These General Terms and Conditions (“Terms”) are applicable to all offers and agreements made between Mesure B.V. and/or any affiliated company (hereinafter referred to as “Mesure”, “we”, “our” or “us”) and it’s customers (“Customer”, “you” or “your”), made online on www.mesureamsterdam.com (“Website”).
1075 AT Amsterdam
Certain features or services offered on or through our Website may require the Customer to register an account. In consideration of the use of the Website, you represent that you are of legal age to form a binding contract. You are fully responsible for your activities on the Website (financially or otherwise), including the possible use of the user name and password. The Customer guarantees that the information entered by him/her on the Website in relation to him/her and, if applicable, is accurate, current and complete. You are solely responsible for any and all activity on your account as a result of failing to keep the information secure and confidential.
You complete your order by accepting these Terms and completion of the payment process. Once your order has been received by Mesure you receive an order confirmation and receipt of payment sent to the e-mail you provided to us. With this we communicate to you that we have received your order and payment. Mesure reserves the right at it’s discretion to accept, refuse, place on hold or cancel any order you submit to us for example due to unavailability of fabric or any other circumstance. The Customer is obliged to immediately report to Mesure any inaccuracies in payment data provided or stated.
When at its discretion Mesure requires additional information from you after receipt of the order, Mesure may contact you with a request to complete the information. Mesure reserves the right to place the order on hold or to cancel the order when the requested information is not provided in time or is incomplete.
After completion of the order and the payment process it is not possible to change or cancel the order. Customer is fully responsible for the correctness and completeness of any information provided when submitting the order, including but not limited to fabric selection and customizations. With regards to custom made products a limited return policy is applicable as clarified in clause 4 hereunder.
The status of the order can be checked by logging into your account at our Website.
4. Right Of Withdrawal And Return Policy
When purchasing standard products on our Website, you have the right to dissolve the contract, without giving reasons, during a period of 30 days. Mesure is allowed to ask for the reason of this dissolution, but the Customer is under no obligation to state his/her reason(s).
Made-to-measure or made-to-order products
Although legally no right of withdrawal applies to contracts for the delivery of goods which have been produced according to the customer’s specifications or have been customised to meet personal requirements, Mesure offers its Customers, the limited right to have the product(s) altered by a local tailor free of charge in the event the product(s) do(es) not fit the Customer, within 14 days after the order has been delivered to the customer. Only in the exceptional event an alteration by a local tailor is not possible, will Mesure offer its Customers the possibility of having the product(s) remade free of charge. This right can explicitly not be used in such a way that several products are ordered to choose from and part of the order is returned. Acceptance of a return under this clause is to the discretion of Mesure, and Mesure shall not be obliged to accept the return of customer made products, except for when the reason of the return is directly resulting from a fault of Mesure.
The period of 30 days stated in this clause (“Return Period”) commences on the day after the product was received by the Customer, or a third party designated by the Customer, who is not the transporting party, or:
if the Consumer has ordered several products: the day on which the Consumer, or a third party designated by the Customer, received the last product. Mesure may refuse a single order for several products with different delivery dates, provided he clearly informed the Customer of this prior to the ordering process.
if the delivery of a product involves different deliveries or parts: the day on which the Customer, or a third party designated by the Customer, received the last delivery or the last part.
During the withdrawal period, the Customer shall treat the product and its packaging with care. The Customer shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The Customer may only handle and inspect the product in the same way that he would be allowed in a shop; for fitting purposes. The Customer is explicitly not allowed to wear the products for any other purpose than fitting purposes and/or outdoors. The Customer is liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in this clause 10.
A Customer who wants to exercise his right of return as set out in this clause, shall report this to Mesure, within the Return Period, by means of the return form provided by Mesure.
As quickly as possible, but no later than 14 days after the day of reporting as referred to in clause 13, the Customer shall return the product, or hand it over to (a representative of) Mesure. The Customer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the instructions provided by Mesure.
The risk and the burden of proof for exercising the right of return correctly and in time rest upon the Customer.The Customer bears the costs of returning the product.
After the order has been placed by the Customer, Mesure adds the Customer’s measurements in the possession of Mesure (“Measurements”) to the order. The Customer hereby gives permission to re-use her Measurements for the execution of the order.
In the event that Mesure does not have existing Measurements of the Customer, the Customer will be requested to submit her measurements by e-mail or telephone. Mesure only accepts measurements taken by stylists appointed and/or approved by Mesure (“Mesure Stylists”). Only to the extent necessary, Mesure and the Customer will make an appointment to measure the Customer’s measurements at a location agreed with Mesure.
When the Customer, in violation of these Terms, provides Mesure with measurements that are self-taken or taken by a third party not instructed by Mesure, the Customer bears the risk for the correctness and accuracy of those measurements.
6. Product Information And Availability
The information and content on our website(s) can contain errors, inaccuracies and/or omissions that may relate to product descriptions, price, offers, and availability. Mesure reserves the right to correct any errors, inaccuracies and/or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice, even after you have submitted your order. Mesure cannot be held liable for any costs and/or damages resulting from such errors, inaccuracies or omissions.
