Terms & Conditions
ARTICLE 1. | DEFINITIONS
In these General Terms and Conditions the following terms, also which have been modified in singular or plural, will be used in the following meaning, insofar from the nature or tenor of the stipulations it derives not otherwise.
1. General Terms and Conditions: the present “General Terms and Conditions House of Gia bv (B2B)”.
2. HOUSE OF GIA BV: House of Gia bv, the user of these General Terms and Conditions, having its seat of business at Voorzand 24-B, Ridderkerk, the Netherlands, registered in the Trade Register under COC No. 66961459 with Vat-Number NL856771442B01.
3. Counterparty: the natural person, at least trading in the exercise of a profession or enterprise, or legal person, with whom HOUSE OF GIA BV has concluded or envisages to conclude an agreement.
4. Reseller: the counterparty as referred to in the previous section that with regard to the products to be ordered at HOUSE OF GIA BV acts as reseller and is acknowledged as such by HOUSE OF GIA BV.
5. Parties: HOUSE OF GIA BV and the counterparty jointly.
6. Agreement: each agreement concluded between HOUSE OF GIA BV and the counterparty, with which HOUSE OF GIA BV has committed itself, against a price further agreed between parties, to the sale and delivery of products.
7. Website/webshop: houseofgia.com.
8. Products: all goods to be delivered in the framework of the agreement by HOUSE OF GIA BV to the counterparty.
9. In writing: both traditional written communication and digital communication to be stored on a sustainable data carrier, such as e-mail communication.
ARTICLE 2. | GENERAL STIPULATIONS
1. These General Terms and Conditions are applicable to each offer of HOUSE OF GIA BV that, and each agreement that provides for the delivery of products to counterparties acting professionally or enterprise wise, at least not being Consumers.
2. If these General Terms and Conditions have been made available in several languages, then the Nederlandse version of the present General Terms and Conditions is each time decisive for the interpretation of the stipulations included therein.
3. The applicability of the general terms and conditions (of purchase or under another name) of the counterparty, will be rejected explicitly.
4. From the stipulations in these General Terms and Conditions can solely be deviated in writing. If and insofar what parties have agreed explicitly (and therefore in writing), deviates from the stipulations in these General Terms and Conditions, applies what parties explicitly have agreed. Furthermore, if and insofar what is explicitly stated in the webshop and is confirmed by HOUSE OF GIA BV in the framework of an agreement to the counterparty per e-mail, deviates from the stipulations in these General Terms and Conditions, then that what is confirmed by HOUSE OF GIA BV to the counterparty per e-mail applies.
5. Invalidation or invalidity of one or more of the stipulations from these General Terms and Conditions, leaves the validity of the other stipulations unaffected. In a prevalent case parties are obliged to enter in mutual consultation, in order to create a replacing regulation with regard to the affected stipulation. Thereby as much as possible the purpose and the tenor of the original stipulations will be observed.
ARTICLE 3. | SPECIAL STIPULATIONS FOR RESELLERS
1. Before the counterparty is authorized to act as reseller of the products, the counterparty must as such have been approved by HOUSE OF GIA BV, whereby the terms and conditions as referred to under a to e below will be applied. The assessment whether the counterparty complies with the terms and conditions of this section is somewhat arbitrary and belongs therefore solely to HOUSE OF GIA BV. HOUSE OF GIA BV is never obliged to accept the registration of a reseller.
a. The possible physical shop of the counterparty may not be located too close to another shop with the same sort of assortment. HOUSE OF GIA BV applies for this, the guideline that the physical shop may not be located in the same street, direct on the corner of or in the same quarter as that of another shop with the same sort of assortment, it being understood that in case of a city centre can be deviated thereof if the two shops in the city centre are not located in each other’s view. For the assessment of the afore stated, HOUSE OF GIA BV uses its store locator;
b. The (physical and/or web) shop of the counterparty has as target group “baby”, “kids” and/or “lifestyle” and must have an inspiring aura, which means: tidy and looking well-organised;
c. The (physical and/or web) shop of the counterparty has as target group the middle and/or high segment;
d. The counterparty must have the intention to conclude a long-term cooperation with HOUSE OF GIA BV;
e. In case of sale via a webshop of the counterparty this must have the disposition over an active Instagram and/or Facebook page, a Customer Service that is easily reachable, and a safe payment environment. The counterparty must not solely sell via social media and the webshop must be transparent and easy to navigate. Furthermore, the webshop concerns no promotion or action shop, under which will be understood a webshop that has those products solely temporarily in the assortment and sells solely against stunt prices.
