GENERAL CONDITIONS SHOEDICTION WEBSHOP
These are the general conditions of Shoediction, Oude Spiegelstraat 3, 1016 BM AMSTERDAM, Chamber of Commerce number 51527898, VAT number NL198210814B01, E-mail: firstname.lastname@example.org, Telephone: 020-4233888.
Article 1. Definitions
1.1 In these general conditions, the following terms have the following meanings, unless expressly stated otherwise.
1.2 Consumer: the natural person not acting in the course of a business or profession, who enters into a distance agreement with the User.
1.3 User: Shoediction, with registered office in Amsterdam;
1.4 Distance Agreement: the agreement between the User and the Consumer whereby, within the framework of the User organized system for distance selling up to and including the conclusion of the agreement, only use is made of one or more techniques for distance communication;
1.5 Model form: the model form as attached to these general conditions and as made available on the User's website.
Article 2. Applicability
2.1. These general conditions apply to all offers of the User and to each Distance Agreement between the User and the Consumer.
2.2. Any deviations from these general conditions are only valid if they have been expressly agreed in writing.
Article 3. Offers
3.1 If an offer has a limited period of validity, this will be stated in the offer.
3.2 Each offer includes a description of the main features of the product, which is sufficiently detailed to enable the Consumer to make a good assessment of the offer.
3.3 The User cannot be held to its offers if the Consumer, according to the standards of reasonableness and fairness and prevailing opinion, had understood or should have understood that the offer and/or the description of the offer (including the price) or any part thereof contained an obvious mistake or error in writing.
Article 4. Conclusion of the Distance Agreement
4.1 The Distance Agreement is concluded by the timely acceptance by the Consumer of the offer of the User and the fulfilment of the conditions set in that context.
4.2 If the Consumer has accepted the offer by electronic means, the User will acknowledge receipt of the acceptance of the offer by electronic means. So long as receipt of this acceptance has not been acknowledged by the User, the Consumer may terminate the Distance Agreement.
Article 5. Right of withdrawal
5.1 When purchasing products, the Consumer has the option to terminate the Distance Agreement without giving reasons during a period of fourteen (14) calendar days (right of withdrawal). If the Consumer exercises his right of withdrawal, he must notify the User thereof within the period of 14 calendar days by means of the Model Form, or notify the User unambiguously in any other way. This period commences on the day following receipt of the product by the Consumer or a representative in advance designated by the Consumer and made known to the User. During this period, the Consumer shall observe due care in handling the product and the packaging materials. The Consumer may only unpack or use and try on the product (only indoors and in a manner not causing any damage) insofar as necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all delivered accessories and in the original condition and original packaging to the User within fourteen (14) calendar days after the withdrawal, in accordance with the reasonable and clear instructions given by the User.
5.2 If the Consumer exercises his right of withdrawal, the cost of returning the product will be for his account. Return shall be made to the address stated at the top of these general conditions. The product can also be returned during the opening hours of the Shoediction store in Amsterdam.
5.3 If the Consumer has paid an amount to the User, the User will refund this amount as soon as possible, but no later than fourteen ( ) days after the return or withdrawal. The refund will be made using the same means of payment as was used by the Consumer, provided that the User has received the product in good order or has certainty that the product will be received in good order.
Article 6. Delivery
6.1 The delivery takes place at the delivery address specified by the Consumer.The Consumer is obliged to take delivery of the items purchased at the time when they are available to him or handed to him.
6.2 Orders accepted by the User will be carried out expeditiously, but no later than fourteen (14) days after dispatch of the acceptance by the User. If delivery is delayed or if an order cannot be carried out or not be carried out in full, the Consumer will be notified. The Consumer will then have the right to terminate the Distance Agreement.
Article 7. Warranty
7.1 The User warrants that the items to be delivered meet the usual requirements and standards to be set thereon and are free from any defects.
7.2 The warranty of 7.1. also applies if the items to be delivered are intended for use abroad and the Consumer has explicitly reported this use to the User in writing at the time of entering into the agreement.
7.3 The aforementioned warranty does not apply if a defect is due to improper use or misuse by the Consumer, or if the Consumer or third parties have made or attempted to make changes in the item without the written permission of the User, or have used the item for purposes for which it was not intended.
7.4 The provisions of these general conditions regarding the warranty do not affect the Consumer's warranty entitlements under the law, everything with due observance of the provisions of these general conditions and the Distance Agreement, including the nature and the quality of what was sold en delivered to the Consumer.
Article 8. Retention of title
8.1 The User remains the owner of the goods delivered until the moment when the Consumer has fully paid the amount due.
Article 9. Price
9.1 The price of the products stated in the offer is inclusive of VAT.
9.2 If the User agrees a certain price with the Consumer at the time of conclusion of the Distance Agreement, the User is still entitled to increase the price.
9.3 If a price increase takes place within three months after the conclusion of the Distance Agreement, the Consumer may terminate the Distance Agreement by written notice, even if the price was given with a reservation, unless:
- the price increase is the result of statutory regulations or provisions;
- it was stipulated that the delivery would take place more than three months after the purchase.
Article 10. Payment
10.1 Unless agreed otherwise, payment shall be made using the payment options that have been made available.
10.2 If payment is not made in cash or in advance, then it shall be made within 14 days after the invoice date, in the manner specified by the User and in the currency of the invoice.
10.3 Objections to the amount of the invoices do not suspend the payment obligation.
Article 11. Intellectual property rights
11.1 Without prejudice to the other provisions of these general conditions, the User reserves the rights and powers vested in the User under its intellectual property rights.
11.2 The Consumer is not permitted to make changes in the products or the packaging, unless otherwise follows from the nature of what has been delivered or otherwise has been agreed in writing.
Article 12. Force majeure
12.1 The parties are not obliged to fulfil any obligation if they are prevented from doing so by circumstances for which they are not to blame and which can not be attributed to them pursuant to the law, a legal act or prevailing opinion.
12.2 In these general conditions, force majeure means, in addition to what it means in laws and case law, all foreseen and unforeseen external causes over which the User has no control, but as a result of which the User is unable to fulfil its obligations.
12.3 The User also has the right to invoke force majeure if the circumstances preventing (further) performance arise after the User should have fulfilled its obligation.
12.4 The parties may suspend the obligations under the Distance Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party will be entitled to terminate the Distance Agreement, without becoming liable for compensation of damage to the other party.
Article 13. Disputes
13.1 These general general conditions and all legal relationships between the User and the Consumer, are governed exclusively by Dutch law.
13.2 The parties will only apply to the court after they have done their utmost to settle a dispute amicably.
Article 14. Amendment, interpretation and location of these conditions
14.1 These conditions have been filed at the office of the Chamber of Commerce in Amsterdam.
14.2 In the interpretation of the content and purport of these general conditions, the Dutch text always prevails.