Terms and conditions

Article 1 - Definitions

  1. HALFNAAKT, having its registered office in Utrecht, the Netherlands, is referred to in these general terms and conditions as "seller".
  2. The other party to the seller is referred to in these general terms and conditions as the purchaser.
  3. The parties are the vendor and the purchaser together.
  4. The contract refers to the purchase agreement between the parties.

Article 2 - Applicability of general terms and conditions

  1. These terms and conditions shall apply to all quotations, offers, agreements and delivery of services or goods by or on behalf of seller.

  2. Deviation from these conditions is only possible if expressly agreed in writing by the parties.

Article - Pre-Order

  1. This is a pre-order. This means that the products are made only after an order has been placed. Please read up on it and check the sizes. 

Article 3 - Payment

  1. The full purchase price is always paid immediately in the webshop. Otherwise promptly via bank payment granted by e-mail.

  2. If no payment has been received by the seller, no delivery will be made.

Article 4 - Offers, quotations and price

  1. Offers are without obligation, unless the offer states a period for acceptance. If the offer is not accepted within that period, the offer lapses.

  2. Offers and quotations do not automatically apply to repeat orders. The parties must agree this explicitly and in writing.

  3. The price mentioned on the offers, quotations and invoices consists of the purchase price including VAT and any other government levies due.

Article 5 - Right of withdrawal

  1. After receipt of the order, the buyer is entitled to dissolve the agreement within 14 days without giving reasons. The period starts from the moment the entire order is received by the consumer.

  2. The consumer can contact the seller about the right of withdrawal via the information on the contact page.

  3. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the unused and undamaged product with all delivered accessories and - if reasonably possible - in the original shipping packaging to vendor, in accordance with the reasonable and clear instructions provided by vendor.

Article 6 - Amendments to the agreement

  1. If, during the execution of the agreement, it appears that for a proper execution of the assignment it is necessary to modify or supplement the work to be performed, the parties shall amend the agreement accordingly in good time and in mutual consultation.

  2. If the parties agree that the agreement is amended or supplemented, the time of completion of the execution may be affected as a result.

  3. If the amendment or supplement to the Agreement has financial and/or qualitative consequences, the Seller shall inform the Buyer thereof in writing in advance.

  4. If the parties have agreed on a fixed price, the Seller shall also indicate to what extent the amendment or supplement to the Agreement will result in an overrun of this price.

  5. Contrary to the provisions of the third paragraph of this article, vendor cannot charge additional costs if the change or supplement is the result of circumstances attributable to him.

Article 7 - Delivery and transfer of risk

  1. As soon as the purchased item is received by purchaser, the risk shall pass from vendor to purchaser.

Article 8 - Examination and complaints

  1. Purchaser shall be obliged to examine the goods delivered at the time of delivery, but in any event within as short a period as possible. In doing so, purchaser shall examine whether the quality and quantity of the delivered goods correspond with what the parties have agreed, or at least whether the quality and quantity meet the requirements applicable to them in normal (business) transactions.

  2. Complaints regarding damage, shortages or loss of delivered goods must be submitted to the seller in writing within 10 working days from the day of delivery of the goods by the buyer.

  3. If the complaint is declared well-founded within the specified period, the seller has the right to either repair, redeliver or abandon delivery and send the buyer a credit note for that part of the purchase price.

  4. Minor and/or industry-standard deviations and differences in quality, number, size or finish cannot be held against the seller.

  5. Complaints regarding a certain product do not affect other products or parts belonging to the same agreement.

  6. No complaints shall be accepted after the goods have been processed at the buyer's premises.

Article 9 - Samples and models

  1. If a sample or model has been shown or provided to purchaser, it is assumed to have been provided as an indication only, without the goods to be delivered having to correspond to it. This is different if the parties have explicitly agreed that the good to be delivered shall correspond with it.

Article 10 - Delivery

  1. Delivery shall be 'ex-factory/shop/warehouse'. This means that all costs are for buyer's account.

  2. Purchaser shall be obliged to take delivery of the goods at the moment that vendor delivers them or has them delivered to him, or at the moment at which these goods are made available to him in accordance with the agreement.

  3. If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, the Seller shall be entitled to store the goods at the Buyer's expense and risk.

  4. If the goods are delivered, the Seller shall be entitled to charge any delivery costs.

  5. If the Seller requires information from the Buyer for the performance of the Agreement, the delivery period will commence after the Buyer has made this information available to the Seller.

  6. A delivery period stated by the Seller is indicative. It is never a deadline. If the term is exceeded, the Buyer must give the Seller written notice of default.

  7. The Seller will be entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial deliveries have no independent value. In the event of delivery in parts, vendor shall be entitled to invoice these parts separately.

