Terms & Conditions

General conditions

We reserve the right to refuse our services to anyone for any reason at any time. Our website and online services may only be used for legitimate purposes. You may not violate any laws in your jurisdiction. You are prohibited to transmit any worms or viruses or any code of destructive nature or pursue any practice that threatens the integrity and/or security of our network. Any attempt to breach the security of our servers or network is forbidden and will be subject to legal proceedings.

 

Copyright

UAUA Collections and www.uauacollections.com are all properties of UAUA Collections LLC. All photos, graphics, images, names, text, logos, symbols and designs and other content are registered trademarks of UAUA Collections and are protected by copyright worldwide. No part of this publication may be reproduced, sold, modified, published, transferred, transmitted, translated, distributed, altered, copied or shared in any form or by any means without prior written consent of the copyright owner. Any violation of these terms will be subject to legal proceedings.

 

No resale of service

By using our website and services, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit any content or service that UAUA owns for any commercial purpose without express written consent of the owner of UAUA Collections.

 

Third-party services

Certain tools we use on our website are services provided by third parties. Any links from these third parties may direct you to third-party websites that are not associated with us. We cannot be held responsible for any third-party websites or any products or services these third parties provide. Please make sure to carefully review the privacy policies and terms and conditions from these third parties before you engage in any transactions. Any complaints or questions regarding third-party products or services should be directed to the third parties.

 

Price modifications & product discontinue

We are not obliged to notice you when prices have changed. We reserve the right to modify any price or discontinue, temporarily or permanently any product without notice at any time. We are not held liable to you or any third party for any modification, suspension or discontinuance of services.

 

Right to refuse or cancel an order

We reserve the right to refuse any order you place with us and to limit or prohibit orders that appear to be placed with fraudulent intentions. We reserve the rights to cancel an order when there is a payment error on the website or when your payment details are incorrect or cannot be verified. You are responsible to update your account information.

 

Sales tax

We are required to charge sales tax with every purchase you make. Sales taxes is imposed by local governments and are administered at the state level. We file returns and remit the tax to the state.

Payment

All orders are charged in full at checkout. Once an order is placed, the payment will be drawn from your card. No credit card fees are charged by us. Please note that it is not possible for us to charge a higher amount than the one approved by you. Payment is processed via QuickPay system through a Nets approved and certified secure payment solution.

 

Changes to terms & conditions

We reserve the right to modify, update or replace any of these terms & conditions at any time. By using our services, you accept any changes made. It is your responsibility to check our website periodically for changes.

 

B2B – Retailer terms and conditions

Terms and conditions for UAUA Collections LLC

These terms and conditions (the “Terms”) apply to all B2B-business with UAUA Collections LLC. The conditions are updated in December 2021.

Office USA

UAUA Collections
Austin, Texas

Office Europe

UAUA Collections
Antwerp, Belgium
KBO BE0788.784.303

www.uauacollections.com

 

 

 

Acceptance of the Terms

These Terms shall apply to the extent that no other written agreement is made between UAUA Collections and Retailer. Any general terms and conditions of Retailer shall not apply to orders placed at UAUA Collections.

 

Prices

All prices are excl. VAT and other applicable taxes, tolls, customs charges and tariffs. Prices are subject to rising prices of materials, work wage and legislative changes, unless other written agreement is stated. Fixed prices are only applicable during the periods set out in terms of acceptance and delivery deadline.

 

Retention of title

UAUA Collections retains all title to the products until the order has been fully paid for by Retailer.

 

Marketing and advertising

Only UAUA Collections’ authorized materials (including product texts) and pictures shall be used for advertising and sale of the products. Authorized materials and pictures will be provided by UAUA Collections.

Retailer shall not be entitled to use own pictures etc. of UAUA Collections’ products for the advertising and sale of the products unless UAUA Collections has granted consent. UAUA Collections can request that the Retailer removes any pictures that are not authorised and updates its advertising and website with current pictures from UAUA Collections.

The authorised materials and pictures must be used for advertising and sale of the products only.

Retailer must at all times comply with UAUA Collections’ instructions regarding the advertising of the products, including presentation in Retailer’s web shop, Retailer shall at all times adhere to guidelines stipulated by UAUA Collections and as updated from time to time, including the guidelines for marketing on social media.

