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General agreement

Present General Terms and Conditions are used by:
FoA. / First of August
Churchill-laan 262-2
1078 GA Amsterdam, The Netherlands

Registered in the company register with the Chamber of Commerce in Amsterdam with number 63843765. The BTW-number (Dutch VAT) of FoA. is: NL 1037.00.754.B.01

First of August can be reached by e-mail, by sending an e-mail to info@firstofaugust.com.

Article 1    Definitions
In these General Conditions used words, singular or plural, that start with a capital letter, have the meaning of the italic words as defined underneath in this article.
1.1 General Conditions: present general conditions.

1.2 Order procedure: The procedure that the Customer goes through in an interactive way at the Website on ordering Products.

1.3 Customer: the other party of First of August with whom First of August enters into a Contract.

1.4 Contract: contract of which the General Conditions are an integral part of concerning the sale and delivery of Products.

1.5 Parties: First of August and Customer together.

1.6 First of August: the party that operates the General Conditions, also opposing party of Customer. 

1.7 Website: the website of First of August to be found under the URL <http://www.firstofaugust.com>.

1.8 Products: products that First of August offers on her Website, which Customer can order.

Article 2    Appropriateness
2.1 The General Conditions are applicable to all Contracts, possible (e-mail) newsletters, the Website, the Order procedure as well as contacts and / or (juristic) acts between Parties, also when these (juristic) acts could not lead to a Contract.

2.2 Appropriateness of general delivery or payment conditions and / or other general or special conditions of Customer are expressly exclusive.

Article 3    Realization Contract
3.1 The Products as offered on the Website with accompanying prices as an offer without obligations, which can be accepted by Customer by going through and completing the entire Order    procedure.

3.2 First of August does not guarantee that the offer as referred to before is without mistakes and / or omissions. Misprints are expressly reserved and can be a foundation for not accepting the Contract. If First of August decides so, she will immediately inform the Customer with this.

3.3 If the Contract is not established or disbanded, for what reason so ever, under which is included the situation as referred to in the preceding subsection, First of August bears the responsibility for –when the Customer paid in advance, refunding the paid amounts to the Customer as soon as is possible for First of August, including the initial shipping costs. This refund will at least take place within 30 (Thirty) days. Returned vintage items are accepted for store credit only.

Article 4    Prices and payment
4.1 Prices as stated on the Website are inclusive VAT, as well as inclusive other enforced levies as stipulated by the authorities. The prices are exclusive shipping costs. The Customer will be charged for these during the Order procedure.
4.2 First of August is authorized to adjust the prices at any time. With price changes, the latter has no consequences for current Contracts, which will be executed for the prices that were agreed upon.
4.3 The due amounts can be paid by the Customer in two ways: a. by means of electronic prepayment (via iDEAL, Mastercard en Visa during Order procedure);
b. by means of prepayment with transfer (via Bank);
4.4 Payment via Mastercard, Visa or iDEAL goes through the secured connections of Multisafepay. Multisafepay belongs to the most reliable payment platforms of The Netherlands.
4.5 If you choose to pay via banktransfer, you can transfer the amount due to bank account 1149.93.726 to FoA First of August in Amsterdam (The Netherlands), mentioning the order number. The amount due should be on our bank account within the period of 5 days (7 days for International customers). If this period is exceeded, the order will be cancelled.
4.6 First of August stays the full owner of all delivered products until the payment and other due amounts are fully complied to First of August.

Article 5    Delivery
5.1 First of August makes use of the delivery service of TNT post. The Customer will receive a tracking number via e-mail which can be used to track the order.
5.2 The delivery periods as stated on the Website as well as in confirmation e-mails are indicative.
5.3 First of August will make a supreme effort to achieve these indicative stated delivery periods.
5.4 If and as far as First of August cannot delivery the ordered Products to Customer within 30 (Thirty) days, the Customer has the right to cancel the Contract, after First of August informed not   being able to execute the Contract within the stated period. Then, Article 3.3 is in accordance application.

Article 6    Revocation right
6.1 The Customer has the right to return the delivered Products to First of August within seven (7) weekdays after receipt, provided that:
        a. The Products are returned in the same condition, with all tags attached
        b. The Products are returned at the expense of the Customer, not sufficiently stamped packages will not be accepted by First of August.
        c. The Products should be returned by tracking.
6.2 Vintage items are accepted for store credit only. The Customer will receive a digital code by email. This code can be used for future orders and is valuable for twelve (12) months.
6.3 The Customer itself is responsible for the way of shipment and for the risk of the package –and this responsibility and the risk herewith is accepted by Customer- until First of August received it.

Article 7    Process personal data
7.1 If and as far as personal data of Customer is processed, this processing is merely about:
 a. executing and giving shape to the Contract;
 b. subject to the limitation of the following subsection, informing the Customer with (new) Products and services of First of August.
7.2 For sending commercial expressions via electronic way to Customers (for example, but not exclusively, e-mail newsletters and SMS messages) as stated in preceding subsection under b, the Customer is asked for permission during the Order procedure, and only when this permission is given by the Customer, First of August will send these expressions.

7.3 The Customer has the right to inspect her personal data free of charge and at all times and permits First of August to adjust these data if required when inaccuracies occur.

Article 8    Applicable law, complaints and disputes
8.1 The Dutch legislation is applicable to the Contract and to Contracts resulting from this.
8.2 If and as far as a complaint comes up, the Customer contacts First of August, which contact can be executed by telephone, in writing and electronic. The contact data which can be used for this are given at the top of present General Conditions. First of August will react to a complaint not later than within 30 (Thirty) days as stated for this.

Article 9    Copyright photos and images
9.1 All photos and images visible on firsofaugust.com are protected by copyright. Without written permission of First of August, the images and photos may not be published or distributed
9.2 When photos and images are used without prior written permission of First of August, you are summoned to stop the usage and a claim is submitted.

Article 10   Other stipulations
10.1 First of August is authorized to adjust present General Conditions at all times. After change of the General conditions, current General Conditions will be executed with the old conditions that was agreed upon.
10.2 If and as far as First of August provided log in data for the Order procedure, the Customer himself bears the responsibility for these data. These data are strictly personal and may not be assigned under any circumstances. The Customer himself is responsible for the consequences of the careful handling of these data.