Article 11 - Force majeure

  1. If the seller cannot fulfil his obligations under the agreement, or cannot fulfil them on time or properly, due to force majeure, he shall not be liable for any damage suffered by the buyer.

  2. By force majeure parties mean in any case every circumstance which seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be required by purchaser, such as for instance illness, war or threat of war, civil war and riots, acts of war, sabotage, terrorism, energy failure, flooding, earthquake, fire, occupation of premises, strikes, lock-outs, changed government measures, transport difficulties and other disruptions in seller's business.

  3. Furthermore, the parties shall understand force majeure to be the circumstances in which suppliers on which the buyer is dependent for the execution of the agreement fail to comply with their contractual obligations towards the seller, unless the seller is to blame.

  4. If a situation as referred to above arises as a result of which the Seller cannot fulfil its obligations to the Buyer, those obligations shall be suspended for as long as the Seller cannot fulfil its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties shall be entitled to dissolve the agreement in full or in part in writing.

  5. In case the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.

Article 12 - Transfer of rights

  1. Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision is deemed to be a clause with property law effect as referred to in Article 3:83, second paragraph, of the Civil Code.

Article 13 - Retention of title and right of retention

  1. The goods and parts delivered to vendor shall remain the property of vendor until purchaser has paid the entire agreed price. Until that time, vendor may invoke its retention of title and repossess the goods. 

  2. If the agreed amounts to be paid in advance are not paid or not paid in time, the seller is entitled to suspend the work until the agreed part has been paid. This shall constitute creditor default. Late delivery cannot be held against the seller in that case. 

  3. The Seller shall not be authorised to pledge or otherwise encumber the goods subject to its retention of title. 

  4. If goods have not yet been delivered, but the agreed advance payment or price has not been paid as agreed, the seller has the right of retention. The goods will then not be delivered until the buyer has paid in full and in accordance with the agreement. 

  5. In the event of liquidation, insolvency or suspension of payment of purchaser, purchaser's obligations shall be immediately due and payable. 

Article 15 - Obligation to complain 

  1. Purchaser is obliged to immediately report complaints about the work carried out to vendor. The complaint shall contain as detailed a description as possible of the shortcoming, so that seller is able to respond adequately. 

  2. If a complaint is well-founded, vendor is obliged to repair and possibly replace the good. 

Article 16 - Guarantees 

  1. If guarantees are included in the agreement, the following shall apply. Vendor guarantees that the sold product complies with the agreement, that it will function without defects and that it is suitable for the use that purchaser intends to make of it. This guarantee applies for a period of 6 months after receipt of the goods sold by the buyer. 

  2. The guarantee referred to is intended to create an allocation of risks between the Seller and the Buyer such that the consequences of a breach of guarantee are always entirely for the Seller's account and risk and that the Seller can never invoke Section 6:75 of the Dutch Civil Code in respect of a breach of guarantee. The provisions of the previous sentence also apply if the Buyer was aware or could have been aware of the breach by carrying out an investigation. 

  3. The said guarantee does not apply when the defect has arisen as a result of injudicious or improper use or when - without permission - the Buyer or third parties have made changes or attempted to make changes or have used the purchased item for purposes for which it is not intended. 

  4. If the guarantee provided by Seller concerns an item produced by a third party, the guarantee shall be limited to the guarantee provided by that producer. 

Article 17 - Intellectual property

  1. HALFNAAKT retains all intellectual property rights (including copyright, patent rights, trademark rights, design rights, ect.) to all products, designs, drawings, writings, carriers containing data or other information, quotations, illustrations, sketches, models, ect., unless the parties have agreed otherwise in writing.

  2. Without prior written consent from HALFNAAKT, the client may not copy the said intellectual property rights (or have them copied), show them to third parties and/or make them available or use them in any other way.

Article 18 - Amendment to general terms and conditions

  1. HALFNAAKT is entitled to amend or supplement these General Terms and Conditions.

  2. Amendments of minor importance may be made at any time.

  3. Wherever possible, HALFNAAKT will discuss major substantive amendments with the customer in advance.

  4. Consumers are entitled to terminate the agreement in the event of a material amendment to the general terms and conditions.

Article 19 - Applicable law and competent court

  1. Any agreement between the parties shall be governed exclusively by Dutch law.

  2. The Dutch courts in the district where HALFNAAKT has its registered office have exclusive jurisdiction to hear any disputes between the parties, unless imperatively prescribed otherwise by law.

  3. The applicability of the Vienna Sales Convention is excluded.

  4. Should one or more provisions of these general terms and conditions be deemed unreasonably onerous in legal proceedings, the other provisions will remain in full force and effect.

