General Terms and conditions (updated March 2018)

Contents of the general terms and conditions:

Eks’kwizit is a registered trademark of RFTS concepts located in Arnhem (the Netherlands), registered at Trade Register of the Chamber of Commerce under number 53681312. eks’kwizit can be reached at info@ekskwizit.nl .

Eks’kwizit

Postbox 5084

6802 EB Arnhem

The Netherlands

Please read these terms and conditions carefully before using this website. This website is operated by eks’kwizit ("we", “our” or "eks’kwizit"). By accessing or using eks’kwizit.nl or eks’kwizit.com, you signify that you have read, understand and agree to be bound by these General terms and conditions (“Terms”) and any other applicable law, whether or not you are a registered member of eks’kwizit. Eks’kwizit may change these Terms at any time without notice, effective upon its posting to the website. You agree to review these Terms regularly to make yourself aware of any changes. This document contains all the information concerning all offers, orders, agreements and other legal relationships between eks’kwizit and a visitor of the websites, with respect to the use of the website, including the purchase and sale of a product on or via the website.

Your continued use of the website shall be considered your acceptance to the revised Terms. Please also read our privacy statement. If you do not agree to these Terms, please do not use this website.

1) Intellectual property

2) Designs

3) Buying an eks’kwizit product online

4) Payment information

5) Privacy and registration on the website

6) Shipping times and costs

7) Return policy and cancellations

8) Liability

9) Applicable law

1) Intellectual Property

All intellectual property on the website (except for user generated content) is owned by eks’kwizit, which includes materials protected by copyright. All content on the website (except for user generated content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is the proprietary property of eks’kwizit; All rights reserved.

Any and all marks, product names, logos, models and designs that are depicted on or affixed to the products or otherwise related to the products are the property of the eks’kwizit. You acknowledge eks’kwizit’s proprietary rights and will refrain from using these in any way, and you will refrain from any conduct that could harm or otherwise negatively affect eks’kwizit.

You may use the content only for your own non-commercial use to participate in the website or to place an order. Any other use is prohibited unless agreed on by eks’kwizit in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual property or content appearing on the website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

2) Designs

The designs used are property of the designer/ owner of the design. eks’kwizit has a legal contract with the designers and the permission to use the design for the production and commercial exploitation of the design. Designs can therefore not be copied or used for commercial use by any other person or company.

2.1 Designer information/ the process

Every private person who is the rightful owner of a design can e-mail a hi res JPEG or EPS file ( at least 300DPI) with the design. If eks’kwizit finds it appropriate for becoming the next eks’kwizit design, you shall receive an e-mail with the confirmation, a contract and the next steps in the process. As a reward you will receive free artshirt your design and 10% of the selling price of every sold product with your artwork. Please keep in mind that if items are sold to wholesalers, the 10% fee is over the wholesale price. After every two months you will receive a notification with the number of sold items. You can than send an invoice for the stated amount (quantity x fee). This fee is including taxes. When sold items are sent back to eks’kwizit, the fee will be subtracted from the next payment.

2.2 Rightful ownership

Any person who claims to be fully owner of the design he or she delivers to eks’kwizit has to be the 100% owner. If during the production process or any moment after this production process, it turns out that the delivered design is not fully owned by the person who claimed so, a fine of €1500 euros plus the actual costs made including any claims from the rightful owners, will be charged to this private person. There will be no maximum amount that can be charged, other than the above mentioned amount.

2.3 Property of the design

The design that is voluntarily offered by the rightful owner will be used for the production of eks’kwizit products and promotion of these products for selling purposes. Before actually using the design for production, the rightful owner will receive a separate contract. The designer/ rightful owner will keep ownership of the design and agrees with the fact that eks’kwizit will use the design for the production of the indicated quantity of items as stated in the contract. The designer agrees that Eks’kwizit is allowed to use the design on the eks’kwizit website, as part of the packaging, for promotion of the products that are sold and for promotional goals.

2.4 Information about the designer

As part of the agreement, there will be more information about the designer and his or her design on the eks’kwizit website, social media and promotional material. The displayed information will always be agreed upon by the designer. If the designer refuses to deliver this information or there can be no agreement about this information between eks’kwizit and the designer, eks’kwizit will not use the design and ends the contract.

2.5 Designs that are delivered but are not used

If for some reason eks’kwizit finds that the design doesn’t match with the criteria, the design is not being used. The designer will receive information about this decision. eks’kwizit has the right to refuse a design, without giving any explanation. The design will not be used for any commercial or non-commercial goal by eks’kwizit.

2.6 Delivering a design

• The file you deliver needs to have the following dimensions:

• Jpeg file 150cm x 120cm Landscape

• 180 DPI (when on real size)

• 10630 x 8504 pixels(must!)

