Welcome to Sokkies. Please read these terms and conditions carefully before using our services. By using our services, you agree to these terms.

1. DEFINITIONS

The meaning of the most important terms, including Sokkies (located at Bijlshoek 6B, 5473 HK Heeswijk-Dinther, Chamber of Commerce 89538226), Customer, Parties, Agreement, Products and In writing.

  1. Sokkies: the user of these general terms and conditions, situated at Bijlshoek 6B, 5473 HK in Heeswijk-Dinther, registered in the Trade Register under Chamber of Commerce number 89538226.
  2. Customer: any legal entity, or natural person acting in the course of a profession or business, with whom Sokkies has concluded or intends to conclude an Agreement.
  3. Parties: Sokkies and the Customer jointly.
  4. Agreement: any agreement between the Parties under the terms of which Sokkies has undertaken to supply Products to the Customer.
  5. Products: the goods to be supplied by Sokkies to the Customer under the Agreement, concerning socks designed with or without the Customer's specifications or trial samples thereof.
  6. In writing: in addition to traditional written communication, communication by email or any other means of communication that, in view of the state of the art and generally accepted standards in society, can be regarded as equivalent thereto.

2. GENERAL PROVISIONS

  1. These terms and conditions apply to every offer from Sokkies and to every Agreement that has been concluded.
  2. The applicability of any purchasing or other general terms and conditions of the Customer is expressly rejected.
  3. Deviation from the provisions of these general terms and conditions is only possible expressly and in writing. If and to the extent that what the Parties have expressly agreed in writing deviates from the provisions of these general terms and conditions, what the Parties have expressly agreed in writing shall prevail.
  4. The destruction or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such shall leave the validity of the remaining provisions unimpaired. In such a case, the Parties are obliged to enter into mutual consultation in order to arrange a replacement provision with regard to the affected provision. In doing so, the purpose and intent of the original provision shall be observed as far as possible.

3. OFFERS AND FORMATION OF AGREEMENTS

  1. Every offer from Sokkies (including quotations) is without obligation, even if Sokkies has indicated that the offer is valid for a limited time only. Sokkies may revoke its offer immediately, or at least as soon as possible after its acceptance by the Customer.
  2. The provisions of Article 4 apply to the offer of trial samples. For the delivery of other Products, a minimum order quantity of 50 pairs applies.
  3. The Customer cannot derive any rights from an offer made by Sokkies that contains an obvious error or mistake.
  4. Without prejudice to the provisions of paragraph 1, each Agreement is concluded at the moment that the offer of Sokkies is accepted by the Customer in the manner optionally designated for that purpose by Sokkies.
  5. An offer from Sokkies does not automatically apply to any subsequent agreements between the Parties. Conversely, insofar as no changes have been made therein, these general terms and conditions shall also apply to subsequent agreements without Sokkies being obliged to provide the Customer with these general terms and conditions again on each occasion.
  6. If the Customer enters into the Agreement in the name of another natural or legal person, they declare by entering into the Agreement that they are authorised to do so. In addition to this (legal) person, the Customer shall be jointly and severally liable for the fulfilment of all obligations arising from that Agreement.

4. SAMPLES AND TOLERANCES

Supplied colours may vary slightly from the screen. The customer can request a trial sample to assess colour, design or material. Design costs are €50 excl. VAT and will be credited on a follow-up order of at least 250 pairs.

