Article 1 - Definitions

1. Ciro Amsterdam: Ciro Amsterdam, located at Schakelplein 65, 1521RZ Wormerveer, KvK number 93294778.
2. Ciro Amsterdam is a part of the corporate group of Bisado VOF
3. Client: the person with whom Ciro Amsterdam has entered into an agreement.
4. Parties: Ciro Amsterdam and Client together.
5. Consumer: a Customer who is also an individual acting as a private person.

Article 2 - Applicability

1. These conditions apply to all quotations, offers, work, orders, contracts and deliveries of services or products by or on behalf of Ciro Amsterdam.
2. Ciro Amsterdam and the Customer can only deviate from these conditions if agreed in writing.
3. Ciro Amsterdam and the Client expressly exclude the applicability of the general conditions of the Client or others.

Article 3 - Prices

1. Ciro Amsterdam uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
2. Ciro Amsterdam may change the prices of its services and products on its website and in other communications at any time.
3. Increases in the cost prices of products or parts thereof, which Ciro Amsterdam could not foresee at the time of making the offer or entering into the agreement, may give rise to price increases.
4. The consumer has the right to cancel a contract due to a price increase in paragraph 3, unless the increase is due to a legal regulation.

Article 4 - Samples and Models

1. If the Customer has received a sample or model of a product, they cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.

Article 5 - Payments and Term of Payment

1. Ciro Amsterdam may require a down payment of up to 50% of the agreed amount when entering into the agreement.
2. The Customer must have made a subsequent payment within 7 days of delivery.
3. The payment terms used by Ciro Amsterdam are strict payment terms. This means that if the Client has not paid the agreed amount at the latest on the last day of the payment term, they are automatically in default and in default, without Ciro Amsterdam having to send the Client a reminder or give notice of default.
4. Ciro Amsterdam may condition a delivery on immediate payment or require security for the total amount of the services or products.

Article 6 - Right of Advertising

1. When the Customer is in default, Ciro Amsterdam may invoke the right of complaint with respect to the unpaid products delivered to the Customer.
2. Ciro Amsterdam exercises its right of complaint by written or electronic communication to the Customer.
3. As soon as the Customer has been informed of the invoked right of complaint, the Customer must immediately return the relevant products to Ciro Amsterdam, unless otherwise agreed in writing.
4. The Customer shall pay the cost of retrieval or delivery in paragraph 3.

Article 7 - Right of Withdrawal

1. A consumer may cancel an online purchase within 14 days of purchase without giving a reason. This right of withdrawal does not apply when:

   • the product has been used
   • it is a product that can spoil quickly, such as food or flowers
   • it is a product that has been customized or adapted specifically for the consumer
   • it is a product that cannot be returned for hygiene reasons, such as underwear or swimwear
   • the seal is not intact, if it is data carriers with digital content, such as DVDs or CDs
   • the product or service involves lodging, travel, a restaurant business, transportation, a catering service, or a form of leisure activity
   • the product is a loose magazine or loose newspaper
   • the consumer has waived his right of withdrawal

2. The 14-day cooling-off period in paragraph 1, begins:

   • on the day after the consumer has received the last product or part of 1 order
   • once the consumer has confirmed that he will purchase digital content via the Internet

3. Consumers may exercise their cooling-off period by sending an email with that subject to info@ciro-amsterdam.com, possibly using the withdrawal form available on Ciro Amsterdam's website, ciro-amsterdam.com.

4. The consumer must return the product to Ciro Amsterdam within 14 days after having expressed his right of withdrawal, failing which his right of withdrawal lapses.

Article 8 - Reimbursement of Delivery Costs

1. If the consumer has revoked their purchase and returned the entire order to Ciro Amsterdam in a timely manner, Ciro Amsterdam will refund any shipping costs paid by the consumer within 14 days of receiving the timely, fully returned order.
2. The cost of delivery shall be borne by Ciro Amsterdam only to the extent that the entire order is returned.

Article 9 - Reimbursement of Return Costs

1. If the consumer invokes his right of withdrawal and returns the entire order in time, the Customer shall pay the cost of doing so.