• If possible including Adobe Color spacing (to ensure the right colors)

2.7 The quality of the end product

The final product including the design can differ in color or details from the actually delivered design, due to production limitations. The designer accepts this risk upfront and cannot disagree with the end product or hold eks’kwizit responsible for any possible damage. eks’kwizit has the intention to optimize the final product and tries to reach the best possible result.

2.8 Liability

Eks’kwizit is in no way responsible for any damage done to the rightful owners of a design. eks’kwizit cannot be hold responsible for any damage whatsoever.

3) Buying an eks’kwizit product online and instore

Ordering a product online can only be done by a private person of 16 years or older, not a company or reseller. The maximum number of articles per order is 6 articles.

3.1 The eks’kwizit purchase

1.choose a design and product

2.Add the products to your shopping basket

3.Fill in your personal data and activate your eks’kwizit account or be a guest

4.Proceed to checkout.

5.Select delivery and billing options.

7.Review your order.

8.Submit your order.

9.Pay safely via IDEAL/ PayPal or bank transfer

10.Receive an online order confirmation.

11.Receive status updates about your order

12.Receive your order within 2 to 3 weeks (depending on your home town)

Your order is placed once you have clicked the “Ordert” button at the end of the ordering process. You are than continuing the process with the payment of your order. Once we have received your order, an automated confirmation of receipt will be displayed on the website, which contains your order number and the details of your purchase. The purchase agreement has now been concluded. A copy of the automated order confirmation will be sent to your e-mail address.

3.2 Availability

Fulfillment of all orders on the websites is subject to availability. We try to ensure that all items offered for sale are in stock. However, we reserve the right not to accept any orders or to cancel confirmed orders for products that are out of stock. In such event we will inform you by e-mail and any payments will be refunded.

Eks’kwizit reserves the right not to accept your order, or to cancel the purchase agreement after the automated order confirmation if for any reason we don’t want to deliver a product.

3.3 Inspection upon delivery

You are obliged to inspect the eks’kwizit product when it has been delivered and to notify eks’kwizit within a reasonable term of 48 hours in the event that there are any visible defects or other complaints regarding the performance your order. Such complaints must be submitted in writing (via e-mail to info@ekskwizit.com) and must be fully and clearly substantiated.

3.4 Deviations in the product

You acknowledges that minor deviations that are generally considered acceptable and deviations that cannot be avoided or that are difficult to avoid in respect of the quality, size, colour, finishing or actual print compared to print on the website etc. of the eks’kwizit products do not constitute a well-founded reason to submit a complaint. Such complaints, and complaints regarding the fact that certain articles have been taken out of the product range, are not well founded. eks’kwizit will not be liable for any damage that you sustain as a result of such complaints.

All orders placed through the website are subject to eks’kwizit’s acceptance. This means that eks’kwizit may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your bank account has already been charged for an order that is later cancelled, than eks’kwizit will issue you a refund.

3.5 Buying products in stores

eks’kwizit products can also be bought at selected stores. The products bought at the stores have the same eks’kwizit warrantee as products that are sold online. The selected eks’kwizit dealers can be found on the website under “Retailers”.

4. Payment information

You can find the available payment method displayed on the homepage. We do not accept any other method of payment than IDEAL/ PayPal and bank transfer, as our system is not designed to process other payment methods. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.

4.1 Payment processing

When paying via IDEAL, PayPal or via bank transfer the amount of your order is deducted from your account as soon as you are finished with the payment. Your order will leave our warehouse shortly after the payment has been received. Please note: When paying via bank transfer, the order will be delivered with an extra delay of two or three days.

4.1.1 Payment methods

At the eks’kwizit website it is possible to pay via three different methods of payment; Ideal, PayPal and Bank transfer.

IDEAL:

A payment via IDEAL works in the same way as normal banking activities via the website of your own bank. It works as follows:

• Choose IDEAL as method of payment when placing your order and select your own bank. That bank is the same as the one you do your normal banking activities with.

• You will see the normal payment pages that you are used to when paying via the website of your own bank. The information from your order is already displayed.

• You will return to the eks’kwizit website, directly after the approval of your payment.

For further details about paying via IDEAL, please visit www.ideal.nl

PayPal:

PayPal acts like a digital wallet where you can securely store all your payment options, such as your bank account and credit card. When you want to make a payment, you don't have to pull out your credit card or type your billing info every time.

When placing your order, choose PayPal as your payment method, log in to your PayPal account, and select your preferred payment method. Your payment will take place in a safe way.

For further details about PayPal, please visit www.paypal.com

Bank transfer:

Another payment method is via Bank transfer. After finishing your order, please choose “Bank Transfer” as method of payment. You will receive our bank account information and you can transfer the money via your own bank. Your order will be processed as soon as we have received the payment of the order.

Please keep in mind that this method of payment will cause some delay in your order, while normally one or two days are necessary for a bank to handle this transfer.