  1. In the range offered by Sokkies, on the Sokkies website or otherwise displayed by Sokkies, colours of the Products to be supplied may deviate to a minor extent from the colours of the Products that are actually supplied. The Customer may request a trial sample of the Products in order to assess the actual colours. The Customer may also request a trial sample of Products to be designed in accordance with the Customer's specifications in order to assess the result of the final design. In addition, the Customer may request a trial sample in order to assess the material of the Products.
  2. The provisions of Article 3.1 shall apply mutatis mutandis to Sokkies' offer to supply test samples. Sokkies is never obliged to supply test samples, except insofar as Sokkies has confirmed a request from the Customer for the supply of a test sample by e-mail or otherwise in Writing.
  3. If the Parties agree that Sokkies shall supply a trial sample of Products to be designed in accordance with the Customer's specifications, the Customer shall owe Sokkies €50 (excl. VAT) to cover the design costs. If the Parties subsequently agree that the Customer shall purchase at least 250 pairs of the Products in question, the design costs referred to shall be deducted from the purchase price of the Products in question.
  4. If the Customer has been given the opportunity by Sokkies to receive a test sample of the Products and the Customer has failed to make use of this, the Customer may not, after delivery of the Products, rely on the fact that the delivered goods differ to a minor degree from the characteristics of the Products stated and/or displayed by Sokkies in Sokkies' offer, on Sokkies' website or otherwise, such as regarding colour and material. Such minor deviations do not provide grounds for the Customer to suspend its obligations under the Agreement, to dissolve the Agreement, or to claim damages or any other compensation.

5. CANCELLATION OF THE AGREEMENT

Every Agreement is binding after its formation. If the Client wishes to cancel the Agreement, they shall remain liable for the full agreed price.

6. CUSTOMER INFORMATION OBLIGATIONS

The Customer is obliged to provide Sokkies with all information (including any files and specifications) that is reasonably relevant to the establishment and performance of the Agreement, as soon as possible as required for the establishment or performance of the Agreement, completely and in the manner possibly indicated by Sokkies. The Customer guarantees the accuracy of all information provided by them to Sokkies. Sokkies is never liable for damage resulting from incorrect or incomplete information provided by the Customer.

7. DELIVERY OF THE PRODUCTS

  1. Delivery of the Products shall take place by delivery thereof to the delivery address specified by the Customer. If no delivery address has been specified by the Customer, the invoice address shall serve as the delivery address.
  2. The risk of loss of and damage to the Products shall pass to the Customer at the time the Products are received by or on behalf of the Customer.
  3. In the event of the agreed delivery period being exceeded, the Customer shall, without prejudice to the provisions concerning Sokkies' default in Article 8, never be entitled to refuse to take delivery of the Products and/or to pay the purchase price.
  4. If the Products could not be delivered as a result of a circumstance that is attributable to the Customer, Sokkies is entitled, without prejudice to the provisions of Article 11, to store the Products at the Customer's expense and risk, without prejudice to the Customer's obligation to pay the amount owed by the Customer to Sokkies under the Agreement. The additional costs to be incurred in connection with the failure to take delivery shall be borne by the Customer.

8. DELIVERY PERIODS

  1. The average delivery time is five weeks after the conclusion of the Agreement. However, all delivery periods to which Sokkies has bound itself towards the Customer are merely indicative, non-binding deadlines. Default on the part of Sokkies shall not occur until after the Customer has put Sokkies in default in writing, which notice of default specifies a reasonable period for performance, and Sokkies remains in default with regard to delivery after the expiry of the last-mentioned period. Whether the period specified by the Customer in its notice of default is reasonable shall be determined on the basis of objective standards and all circumstances of the case. Sokkies shall not be bound by an unreasonable period set by the Customer.
  2. Default by Sokkies gives the Customer the right to terminate the Agreement for that part to which the default relates, but never the right to additional damages.

9. INVESTIGATIONS AND COMPLAINTS

  1. Upon delivery of the Products, the Customer shall immediately examine whether the delivered items comply with the Agreement. If, in the Customer's opinion, the delivered items do not comply with the Agreement, the Customer shall notify Sokkies thereof without delay.
  2. If the Customer does not complain in a timely manner, no obligation or liability whatsoever shall arise for Sokkies from such a complaint by the Customer.
  3. Even if the Customer makes a complaint on time, the Customer's obligation to pay on time remains in force.
  4. Products may never be returned without prior written consent from Sokkies.

10. FORCE MAJEURE

In the event of force majeure, Sokkies is not obliged to fulfil its obligations. If the force majeure lasts longer than three months, both parties may dissolve the agreement. Damages resulting from force majeure will not be compensated.

