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Terms and conditions

General Terms and Conditions

Table of content
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The range
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - The price
Article 9 - Conformity and Guarantee
Article 10 - Liability
Article 11 - Supply and Execution
Article 12 - Extended transactions: duration, cancellation and renewal
Article 13 - Payment
Article 14 - Complaints Claues
Article 15 - Additional of different terms and conditions 
Article 16 - Promotions


Article 1 - Definitions

In these Conditions is understood under:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with an on-line contract and these matters, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Grace period: The period within which the consumer can exercise his right of withdrawal;
  3. Consumer: a natural person not acting by virtue of a profession or business and who enters into a remote contract with the entrepreneur;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Duration agreement: an agreement that provides for the regular delivery of goods, services and/or digital content over a certain period of time;
  7. Return form: the return form for the withdrawal that the entrepreneur supplies for a consumer to fill in when he wishes to exercise his right of withdrawal.
  8. Long-term data carrier: any means that enables the consumer or operator to store information directed to him personally in such a way that facilitates future consultation and unaltered reproduction of the stored information.
  9. Right of withdrawal: the ability of the consumer to withdraw from the distance contract within the waiting period;
  10. Entrepreneur: the natural or legal entity offering products and/or services to consumers on-line;
  11. Distance contract: means an agreement where only one or more means of distance communication is used in the framework of a system organized by the entrepreneur for distance selling of products and/or services, until the conclusion of the agreement;
  12. Technology for distance communication: a means that can be used to conclude a contract, without the consumer and trader being in the same room.

Article 2 -  Identity of the entrepreneur

Name of entrepreneur: VIA VAI Shoes B.V.;

Company address:

Bevrijdingsweg 20

5171 PS Kaatsheuvel, the Netherlands Physical address:

Bevrijdingsweg 20, 5171 PS Kaatsheuvel

Telephone number: +31 416 284228 Business hours: Mon to Friday 8h30 - 17h00 E-mail address: customerservice@viavaishoes.com

CoC number: 64911004 VAT registration number: 8558.98.859.B01

Article 3 - Applicability

  1. These general conditions apply to any Offer from the Entrepreneur and to any remotely established Agreement between the Entrepreneur and Consumer.
  2. Before the distance agreement is concluded, the text of these general conditions will be made available to the Consumer. If this is not reasonably possible, it will be indicated before the remote agreement is concluded that the general conditions can be inspected at the Entrepreneur, and can be sent free of charge as soon as possible upon request from the Consumer.
  3. If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available to the user electronically in such a way that they can be stored by the Consumer a simple way and on a durable medium.

If this is not reasonably possible, it will be indicated before the agreement is concluded where the general conditions can be allocated in electronic form and that they will be sent free of charge upon request from the Consumer, electronically or otherwise.

  1. In the event that specific product or service requirements also apply in addition to these general conditions, the second and third paragraph shall apply and the Consumer may, in case of conflicting terms always rely on the applicable provision that is most favourable to him.
  2. The entrepreneur has the right to change and/or supplement these terms and conditions after the sale. In the event of a material change, the entrepreneur will inform the consumer in writing, at least one month before the change or addition takes effect.  Unless the consumer objects to the terms and conditions within two weeks of date of dispatch of the written notice, in writing, the consumer is considered to have tacitly accepted the change or addition.
  3. If one or more provisions in these general terms and conditions should be void or be destroyed as a whole or in part, at any time, then the agreement and these terms and conditions shall for the rest remain and the provision concerned will be replaced without delay by mutual agreement by a provision that approach the purpose of the original as much as possible.
  4. Situations that are not governed in these terms and conditions, should be assessed 'in the spirit' of these general conditions.
  5. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions, should be explained 'in the spirit' of these general terms and conditions.