4.2 Retention of title

Eks’kwizit retains title in the products until we have received full payment for all products.

4.3 Prices

The prices indicated on the website are denominated in euros, dollars or pounds, are inclusive of Value Added Tax (VAT) and are exclusive of possible shipping costs. The shipping costs will be charged separately. The total price due will be indicated when the order is placed and confirmed.

4.4 Shipping charges

 Shipping charges are applied per order. The exact shipping rates depend on the ship to address. For every order in the Netherlands the shipping costs are €2,99. Orders coming from outside of the Netherlands, but inside the Eurozone have a shipping charge of €4,99. Shipping charges for orders outside of the Eurozone are €7,99. The shipping charges apply per order.

4.5 The total price of your order

The total price specified in the final check out screen includes tax and shipping costs. The prices are quoted in the order confirmation and on the packing slip with your order as well. You can print the digital order confirmation for future reference.

4.6 Price changes and errors

Prices as displayed on the website are subject to change or can be wrong, because of manual adjustments. We reserve the right to change prices without notice. If during your order process the prices of the products you ordered are different from the prices as displayed on the website, you will receive the correct price in your order confirmation. If for some reason you don’t agree with the changed prices, you can reply to info@ekskwizit.com and have us delete your order.

5 Privacy and registration on the website

Please carefully read our privacy policy on this website. All statements concerning your privacy and the usage of your personal data can be found in this part of the website.

5.1 Registration

When placing your order, you can choose to register. Please fill out all necessary details and you generate an automatic log-in.

5.2 Safeguard Your Username/Password

You are responsible for any actions that take place while using your eks’kwizit account. Keep your username/password secure and do not allow anyone else to use your username/password to access the website. Please notify us immediately in case of any unauthorized use of your account. Eks’kwizit is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

5.3 User Generated Content

"User generated content" is communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other website users publish, display, upload, disclose, transmit, store, share or otherwise make available ("post") on or through the website, except to the extent the content is owned by eks’kwizit or its partners.

5.4 Posting Rules concerning user generated content

You are solely responsible for your user generated content, your interactions with other users and your activity on the website. Do not take any action or post anything that may expose eks’kwizit or its users to any harm or liability of any type.

Stay on topic and post only constructive comments and questions. Unless the website feature asks for it, don't talk about policies, future products, speculations or rumors about eks’kwizit products, or anything else off topic.

Flaming and insults are prohibited. Do not post user generated content, or a link to a website, that, in eks’kwizit's sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another website user or person.

Do not post personal information, including your email address or phone number. Do not collect or solicit personally identifiable information from other website users or send unsolicited emails or other communications. Do not collect, use or post on the website the private information of anyone else without their consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.

The website is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the website or accept payment from a third party in exchange for your performing commercial activity on the website. Do not post any user generated content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Website.

Do not impersonate any person or entity. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.

You are the owner or control all rights in any user generated content that you post on the website. You are responsible for ensuring that any user generated content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights.

Do not post any user generated content, take any action or use the website in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the website designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the website. Do not post user generated content that contains software viruses, programs or other computer code. Do not circumvent or modify any Website security technology or software.

eks’kwizit has the right to remove user generated content that does not comply with any of the above mentioned situations.

5.5 Complaints

If displayed user generated content is in any way offensive or in your eyes inappropriate, please notify us in writing. eks’kwizit will make good faith efforts to investigate allegations that any user generated content violates these general terms and conditions, but makes no promise that it will edit or remove any specific user generated content.

You are solely responsible for your interactions with other website users, whether online or offline in person. Eks’kwizit is not responsible or liable for any loss or damage resulting from any interaction with other website users or persons you meet through this website.

5.6 Data usage

After placing an order, we will use your data to send you information about your order and we will send you our newsletter once. Your data is only used for taking care of your order. At any moment you can send an e-mail to info@ekskwizit.nl addressed to our GDPR officer (Wim) asking what we do with your data or if you want your data to be removed. This can only be done after a request by e-maill. You can always file a complaint at the Dutch Authoriteit Persoonsgegevens when you feel your data is not used properly. Your data is not shared with other companies. All other people we work with for instance on improving our website and that might have possible access to your order data, have signed an AVG-agreement.

6 Shipping times and charges

6.1 Shipping times

Shipping times for the Netherlands is in general within 2 weeks. The long delivery times are because of our production process in which every item is hand made. Eks’kwizit is not a standard product, made in bulk quantities, but unique and handmade. The average production time is 2 weeks.Hopefully you can keep this in mind. If this period is not to be reached, you will receive information about your order shortly after your order confirmation. Shipping times for other countries differ per country. An indication of the shipping times for countries outside of the Netherlands are: Eurozone +5 days, rest of the world +7-9 days.

