Terms and Conditions

Article 1 – Definitions 

• Customer / Consumer / Buyer: a natural person not acting in the exercise of a profession or business who enters into an agreement with 1608 WEAR B.V. 
• Entrepreneur / We / Us / Our / Seller: 1608 WEAR B.V, located in Zwaag, Netherlands. 
• Product: all goods offered via the webshop. 
• Distance contract: an agreement via the webshop where only remote communication is used. 
• Durable data carrier: a means by which information can be received and stored personally. 

Article 2 – Identity of the entrepreneur 

1608 WEAR B.V. Address: Jelle Zijlstraweg 94, 1689 ZX Zwaag, Netherlands Chamber of Commerce number: 42031307 VAT identification number: NL869390119B01 Email: support@1608.nl Phone number: +31 6 83113819 Website: www.1608wear.com 

Article 3 – Applicability 

3.1 Applicable to all offers, orders, agreements and other legal relationships between buyer and seller via the webshop. 

3.2 General terms and conditions are made available by the seller on the website: www.1608wear.com. 

Article 4 - The offer 

4.1 If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.  

4.2 The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.  

4.3 Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. 

Article 5 – The agreement 

5.1 The agreement between the customer and 1608 WEAR is concluded at the moment the customer confirms the order and has fully paid. From that moment on, both parties are bound by the agreements made. 

5.2 1608 WEAR reserves the right to refuse or cancel orders. This may be the case, for example, due to insufficient stock, suspected abuse, or other circumstances that impede the correct execution of the order. 

5.3 Errors or mistakes in the price or product description do not bind 1608 WEAR. If a clear error is found, the customer will be informed and the order can be adjusted or cancelled. 

Article 6 – Prices and payment 

6.1 Unless otherwise agreed, the prices shown are in euros, final prices including statutory VAT and excluding shipping costs. Shipping costs: €4.95 below €50, free from €50. 

6.2 The Seller may adjust the prices displayed on the Website from time to time without prior notice. The prices displayed at the time of placing the Order are the prices that form part of the Agreement. 

6.3 If delivery takes place in non-EU countries, the customer may have to pay additional duties, taxes or surcharges to the customs or tax authorities responsible there or to banks. 

6.4 The customer can choose the payment method available in the webshop. 

6.5 Order confirmation follows after payment. 

6.6 Ownership remains with 1608 WEAR until full payment. 

Article 7 – Delivery 

7.1 Delivery will be made by a carrier designated by the Seller. 7.2 After the conclusion of the Agreement, the Seller will send the Products as soon as possible, but no later than within 14 (fourteen) days, to the address provided by the Buyer, provided that the full Purchase Price has been received by the Seller if the Buyer has opted for prepayment and unless a longer delivery period has been agreed upon. 7.3 Agreed delivery dates will be observed by the Seller as much as possible. However, the Buyer acknowledges that the delivery dates are based on the circumstances known to the Seller at the time of concluding the Agreement and, insofar as dependent on performances to be delivered by third parties, on the data provided by those third parties to the Seller. 7.4 If delivery is delayed, or if an Order cannot be executed or can only be partially executed, the Buyer will be informed of this within 14 (fourteen) days after the conclusion of the Agreement. The buyer can then dissolve the Agreement free of charge until the Order is shipped. 7.5 The risk with regard to damage or loss of the Products transfers to the Buyer from the moment of delivery. 

Article 8 – Right of withdrawal (returns) 

8.1 The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).  

8.2 The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product. 

8.3 During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to in a store.  

8.4 The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.  

8.5 If the consumer exercises their right of withdrawal, they must report this within the cooling-off period by following the return policy on the website.

8.6 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.  

8.7 The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.  

8.8 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.  

8.9 The consumer bears the direct costs of returning the product if the consumer wishes to receive the money (regarding the returned item) back via bank transfer. 1608WEAR bears the direct costs of returning the product if the consumer accepts a store credit (regarding the returned item).   

8.10 Refunds will be made within 10 days of receipt of the return. 

Return address: 1608 WEAR Jelle Zijlstraweg 94 1689 ZX Zwaag Netherlands 

Article 9 - Exclusion of the right of withdrawal 

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement: 

• No right of return for underwear, socks, swimwear if the seal/opening has been broken. 
• No right of return for custom-made or personalized clothing. 
• No right of return on products purchased during our sample sale unless this is clearly stated in the offer. 