Article 4 - The range

  1. If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer is obligation-free. The entrepreneur is entitled to change or adjust the offer.
  3. The offer includes 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. If the entrepreneur uses images, these are a true reflection of the products and/or services offered. The entrepreneur cannot, however, in any way, guarantee that all information provided by the entrepreneur is true and complete. Obvious mistakes or obvious errors in the offer shall be binding on the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Images accompanying products are a true reflection of the products being offered. The entrepreneur cannot guarantee that the colours displayed exactly match the real colours of the products.
  6. Every offer will contain such information that it is clear what the rights and obligations of consumers are, associated with the acceptance of the offer. This concerns in particular:
  • the price including taxes;
  • the possible cost of delivery;

the way in which the contract shall be concluded and the actions this will require; whether or not the right of withdrawal applies; the method of payment, delivery or execution of the contract;

the deadline for acceptance of the offer, or the period in which the entrepreneur guarantees the price;

the value of the rate for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular rate for the means of communication;

whether the contract is filed after conclusion, and if so, how the consumer can consult it;

the way in which the consumer can, before the conclusion of the agreement, inspect

the information provided under the agreement and if required, rectify these;

any other languages, including Dutch, in which the contract may be concluded;

The code of conduct to which the Entrepreneur has submitted and the way the consumer

can consult these Codes of Conduct electronically;

the minimum duration of the distance agreement in case of a Extended Transaction.

Article 5 - The Agreement

  1. The Agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the Consumer of the Offer and complying with the corresponding conditions.
  2. If the Consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the Entrepreneur, the consumer may terminate the Agreement. A non-timely confirmation of the acceptance of the offer, at the latest within five days after accepting the offer, indicates the rejection of the buyer's offer, unless the entrepreneur already informed the buyer within this period that no agreement has been reached.
  3. If the Agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and create a secure web environment. If the consumer can pay electronically, the Entrepreneur shall observe appropriate security measures for this purpose.
  4. The entrepreneur may - within legal limits - inform whether the user is able to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance Agreement. If the Entrepreneur is justified under this investigation not to enter into the agreement, he is lawfully entitled to refuse an order or application or to bind its implementation to special conditions.
  5. The Entrepreneur will send the following information of the product or service to the Consumer, in writing and in such a manner that it can be stored in an accessible manner by the consumer, on a durable medium:
  6. the address of the establishment of the Entrepreneur where the Consumer can address his complaints;
  7. the conditions under which and the manner in which the Consumer can exercise the withdrawal right, or make a clear statement regarding the exclusion of the Right of Withdrawal;
  8. information about guarantees and after sales service;
  9. the data included in article 4 paragraph 3 of these conditions, except if the Entrepreneur has already provided this information to the Consumer prior to the execution of the Agreement;
  10. the requirements for terminating the Agreement if the Agreement has a duration of more than one year or for an indefinite period.
  11. In case of an extended transaction, the stipulation in the previous paragraph applies only to the first delivery.
  12. Each agreement is entered into under the suspensive conditions of sufficient availability of the products.

Article 6 - Right of withdrawal

  1. When purchasing Products, the Consumer has the right to terminate the agreement without giving any reason, within 14 days. This period commences on the date of receipt of the Product or Service by the Consumer or a representative pre-designated by the user and announced to the entrepreneur.
  2. During this time, the Consumer will handle the Product and packaging. He will only unpack or use the product in such a matter as 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 and - if reasonably possible - in its original condition and packaging to the Entrepreneur in conformity with the by the reasonable and clear instructions provided by the entrepreneur.
  3. The consumer is liable for impairments of the ordered item/items as a result of the careless dealing with the ordered item/items and packaging in the period prior to the execution of the right of withdrawal. In such a case, the entrepreneur reserves the right to claim damages on the consumer.
  4. If the consumer wishes to exercise his right of withdrawal he shall make this known to the entrepreneur within14 days after receipt of the product. The consumer informs the entrepreneur using the return form. The customer must return the product within 14 days after the consumer has expressed his need to make use of his right of withdrawal. The consumer shall have to prove that the supplied goods were sent back on time, for example by means of proof of postage.
  5. If, after expiry of the periods referred to in paragraph 1 and 2, the customer failed to express his need to make use of his right of withdrawal or fails to return the product to the entrepreneur, the sale becomes a fact.

