Terms and conditions
Article 1 – Definitions
The following definitions apply in these terms and conditions:
- Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Digital content: data that is produced and delivered in digital form;
- Return form: the return form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
- Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
- Distance agreement: an agreement whereby, in the context of a system for distance selling of products and / or services organized by the entrepreneur, until the conclusion of the agreement use is made exclusively of one or more techniques for communication on distance;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.
Article 2 - Identity of the entrepreneur
Name of entrepreneur: VIA VAI SHOES B.V .;
5145 RC Waalwijk, the Netherlands
Tielenstraat 13, 5145 RC Waalwijk
Telephone number: +31 416 284228
Access: Mon to Fri 8.30 am - 5 pm
Email address: firstname.lastname@example.org
Chamber of Commerce number: 64911004
VAT identification number: 8558.98.859.B01
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance agreement is concluded, the text of these general terms and conditions is transferred to the consumer.
- If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer electronically. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision which, for him, most beneficial.
- If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or become void, the rest of the agreement and these general terms and conditions will remain in force and the provision in question will be replaced promptly by mutual agreement. that the scope of the original approached as much as possible.
- Situations that are not regulated in these terms and conditions must be assessed "in the spirit" of these terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained "in the spirit" of these terms and conditions.
Article 4 - The offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer. In principle, the offer also applies as long as stocks last.
- The offer is binding. The entrepreneur is nevertheless entitled to change the offer and adjust it as long as this has not yet been accepted by the consumer.
- The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.
- All information provided is subject to printing and typing errors.
- Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications, data in the offer are illustrative and cannot give rise to compensation or termination of the agreement.
- Images of products are a representation of the products offered that are as truthful as possible. However, the entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
Article 5 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. From that moment the agreement was concluded.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within the law - inform himself if the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
- The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing service after purchase;
- the information included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the execution of the agreement;
- the requirements for cancelling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- Each agreement is entered into under the suspensive conditions of availability of the products concerned.
Article 6 - Right of withdrawal
- When purchasing products, the consumer has the option of dissolving the contract within 14 days without giving any reason.
This reflection period starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer prior to the ordering process, refuse an order for several products with a different delivery time.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
- The entrepreneur systematically adds a return form on delivery of the products.
- During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The consumer is liable for value reductions of the ordered item / items that are the result of careless handling of the ordered item / items and the packaging in the period prior to the exercise of the right of withdrawal. The entrepreneur reserves the right to recover the damage from the consumer in such a case.
- If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known via the return form. After the consumer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of proof of shipment.
- If, after the expiry of the periods referred to in paragraphs 1 and 2, the customer has not indicated that he wishes to make use of his right of withdrawal, the product has not been returned to the entrepreneur, the purchase is a fact.
Article 7 - Reimbursement in the event of withdrawal
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.
Article 8 - Exclusion of the right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
Article 9 - The price
- During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the range of products or services include VAT.
Article 10 - Conformity and warranty
- The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement provisions and / or government regulations.
On all your purchases you will receive legal guarantee. This legal guarantee offers not a fixed period, this differs per product. This means that a product must meet the requirements a consumer with all reason can expect from the product. Is this not the case you can contact our Customer Service team.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur in this regard.
- The warranty does not apply if:
- The consumer has repaired and / or modified the delivered products himself or had them repaired and / or modified by third parties;
- The delivered products have been exposed to abnormal circumstances or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
- The defectiveness is wholly or partly the result of regulations that the government has or will set with regard to the nature or quality of the materials used.
Article 11 – Liability
- The liability provision of this article only applies to the buyer who acts in the exercise of a profession or business.
- The entrepreneur's total liability for non-compliance with the agreement is then limited to compensation for the damage up to a maximum of the amount stipulated for that agreement (excluding VAT). In no case, however, will the total compensation for damages exceed 500 euros.
- The maximum amount referred to in paragraph 2 will lapse if and insofar as the damage is the result of our intent or gross negligence.
- Any right to compensation is excluded if the buyer has not reported the damage to the entrepreneur as soon as possible (within 30 days at the latest) after the damage occurred.
Article 12 - Delivery and Execution
- The trader will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Taking into account what is stated in this regard in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, though at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
- In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after termination.
- If delivery of an ordered product appears to be impossible, the entrepreneur will endeavour to make a replacement item available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal cannot be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 13 – Payment
- Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
- The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.
- If the consumer does not meet his payment obligation (s) in time, this is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after payment has not been made within this 14-day period, the statutory interest is due on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The entrepreneur can, for the benefit of the consumer, deviate from the stated amounts and percentages.
Article 14 – Complaints
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 14 days, after the consumer has found the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.
Article 15 – Disputes
- Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
- The Vienna Sales Convention does not apply.
- All disputes between entrepreneur and consumer, for which forum choice is permitted, will in the first instance only be submitted to the Oost-Brabant court, location 's-Hertogenbosch, unless the entrepreneur chooses to institute proceedings at the competent court on the grounds of the consumer's place of residence. It is also possible for the consumer to report complaints via the European ODR platform (http://ec.europa.eu/odr).
Article 16 - Additional or different provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by the consumer.