2. If the counterparty, in the opinion of HOUSE OF GIA BV, complies with the terms and conditions as referred to in section 1, and HOUSE OF GIA BV has confirmed the successful testing thereon to the counterparty, then the counterparty can act as reseller after receipt of the log-in data for access to the ordering section on the website of HOUSE OF GIA BV provided thereto by HOUSE OF GIA BV to the reseller.
3. The reseller must place a first order with a minimum order amount of € 400 (ex VAT). The reseller is required to have placed the first order within a month after approval of his account.
4. After the placing of the first order, the counterparty must place at least one order per quarter.
5. In the framework of the resale by the reseller, the products must be placed in the (physical and/or web) shop of the counterparty as much as possible near each other.
6. The share of HOUSE OF GIA BV-products in the assortment of the reseller may not amount to more than 50% of the total assortment. At least 50% of the assortment must consist of other products.
7. The trade name of HOUSE OF GIA BV may not appear in the web address of the webshop of the reseller.
8. If the reseller does not or no longer comply with the terms and conditions of the previous sections of this article, then HOUSE OF GIA BV is authorized to block the account of the reseller and to withdraw its approval, because of which the counterparty is no longer authorized to act as reseller of HOUSE OF GIA BV, until HOUSE OF GIA BV has possibly lifted this block and grants again approval to the reseller.
9. Resale to customers of the reseller takes place for own account and risk of the counterparty.
10. Each cooperation between the reseller and HOUSE OF GIA BV is, unless explicitly otherwise agreed, never exclusive. HOUSE OF GIA BV is authorized without geographic limitations to appoint several resellers, also if therewith violation would emerge with the stated in section 1 under a of this article.
11. HOUSE OF GIA BV warrants the reseller the constant, agreed quality of the delivered products. The reseller is responsible for the compliance with its lawful obligations towards its end customers, such as regarding the lawful sellers’ warranty towards Consumers.
12. HOUSE OF GIA BV grants the reseller the right to make use of the brand name(s) of HOUSE OF GIA BV and the product photos and sphere images such as those available for the reseller under the Dropbox-account of HOUSE OF GIA BV, but solely insofar and for as long as that in the framework of the resale of the products must be deemed reasonably permissible and in compliance with the stipulations in article 13 as well as all possible directions of HOUSE OF GIA BV with regard to the use thereof, including in each case that the product photos and sphere images solely can be used for the webshop of the reseller. For use of the brand name(s), product photos and sphere images of HOUSE OF GIA BV otherwise than as referred to in the previous sentence, explicit prior permission of HOUSE OF GIA BV is required. Special use of product photos and sphere images can be applied for per e-mail (email@example.com).
13. The reseller is obliged to use the brands signs applied by HOUSE OF GIA BV in connection with the resale of the products. The reseller is not permitted to remove any brand sign from the products or to change this, or to apply own brand signs to the products.
Recommended sales prices
14. The reseller is authorized to conduct his own price policy, it being understood that HOUSE OF GIA BV communicates recommended sales prices to the reseller, and requests to apply these (by approximation) in the framework of the resale. HOUSE OF GIA BV does not want to be a brand with products, which products can be found continuously somewhere in the special sale or in discount actions, but to the contrary a brand, that radiates class. If all resellers of HOUSE OF GIA BV apply the recommended sales prices, then a healthy mutual competition will be maintained and mutually no negativity will take place. By applying the recommended sales prices of HOUSE OF GIA BV, it will demonstrate that the products are of a quality brand, which also promotes the image of the (web) shop of the reseller.
15. The recommended sales prices of HOUSE OF GIA BV do not apply with regard to products that HOUSE OF GIA BV offers itself in the sales, and so for the duration thereof. This can occur in case of products that run out and therefore shall not return anymore. Also, the recommended sales prices do not apply in case of products of which it shows that the reseller cannot sell these during a longer time, in spite of his reasonable efforts, and which the reseller shall not order again from HOUSE OF GIA BV. In the latter case it is advised to clearly communicate that it concerns an ending product, for instance by stating in the offer “gone=gone”.