Article 10 - Right of Lien

1. Ciro Amsterdam may exercise its right of retention and, in that case, retain products of the Client until the Client has paid all outstanding bills of Ciro Amsterdam, unless the Client has provided sufficient security for those costs.
2. The right of lien also applies on the basis of previous agreements under which the Customer has yet to pay money to Ciro Amsterdam.
3. Ciro Amsterdam is not liable for any damage suffered by the Customer due to the use of its right of retention.

Article 11 - Retention of Title

1. Ciro Amsterdam remains the owner of all products delivered until the Customer has paid all outstanding invoices of Ciro Amsterdam relating to an underlying agreement, including claims due to failure to perform.
2. Until that time in paragraph 1, Ciro Amsterdam may exercise its retention of title and repossess the goods.
3. Before ownership has passed to the Customer, the Customer may not pledge, sell, dispose of, or otherwise encumber the products.
4. If Ciro Amsterdam makes use of its retention of title, this will undo the agreement and Ciro Amsterdam may claim damages, lost profits, and interest from the Client.

Article 12 - Delivery

1. Delivery will take place while supplies last.
2. Delivery will take place at Ciro Amsterdam, unless otherwise agreed.
3. Delivery of products ordered online takes place at the address specified by the Customer.
4. If the Client fails to pay the agreed amounts or fails to pay them on time, Ciro Amsterdam may suspend its obligations until the Client pays.
5. Late payment constitutes creditor default, which means that the Client cannot hold a late delivery against Ciro Amsterdam.

Article 13 - Delivery Time

1. Ciro Amsterdam's delivery times are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
2. The delivery time starts when the Customer has fully completed the ordering process and has received a confirmation thereof from Ciro Amsterdam.
3. The Customer will not receive compensation and may not undo the contract when Ciro Amsterdam delivers later than agreed. The Customer may, however, undo the contract when agreed in writing or when Ciro Amsterdam is unable to deliver within 14 days, after being reminded in writing or the Customer and Ciro Amsterdam have agreed otherwise.

Article 14 - Actual Delivery

1. The Customer must ensure that the actual delivery of its ordered products can take place on time.

Article 15 - Transportation Costs

1. The Customer will pay the cost of transportation, unless the Customer and Ciro Amsterdam have agreed otherwise in writing.

Article 16 - Packaging and Shipping

1. If the packaging of a delivered product has been opened or damaged, the Customer must have this noted by the carrier before taking delivery of the product. If the Customer does not do this, he cannot hold Ciro Amsterdam liable for any damage.
2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Ciro Amsterdam prior to transport. If the Customer does not do this, he cannot hold Ciro Amsterdam liable for any damage.

Article 17 - Retention

1. If the Customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the Customer.
2. Any additional costs resulting from premature or late purchase of products shall be borne entirely by the Customer.

Article 18 - Warranty

1. The warranty on products applies only to defects caused by faulty manufacture or construction or faulty material.

2. The warranty does not apply:

   • in the case of normal wear and tear
   • for damages caused by accidents
   • for damage caused by modifications made to the product
   • for damage caused by negligence or incompetent use by the Customer
   • when the cause of the defect cannot be clearly determined

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the Customer at the time they are legally and/or actually delivered, or at least come into the control of the Customer or a third party who takes delivery of the product on behalf of the Customer.

Article 19 - Exchanges

1. The Customer may exchange a purchased item. This is subject to the following conditions:

   • exchanges are made within 14 days of purchase on presentation of the original invoice
   • the product is returned in its original packaging or with its original tags attached
   • the product has not been used

2. Discounted products and custom-made products cannot be exchanged.

Article 20 - Indemnification

1. The Customer shall indemnify Ciro Amsterdam against any claims by third parties relating to products delivered by Ciro Amsterdam.

Article 21 - Complaints

1. The Customer shall inspect a product delivered or work carried out by Ciro Amsterdam as soon as possible for any shortcomings.
2. If a product delivered or service provided does not meet what the Customer could reasonably expect from the agreement, the Customer must inform Ciro Amsterdam as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. The Customer must describe the shortcomings in detail so that Ciro Amsterdam is able to respond adequately.
4. The Customer must demonstrate that the complaint relates to an agreement between the parties.
5. If a complaint relates to work in progress, this cannot in any case result in Ciro Amsterdam being obliged to perform work other than what has been agreed.

