Terms of service

General Terms and Conditions of Chastar, established in Amsterdam.
Koningin Wilhelminaplein 13, 1062 HH Amsterdam, registered with the Dutch Chamber of Commerce under number 75516810.

1. Definitions

1.1 In these General Terms and Conditions, the following terms have the meanings set out below:

• BUYER: Chastar's contractual counterparty, including third parties engaged by the Buyer in the performance of the Agreement(s).
• GENERAL TERMS AND CONDITIONS: these general terms and conditions of Chastar.
• GOODS: all goods covered by the Agreement and/or these General Terms and Conditions.
• DELIVERY: placing one or more goods in the possession or control of the Buyer, as referred to in the Agreement.
• AGREEMENT: every agreement entered into between Chastar and the Buyer, every amendment or addition to it, and all legal and other acts in preparation for and performance of that agreement.
• FORCE MAJEURE: any circumstance preventing Chastar from performing all or part of the Agreement that cannot be attributed to Chastar under Article 6:75 of the Dutch Civil Code, regardless of whether that circumstance arises in relation to Chastar, the Buyer or a third party.
• PARTY: Chastar or the Buyer; “Parties” means Chastar and the Buyer jointly.
• PRICE/PRICES: all amounts payable by the Buyer, whether once or repeatedly, in connection with the Buyer's purchase of Goods.
• RETURN SHIPMENT: returning to Chastar, by or on behalf of the Buyer or a carrier, Goods delivered to the Buyer or to a carrier's distribution centre.
• CHASTAR: Fashion Chastar B.V., a private limited company established at Koningin Wilhelminaplein 13, 1062 HH Amsterdam, showroom no. 1.01.16, registered with the Dutch Chamber of Commerce under number 75516810.

2. Applicability

2.1 These General Terms and Conditions always apply to all orders, requests for quotations and/or other legal acts made or carried out between the Buyer and Chastar in relation to the sale and Delivery of the Goods. If Chastar amends these General Terms and Conditions, the latest version will always apply to the aforementioned Agreement(s) and legal and other acts.

2.2 By entering into an Agreement with Chastar, the Buyer accepts these General Terms and Conditions.

2.3 The Agreement, including these General Terms and Conditions, constitutes a complete statement of the Parties' rights and obligations and replaces all preceding written and oral arrangements, declarations and/or conduct of the Parties. In the event of a conflict between these General Terms and Conditions and the Agreement, the provisions of the Agreement take precedence.

2.4 If one or more provisions of these General Terms and Conditions are wholly or partly void or annulled at any time, this does not affect the applicability of the remaining provisions. In that event, Chastar and the Buyer will consult to agree new provisions replacing the void or annulled provisions, taking account as far as possible of the purpose and intent of the original provisions.

2.5 Unless otherwise agreed in writing, these General Terms and Conditions apply to all Agreements, including requests and offers made by the Buyer to Chastar. Chastar expressly rejects the applicability of any general or specific terms or clauses of the Buyer.

2.6 The Buyer waives the right to seek rescission and/or partial or complete annulment, or amendment, of these General Terms and Conditions and/or the Agreement under Article 6:265 et seq., Article 6:228 and Article 6:230 of the Dutch Civil Code, respectively.

2.7 These General Terms and Conditions are sent on request and are also available on our website, www.fashionchastar.nl.

3. Formation and termination of Agreements

3.1 An Agreement is formed when the Buyer places an order with Chastar in writing, electronically and/or orally, and also by payment of an invoice from Chastar.

3.2 An Agreement is also formed if and to the extent that Chastar accepts an order in writing, electronically or orally, or has begun carrying out the Delivery.

3.3 The Buyer warrants to Chastar that the natural person placing the order for or on behalf of the Buyer is authorised to represent the Buyer, regardless of whether the Buyer is a partnership or legal entity.