It is Retailer’s sole responsibility that all advertising complies with national legislation.

Retailer shall at all times respect a launch date communicated by UAUA Collections and shall refrain from any marketing activity before the permitted date and shall refrain from effecting any sale before the relevant launch date.

Retailer shall at all times state any applicable products certificates, approvals and other materials relating product safety.

If Retailer does not comply with this clause related to advertising, UAUA Collections reserves its right to end the business relationship with Retailer immediately.

 

Retailer’s product range

UAUA Collections have created a quality-conscious universe for children’s clothing. Products delivered to the Buyer are to be sold in the agreed upon shop/shops and/or website. Retailer shall only be allowed to sell other products that are within the same range, i.e. products for children and similar, or compatible herewith in UAUA Collections’ opinion. If Retailer does not comply herewith, UAUA Collections reserves its right to end the business relationship with Retailer immediately. Furthermore, UAUA Collections reserves the right to repurchase Retailer’s remaining stock of UAUA Collections products at cost price. All freight costs related hereto shall be held by Retailer.

 

Retailer’s store and online appearance

UAUA Collections is a Belgian brand that stands for quality, functionality and simplicity. If UAUA Collections deems, at its sole discretion, that Retailer’s store and online appearance does not satisfy UAUA Collections’ standards relating to appearance and overall image of the UAUA Collections brand, UAUA Collections may immediately end the business relationship with Retailer. If Retailer has caused any damage to the goodwill and image of the UAUA Collections brand, UAUA Collections reserves its rights to make claims towards Retailer. Furthermore, UAUA Collections reserves the right to repurchase Retailer’s remaining stock of UAUA Collections products at cost price. All freight costs related hereto shall be held by Retailer.

 

Intellectual property rights

All intellectual property rights related to the products belong to UAUA Collections. Retailer shall not obtain any intellectual property rights whatsoever in and relating to the products. Retailer shall not make any alteration or addition to the design, construction or specification of the products or their packaging without the consent of UAUA Collections.

If Retailer becomes aware of any potential infringement of UAUA Collections’ intellectual property rights, Retailer must notify UAUA Collections immediately.

 

Orders

Orders are final when UAUA Collections confirms Retailer’s order by sending an order confirmation unless Retailer objects to the order confirmation within 8 days. Hereafter, Retailer cannot cancel, change or postpone the order without a written agreement from UAUA Collections.

Any changes or cancellations regarding the order between the Retailer and UAUA Collections will only be accepted if these are addressed in writing within 8 working days after receiving the order confirmation. If no changes from the Retailers side are addressed within the 8 working days the order is deemed final and confirmed. UAUA Collections has the right to claim a fee of 30% of the total amount of the order excluding VAT, if changes or cancellations are requested after the order is deemed final and confirmed.

UAUA Collections remains the right to cancel a pre-order and apply 30% cancellation fee, once the delivery window is overdue and the Retailer has failed clearing its outstanding or before end of delivery window.

Minimum orders (apply unless agreed otherwise in writing by UAUA CollectionsLLC):

Within European Union

• Spring Summer Collection: 750€

Outside European Union

• Spring Summer Collection: 750€

United States & Canada

• Spring Summer Collection: $750

Timeline SS’23

• Pre Order Launch June 29, 2022
• Deadline Pre-orders August 12, 2022
• Delivery in-store February 1^st, 2023
• Global launch date February 8^th, 2023

 

Delivery

UAUA Collections ships all orders. Unless otherwise agreed in writing, all shipping is done at Retailer’s expense and risk. Every effort is made to find the cheapest shipping cost. These costs are not negotiable. Any customs charges are at the expense of the Retailer.

UAUA Collections takes reservation for delays of the goods and is not liable for any delays. Delays in delivery does not entitle Retailer to cancel the order until after a writing inquiry is sent to UAUA Collections to justify the matter – and only after UAUA Collections fails at delivering within a reasonable time.

If Retailer causes delay in the delivery, the time of delivery will be extended in circumstances deemed reasonable.

 

Force majeure

All force majeure events shall, for the duration of and to the extent of the effects caused by such disturbances, release UAUA Collections from the performance of its contractual obligations affected.