Given supply and/or fabrication constraints, some of our products may have limited availability for purchase. Mesure cannot guarantee availability of a specific product and reserves the right to remove any product from the Website or change its availability for purchase at any time, including after you submit an order. In the event Mesure cannot supply a product or a specific fabric you ordered, at its sole discretion, Mesure will: i) contact you to select a different fabric for your garments; or ii) cancel the order and pay a refund of your purchase price. If the new fabric selected has a different price than the fabric originally selected, Mesure will pay a refund or charge you the difference accordingly.
Mesure reserves the right to determine, in its sole discretion, what products will be available at the different Website
We will take the greatest possible care when receiving and implementing orders for products and services. If we accept the order we will do our best to deliver the order as soon as possible. The place of delivery is deemed to be the address that you make known to us when placing the order. Delivery can be made to an address as indicated by the Customer or a shop. Mesure will send you a notification by e-mail including, if available, a tracking number, when the order has been sent to the delivery location submitted by you and stated in the order confirmation.
If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the Customer will be informed about this at the latest 30 days after the order was placed. In this case, the Customer has a right to cancel the order free of charge but without the right of compensation of possible damages. Mesure will refund immediately the amount paid.
The risk of damage and/or loss of products rests upon Mesure up to the moment of delivery to you or a representative previous designated by you and announced to us, unless this has explicitly been agreed otherwise. Mesure cannot be held responsible for any shipment or delivery delays, whether or not caused by the Customer due to unavailability to collect the delivery, incorrect delivery information, or unwillingness to pay required customs when applicable.
Shipping costs are indicated during the booking process on the Website and paid by the Customer with the completion of the order. Additional shipping charges and duty/customs may apply depending on the country of residence of the Customer, which shall be the sole responsibility of the Customer as the importer of record.
No rights whatsoever in relation to the implementation of the order or service(s) can be invoked before the advance payment in relation to the order has been received by Mesure.
When a Customer fails to pay an agreed amount, Mesure sends a payment reminder in which the Customer is given 14 days to pay the amount due. If payment is not made within this 14-day period, statutory interest will be payable over the sum owed and Mesure will have the right to charge reasonable extrajudicial costs of collection to you. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40.
Prices at the Website are displayed in Euro and are including of VAT. Customer shall be responsible for any currency conversion or payment fee charged by their payment provider or financial institution when making the payment
Prices at Mesure’s Website are subject to change. Mesure reserves the right to change prices for products at its Website at any time.
Any claim by the Customer which is based on any defect in the quality or condition of the products shall be notified to Mesure within two weeks from the date of delivery.
Where any valid claim in respect of any products which is based on any defect in the quality or condition of the goods is notified to Mesure in accordance with these Terms, Mesure shall be entitled at Mesure sole discretion to either remake the goods free of charge or repair the products.
Mesure has made and will continue to make every effort to display as accurately as possible the information and colors of our products and fabrics available on our Website. We always strive to truthfully show the colours and shapes and characteristic features of each product. However, due to digital rendering of images on the internet, the display of the colours may vary according to the colour settings of the screen of the device used by Customer and result in deviations from the actual colours. Mesure does not guarantee that the correct product colour or texture will be accurately displayed at your device screen.
How a product purchased on our Website is used is the responsibility of the bearer of the product and how it is kept is the responsibility of the keeper of the product.
As far as permitted by law, Mesure excludes all liability for any damages incurred by Customer if the product ordered by Customer is not available and/or delivered (on time).
Without prejudice to the provisions of this clause 13 (Force Majeure), and as far as permitted by law, Mesure’s liability will in any case be limited to the maximum amount of the purchase price of the concerning product.
13. Force Majeure
Every instance of Force Majeure will lead to the suspension of the obligations that are affected by the force majeure event and the party affected by the force majeure shall not be liable as a result of the inability to meet such obligations. Mesure shall not be liable for any failure arising out of a force majeure event. This shall include without limitation government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, interruption of means of communication, affecting either Mesure or it’s suppliers.
In the event it is clear that the period of Force Majeure will last longer than two months, either of the parties has the right to dissolve the agreement without having the obligation to pay any damages.
The Mesure Privacy Statement applies to use of the Website, and is part of these Terms. The Mesure Privacy Statement can be found on the Website of Mesure and via the following link: www.mesureamsterdam.com/privacy-policy.
15. Final Provisions
If Mesure does not invoke one of the provisions of the Terms at any one moment, this does not mean that it cannot invoke it at a later date. If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, that provision or part provision, shall to the extent required, be deemed not to form part of the agreement with the customer and the validity and enforceability of the other provisions shall not be affected.
Mesure reserves the right to change or update the Terms from time to time. The current version of the Terms will be displayed on the Website from the date on which any changes come into effect.
For questions/information customer can contact the service department at telephone number: +31623445072 or at the e-mail address: firstname.lastname@example.org
In the event Customer is not satisfied with the product or with any other products and/or services of Mesure, Customer has the possibility to file a complaint at the service department at telephone number +31623445072 or at e-mail address email@example.com. This must be done within fourteen (14) calendar days following the day customer discovered or should reasonably has discovered the reason to file the complaint.
These Terms are governed by Dutch law. Any and all disputes will be submitted to the competent court of Amsterdam, The Netherlands.