Article 22 - Notice of Default

1. The Client must give written notice of default to Ciro Amsterdam.
2. It is the Customer's responsibility that a notice of default actually reaches Ciro Amsterdam in a timely manner.

Article 23 - Joint and Several Liability of the Customer

1. If Ciro Amsterdam enters into an agreement with multiple Customers, each of them shall be jointly and severally liable for the full amounts due to Ciro Amsterdam under that agreement.

Article 24 - Liability of Ciro Amsterdam

1. Ciro Amsterdam is liable only for any damage to products caused by intent or gross negligence.
2. Ciro Amsterdam is never liable for indirect damage, such as consequential damage, lost profits, lost savings, or damage to third parties.
3. If Ciro Amsterdam is liable, this liability is limited to the amount paid out by a closed liability insurance policy and in the absence of a (complete) payment of an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
4. All illustrations, photographs, colours, drawings and descriptions on the website or in a catalogue are indicative only and are only approximate. Any compensation cannot result in this.

Article 25 - Limitation Period

1. Any right of the Customer to compensation from Ciro Amsterdam lapses in any case 12 months after the event from which the liability directly or indirectly results. This does not exclude the provisions of Section 6:89 of the Civil Code.

Article 26 - Dissolution

1. The Customer has the right to dissolve the contract if Ciro Amsterdam imputably fails to fulfil its obligations, unless this shortcoming, given its special nature or minor importance, does not justify dissolution.
2. If the fulfilment of the obligations by Ciro Amsterdam is not permanently or temporarily impossible, dissolution can only take place after Ciro Amsterdam has been declared in default.
3. Ciro Amsterdam has the right to dissolve the agreement with the Customer if the Customer does not fulfil his obligations in full or on time, or if Ciro Amsterdam has become aware of circumstances that give it good reason to fear that the Client will not fulfil his obligations properly.

Article 27 - Force Majeure

1. In addition to the provisions of Section 6:75 of the Civil Code, a failure by Ciro Amsterdam to fulfil any obligation towards the Customer cannot be attributed to Ciro Amsterdam in a situation independent of the will of Ciro Amsterdam, as a result of which the fulfilment of its obligations towards the Customer is wholly or partially prevented or as a result of which the fulfilment of its obligations cannot reasonably be expected of Ciro Amsterdam.
2. The force majeure situation referred to in paragraph 1 also includes, but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); failure and force majeure of suppliers, delivery persons, or other third parties; unexpected power, electricity, internet, computer, and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages.
3. If a force majeure situation arises as a result of which Ciro Amsterdam cannot fulfil 1 or more obligations towards the Client, those obligations will be suspended until Ciro Amsterdam can meet them again.
4. From the time that a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Ciro Amsterdam is not obliged to pay any compensation or damages in a force majeure situation, even if it has obtained an advantage as a result of the force majeure situation.

Article 28 - Modification of General Conditions

1. Ciro Amsterdam may modify or supplement these general conditions at any time.
2. Changes of minor importance can be made at any time.
3. Ciro Amsterdam will discuss major changes in content with the Customer as much as possible in advance.
4. Consumers are entitled to cancel the contract in the event of a substantial change to the general terms and conditions.

Article 29 - Transfer of Rights

1. Customer cannot transfer its rights deferring from an agreement with Ciro Amsterdam to third parties without the prior written consent of Ciro Amsterdam.

Article 30 - Consequences of Nullity or Annullability

1. If one or more provisions of these general conditions prove null and void or annullable, this will not affect the other provisions of these conditions.
2. A provision that is void or voidable will be replaced by a provision that is as close as possible to the intent of the void or voidable provision.

Article 31 - Applicable Law and Competent Court

1. Any agreement between the parties shall be governed exclusively by Dutch law.
2. The Dutch court in the district where Ciro Amsterdam is located is exclusively competent in case of any disputes between the parties, unless the law prescribes otherwise.