Fairs, pop-up shops, new sales locations, marketplaces and moving shop
16. If the reseller in the framework of the resale of the products wants to participate in a fair, pop-up shop, concept store or wishes to open a new location by himself or moves from location, then the reseller must request it in advance in writing permission from HOUSE OF GIA BV. If HOUSE OF GIA BV is active at a fair, then the participation thereon by the counterparty with the products of HOUSE OF GIA BV is never possible.
17. If the reseller in the framework of the resale of the products wants to sell on marketplaces (Example: Amazon, Bol.com etc.), then the reseller must request it in advance in writing permission from HOUSE OF GIA BV. Approval of sales is always for a maximum of one year and need to be requested annualy by the reseller. The counterparty can derive no rights from an previous approval of HOUSE OF GIA BV.
ARTICLE 4. | WEBSHOP ACCOUNT, OFFER AND CONCLUSION OF AGREEMENTS
1. Each offer of HOUSE OF GIA BV is non-binding and takes place under precondition of sufficient availability of the offered products. With regard to ordered products, for which already is paid and that are inadvertently not in stock, HOUSE OF GIA BV shall apply crediting, unless explicitly agreed otherwise. For the possibility of not being in stock, HOUSE OF GIA BV will issue as soon as possible per e-mail notification to the counterparty.
2. The reseller can, in addition to the ordering of products under his account in the webshop of HOUSE OF GIA BV, as well as on another manner possibly agreed explicitly with the reseller, place orders per e-mail.
3. If the counterparty has received log-in data of HOUSE OF GIA BV for the ordering of products in the webshop, the counterparty warrants that it keeps this data strictly secret. All acts that will be executed under the account of the counterparty on the website, will be accounted to the registered counterparty.
4. The counterparty can derive no rights from an offer of HOUSE OF GIA BV that contains an obvious error or mistake.
5. The counterparty can furthermore, derive no rights from an offer of HOUSE OF GIA BV that is based on incorrect or incomplete data provided by the counterparty.
6. If HOUSE OF GIA BV explicitly states a minimum ordering quantity in its offer, then the products cannot be purchased against a lesser number.
7. A composed price statement obliges HOUSE OF GIA BV never to compliance with a part of the offer against a related part of the stated price.
8. Each agreement is concluded by offer and acceptation. If the acceptation of the one party deviates from the offer of the other party, then the agreement is not concluded in accordance with this deviating acceptation, unless the latter party states otherwise. In case the agreement will be concluded along electronic means, then the agreement is concluded not sooner, than after HOUSE OF GIA BV has confirmed the order of the counterparty per e-mail.
9. If the counterparty concludes the agreement on behalf of another natural or legal person, then it declares by the conclusion of the agreement to be authorized thereto. The counterparty is in addition to this (legal) person jointly and severally liable for the compliance with the obligations from that agreement.
ARTICLE 5. | DELIVERY OF THE PRODUCTS
1. Unless agreed explicitly otherwise, the delivery of the products takes place by delivery thereof on the delivery address stated by the counterparty. In case of an order via the webshop, the counterparty must among others make a correct statement of the company name of the counterparty.
2. Delivery in pallets is possible in consultation. The average height of a fully loaded pallet is 2.20 metres. Packages have a maximum weight of 20 kilograms.
3. Special labelling/stickering on repackaging is possible in consultation. HOUSE OF GIA BV is authorized to bring therefore administration and/or handling costs further to be established, into account.
4. HOUSE OF GIA BV is authorized to deliver orders in parts and to invoice each part separately.
5. HOUSE OF GIA BV determines at all times the manner of packaging and shipment of the products.
6. Unless from the nature or tenor of an explicitly agreed delivery conditions it derives otherwise, the risk of loss and damaging of the products is transferred to the counterparty, on the moment that the products are taken by or on behalf of the counterparty in receipt.
7. Upon exceeding of the delivery term stated by HOUSE OF GIA BV, the counterparty is never authorized to refuse to take the products to be delivered in receipt and/or to pay the amounts due by it to HOUSE OF GIA BV on the basis of the agreement.
8. If HOUSE OF GIA BV as a consequence of a circumstance imputable to the counterparty, makes extra costs which would not exist if the products on the moment of the envisaged delivery would have been taken in receipt, then these costs come additionally for the account of the counterparty. These costs can concern, without limitation, costs of storage of the products to be established according to reasonableness by HOUSE OF GIA BV, and possible extra costs in connection with various delivery attempts.
