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1. Applicability of these terms
1.1 These terms (Terms) are applicable to all agreements between Eichholtz B.V. (Eichholtz) and a customer (Reseller) whereby the Reseller purchases products from Eichholtz (EICHHOLTZ-products).
1.2 The Reseller undertakes that all third parties involved with the resale of EICHHOLTZ-products comply with (mutatis mutandis) these Terms.
1.3 The Reseller undertakes to agree with its professional customers of EICHHOLTZ-products that these Terms (mutatis mutandis) are applicable to their agreement and that these customers will agree that same with their professional customers and so on. Reseller shall remain liable for any breach of these Terms by any of Reseller’s customers.
2.1 The Reseller offers EICHHOLTZ-products and images thereof only in a (digital or physical) environment that does justice to the quality, style and exclusive image of Eichholtz.
2.2 The Reseller shall not stimulate the sale of EICHHOLTZ-products in a manner that may damage the image or reputation of Eichholtz.
2.3 No low prices or discounts for EICHHOLTZ-products are promoted through aberrant expressions (such as brightly colored advertising notices).
2.4 Reseller shall comply with all of Eichholtz’s instructions in regard to this section 2 and shall remove or modify any advertising or promotion of the EICHHOLTZ-products that does not comply with the foregoing, in Eichholtz’s sole discretion.
3.1 The brand name EICHHOLTZ and the EICHHOLTZ-logo are internationally protected trademarks of Eichholtz (EICHHOLTZ-trademarks) and/or its subsidiaries, affiliated or sister companies or any other related company (EICHHOLTZ-trademarks).
3.2 Reseller will not interfere with Eichholtz-trademarks, including challenging Eichholtz’s use, registration of, or application to register such trademark, alone or in combination with other words or any similar trademark, anywhere in the world. Reseller will not harm, misuse, or bring into disrepute any Eichholtz trademark. The goodwill derived from using any part of a Eichholtz trademark exclusively inures to the benefit of and belongs to Eichholtz.
3.3 The Reseller may display the EICHHOLTZ-trademarks in sales promotion of EICHHOLTZ-products and in an overview of the brands that are offered for sale by him.
3.4 In advertisement, EICHHOLTZ-trademarks may only be used in combination with ‘dealer’ or ‘point of sale’. The proportion of display of the EICHHOLTZ-trademarks must be in accordance with good customs in the market.
3.5 Reseller shall not have any right to form a business entity whose name includes the EICHHOLTZ-trademarks, or any names similar thereto.
3.6 The Reseller is not allowed to use the brand name EICHHOLTZ as (a part of) an AdWord.
3.7 The Reseller shall not attend any trade shows or conferences in which the Reseller brands itself with any of the EICHHOLTZ-trademarks, or any mark similar thereto.
3.8 Reseller will cooperate fully and in good faith with Eichholtz for the purpose of securing, preserving, and protecting Eichholtz’s rights in and to the EICHHOLTZ-trademarks. At the request of Eichholtz, Distributor will execute and deliver to Eichholtz any and all documents and do all other acts and things that Eichholtz deems reasonably necessary or appropriate to make fully effective or to implement the provisions of these terms relating to the ownership, use or registration of the EICHHOLTZ-trademarks.
3.9 Reseller shall comply with all of Eichholtz’s instructions in regard to this section 3, and shall remove or modify any usage of the EICHHOLTZ-trademarks that does not comply with the foregoing, in Eichholtz’s sole discretion
3.10. This section 3 should apply mutatis mutandis to other IP-rights, including but not limited to design and copyrights.
4. Use of images
4.1 Eichholtz owns the copyrights in the product photos (Product Photos) and photos with style impressions (Style Impressions) that are used by Eichholtz in its promotional material and on its website.
4.2 The Reseller shall only use in his promotional materials Product Photos of products that he has in stock at that time. Product photos of products that are no longer offered by Eichholtz for more than one season may not be used.
4.3 Eichholtz produces seasonal collections of Style Impressions. On its website and per print edition, the Reseller may display only Style Impressions from one such collection and up to five Style Impressions simultaneously.
4.4 If the Reseller wants to use Product or Style Impressions in another way than is permitted in these Terms, he may only do so upon written permission by Eichholtz.
5. Website reseller
5.1 The extent to which the EICHHOLTZ-trademarks and EICHHOLTZ-products are presented on the website(s) of the Reseller (Website) must be proportional to the current business volume of EICHHOLTZ-products.
5.2 Under no circumstances may the use of EICHHOLTZ-trademarks, Product Photos, Style Impressions and other expressions referring to Eichholtz create confusion on the part of visitors of the Website regarding the identity of the Website, this to sole discretion of Eichholtz.
5.3 The identity of the Reseller must always be clearly visible on its Website, in order to avoid all confusion regarding the identity of the owner of the Website.
5.4 Landing pages must in terms of style be made in accordance with the common layout used by the Reseller.
5.5 It is not allowed to let an internet user browse to a page on the Website by using the EICHHOLTZ-trademarks, when on this web page the sale of non-Eichholtz products is (also) promoted.
5.6 Deep links to the website of Eichholtz are allowed. Framed links to the website of Eichholtz are allowed, unless Eichholtz explicitly notifies to the dealer that it does not agree to this use. “Home” buttons may only lead to the home page of the Website.
5.7 It is not permitted to use the name Eichholtz in a domain name. Using a specific subpage named ‘Eichholtz’ is only permitted upon written consent from Eichholtz.
6.1 A Reseller is not permitted to sell or to offer EICHHOLTZ-products as long as he is acting in violation of these Terms.
6.2 Eichholtz has the right not to supply a Reseller when he is acting in breach of these Terms.
6.3 The Reseller acknowledges competence of the Dutch courts for all claims (direct or indirect) associated with (the subject of) these Terms.
7.1. These terms have been drawn up in the English language. In case of discrepancies between the English text version and any translation, the English version shall prevail.
7.2. This document does not replace but complements all other Eichholtz terms including but not limited to the General Conditions and digital brand policy, which remain fully applicable.
8. Adaptations to these terms
8.1 Eichholtz reserves the right to amend these Terms.
8.2 In selling and promoting EICHHOLTZ-products, the Reseller is bound to the most recent version of the Terms, as soon as he becomes aware of the fact that the Terms have been amended.