  1. Sokkies is not bound to fulfil any obligation under the Agreement if and for as long as it is hindered from doing so by a circumstance that cannot be attributed to it under the law, a legal act, or generally accepted standards (force majeure). Force majeure is understood to mean, in addition to what is understood thereon in legislation and jurisprudence, all external causes over which Sokkies has no control and which make the (further) performance of the Agreement impossible or seriously hinder it, including import and transport restrictions, epidemics, pandemics, war and the threat of war, and errors and shortcomings of suppliers of Sokkies.
  2. If the force majeure situation permanently makes the performance of the Agreement impossible or continues or will continue for longer than three months, the Parties shall be entitled to dissolve the Agreement with immediate effect.
  3. If, at the time the force majeure event occurs, Sokkies has already partially fulfilled its delivery obligations, or can only partially fulfil its delivery obligations, it shall be entitled to claim payment for the part already delivered or the part of the Agreement still to be delivered, respectively.
  4. Damage resulting from force majeure shall, without prejudice to the application of the previous paragraph, never be eligible for compensation.

11. SUSPENSION AND TERMINATION

  1. Sokkies is authorised, if the circumstances of the case reasonably justify this, to suspend the performance of the Agreement or to dissolve the Agreement in whole or in part with immediate effect, if and to the extent that the Customer fails to fulfil, fails to fulfil on time or fails to fulfil fully its obligations under the Agreement (including the provisions of these general terms and conditions), or if circumstances that have come to Sokkies' attention after the conclusion of the Agreement give good grounds to fear that the Customer will not fulfil its obligations. If the fulfilment of the obligations of the Customer in respect of which it fails or threatens to fail is not permanently impossible, the authority to dissolve shall only arise after the Customer has been given notice of default in writing, which notice of default states a reasonable period within which the Customer can (still) fulfil its obligations and fulfilment has still not taken place after the expiry of the latter-mentioned period.
  2. If the Customer liquidates or transfers their business to a third party, is declared bankrupt, has applied for a (provisional) moratorium on payments, has been made subject to a statutory debt-restructuring scheme, has had any attachment placed on their assets, as well as in cases where the Customer is otherwise unable to freely dispose of their assets, Sokkies shall be entitled to terminate the Agreement with immediate effect, unless the Customer has already provided sufficient security for the fulfilment of their payment obligations under the Agreement or has done so immediately upon Sokkies' first request.
  3. Furthermore, Sokkies is entitled to dissolve the Agreement in whole or in part if circumstances arise of such a nature that fulfilment of the Agreement is impossible or the unamended maintenance thereof cannot reasonably be required of him.
  4. The Customer shall never be entitled to claim any form of compensation for damages in connection with the right of suspension and/or dissolution exercised by Sokkies pursuant to this article.
  5. Insofar as the suspension or termination of the Agreement is attributable to the Customer, the Customer is obliged to compensate Sokkies for the damage suffered as a result of the suspension or termination of the Agreement.
  6. If Sokkies terminates the Agreement pursuant to this article, any outstanding claims against the Customer shall become immediately due and payable.

12. PRICES AND PAYMENTS

  1. All amounts stated by Sokkies and owed to Sokkies by the Customer are exclusive of VAT, unless explicitly stated otherwise in writing.
  2. If price increases of cost-determining factors, such as purchase prices or transport costs, occur between the time of the conclusion of the Agreement and the delivery of the Products, Sokkies shall be entitled to pass on these price increases to the Customer.
  3. Unless expressly agreed otherwise in writing, the Customer is required to make full payment of the agreed price in advance. As long as the Customer is in default towards Sokkies with regard to the fulfilment of a payment obligation that rests upon them and is already due and payable, Sokkies is not obliged to (further) perform the Agreement.
  4. Payments must be made by bank transfer, within the period stated by Sokkies. Sokkies applies a standard payment term of 14 days after the invoice date, but may deviate from this in individual cases.
  5. Sokkies is entitled to make the invoice due to the Customer available to them exclusively by email.
  6. If timely payment is not made, the Customer is in default by operation of law. From the day that the Customer's default commences, the Customer shall owe interest of 2% per month on the outstanding amount, with any part of a month being regarded as a full month.
  7. All reasonable costs, such as judicial, extrajudicial and enforcement costs, incurred to obtain the amounts owed by the Customer to Sokkies, shall be borne by the Customer.
  8. If the Customer has opted and paid for express delivery, the Customer is not entitled to a refund of these costs if the delivery has been delayed due to circumstances for which Sokkies cannot be held accountable, in other words, force majeure within the meaning of Article 10. This is because Sokkies irrevocably owes the costs of an express delivery to the carrier.