9. If an order will not be taken in receipt by or on behalf of the counterparty, and will be received back by HOUSE OF GIA BV, for instance because the order from PostNL or DHL will be sent back, then HOUSE OF GIA BV is authorized to dissolve the agreement, in which case solely the price of the products has to be paid back, thus exclusive of the delivery costs already made.
ARTICLE 6. | DELIVERY TERMS
1. Orders will as a rule be made ready for shipment within one to three working days. During launches of new collections, this term can increase in connection with the amount of work.
2. Shipment of orders takes place by means of PostNL, UPS or one of their subcontractors, worldwide with on average a maximum delivery time of six working days after delivery of the order by HOUSE OF GIA BV to UPS. The counterparty receives a confirmation of shipment with track & trace-information.
3. HOUSE OF GIA BV makes an effort to comply with the delivery terms agreed between parties. However, all stated and agreed delivery terms are solely to be regarded as indicative, non-fatal terms. HOUSE OF GIA BV makes an effort to, in case of a (to be expected) delayed delivery, to notify the counterparty thereof as soon as possible per e-mail. The default of HOUSE OF GIA BV emerges not sooner than after the counterparty has declared in default HOUSE OF GIA BV in writing, in which notification of default a reasonable term is stated within which HOUSE OF GIA BV can comply with its obligation to deliver after all and the compliance therewith after the expiry of the term last referred to, still has remained absent.
4. Upon exceeding of the agreed delivery term, the counterparty is, notwithstanding the stipulations in the previous section, never authorized to refuse to takes the products to be delivered in receipt and/or to comply with its other obligations from the agreement.
5. The delivery terms to which HOUSE OF GIA BV has committed itself towards the counterparty, shall start not sooner than after HOUSE OF GIA BV has received all data from the counterparty required for the delivery.
ARTICLE 7. | WARRANTY, INSPECTION AND COMPLAINTS
1. The products to be delivered by HOUSE OF GIA BV comply with the usual requirements and norms that reasonably can be set thereto on the moment of the delivery and for which they are destined upon normal use in the Netherlands. In case of use outside the Netherlands, the counterparty must verify whether the use thereof is suitable for the use there and comply with the terms and conditions that are set thereto in the concerned countries. HOUSE OF GIA BV delivers the products solely with commercial warranty insofar such explicitly is stated by HOUSE OF GIA BV, such as on its website or on the packaging of the products.
2. The counterparty must, notwithstanding its possible claims on possible commercial warranty, examine on the moment of delivery, whether the products comply with the agreement and the shipment is free of transport damage. If the products in the opinion of the counterparty do not comply with the agreement or the shipment is damaged, then the counterparty must give notification thereof as soon as possible, at least within eight days after the delivery, per e-mail to HOUSE OF GIA BV (firstname.lastname@example.org), whereby photos will be attached from which the shortcoming or damage shows, as well as the tracking code will be stated such as represented on the box. The packaging from which possible damage shows, must be kept for the benefit of possible inspection.
3. Claims on possible commercial warranty, must be submitted by the counterparty in writing to HOUSE OF GIA BV, within seven days after familiarity with the circumstance from which the claim derives.
4. If the counterparty does not timely complain or does not timely submit claims to commercial warranty, then in that regard for HOUSE OF GIA BV no obligation whatsoever, shall derive.
5. Complaints of the counterparty never suspend its payment obligations.
6. Return shipments will only be accepted after prior consent of HOUSE OF GIA BV and solely based on commercial warranty or a shortcoming of HOUSE OF GIA BV. Return shipments must be registered per e-mail. Return shipments take place for the account of the counterparty. If there is unmistakably an instance of a shortcoming as referred to in the first sentence, then the counterparty has a claim to repayment of the return costs, if the counterparty has chosen thereby for the least costly manner of shipment.
7. Defects of the products because of an external cause or another are no ground for complaints, a valid claim on commercial warranty or default of HOUSE OF GIA BV. Thereunder will be included, without limitation, defects because of damaging, incorrect or inexpert treatment and use in violation of the possible use prescriptions or other directions of or because of HOUSE OF GIA BV.
ARTICLE 8. | FORCE MAJEURE
1. HOUSE OF GIA BV is not required to the compliance with any obligation from the agreement if and for as long as it will be hindered thereto by a circumstance that cannot be imputed to it on the basis of the law, a legal act or current opinions in society.
2. If the situation of force majeure makes the compliance with the agreement permanently impossible, then parties are authorized to dissolve the agreement with immediate effect.
