General terms and conditions Republica Moda


Article 1. Company data

Company name: SBI Fashion B.V., trading under the name of: “Republica Moda”

Website: www.republicamoda.com

Postal address and address for returns: Rietlandpark 149, 1019DT Amsterdam, The Netherlands

E-mail address: info@republicamoda.com

Telephone number: +31 (0) 33 8280155

Telephone contact hours: Monday through Friday from 9 a.m. to 8 p.m.

Chamber of Commerce number: 63060663

VAT registration number: NL855075211B01


Article 2. Applicability of these terms and conditions

1. These terms and conditions shall apply to all offers, agreements and commitments between Republica Moda and the consumer, being a natural person not acting in a professional capacity or on behalf of a company, as well as to the performance thereof, unless the parties expressly agreed otherwise in writing.

2. Any terms and conditions deviating from these general terms and conditions shall only be binding if accepted in writing in advance by Republica Moda.

3. If a provision of the general terms and conditions proves to be invalid or is declared void, this shall not affect the validity of the general terms and conditions as a whole. The parties shall consult to agree on a new provision to replace the invalid or void provision, whereby the purpose and purport of the invalid or void provision shall be observed to the greatest extent possible.


Article 3. The offer

1. Each offer on the website of Republica Moda shall contain adequate information to make clear to the consumer his/her rights and obligations, as well as the terms and conditions associated with the offer.

2. The information as provided with the offer contains among other things a description of the product. The description shall be sufficiently detailed to make it possible for the consumer to make a good assessment of the offer.

3. Obvious errors and/or mistakes in the offer shall not bind Republica Moda.


Article 4. Agreements

1. An agreement is deemed to have been concluded as soon as the consumer accepts the offer and the applicable conditions have been met.

2. After acceptance of the offer, Republica Moda shall confirm receipt of the acceptance of the offer electronically.


Article 5. Registration consumer at Republica Moda

1. In the event of registration at Republica Moda the consumer is responsible for the truthful and accurate provision of personal data. The consumer is obliged to keep the personal (access) data confidential and not to make them accessible to any unauthorised third party.

2. The data of the consumer, including the order and address information, are stored by Republica Moda for the processing and execution of the order. It may be necessary to disclose the data to other parties involved in the order processing and execution.

3. Republica Moda shall ensure adequate electronic and organisational measures to secure the electronic transfer of data. In addition Republica Moda shall provide a safe web environment, also with regard to electronic payments.


Article 6. Prices

1. Unless stated otherwise, prices are as stated in the offer made by Republica Moda, subject to price changes resulting from changes in the VAT rate. As long as the offer has not been accepted, Republica Moda is entitled to change the prices.

2. The prices stated in the offer are inclusive of VAT.

3. Delivery of the ordered products is free to all EU countries. In the event of an order from a non-EU country, delivery costs are charged. The amount of the delivery costs is stated when the order is placed.


Article 7. Delivery

1. Republica Moda shall endeavour to deliver the products as soon as possible, but at any rate within 30 days, to the consumer.

2. The place of delivery shall be the address indicated by the consumer to Republica Moda. This address cannot be changed any more after the products have been dispatched by Republica Moda.

3. In the event of overdue delivery the consumer must give written notice of default to Republica Moda and allow it a reasonable period of time to comply with its obligation to deliver.

4. If the delivery period is exceeded, Republica Moda shall never be obliged to compensate the consumer for any resulting loss.

5. The consumer is obliged to take possession of the purchased products at the moment they are actually delivered, being the moment the products leave the warehouse of Republica Moda, or at the moment at which they are made available to the consumer in accordance with the agreement. If the consumer refuses to take possession of the products, at all or in time, for whatever reason, or fails to provide information or instructions essential for delivery, the products will be stored at the risk and expense of the consumer.

6. In the case referred to in paragraph 5, the consumer shall owe all additional costs, including in any case the storage costs. The consumer shall also bear the risk of any and all direct or indirect damage or loss caused to or by these products and incurred by the consumer or any third party.

