Terms and conditions of Gotika Underground Fashion

1. General

These terms and conditions apply to all our offers and the contracts for sale concluded with us. Gotika Underground Fashion (hereafter referred to as Gotika) aims itself mainly at customers in Europe. Variations on these terms are only allowed after approval in writing by Gotika, at which time the remaining stipulations remain in force.

2. Offers / contracts for sale

A contract for sale is set up by placing an order on the Gotika website. Confirmation of the order takes place directly after ordering in the form of an e-mail. If you notice a wrongly ordered article you should contact us immediately so that we can correct the mistake. Otherwise mistakes are for the financial risk of the buyer.

All offers from Gotika are without engagement and Gotika explicitly reserves the right to modify prices, especially when this is necessitated by (legal) directions.

A contract for sale is only concluded when Gotika accepts your order. Gotika reserves the right to reject orders or to request certain conditions for delivery , unles explicitly stated otherwise.

In case an order is not accepted, Gotika will inform you of this within 10 workdays after receiving said order.

3. Prices

The prices listed by us are inclusive of 19% VAT and in Euro, but exclusive of shipping costs. Gotika reserves the right to modify prices without notice.

4. Payment

Payment in Advance:
Payment should take place within 14 days of the order date. If we have not received your payment within this period it is possible that the article(s) you ordered are not available anymore for the agreed upon price. You can then order again for the new price.

If we haven't received payment within 3 weeks we will consider your order void.

Payment preferably takes place by transferring the amount due to our bank-account. ABN Amro account-number: 42 26 77 736 made out to Gotika in the city of The Hague, The Netherlands.

Extra information needed for bank-transfers from other countries (to The Netherlands):

IBAN number: NL18ABNA0422677736
BIC code: ABNANL2A

Gotika address:
Frits Slompstraat 4
2264 DV Leidschendam
The Netherlands

If you would prefer to pay in a different way (e.g. by cheque) then please contact us.

Claims do exempt you from the obligation to pay.

Cash on Delivery (The Netherlands only):
Payment takes place upon delivery by the mailman.

5. Delivery

The Netherlands:
Orders are usually shipped within 14 days after receiving payment, and if products are in stock. Delivery generally takes place within 2 days after shipment.

Europe:
Orders are usually shipped within 14 days after receiving payment, and if products are in stock. Delivery generally takes place within 8 days after shipment. Cash on Delivery shipments are not possible.

Rest of the world:
Orders are usually shipped within 14 days after receiving payment. Delivery generally takes place within 15 days after shipment. Cash on Delivery shipments are not possible.

In Europe, next to the countries of the European Union, Gotika ships to Switserland, Norway and Iceland. Outside of Europe to the USA, Canada, Australia, New Zealand and Japan. All other countries only on request.

Any time for delivery stated by Gotika shall be treated as an estimate only. Failure to deliver within the stated times does not entitle you to compensation.

In case an article is not in stock we will contact you.

In the exceptional case that an article is not available anymore, Gotika reserves the right to, at any time, offer the customer either free shipment of a comparable product in quality and price or to credit the buyer for the amount paid.

In the case of non-timely delivery you are expected to contact us.

If a delivery time of more than 30 days is exceeded both Gotika and the buyer have the possibility to dissolve the agreement in writing, after which both parties are exempt from their obligations towards eachother and any already fulfilled payments will be restituted.

To prevent longer waiting times Gotika is entitled to making deliveries in multiple shipments. Extra costs with regards to this are paid for by Gotika.

6. Returns

All articles can be exchanged or refunded within 8 days following receipt. Please return the article(s) together with your invoice post-paid.

On the invoice please state:
- Date of receipt
- Reason for returning the article
- If you would prefer another article or your money back
- The neccessary account-information for restitution of the amount paid (which in will take place within 2 weeks)

In the following instances returned articles will not be accepted:
A) Clothing has been worn, washed and/or damaged
B) Goods for hygienic reasons (make-up, stockings, lingerie, etc)
C) You have tried to repair a defect yourself
D) You have not followed the guidelines in the manual and/or instructions of use
E) Article is not complete

7. Damaged or faulty articles

If you find an article is damaged or faulty (or if we accidentally sent you something wrong) then please contact us within 14 days after taking delivery.