Article 7 - Costs in case of withdrawal

If the Consumer has paid an amount, the Entrepreneur will refund this amount as soon as possible but no later than 14 days after the cancellation. The condition is however that the product must already have been received back by the web shop owner or conclusive proof of complete return is required.
The entrepreneur can exclude the right of withdrawal by the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal is valid only if the entrepreneur has clearly mentioned this in the offer, at least in time before the conclusion of the agreement.

  1. Exclusion of the right of withdrawal is only possible for products:
  2. which have been created by the Entrepreneur' based on the specifications of the Consumer;
  3. that are clearly personal in nature;
  4. which can not be returned due to their nature;
  5. which can spoil or age quickly;
  6. which price depends on fluctuations in the financial market over which the trader has no influence;
  7. for individual newspapers and magazines;
  8. for audio and video recordings and computer software for which the consumer has broken the seal.
  9. for hygienic products of which the consumer has broken the seal.

Article 8 - The price

  1. During the period mentioned in the offer, the prices of the offered products and/or services are not increased, except for price changes due to changes in VAT rates
  2. In deviation from the preceding paragraph, the Entrepreneur may offer the Products or Services of which the prices are subject to fluctuations in the financial market and on which the Entrepreneur has no control, at variable prices. These fluctuations and the fact that any indicated prices are target prices, are mentioned with the deal.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and:
  5. they are the result of statutory regulations or provisions;
  6. or the consumer has the power to terminate the contract on the day on which the price increase takes effect.
  7. The prices listed in the offer of products or services include VAT.
  8. All prices are subject to printing and type-setting errors. No liability is accepted for the consequences of printing and typographical errors. When printing or typographical errors occur, the entrepreneur is not required to deliver the product based on the erroneous price.

Article 9 - Conformity and Guarantee

  1. The Entrepreneur guarantees that the products and/or services meet the specifications stated in the Offer, the reasonable requirements of reliability and/or usability and legal provisions and/or Government regulations existing on the date of the conclusion.
    of the agreement If agreed, the Entrepreneur also ensures that the product is suitable for other than normal use.
  2. A guarantee issued by the Entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can have on the Entrepreneur under the Agreement.
  3. Possible defects or incorrectly supplied products should be reported to the Entrepreneur in writing, at the latest within 14 days to 2 weeks after delivery. The products must be returned in the original packaging and still be in a new condition.
  4. The entrepreneur's guarantee period corresponds with the factory guarantee period. However, the entrepreneur shall never be responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice as to its use or application of the products.
  5. The guarantee does not apply if:
  • the consumer has repaired and/or modified the delivered products itself or it was repaired and/or altered by third parties;
  • The delivered products were exposed to unusual circumstances or otherwise treated carelessly or handled contrary to the instructions of the entrepreneur and/or on the packaging;
  1. The inferiority as a whole or in part is the result of directives that the Government has imposed or will impose regarding the nature or the quality of the materials used.

Article 10 - Liability

  1. The liability provision of this article applies only vis-à-vis the buyer acting in the course of a profession or business.
  2. The total liability of the entrepreneur because of culpable non-fulfilment of the Agreement is then limited to at most the amount of the Agreement price (excluding VAT). However, under no circumstance will the total compensation for damage exceed 500 Euro.
  3. However, the maximum amount referred to in paragraph 2 shall lapse if and insofar as the damage is the result of intent or gross negligence.
  4. Any right to compensation is excluded if the buyer failed to report the damage to the entrepreneur as soon as possible (within 30 days) after the occurrence of the damage.

Article 11 - Supply and Execution

  1. The Entrepreneur will take the greatest possible care when receiving and implementing orders for Products and in the assessment of applications for the provision of services.
  2. The place of delivery is the address the Consumer provided to the company.
  3. Subject to what is known about this in article 4 of these Terms and Conditions, the Company will carry out accepted orders within 30 days unless a longer delivery term has been agreed on with the Consumer. If the delivery is delayed, or if an order is not or only partially carried out, the Consumer will be informed at least 30 days after the order was placed. The Consumer in this case has the right to terminate the Agreement without penalty.
  4. In case of dissolution in accordance with the previous paragraph, the Entrepreneur will refund the amount the User paid as soon as possible, but no later than 14 days after dissolution.
  5. If delivery of an ordered product proves to be impossible, the Entrepreneur will attempt to make a replacement article available. A notification will be made in a clear and comprehensible manner that a replacement article is delivered at the latest at the time of delivery. The right of withdrawal cannot be ruled out with substitute items. The costs of any return shipment shall be borne by the Entrepreneur.
  6. The risk of damage and/or loss of products rests with the Entrepreneur up to the moment of delivery to the Consumer or a pre-designated representative known to the Entrepreneur, unless expressly agreed otherwise.