Article 20 - Attribution

  1. These terms and conditions were created with the help of Rocket Lawyer (www.rocketlawyer.com/nl/nl)

Privacy statement

As soon as you visit the website www.halfnaakt.com, contact us or buy something, we receive information about you. In this privacy statement, we explain what we do with that information. We always handle your information with care and store it securely. If you have any questions or want to know what information we hold about you, please contact us. We may amend this privacy statement if we find it necessary. We therefore advise you to check this privacy statement regularly so that you are aware of any changes. This privacy statement was last amended on 1 May 2023.

1.    When do you apply this privacy notice?

This privacy notice applies to all personal data we process and to all domains related to us. It covers the personal data of anyone who has ever had contact with us or visited our website, such as visitors, customers and business contacts. Personal data is all data that can be traced back to you as an individual, such as your name, address, telephone number, customer number and bank details. If you want to know more about personal data, please check the website of the Personal Data Authority.

2.    Who uses my data?

VOF HALFNAAKT is responsible for the website www.halfnaakt.com and therefore the organisation responsible for the use of your personal data as described in this privacy statement. The data are:

Chamber of Commerce: 87849127

3.    From whom do we use data?

We process personal data from anyone who has contacted us or visited our website. These include visitors, private customers, business customers and contacts of our partners.

4.    How do we get your data?

We get the data directly from you as soon as you:
- Entering data on our website

5.    What data do we use from you?

- Your name
- Delivery address
- Email address
- Payment details

6.    What do we use your data for?

We only use your personal data for the purpose for which we are authorised to use it. We use your data because we want to give you the best service as a customer and we cannot do that without it. We have the data to deliver the products and contact you if necessary.

7.    How long do we keep your data?

We keep your personal data for as long as we are required to do so by law and as long as necessary for the purpose for which we use your data. For example, as long as you are a customer of ours, we will keep your data according to the legal objection period of seven years. After that, we keep your data only for statistical purposes and to handle any complaints or legal matters. If you want to know more about how long we keep specific data about you, please contact us.

8.    With whom do we share your data?

Your personal data will only be used by us. We will never share your personal data with others.

9.    Where do we store your data?

We process your data within the European Economic Area (EEA). This means that we also store your data within the EEA. If you have any questions about this, please contact us.

10.    How secure is your data with us?

We have taken great care to secure your data both organisationally and technically. We have secured our systems and various means of communication to ensure that your data does not end up in the hands of others. So your data is safe with us. We also ensure that your data is only used by people who have received permission from us. If you have any questions about the specific means of security, please contact us.

11.  What can you ask of us?

Because we use your personal data, you have various rights. We list these rights for you below.

Right to information
We need to explain to you in a comprehensible and clear manner what we do with your data and what control you have over it. That is why we explain in detail in this privacy statement what data we collect from you and how we handle it.

Right of access
You can always ask to see the data we hold on you.

Right of correction
You may ask us to correct your data if it is incorrect or incomplete.

Right to object
You may object to the processing of your data if you disagree with the way we handle your personal data. This right applies to the data we use for direct marketing. For example, you can indicate to us that you no longer wish to receive mail from us. This also applies to personalised recommendations on our website.

Right to data portability
If you are a customer of ours or have given your consent for us to use your data, you may ask us to send you the digital data we hold about you. This will allow you to transfer that data to another organisation if you wish.

Right to be forgotten
You may ask us to delete any data we hold on you. We will then delete all data that can be traced back to you. In some cases, we cannot or may not yet delete your data. For example, we have to keep some data for 7 years for the tax authorities.

Right to lodge a complaint
You may file a complaint about the way we handle your data. If you have a complaint, we will be happy to resolve it for you. Please contact us to do so. You may also file your complaint with the Personal Data Authority. Naturally, we hope it will not come to that, but in extreme cases you may also take your complaint to court. In that case, it is in the court in the branch of HALFNAAKT that will handle your complaint.

How do I submit a request or complaint?
Send your request or complaint to us at halfnaakt@gmail.com. We will process your request or complaint within 30 days. If there are several applications or complaints or if your application or complaint is complex, it may take longer. In that case, we will contact you within 60 days. We may ask you to identify yourself. In that case, we will request data from you to make sure that you are the right person to whom the personal data belong.

12.  What rules apply to this privacy statement?

Our privacy statement must comply with various conditions. These conditions can be found in particular in the General Data Protection Regulation. In addition, the general rules applicable under Dutch law apply to our privacy declaration.

13.  Which cookies do we use?

We do not currently use any cookies.

14.  What do we do with data of minors?

We do not specifically target minors with our website or as an organisation. This means that if you are under 18, you need permission from a parent or guardian to use our website. If you are a minor when you visit our website or webshop, we assume that you have received this permission before your visit.

15.  Do you have a question about this privacy statement?

Do you have a question about our privacy statement? Please feel free to contact us by sending an e-mail to halfnaakt@gmail.com.