Always check the articles on receipt. Due to the fact that many of the products we sell are complety handcrafted, small alterations in model and/or colour may exist.

Please return the article together with your invoice post-paid (these costs will be compensated by Gotika. Please note: only if there is something wrong with the article without your fault).

On the invoice please state:
- Date of receipt
- Reason for returning the article
- If you would prefer a replacement or your money back
- The neccessary account-information for restitution of the amount paid (which in will take place within 2 weeks)

If you fail to comply with the above stated stipulation we will assume to have delivered in accordance with our obligations. You can reach our customer-service at the following e-mail address: customerservice@gotika.nl.

8. Shipment / shipping costs

Shipment takes place at the risk of the seller. Method of shipment and packaging is for us to decide. Juridical time of delivery is the moment the goods leave our company.

The Netherlands:
Shipping costs amount to € 2,25, € 5,50 or € 7,25 (dependent on weight and size of the article(s) in question) when payment takes place in advance. For Cash on Delivery shipments an additional € 6,50 charge is added to the shipping costs.

Europe:
Shipping costs amount to € 4,00, € 8,00 or € 16,00 (dependent on weight and size of the article(s) in question). Cash on Delivery shipments are not possible outside The Netherlands.

Rest of the world:
Shipping costs amount to € 5,50, € 13,50 or € 18,00 (dependent on weight and size of the article(s) in question). Cash on Delivery shipments are not possible outside The Netherlands.

Upon checking out the shipping costs are clearly stated.

Gotika is entitled to making deliveries in multiple shipments. Extra costs with regards to this are paid for by Gotika.

When the articles are delivered to the buyer at the nominated address for delivery, the risk with regards to the articles are passed on to the buyer.

9. Privacy policy

We will never disclose any customer information from our records to third parties without your explicit consent.

In our secure database we keep the following personal information:
- Name and address
- E-mail address
- Telephone number
- Order data

This data will only be used for the purpose of processing orders from you and for correspondence with regards to placed orders and payments of said orders. You will only receive advertising from Gotika (our newsletter) if you have explicitly subscribed for that on the website.

At any time you are able to check and/or correct your personal information on the website by logging into your account.

If you would prefer to be removed completely from our records then please contact us.

10. Force Majeure

In the event that the Company is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control, Gotika shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented. Gotika also reserves the right to cancel said contract for sale without legal intervention, by informing you of this in writing. In this instance we shall not be held for compensation unless this would be deemed unacceptable given the circumstances. The remaining stipulations in these terms shall not be diminished in any way by this.

11. Liability

Gotika shall under no circumstances whatsoever be liable for any direct or indirect damage, unless we explicitly accept liability in these terms. In the event of damage caused by wilful misconduct, gross negligence/faults by Gotika the company shall be liable. The customer accepts that Gotika shall not be held to any claims by third parties. The liability of Gotika shall at any time be limited to the invoiced value to which the claim relates or the maxumum value that Gotika might have charged the customer. Limitation of the liability as stated in this article also refers to employees and other persons used by Gotika to carry out the contract for sale.

12. General

If Gotika has allowed deviations of these terms during a certain amount of time, be it in silence or not, the fact still remains that Gotika has the right to demand direct and strict observance of these terms.

You can never claim any right with regards to Gotika's flexible use of these terms and conditions.

If any provision of these terms and conditions is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected thereby. Please contact Gotika with regards to any business not mentioned in these terms.

13. Intellectual and industrial proprietary rights

You shall respect all intellectual and industrial proprietary rights that exist on articles sold by Gotika. Fully and unconditionally.

14. Governing law

All rights, obligations, offers, orders, agreements and other stipulations in these terms and conditions are subject to Dutch law and shall be submitted to the exclusive jurisdiction of the courts of The Netherlands.