1. style and fashion

GENERAL CONTRACT CONDITIONS
The public limited company with limited liability Street Style B.V. (plc),
Established in Zoetermeer (The Netherlands) and with registered office in Rotterdam (The Netherlands), Keilestraat 9 (postal
code 3029 BP); - from here onwards: Street Style
ARTICLE 1. APPLICABILITY
1. Where in these general conditions (the) customer is mentioned, this refers to either a part-contractant and/or contractor
and/or buyer and/or user; this means the natural or legal person with whom this agreement is or will be made and therefore,
their representative(s), authorized representative(s), successor(s) and heirs.
2. Unless otherwise agreed in writing, these conditions are considered to be accepted by the customer.
3. References of customer to customer’s own terms are not accepted if not agreed otherwise expressly and in writing.
4. These conditions are applicable to, and are part of, all promotions, advices, services, agreements, and the obligations arising
from these. If these conditions are deviated from, then the remaining conditions remain applicable, even without express
notification.
ARTICLE 2. PROMOTIONS/OFFERS/ADVICE
1. All promotions are valid for the period as indicated by Street Style. In the case no period is indicated, the Street Style
promotions are not binding.
2. Advices and/or offers are not binding and based on information as provided by the customer.
3. In the case that Street Style incurs costs of any nature for publishing offers, giving price indications or granting advice, Street
Style is entitled to charge the actual costs to the customer.
4. Sending promotions and/or other documentation does not oblige Street Style to delivery or acceptance of any order.
5. Street Style reserves the right to refuse contracts and/or orders without indication of reasons, or to deliver with cash on
delivery.
ARTICLE 3. AGREEMENT
1. An agreement with Street Style is established after Street Style has expressly (in writing or by other means) or actually
accepted a contract or has confirmed an order, respectively. The written order confirmation is considered to correctly and
completely display the agreement.
2. Additional agreements or modifications made after establishing the agreement, as well as agreements and/or promises made
by Street Style personnel, sales staff, agents, representatives or other Street Style intermediaries only oblige Street Style when
these have been confirmed in writing by Street Style.
ARTICLE 4. PRICES
1. All Street Style price quotations are net, and therefore exclude indebted sales tax, other government levies and exclude
additional packing, transport and insurance costs.
2. Unless stated otherwise, all quotations are stated subject to price change.
3. In case of price increase of one or more cost price factors, Street Style is entitled to increase the order price proportionally, in
compliance with the relevant existing legal requirements.
ARTICLE 5. PAYMENT SECURITY
1. At the start of the agreement, Street Style is entitled to require a minimum 30% deposit in the form of advance payment.
2. Street Style is also entitled to require from customer that adequate security is made for performing the payment obligations,
such as, for example, a bank guarantee.
ARTICLE 6. PAYMENT
1. Payment is to be carried out at the choice of Street Style, either immediately by phone, or by pre-payment, or net cash, or
within 30 days after invoice date at the office premises of Street Style, or transfer to a bank account, indicated by Street Style.
2. If Street Style receives the payment within eight days after invoice date, a 2% discount of the invoice amount, excluding
V.A.T., will be applied.
3. Every customer payment serves primarily to pay the obliged interest as well as collection costs and/or administration costs
incurred by Street Style and after that will be debited to the oldest outstanding liability.
4. Any claim for deduction or debt reconciliation will never be permitted to customer and the customer expressly renounces
these.
5. Deviating payment agreements are only binding if agreed in writing.
6. In case another payment method has been agreed, payment needs to be made within 30 days maximum after the specific
invoice date.
7. Objections to an independent part of a specific invoice never waive the customer’s payment obligation with respect to timely
payment of the remaining invoice items.
8. Customer automatically is in failure through the expiry of the payment date, without further summons or notice.
9. When an invoice has not been fully or partially paid within above mentioned payment terms, customer owes interest to Street
Style, amounting to statutory interest plus 2% per annum on the principal amount.
10. In case of extrajudicial collection or attempt thereto, customer is indebted, besides the principal amount and interest,
collection costs, which amount to 15% of the outstanding principal amount, with a minimum of € 280.00 (excluding V.A.T.). The
obligation to pay these costs already follows from the mere fact of written third party collection notification.
11. In case of court recovery, including filing for bankruptcy, the customer still is indebted, besides the court costs, also the
interest and the extrajudicial costs, as stated in this article.
ARTICLE 7. PENALTY CLAUSE
1. If the customer indicates not to comply with his contractual obligations, or if from other conduct it appears that he will not fulfill
his contractual obligations, customer directly and without default notice is indebted a penalty to Street Style.
2. The penalty as referred to in paragraph 1 amounts to, if the customer:

Expresses not to fulfill his contractual obligations, or if from other conduct it appears that he will not fulfill his
contractual obligations, more than 3 months before goods need to be delivered, 30% of the invoice amount charged by
Street Style to customer;