Article 12 - Extended transactions: duration, cancellation and renewal

Cancellation:

  1. The consumer may at any time terminate the agreement for an indefinite period, which extends to the regular delivery of products (including electricity) or services, considering the applicable termination rules and a notice of up to one month.
  2. The consumer may at any time terminate the agreement for a fixed period, which extends to the regular delivery of products (including electricity) or services, at the end of the fixed period considering the applicable termination rules and a notice of up to one month.
  3. Concerning the agreements mentioned in the previous paragraphs, the consumer can:
  • cancel them at any time and not be limited to cancellation at a specific time or in a given period;
  • cancel at least in the same way as at was entered into by him;
  • always cancel with the same notice period as the entrepreneur has negotiated for itself.

Extension

  1. A contract entered for a definite period, which extends to the regular delivery of products (including electricity) or services, should not be extended or renewed tacitly for a fixed duration.
  2. By way of derogation from the previous paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines may be extended tacitly for a fixed period of up to three months, if the consumer may cancel this extended agreement by the end of the extension with up to one month's notice.
  3. A contract entered for a definite period, which extends to the regular delivery of products or services, shall only be extended tacitly for an indefinite period if the consumer may cancel at any time with a notice period of one month and a notice of up to three months in case the agreement extends to the regular delivery, but less than once a month, of daily papers, newspapers, and weekly papers and magazines.
  4. An agreement with limited duration on the arranged introductory delivery of daily papers, newspapers and weekly papers and magazines (trial or introductory subscription) is not continued tacitly and ends automatically at the end of the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after a year with a notice of up to a month, unless reasonableness and fairness itself opposes cancellation before the end of the agreed duration.

Article 13 - Payment

  1. Unless otherwise provided in the agreement or additional terms, amounts owed by the consumer need to be paid within 14 days after the beginning of the cooling-off period, or in the absence of a cooling-off period within 14 days after the close of the agreement. In the case of a contract on the provision of a service, this term commences the day after the Consumer has received the confirmation of the agreement.
  2. The Consumer has the duty to report inaccuracies in provided or stated payment data to the Entrepreneur without delay.
  3. In case of non-payment by the consumer, the Entrepreneur has the right to charge the consumer with all reasonable costs, subject to statutory limitations.

Article 14 - Complaints Clause

  1. The entrepreneur has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the Agreement should be submitted to the Entrepreneur, fully and clearly described, within 14 days once the Consumer has discovered the flaws.
  3. Complaints submitted with the Entrepreneur will be dealt with within a period of 14 days from the date of receipt. If a complaint requires an anticipated longer processing time, the Entrepreneur replies within a period of 14 days with a message of receipt and indicating when the Consumer can expect a more detailed answer.
  4. If the complaint cannot be solved in joint consultation, a dispute arises that qualifies for the Dispute Commission.
  5. A complaint shall not suspend the obligations of the entrepreneur, unless the entrepreneur indicated differently in writing.
  6. If a complaint is found to be well founded by the entrepreneur, the entrepreneur will replace or repair the delivered products, at its discretion, free of charge.
    Only Dutch law applies to agreements between the Entrepreneur and the Consumer to which these general conditions relate to. Also if the consumer is a resident abroad.
  7. The Vienna Sales Convention shall not apply;
  8. All disputes between the entrepreneur and the consumer, in respect of which jurisdiction is allowed, will in the first instance only be submitted to the Court in Amsterdam.

Article 15 - Additional or different terms and conditions

Additional or different terms may not be at the disadvantages of the consumer and should be recorded in writing or in such a way that the consumer can store it in an accessible manner on a durable medium.

Article 16 - Promotions

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