3. If HOUSE OF GIA BV at the emergence of the situation of force majeure has already partially complied with its obligations, or can only partially comply with its obligations, then it is authorized to invoice the already executed part, respectively executable part of the agreement separately, as if there were an instance of an independent agreement.
4. Damage as a consequence of Force Majeure is, notwithstanding application of the previous section, never eligible for compensation.
ARTICLE 9. | SUSPENSION AND DISSOLUTION
1. HOUSE OF GIA BV is, if the circumstances that justify, authorized to suspend the execution of the agreement or to dissolve the agreement with direct effect in whole or in part, if and insofar the counterparty does not, not timely or not fully comply with its obligations from the agreement, or circumstances come to the knowledge after the conclusion of the agreement gives HOUSE OF GIA BV good cause to fear that the counterparty shall not comply with its obligations.
2. If the counterparty is in a state of bankruptcy, has filed for (provisional) suspension of payment, any attachment has been put on its goods, or in instances in which the counterparty can otherwise not freely dispose over its capital, then HOUSE OF GIA BV is authorized to dissolve the agreement with immediate effect, unless the counterparty has provided already satisfactory surety for the compliance with the payment obligations resting on it on the basis of the agreement.
3. Furthermore, HOUSE OF GIA BV is authorized to dissolve the agreement if and insofar circumstances occur which are of such nature, that compliance with the agreement is impossible or unchanged maintaining thereof in reasonableness cannot required of it.
4. The counterparty never makes any claim to any form of compensation of damages in connection with the right of suspension or dissolution exercised by HOUSE OF GIA BV on the basis of this article, it being understood that if the circumstance that has led to the dissolution of the agreement, should reasonably come for risk of HOUSE OF GIA BV, then the counterparty has a claim to refunding or discharge of the price proportional to the not-delivered part of the agreement.
5. Insofar this can be imputed to it, the counterparty is obliged to compensate the damage that HOUSE OF GIA BV suffers as a consequence of the suspension or dissolution of the agreement.
6. If HOUSE OF GIA BV dissolves the agreement on the basis of this article, then all claims on the counterparty are immediately payable upon demand.
ARTICLE 10. | PRICES, COSTS AND PAYMENTS
1. All prices stated by HOUSE OF GIA BV are exclusive of VAT. Postage free delivery applies, unless explicitly otherwise is agreed, solely in case of delivery within the Netherlands of orders with an ordering amount from € 750 (excl. VAT). In other instances, the shipping costs come for the account of the counterparty, unless explicitly agreed otherwise.
2. HOUSE OF GIA BV is at all times authorized to change its prices, it being understood that price changes have no influence on already concluded agreements.
3. Payments must take place in the manner designated thereto by HOUSE OF GIA BV. Possible bank costs come for the account of the counterparty.
4. The payment must be made fully before delivery of the order, unless explicitly agreed otherwise. HOUSE OF GIA BV is in that case not sooner required to deliver the products than after the advance payment is received by HOUSE OF GIA BV.
5. Payments by means of bank transfer must take place within the term stated on the invoice, in the manner otherwise prescribed on the invoice by HOUSE OF GIA BV.
6. HOUSE OF GIA BV is authorized to make the invoices destined for the counterparty, solely available per e-mail to it.
7. If the counterparty is in a state of bankruptcy, has filed for (provisional) suspension of payment, any attachment has been put on its goods, or in instances in which the counterparty can otherwise not freely dispose over its capital, then the claims on the counterparty are immediately payable upon demand.
8. If timely payment remains absent, then the default of the counterparty emerges by law. From the day that the default of the counterparty emerges, the counterparty is liable to pay, over the outstanding amount, an interest of 2% per month, whereby a part of a month will be regarded as a full month.
9. All reasonable costs, such as in-court, out-of-court and execution costs, made for obtaining of the amounts due by the counterparty on the basis of the agreement, come for its account. The out-of-court collection costs will be established as follows:
- 15% over the outstanding amount up to € 2,500 with a minimum of € 40
- 10% over the outstanding amount of € 2,500.01 up to € 5,000
- 5% over the outstanding amount from € 5.000.01.
ARTICLE 11. | LIABILITY AND SAFEGUARD
1. Except for wilful intent and conscious recklessness of HOUSE OF GIA BV, as well as except for the stipulations in article 7, HOUSE OF GIA BV is after the delivery of the products no longer liable for defects of the delivered.
