be made using the methods indicated on the Website and must be made within 14 days after the Product has been delivered. 

5.4

The Buyer is obliged to notify the Seller immediately regarding any errors in the payment details that the Buyer has provided to the Seller.

5.5

In the event that the Buyer exceeds the term for payment he/she will be in default by operation of law, and the Seller will be entitled to charge statutory interest on the outstanding amount as from the due date.

Article 6. Right to return

6.1

The Buyer will be entitled to return the Product that has been delivered within a term of 14 days after the Product has been received, without stating his/her reason for doing so, in the manner indicated by the Seller, provided that the Product has not been worn (trying on clothing is permitted), is undamaged (wearing or washing it is not permitted) and (insofar as possible) is in the original and undamaged packaging. The Buyer will not be permitted to exchange the Product for another Product. If the Buyer wishes to purchase another Product he/she will have to place a new order on the Website. 

6.2

The return shipping costs will be borne by the Buyer.

6.3

The Seller will refund the Purchase Price as quickly as possible, but in any event within 30 days after NEAL’S Clothing received the returned product. 

6.4

Return Policy can be found via our footer on the Website by clicking on ‘Returns and refunds’.

Article 7. Force majeure

7.1

The Seller is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede the Seller from complying with its obligations, and that cannot be attributed to the Seller because they cannot be blamed on the Seller, and cannot be deemed to be for the Seller’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as – but not restricted to – war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engaged by the Seller, a failure on the part of the Seller’s suppliers to supply goods or a failure on the part of the Seller’s suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of the Seller or third parties that it engages.

7.2

If as a result of a situation involving force majeure the Seller fails to comply with its obligations under the Agreement or fails to do so in a timely manner, the Seller will be entitled to perform the Agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the Agreement in whole or in part, without the Seller being obliged to pay the Buyer any compensation in that respect.

Article 8. Complaints

8.1

The contact details of the Seller can be found via our footer on the Website by clicking on ‘Contact’.

8.2

The Buyer will be obliged to inspect the Product when it has been delivered and to notify the Seller within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.

8.3

The Seller will respond to any complaints that it receives.

8.4           

The Buyer acknowledges that: minor deviations and deviations that are generally considered acceptable in respect of the quality, size, colour, finishing, etc. of Products cannot be avoided or are difficult to avoid and do not constitute a well founded reason to submit a complaint. Such complaints, and complaints regarding the removal of certain Products from the Website, are not well founded. The Seller will not be liable for any damage that the Buyer sustains as a result of such deviations or the removal of such Products from the Website. 

8.5           

The Buyer will fully cooperate in the event that the Seller recalls a Product. The Buyer will notify the Seller immediately in the event that the Buyer suspects that a Product has a safety defect and is subject to being recalled.

Article 9. Intellectual property rights

9.1

Any and all marks, product names, logos, models and designs (referred to below as the ‘IP Rights’) that are depicted on or affixed to the Products or otherwise related to the Products are the property of the Seller or one or more of its group companies. The Buyer acknowledges the Seller’s proprietary rights in respect of the IP Rights and will refrain from using the IP Rights in any way, and the Buyer will refrain from any conduct that could harm or otherwise negatively affect the IP Rights.

9.2

Unless otherwise stated, NEAL’S Clothing and/or its licensors own the intellectual property rights for all material on NEAL’S Clothing. All intellectual property rights are reserved. You may access this from NEAL’S Clothing for your own personal use subjected to restrictions set in these Terms and Conditions.

You must not:

  • republish material from NEAL’S Clothing
  • sell, rent or sub-license material from NEAL’S Clothing
  • reproduce, duplicate or copy material from NEAL’S Clothing
  • redistribute content from NEAL’S Clothing

This Agreement shall begin on the date hereof.

Article 10. Guarantee and Liability

10.1

The Seller is required by law to provide a Product that meets the contract with the Buyer.

10.2

The Seller is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that the Buyer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which the Seller is legally liable towards the Buyer, exceed the Purchase Price. This provision is not intended to exclude the Seller’s liability in the event of bodily injury or death.

10.3

The Seller refers to the disclaimer (Article. 15) with regard to its liability in respect of the Website and the use of the Website.

Article 11. User input

11.1 

Parts of this website offer an opportunity for Users to post and exchange opinions and information in certain areas of the website in the form of a Comment. The definition of Comment: a verbal or written remark expressing an opinion or reaction.

11.2

NEAL’S Clothing does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of NEAL’S Clothing, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, NEAL’S Clothing shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

11.3

NEAL’S Clothing reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

11.4

If you place a comment you warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
  • You hereby grant NEAL’S Clothing a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Article 12. Hyperlinking content

12.1

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

12.2

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of NEAL’S Clothing; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

12.3

If you are one of the organizations listed in 11.2 above and are interested in linking to our website, you must inform us by sending an e-mail to NEAL’S Clothing. The contact details of the Seller can be found via our footer on the Website by clicking on ‘Contact’. Please include your name, your organization name, contact information as well as the URL of your website, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

12.4

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
  • No use of NEAL’S Clothing’s logo or other artwork will be allowed for linking absent a trademark license agreement.

12.5

Without prior approval and written permission, you may not create frames (iFrames) around our Webpages that alter in any way the visual presentation or appearance of our Website.

12.6

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

12.7

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

12.8

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Article 13. Invalid Provisions

13.1

In the event that any provision contained in these General Terms and Conditions is invalid:

  • the remaining provisions contained in these Terms and Conditions will nonetheless remain in effect; and
  • the invalid provision will have to be interpreted as, or converted into, a valid provision having the same purport to every extent possible.

Article 14. Law

14.1 

NEAL’S Clothing is operating in The Netherlands and therefore will follow the Dutch law.

Article 15. Disclaimer

15.1

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Version: 15 july 2020

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