6.2 Shipping charges

Shipping rates are applied per order. The exact shipping rates depend on the country of delivery. For details on shipping rates per country see article 4.4 Shipping rates

6.3 Split delivery

Where possible, we try to deliver in one go. However, an order may result in split shipments. We

reserve the right to split the delivery of your order, for instance (but not limited to) if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at purchase. You will not be charged for any additional delivery costs.

6.4 Inspection upon delivery (see also article 3.5)

You will be obliged to inspect the eks’kwizit product when it has been delivered and to notify eks’kwizit within a reasonable term in the event that there are any visible defects or other complaints regarding the performance your order. Such complaints must be submitted in writing (via e-mail) and must be fully and clearly substantiated.

6.5 Transfer of risk

The risk with respect to any damage to or loss of the eks’kwizit products will be transferred to you as from the time at which the products are delivered.

8. Returns policy and Cancellations

8.1 Cancelling order before delivery

You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. If you have submitted an order and wish to cancel, please send us an e-mail at info@ekskwizit.com . If your order is successfully canceled, you will receive an email and the cancellation will be free of charge. If cancellation was not possible and your order is already shipped, you can use the returns policy as stated in article 8.3. You have to return the products to us and your money will be refunded.

8.2 Returning products after delivery – damaged products

You are entitled to return products delivered to you in the event that they are damaged, obvious production failures or otherwise not in conformity with your order when you received them. You can do so within 14 days after you notice the defect. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. Defectives should always be communicated with us in writing via info@ekskwizit.com, prior to actually returning the product. Please read article 3.6 “Deviations in the product”, about possible minor deviations.

8.3 Returning products without reason- non damaged products

You can send the product back free of charge (after having send an e-mail), within a term of 14 days after the product has been received, without stating the reason for doing so, provided that the product has not been worn, unwashed, undamaged and in the original and undamaged packaging. If the you wis to purchase another product you will have to place a new order on the website.

In the case referred to in the preceding subsection, we will refund the purchase price (not the transportation costs) as quickly as possible, but in any event within 30 days after you have indicated in writing that you want to return the product. If not all the products that form part of your order are returned, we are entitled to deduct the original shipping costs from the purchase price before the refund.

If the product is subject to the previous mentioned situation in which for example it has been worn or washed, then eks’kwizit has the right to refuse the returned product and your money will not be refunded.

8.4 Returning procedure online

In case of returning goods because they are defective or otherwise not in conformity with your order, please send an e-mail first at info@ekskwizit.com with your order number, first and last name. We will send you the exact return procedure via e-mail. Please indicate if the product is damaged or not. In the package you have received you will find a return label that you need to place on the return envelope.

8.4.2 returning policy Retail

When you have bought a product via a selected eks’kwizit dealer (selected dealers can be found on the website under the “Eks’kwizit dealers” section) and you are not satisfied, products can be returned to the dealer you have bought the product from. The dealer will only except the return if it is liable to reasons as stated within the general return policy (chapter 8.2/ 8.3). If the complaint or return is according to these standards, you will receive your money or a giftcard for the involved amount. Depending on the standard terms of this particular dealer. Eks’kwizit cannot be held responsible for the standard terms of its dealers.

8.5 Refund information

In the event you return goods because they are defective or otherwise not in conformity with your initial order, we will pay for the ship-to and return-shipping costs. In the event you return goods for reasons other than defectiveness or non-conformity with your order, your initial shipping costs will not be refunded. In practice, when returning, you will use our logistics provider. If you don’t follow the instructions as stated in the e-mail you have received with the return instructions, the extra costs if higher than the original transportation costs will be deducted from the original purchase price that you have paid.

Refunds will be issued based on the original form of payment. Please read the instruction you will receive via e-mail when you have notified us about the return via the contact form at “Contact”

9) Liability

EKS’KWIZIT IS NOT LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT AN EKS’KWIZIT EVENT OR ANY USER GENERATED CONTENT, EVEN IF EKS’WKIZIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST EKS’KWIZIT FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE.

9.1 Product liability

You will have a 6 months warrantee on any eks’kwizit product starting from the moment of receiving your order, under the circumstances of normal usage. If for some reason (within the normal usage rule, see 8.2) the product cannot be used further before the end of the 6 months warrantee, because of production errors or excessive color fading, you can return the product. Please see the return policy at art 8.4

9.2 Normal usage

The eks’kwizit products are to be used as regular clothing, without any special performances other than expected from regular clothing. Please read the washing instructions on any product for general usage of the product.

9.3 Protect your personal data

Please keep your personal log-in and password to yourself. Any damage and financial claims resulting from actions done by anyone that is acting out of your name, with your personal data will be your responsibility.

10) Applicable law

Any disputes arising in connection with these general terms and conditions between eks’kwizit and any other privat person or company is governed by Dutch law.