2. The counterparty bears the damage caused by incorrect or incomplete matters in data provided by the counterparty, including emphatically the data with regard to the delivery address. Furthermore, the counterparty bears the damage caused by a shortcoming in the compliance with the obligations of the counterparty that derive from the law or the agreement, as well as another circumstance that cannot be imputed to HOUSE OF GIA BV.
3. If the counterparty has provided incorrect data with regard to the delivery address and this circumstance (on the initiative of the counterparty) reasonably cannot be repaired anymore, then the extra costs deriving there from come for the account of the counterparty.
4. HOUSE OF GIA BV is never liable for consequential damage, including among others missed profit, suffered loss and damage as a consequence of enterprise stagnation.
5. Should HOUSE OF GIA BV be liable towards the counterparty for any damage, then HOUSE OF GIA BV is at all times authorized to repair this damage. The counterparty must enable HOUSE OF GIA BV thereto, in the absence of which all liability of HOUSE OF GIA BV in that regard will be forfeit.
6. The liability of HOUSE OF GIA BV is, except for wilful intent and conscious recklessness from its side, at all times limited to no more than the value of the invoice of the agreement, at least to that part of the agreement to which the liability of HOUSE OF GIA BV refers, it being understood that the liability of HOUSE OF GIA BV, if the value of the invoice is not in proportion to the damage for which HOUSE OF GIA BV is liable, is limited to the amount that in the concerned case on the basis of the liability insurance concluded by HOUSE OF GIA BV, actually will be paid out, supplemented with the possible own risk of HOUSE OF GIA BV that is applied on the basis of that insurance application.
7. The statute of limitations of all legal claims towards HOUSE OF GIA BV is one year.
8. The counterparty safeguards HOUSE OF GIA BV from possible claims of third parties, that suffer damage in connection with the execution of the agreement, and of which the cause is imputable to those other than HOUSE OF GIA BV.
ARTICLE 12. | RETENTION OF TITLE
1. All products remain property of HOUSE OF GIA BV until the counterparty concerning the concerned order has complied with all its payment obligations towards HOUSE OF GIA BV.
2. Except for insofar in the framework of its normal conduct of enterprise it must be deemed permissible, it is forbidden for the counterparty, to sell, to put a line on or encumber in any other manner, the products on which the retention of title rests.
3. The counterparty is required to keep the products delivered under retention of title with the necessary care and as recognisable property of HOUSE OF GIA BV.
4. If third parties put an attachment on the products on which the retention of title rests, or wish to vest or claims rights thereon, then the counterparty is obliged to notify HOUSE OF GIA BV hereof as soon as possible.
5. Upon sale and/or delivery by the counterparty to third parties in the framework of its normal conduct of enterprise, as well as upon violation of the other stipulations in this article, the purchase price will become immediately fully payable upon demand.
6. The counterparty gives unconditional permission to HOUSE OF GIA BV or third parties designated by HOUSE OF GIA BV to access all those places where the products on which the retention of title rests, are located. The counterparty must provide HOUSE OF GIA BV upon first request with all information in order to be able to exercise its property rights, such at the peril of a contractual fine directly payable upon demand of € 500 per day that the counterparty is in default therewith and without that HOUSE OF GIA BV has to declare the counterparty in default for that. All reasonable costs in connection with the exercise of the property rights of HOUSE OF GIA BV, shall come for the account of the counterparty.
ARTICLE 13. | INTELLECTUAL PROPERTY
1. HOUSE OF GIA BV reserves all rights of intellectual property with regard to the products, as well as to the brand names conducted by it and on the website and texts, image materials and other content of whichever nature represented under its Dropbox-account. The counterparty is forbidden to (let) multiply, to (let) copy, to (let) reproduce or to (let) disclose or distribute these goods or to use in whichever manner other than derives from the nature or tenor of the agreement or the normal use of the website.
2. A violation imputable to the counterparty of the stipulations in the previous section, gives HOUSE OF GIA BV the right to immediate undoing of the infringement, as well as to claim a compensation of damages further to be established on the basis of the nature and scope of the infringement.
ARTICLE 14. | FINAL STIPULATIONS
1. Solely the Laws of the Netherlands are applicable to each agreement and all legal relations deriving there from between parties.
2. Parties shall not sooner turn to the courts than after they have made an optimum effort, to resolve the dispute in mutual consultation.
3. The version of these General Terms and Conditions in the Netherlands’ language is each time decisive for the interpretation of the stipulations included therein.