Expresses not to fulfill his contractual obligations, or if from other conduct it appears that he will not fulfill his
contractual obligations, less than 3 months, but more than 2 months before goods need to be delivered, 40% of the
invoice amount charged by Street Style to customer;

Expresses not to fulfill his contractual obligations, or if from other conduct it appears that he will not fulfill his
contractual obligations, less than 2 months before goods need to be delivered, 50% of the invoice amount charged by
Street Style to customer.
3. The provisions in paragraph 2 do not affect Street Style’s possibility to, instead of the penalty, claim complete damage
reconciliation from the customer, to the extent that the actually suffered damage exceeds the stipulated penalty.
4. The provisions in paragraph 1 and 2 further do not affect Street Style’s possibility to, in case of customer’s non-compliance to
fulfill his contractual obligations, call on other legal measures.
ARTICLE 8. RETENTION OF TITLE
1. The delivered goods will remain Street Style’s property, as long as the customer has not paid completely, as part of the
contract. The customer is obliged to arrange for careful treatment and does not have the right to transfer these goods to third
parties or to put them forward as collateral, to rent them out, or to remove them from the premises where they were delivered,
until the entire purchase price and possible additional costs have been completely paid.
2. In case the customer fails to, timely, comply to any obligation from the specific agreement, in particular payment, Street Style
is entitled to take back goods without notice and without judicial intervention. The customer is obliged to cooperate to this, or
incur a penalty of forfeiture amounting to a fine of € 250.00 per day that the customer is negligent in this respect.
3. Street Style is entitled to a right equal to as mentioned in the previous paragraph when customer is declared bankrupt,
requests moratorium or has payment difficulties during the payment period. In the latter case, Street Style is entitled to request
payment security, which must be given within two days after request, failing of which will entitle Street Style to take back
delivered goods without judicial intervention.
4. Taking back goods in compliance with what is mentioned in this article does not affect Street Style’s right for compensation,
as a consequence of the rules to be applied to any attributable failure to perform an obligation.
ARTICLE 9. DELIVERY/DELIVERY TIME
1. Unless agreed otherwise, delivery will occur ex-Street Style’s company/shop/warehouse. At the moment that the
goods/property leave Street Style’s premises, the risk in the contract of sale involving carriage of the goods is transferred to the
customer. Free delivery will only take place if and to the extent that it has been stated on the order confirmation/invoice or
otherwise by Street Style.
2. Customer is responsible to check the delivered and/or the packing immediately at delivery for shortage and/or damage, or to
execute this control following Street Style’s notice that the goods are available to the customer. If the customer fails to
immediately notify Street Style for shortage and/or damage, the customer forfeits his right to any action relevant to his complaint
and is still required to pay the full amount owed.
3. Street Style is entitled to deliver in parts and also to invoice in parts.
4. In the case that the customer notices deficits and/or damage on the delivered goods, the customer is responsible to report
this on the delivery slip or on the invoice and/or the transport documents; failing to do so voids the processing of the claims.
Street Style’s administration is decisive in that case.
5. Delivery time is understood to be the agreed period in which the obligations as per the agreement must be executed.
6. Delivery time commences at the moment that Street Style sends the order confirmation and possesses all materials and
information, regardless whether such is supplied by customer or by third parties.
7. Assignment of delivery time is approximate. Street Style commits to comply with the agreed delivery time as much as
possible. Exceeding the delivery time does not entitle the customer to dissolve the agreement.
8. If it has been stipulated, in writing, before Street Style has committed itself to an agreement with customer, that delivery
should take place on or before a certain date, when therewith delivery is an essential part of the agreement (fatal term and this
has been recorded in written), the customer is entitled to dissolve the agreement exclusively in case of exceeding the delivery
date.
9. After passing of the delivery time, in case customer has not taken the goods, the goods will be at customer’s disposal, stored
at the cost and risk of the customer. After a two-week period, Street Style has the right to (privately) sell the goods and any
potential lower revenue as well as costs are borne entirely by the customer.
ARTICLE 10. TRANSPORTATION AND RISK
1. Street Style is entitled to choose the way of transport, sending and/or packaging without any liability resulting, provided that
Street Style has made this choice with sufficient care.
2. Transport of goods takes place at customer’s costs and risk; also when carrier requests that on transport bills, transport
addresses, etc., Street Style’s name must be listed.
3. All transport costs incurred by Street Style are to be borne by the customer for orders below € 450.00.
4. Any transport insurance must be provided by customer.
ARTICLE 11. FORCE MAJEURE
1. Force majeure means: each independent of the parties’ wills and/or unforeseeable (onvoorzienbare) circumstance, through
which fulfillment of this agreement can no longer be required.
2. In relation to the above, also the following is considered as force majeure:

Malfunctioning in Street Style’s company, or obstacles that makes normal execution of the agreement impossible,
costly or objectionable;

Strike, illness of accidents of the personnel that is working on the assignment;

Hindrance of whatever cause of Street Style’s suppliers;

War, danger of war, riots, natural disasters, fire, transportation obstructions, government measures that influence
contract implementation, and any other unforeseen events in Street Style’s company or in the companies from which
Street Style buys goods, which are related to the contract;

Delayed or erroneous delivery by any cause whatsoever, for goods that have been timely and correctly ordered by
Street Style.
3. In case of force majeure, customer will give Street Style the opportunity during one month after the agreed delivery date of
the goods, to fulfill her obligations. If the situation of force majeure remains, Street Style is entitled to claim that the contract is
modified in such a way that it is executable. If the latter is not reasonably possible, both parties have the right to view the
contract as dissolved. The declaration of dissolution needs to be done in writing to the other party. When dissolving regarding
the force majeure situations as described in this paragraph, none of the parties is entitled to compensation from the other.
ARTICLE 12. RIGHT OF RETENTION
1. On all goods, which on behalf of the customer are under Street Style, whatever the cause is, Street Style has the right of
retention, as long as customer has not met all its obligations.
ARTICLE 13. REPLACEMENT OF GOODS
1. Street Style is authorized to, at its own judgment, to replace obsolete models/goods by current.
ARTICLE 14. COMPLAINTS/WARRANTY
1. Complaints to any invoice must be presented, with proper comments, within 14 days after invoice date, in written to Street
Style, failing which voids customer’s right for complaints.
2. Compliance with the provisions hereinafter determined, Street Style guarantees that the goods and/or services it supplies are
sound (deugdelijk) and of such a quality that they meet the requirements that reasonably can be expected from the delivered
goods.
3. Warranties with respect to goods/services that Street Style has bought from third parties for execution of customer contract
do not exceed possibly granted warranties of these third parties.
4. Faults caused by any acts or negligence to timely or inadequately follow up any customer or third party obligations, which
reasonably cannot be blamed to Street Style, are not covered by the warranty as provided by Street Style.
5. If customer invokes warranty, Street Style is entitled to, in order to assess the rightfulness of the objection, inspect the
supplied and/or installed goods. If in Street Style’s view the appeal for warranty was done rightfully, Street Style will pay to
customer a compensation that will never be higher than the invoiced and/or paid amount for these goods, or Street Style will
repair or has repaired the supplied and/or installed goods, or Street Style will take the goods back and replace these by sound
units and/or equivalent goods/services that are not a breach of intellectual or industrial third parties property rights, this at Street
Style’s choice.
6. Warranty is never related to defects of delivered and/or installed goods, if these directly or indirectly result from wear or
negligent use.
7. Every warranty request should be presented as soon as possible, but at least within one month after delivery and/or
installation, in written and supplied with an adequate explanation, to Street Style, failing of which expires the warranty right.
ARTICLE 15. LIABILITY
1. Street Style is not liable for the consequences of incorrect information and advice of Street Style personnel in accordance
with Article 6:170 BW (Burgerlijk Wetboek - Dutch civil law), or faults encountered in folders, brochures and/or other promotional
materials.
2. Except for the provisions of the mandatory law regarding product liability, Street Style is not obliged to any damage
compensation, of whatever nature, direct or indirect, including working damage to movables or real estate, or to persons, both
the customer’s and third parties’.
3. If legally is determined that Street Style is liable, for whatever cause, Street Style’s liability is limited at all times to an amount
equal to the invoiced amount of the supplied goods and/or the executed work/services, to which the liability is related.
4. Customer is obliged to indemnify Street Style for all third parties’ claims, regardless under which description and on which
ground.
ARTICLE 16. GENERAL
1. Products supplied by Street Style are exclusively intended for standard commercial use. Street Style is entitled to demand
additional contractual securities if the customer wants to use or uses the Street Style products in a different way.
2. Customer’s rights and obligations as indicated in these general contract conditions and agreements subject to these general
contract conditions, are not transferable by customer without prior written permission from Street Style.
3. Customer will refrain from recruiting, or attempt to do this, of Street Style employees involved in execution performances
subject to which this agreement without written permission from Street Style, under penalty of forfeiture of € 25,000.00 per
employee.
ARTICLE 17. APPLICABLE LAW
1. Only Dutch law applies to all promotions, advices, work executed and/or supplied services by Street Style, agreements and
execution of these.
ARTICLE 18. DISPUTES
1. All disputes – including disputes regarding the explanation of these general contract conditions – will be exclusively settled by
the authorized court in Rotterdam (The Netherlands), unless Street Style chooses to adiate the court that the law designates.
The provisions of this paragraph are not applicable if the sub-district court is the (absolutely) authorized court.