13. LIABILITY AND INDEMNITY

  1. Sokkies bears no liability whatsoever for damage caused by any inaccuracy or incompleteness in the data provided by the Customer. Furthermore, Sokkies bears no liability whatsoever for damage caused by any other failure in the performance of the Customer's obligations arising from the law or the Agreement, or any other circumstance that cannot be attributed to Sokkies.
  2. Sokkies shall never be liable for consequential loss, which expressly includes lost profit, suffered loss and damage as a result of business interruption.
  3. Should Sokkies, notwithstanding the provisions in these general terms and conditions, be liable for any damage, Sokkies shall at all times have the right to repair this damage. The Customer must provide Sokkies with the opportunity to do so, failing which any liability of Sokkies in this regard shall lapse.
  4. Sokkies' liability is limited to at most repair or replacement of the Products, or making up for the missing items. If and insofar as repair, replacement or making up for the missing items is not possible, Sokkies' liability is limited to the invoice value of the Agreement, or at least to that part of the Agreement to which Sokkies' liability relates.
  5. The limitation period for all legal actions and defences against Sokkies is one year.
  6. If the Customer, in the performance of the Agreement, provides Sokkies with logos, other images, texts, etc. that are protected under the Copyright Act or any other intellectual property right, the Customer warrants that no infringement of third-party intellectual property rights is made and indemnifies Sokkies, both in and out of court, against all consequences arising from the use, duplication or reproduction thereof. If Sokkies should be held liable by third parties in this respect, the Customer is obliged to assist Sokkies both out of court and in court and to immediately do everything that may reasonably be expected of them in that case. Should the Customer fail to take adequate measures, Sokkies is entitled, without notice of default, to take such measures itself. All costs and damag

14. RETENTION OF TITLE

  1. All Products supplied by Sokkies shall remain his property until the Customer has duly fulfilled all payment obligations arising from the relevant Agreement.
  2. The Customer is prohibited from selling, pledging or in any other way encumbering the Products subject to the retention of title.
  3. If third parties levy attachment on the Products subject to retention of title, or wish to establish or assert rights thereto, the Customer is obliged to inform Sokkies of this as soon as possible.
  4. The Customer gives unconditional permission to Sokkies, or third parties designated by Sokkies, to enter all those places where the Products subject to the retention of title are located. In the event of default by the Customer, Sokkies is entitled to repossess the Products referred to here. All reasonable costs associated with this shall be borne by the Customer.
  5. If the Customer, after the Products have been delivered to them by Sokkies, has fulfilled their obligations, the retention of title with regard to these Products shall revive if the Customer fails to fulfil their obligations under a subsequently concluded Agreement.

15. FINAL PROVISIONS

  1. Sokkies is entitled to amend these general terms and conditions. In such an event, the Customer shall be notified thereof, and the amended general terms and conditions shall be provided to them, after which they shall apply.
  2. Sokkies is entitled to assign its rights and obligations under the Agreement to a third party.
  3. Dutch law exclusively applies to every Agreement and all legal relationships arising therefrom between the Parties.
  4. The parties shall not apply to the court until they have made every effort to resolve the dispute by mutual agreement.
  5. Only the competent court within the district of the Oost-Brabant District Court is designated in the first instance to hear any judicial disputes between the Parties, without prejudice to Sokkies' right to designate another court having jurisdiction under the law.