3.4 Chastar may rescind the Agreement immediately at any time, without court intervention, by registered letter if:

• a. the Buyer has been declared bankrupt or a bankruptcy application has been made in respect of the Buyer;
• b. the Buyer has been granted a suspension of payments or has applied for one;
• c. the Buyer has begun proceedings to liquidate its business, is being dissolved or ceases its activities;
• d. the Buyer has been admitted to the statutory debt restructuring scheme for natural persons;
• e. the Buyer is in default of its obligations under the Agreement after having been given a reasonable period to perform;
• f. Force Majeure occurs.

4. Amendments and additions

4.1 Amendments and/or additions proposed by the Buyer to the Agreement or these General Terms and Conditions apply only if the Parties have agreed to them in writing.

4.2 If and to the extent that one or more parts of these General Terms and Conditions are departed from in writing, the provisions not expressly departed from remain fully effective. Agreed amendments to these General Terms and Conditions apply only to the cases specified in the corresponding Agreement, unless those departures are confirmed in writing in a subsequent agreement.

5. Performance

5.1 Chastar may engage third parties to perform the Agreement without informing the Buyer in advance.

5.2 Chastar may suspend performance of the Agreement wholly or partly if the Buyer fails to fulfil its obligations under the Agreement.

6. Time limits

6.1 Chastar will observe its stated time limits as far as possible. If an agreed time limit is exceeded, Chastar must first be given notice of default and a further reasonable period of at least fourteen (14) days to fulfil its obligations. The fact that products are offered on www.fashionchastar.nl at any particular time does not guarantee their availability at all times. Chastar reserves the right to withdraw Goods at any time.

6.2 Chastar may perform its obligations in instalments at any time.

6.3 Exceeding agreed time limits does not entitle the Buyer to any compensation.

7. Prices and payments

7.1 Goods supplied by or on behalf of Chastar remain Chastar's property until the Buyer has paid the relevant invoice in full.

7.2 All Chastar Prices are expressed in euros and exclude VAT unless otherwise stated. Prices shown on www.fashionchastar.nl exclude shipping costs. Chastar reserves the right to correct printing and typographical errors and to change Prices.

7.3 Chastar will provide the Buyer with an itemised, clearly presented invoice identifying the Agreement and/or Delivery to which it relates. The invoice will also clearly state the quantities of Goods supplied and the Prices applicable to each item.

7.4 Payments must be made to the bank account designated by Rebelz and stated on the invoice, unless otherwise agreed in writing.

7.5 If changes occur after formation of the Agreement and before completion of Delivery that Chastar did not foresee and/or include in the Price or Agreement, Chastar may adjust its Prices and invoice the Buyer accordingly. If a price increase exceeds 10% of the total amount payable by the Buyer under the Agreement, the Buyer may terminate the Agreement.

7.6 Invoices for Goods must be paid immediately and in any event within seven (7) days of the invoice date, without discount, compensation, suspension or set-off, unless another payment period has been agreed in writing. If the Buyer fails to fulfil its payment obligation within that period, the Buyer is automatically in default without notice of default being required.

7.7 From the time the Buyer is in default, the Buyer owes all costs of legal assistance, both in and out of court, connected with collecting the amounts due. The Parties agree that extrajudicial collection costs will be at least 15% of the principal amount, with a minimum of EUR 150. Chastar sends invoices to the Buyer by email and/or post.

7.8 If the Buyer states that payments will be made through third parties, the Buyer must notify Chastar in advance in writing or by email and provide written confirmation of the third party's agreement. If the third party does not fulfil its payment obligation, Chastar will recover the claim from the Buyer without any further notice of default. The Buyer must then pay the outstanding amount immediately.

8. Force Majeure

8.1 In the event of Force Majeure, Chastar may suspend all or part of its performance for the duration of the Force Majeure situation.

8.2 Chastar will notify the Buyer of an actual or imminent Force Majeure situation as soon as possible.

9. Complaints and returns

9.1 The Buyer must inspect the Goods upon Delivery. Any defect discovered must be reported to Rebelz immediately, and no later than seven (7) days after Delivery, in writing or electronically. If the complaint is not reported in time, the Buyer loses any claims against Chastar concerning defects in the Goods. In any event, claims arising from defects in the Goods expire one (1) month after the invoice date.