7. Republica Moda retains the right to make partial deliveries.

8. The risk of the products shall pass to the consumer at the time of delivery.


Article 8. Payment

1. Payment is made through the online payment service of Republica Moda, which is provided by Sisow Payment Systems. The following payment methods are available:


- Bancontact / Mister Cash

- MasterCard / Visa

- Sofort Banking

- PayPal


Article 9. Complaints

1. The consumer undertakes to inspect or have inspected the purchased products upon delivery. The consumer must check whether the delivered products comply with the agreement:

-         were the proper products delivered;

-         was the agreed quantity delivered;

-         do the delivered products comply with the agreed quality requirements or - if no quality requirements were agreed -

-         do the delivered products comply with the requirements for normal use and/or commercial purposes.

2. Republica Moda has a complaints procedure and any complaints shall be handled in accordance with this procedure.

3. The consumer cannot make any further claim based on defective performance if: he/she has not submitted a complaint to Republica Moda via e-mail (info@republicamoda.com) or via mail within a reasonable period of discovering such defect or of the date on which it ought reasonably to have discovered the defect; he/she has not offered Republica Moda the opportunity to check or repair the defect; he/she has fully or partially adapted or processed the delivered products; he/she has had the delivered products used, adapted or processed; or he/she has resold them to any third party.

4. A reasonable period is deemed to be within 8 days after expiry of the reflection period of 14 days or within 8 days after the consumer has discovered a defect and the reflection period has expired, whereby the consumer shall inform Republica Moda in writing, on submission of proof, of the nature of the defect and of when and how he/she discovered the defect.

5. Slight deviations, deemed permissible in the trade, do not constitute grounds for complaints. Neither do natural wear and tear, changes and/or additions to the products or other causes beyond the control of Republica Moda constitute grounds for complaints.

6. All illustrations, drawings, details of weight, colour, measurements, etc. included or referred to in brochures or offers by Republica Moda are approximate only and never constitute grounds for complaints or give rise to damages.

7. A complaint submitted to Republica Moda shall be handled as soon as possible, but at any rate within 14 days of its submission. If the handling requires more time, the consumer is notified thereof within 14 days of submission of the complaint and the consumer is informed when he/she can expect the complaint to be handled.


Article 10. Liability

1. The liability of Republica Moda is limited to the amount paid out by the insurance company, insofar as such liability is covered by the insurance policy.

2. If the insurance does not provide any cover or does not pay out, then the liability shall be limited to the invoice amount of the delivered products, or at any rate that part of the order the liability relates to, to a maximum of € 2,500.-.

3. Republica Moda is not liable for any loss of any nature arising from Republica Moda having acted on incorrect and/or incomplete information provided by the consumer.

4. Republica Moda is liable only for direct loss.

5. Direct loss is understood to mean exclusively: the reasonable costs to determine the cause and extent of the loss, insofar as this relates to loss within the meaning of these terms and conditions; any reasonable costs incurred to ensure that Republica Moda’s defective performance complies with the agreement insofar as this is attributable to Republica Moda; and reasonable costs incurred to avoid or limit loss, insofar as the client demonstrates that these costs have led to a limitation of the direct loss within the meaning of these general terms and conditions. Republica Moda is never liable for indirect loss.


Article 11. Intellectual property

1. Republica Moda retains the copyrights, as well as all other industrial or intellectual property rights to the products, texts, images and other materials it provided. These remain the property of Republica Moda and may not be copied, disclosed to third parties or used in any other way without the express, prior and written consent of Republica Moda.

2. The provisions of paragraph 1 also apply to the intellectual property of third parties, whose products, texts, images or other materials are shown on the website of Republica Moda or are supplied by Republica Moda.


Article 12. Force Majeure

1. In the event of force majeure or other circumstances of such nature that (timely) performance of the order cannot reasonably be required from Republica Moda, Republica Moda shall have the right, at its sole discretion:

-         to change the order in such a way that performance is possible; or

-         to extend the performance term for the duration of the circumstances referred to above; or

-         to fully or partially terminate the agreement.

2. The circumstances referred to in paragraph 1 above include: fire, blockade, business interruptions, electricity failures, extreme temperature fluctuations, acts of God, export or import prohibitions, refusal to provide import or export permits, confiscation, strikes or work stoppages, and situations in which Republica Moda cannot perform the order because this is made impossible by personnel or material - whether or not from third parties - deployed by Republica Moda to perform the order.


Article 13. Disputes and applicable law

1. All disputes relating to agreements between Republica Moda and the consumer to which these terms and conditions apply, shall be settled by the competent court in the district in which Republica Moda has its registered office.

2. All agreements between Republica Moda and the consumer are governed by Dutch law.