Article 10 – Warranty and conformity 

10.1 1608 WEAR guarantees that the delivered products comply with the agreement concluded with the customer. This means that the products must meet the reasonable expectations that the consumer may have of them and the applicable legal requirements. 

10.2 If the customer discovers a defect in a product, this must be reported in writing to 1608 WEAR within a reasonable period, at the latest two months after discovery. Timely reporting is necessary to be able to claim warranty. 

10.3 If a defect proves to be justified, 1608 WEAR will, at the customer's choice, repair the product free of charge, replace it, or offer partial compensation. This arrangement ensures correct handling and protection of consumer rights. 

Article 11 – Complaint procedure 

11.1 Handling of complaints is done via support@1608.nl or +31 6 83113819. 

11.2 The Buyer must inspect the Product upon delivery and inform the Seller within a reasonable time of any visible defects upon delivery or other complaints about the execution of the Agreement. Such complaints must be submitted in writing, fully and clearly motivated. 11.3 Complaints received by the Seller will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the Seller will notify the Buyer within 14 days, stating the timeframe within which the Buyer can expect an answer. 11.4 The Buyer acknowledges that minor and/or commercially acceptable or technically unavoidable deviations in quality, size, color, finish, etc. with regard to the Products are difficult or impossible to avoid and cannot be a valid reason for a complaint. Such complaints, as well as complaints about the fact that certain items have been removed from the assortment, are unfounded. The Seller is not liable for damage suffered by the Buyer due to such complaints. 11.5 The Buyer will fully cooperate with any recall initiated by the Seller. The Buyer will immediately inform the Seller if the Buyer suspects that a Product has a safety defect and is subject to a recall. 

Article 12 – Liability 

12.1 1608 WEAR strives to deliver its products and services with care, but cannot be held liable for damage resulting from a customer providing incorrect or incomplete information with the order. 

12.2 In addition, 1608 WEAR is not liable for indirect damage, consequential damage, or loss of profit, unless there is intent or gross negligence on our part. 

12.3 In all cases, the liability of 1608 WEAR is limited to the amount the customer paid for the product in question. This arrangement ensures a balanced distribution of risk and protection for the customer. 

Article 13 – Privacy and data protection 

13.1 At 1608 WEAR, personal data is processed in accordance with the General Data Protection Regulation (GDPR). This means that personal data is carefully collected, secured, and used exclusively for the purpose for which it was provided. 

13.2 A privacy statement is available on the website, explaining what data is collected, why it is needed, how it is stored, and who may have access to this data. 

13.3 Customers have rights regarding their data, including the right to access, rectification, erasure, and data portability. 1608 WEAR respects these rights and enables customers to exercise them easily via the indicated contact options. 

Article 14 – Intellectual property 

14.1 All trademarks, product names, logos, models and designs depicted or indicated on the Products or otherwise connected with the Products (the "IP rights") are the property of the Seller or one or more of its group companies. The Buyer acknowledges the Seller's ownership of the IP rights and will refrain from any use of the IP rights and the Buyer will refrain from any conduct that may damage or otherwise adversely affect the IP rights.  

Article 15 – Force majeure 

15.1 Seller is not liable for any damage resulting from a delay in delivery or non-delivery caused by circumstances that prevent the fulfillment of the Seller's obligations and that cannot be attributed to the Seller, because they are not due to his fault nor are they for his account under law, legal act or generally accepted views, such as - but not limited to - war, threat of war, civil war, riot, a national mourning declared by the government, strike, transport difficulties, trade restrictions, problems with customs authorities, fire, flood, earthquake, bankruptcy of third parties engaged by the Seller, non-delivery or late delivery of goods by suppliers of the Seller, disruptions in the regular supply of goods to be delivered by third parties, including water and electricity, and other serious disruptions in the Seller's business or by third parties engaged by it. 15.2 If the Seller is unable to fulfill its obligations under the Agreement due to force majeure, or is unable to do so on time, the Seller has the right to execute the Agreement within a reasonable period or - if fulfillment within a reasonable period is not possible - to dissolve the Agreement in whole or in part, without being obliged to pay any compensation to the Buyer. 

Article 15 – Changes 

Changes are published on www.1608wear.com and apply to future orders. 

Article 16 – Applicable law and competent court 

Dutch law applies. Disputes are to be submitted to the competent court in the district of Zwaag. 

1608 WEAR
Jelle Zijlstraweg 94
1689 ZX Zwaag
Netherlands
support@1608.nl | +31 6 83113819 | CoC: 42031307 | VAT: NL869390119B01