9.2 If a complaint has been reported in time, the Buyer must return the Goods within ten (10) days after Delivery. Return Shipments may be sent to Chastar, Koningin Wilhelminaplein 13, 1062 HH Amsterdam. If the complaint is reported in time but the Goods are not returned within ten (10) days after Delivery, the Buyer loses any claims against Chastar concerning defects in the Goods. In any event, claims arising from defects in the Goods expire one (1) month after the invoice date.

9.3 From the time of dispatch by Chastar to the Buyer, or from Delivery, the Goods are at the Buyer's expense and risk.

9.4 If Chastar sends Goods to the Buyer by post, or Goods are sent by Return Shipment, shipping costs are payable by the Buyer. Any problems with the Return Shipment, including damage, loss or delay affecting all or part of it, are at the Buyer's expense and risk.

9.5 Returned Goods must be in the same condition as when received. The Goods must not have been worn, washed, damaged, soiled or altered. Goods with detached or missing embellishments, such as studs, sequins or beads, will not be taken back. Goods must always bear the original attached Chastar or Soul Touch label.

9.6 The purchase invoice must always be supplied with a Return Shipment. If it is missing, Chastar may refuse the Return Shipment without being liable for any compensation.

9.7 If, in Chastar's sole judgement, (i) there is a demonstrable defect in the Goods, (ii) Articles 9.1, 9.2 and 9.5 of these General Terms and Conditions have been complied with, and (iii) Chastar has received the Goods, Chastar will in principle replace the defective Goods with exactly the same Goods, including the same colours, size ranges and prints. If this proves impossible, Chastar will repair the defective Goods. Replacement with other Goods from the collection or a credit for the invoice amount, to the extent paid, will only be considered if, in Chastar's sole judgement, repair is no longer possible.

10. Liability

10.1 Chastar is liable for a failure to fulfil its obligations under the Agreement only if and to the extent that the failure is the direct result of Chastar's intent or gross negligence.

10.2 Chastar's liability is in all cases limited to direct damage. Liability for indirect damage, including consequential damage, bodily injury or death, damage caused by delay, loss of turnover and lost orders, is excluded.

10.3 Any obligation of Chastar to pay compensation is limited per event, with a series of related events treated as one event, to the amount the Buyer owes Chastar under the invoice from which the obligation to compensate arises. Chastar's total compensation obligation is also limited to the amount paid out by Rebelz's liability insurance in the case concerned.

11. Intellectual property

11.1 All intellectual property rights in Goods produced by or on behalf of Chastar, including samples, swatches, concepts, webshop photographs, products or any other part of the Goods, and all registered trademarks and copyrights, belong to Chastar. Any use of www.fashionchastar.nl or its content, including copying or storing all or part of that content, is prohibited without Chastar's prior written permission.

11.2 To the extent that the Buyer makes intellectual property available to Chastar for performance of the Agreement, the Buyer is deemed to have granted Chastar a limited, non-transferable licence to use it. The Buyer warrants that this intellectual property belongs to it and indemnifies Chastar against all claims by the Buyer and/or third parties and resulting demands concerning Chastar's use of the materials and data made available by the Buyer and the associated intellectual property rights.

12. Other provisions

12.1 The Buyer may not transfer its rights and obligations under the Agreement to third parties without Chastar's prior written permission.

13. Governing law and competent court

13.1 These General Terms and Conditions, the Agreement and its performance are governed exclusively by Dutch law. Foreign legislation and treaties, including the United Nations Convention on Contracts for the International Sale of Goods, are excluded to the extent possible.

13.2 Disputes arising from the Agreement or these General Terms and Conditions that cannot be settled amicably between the Parties will be submitted to the competent court of the District Court of Amsterdam.