Force majeure includes events such as war, riots, civil unrest, pandemics, government intervention, strike, lockout, export and / or import restrictions, missing, incomplete or delayed deliveries from suppliers, labour shortages, currency restrictions, lack of transportation or any other reason, which are beyond UAUA Collections’s control, which has the effect of delaying or preventing the production and delivery of goods.

If one or more of the above circumstances temporarily prevents timely delivery, delivery time is postponed for the period force majeure exists. If delivery is prevented for a period longer than three months, UAUA Collections is entitled to cancel the placed order without being liable towards Retailer.

 

Defects and complaints from customers

UAUA Collections products are of high quality in terms of material, tolerance and processing.

If shortcomings in the delivered goods are detected within a year, UAUA Collections may at its sole discretion decide whether to credit Retailer for the returned defective goods, which shall be returned at the expense of Retailer. The aforementioned obligations require Retailer to collect minimum 3 claims from its customers and complain in writing to UAUA Collections. Retailer shall be obliged to obtain the defective goods from the customers complaining and shall forward the defective goods with a description of the claim to UAUA Collections.

UAUA Collections is not liable for errors or defects attributable to improper handling, transport, storage, assembly or otherwise misconduct by anyone other than UAUA Collections, or for unusual or usual wear and tear.

 

Payment

Payment terms are stated in the invoice. Within 7 days after receiving the order confirmation, 30% deposit payment is required to confirm and finalize the order. All orders where from a 30% deposit payment within 7 days is not received, can be cancelled by UAUA Collections. All orders are paid upfront and all orders will be packed and shipped once the remaining balance of 70% is received. When goods are ready to be shipped, Retailer will receive a prepayment inquiry. If payment is not made in due time, the order will be cancelled by UAUA Collections.

 

Product recalls

Retailer is obliged to use its best efforts to assist UAUA Collections in case of product recalls. This involves all reasonable steps necessary for contacting customers that have bought products subject to recall. Retailer must take such steps immediately after being notified of recalled products by UAUA Collections. Retailer is not entitled to any reimbursements for Retailer’s assistance in connection with product recalls. The Retailer shall keep sufficient records of its sale of UAUA Collections products to enable a recall procedure.

 

Liability

UAUA Collections total aggregate liability towards Retailer is limited to the purchase amount of the relevant order. This also includes damages arising from personal caused by UAUA Collections’s products to the extent permitted by law.

UAUA Collections is not liable for damages on the items caused by defects in the delivered product.

UAUA Collections is only liable for direct losses. UAUA Collections is not liable for any indirect losses or consequential losses, including, but not limited to, operating losses, loss of future profit or loss of goodwill or image.

Furthermore, UAUA Collections disclaims the liability for UAUA Collections products to which manufactured materials by a third party is added, unless the damage is attributable to the product made by UAUA Collections.

 

Retailer’s complaints and return of goods

Any errors or shortcomings in the supply of UAUA Collections must be claimed within 10 days after such is detected.

It is Retailer’s duty to display how the error manifests itself. In case Retailer discovers errors, UAUA Collections is to be contacted through the complaint list of at least 3 items with item numbers, complaint reason and the price of the goods.

All complaints must be approved by UAUA Collections and the goods must be returned to:

2708 Dupree Ln

Austin, TX 78748

USA

ATTN: UAUA Collections – Kiki Rom Colthoff

 

Returns must be informed in writing and approved by an employee of UAUA Collections.

• Unauthorized returns: If returns are made from the Retailer without the knowledge of UAUA Collections, will UAUA Collections reserve the right to charge handling fees to the Retailer
• Denied delivery by the Retailer will be understood as unauthorized return, and cancellation fees may be applicable.
• In case of incorrect delivery, the Retailer must inform in writing an employee of UAUA Collections no later than 8 working days after receiving the goods. After this day no returns will be accepted.

Note: For retailers outside United States & Canada, pictures and complaints can be send by email for UAUA Collections’ assessment.

Complaints regarding errors and defects are always assessed against the condition of the products before usage. Complaints will not be accepted if Retailer or Retailer’s customer has caused the defect. Retailer will only receive a refund if there are significant defects in the products.