GENERAL TERMS AND CONDITIONS

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms, the following definitions apply:

1.
Reflection period: the period within which the consumer can exercise his right of withdrawal;
2.
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3.
Day: calendar day;
4.
Duration transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
5.
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows for future consultation and unchanged reproduction of the stored information.
6.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7.
Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill out when he wants to exercise his right of withdrawal.
8.
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
9.
Distance contract: a contract whereby, as part of a system organized by the entrepreneur for distance selling of products and/or services, the agreement is concluded exclusively using one or more techniques for distance communication;
10.
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being simultaneously in the same space.
11.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

SchoenenvanStaal
Straatweg 250
3621BZ Breukelen

Phone number: 06 34865580
Email address: info@schoenenvanstaal.nl
Chamber of Commerce number: 59551100
VAT identification number: <empty>

Article 3 - Applicability

1.
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between the entrepreneur and the consumer.
2.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.
3.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
4.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
5.
If one or more provisions in these general terms and conditions are wholly or partially void or are annulled at any time, the agreement and these terms will remain in effect for the remainder, and the relevant provision will be replaced as soon as possible by a provision that approximates the intent of the original as closely as possible.
6.
Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7.
Uncertainties regarding the interpretation or content of one or more provisions of our terms should be explained 'in the spirit' of these general terms and conditions.

Article 4 - The offer

1.
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
7.
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions are necessary for that;
- the applicability of the right of withdrawal;
- the method of payment, delivery, and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the used communication means;
- whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
- the way in which the consumer can check and if desired correct the data provided by him in the context of the agreement before concluding the agreement;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has subjected himself and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the case of a duration transaction.

Article 5 - The agreement

1.
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set for that.
2.
If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer without delay electronically. As long as the agreement is not confirmed by the entrepreneur, the consumer can dissolve the agreement.
3.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that.
4.
The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.
5.
The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, with the product or service:
6.
- the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
- the information about warranties and existing service after purchase;
- the data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
7.
Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

In case of delivery of products:

1.
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.
2.
During the reflection period, the consumer will handle the product and the 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 delivered accessories 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.
3.
When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The notification must be made by means of the model form or through another means of communication such as email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
4.
If the customer has not indicated that he wishes to exercise his right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

In case of delivery of services:

1.
In case of delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting from the day the agreement is entered into.
2.
To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at the time of delivery.

Article 7 - Costs in case of withdrawal

1.
The consumer bears the direct costs of returning the product.
2.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is on the condition that the product has already been received back by the webshop or that conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly consents to a different payment method.
3.
In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
4.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the purchase agreement is concluded.

Article 8 - Exclusion of the right of withdrawal

1.
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 a timely manner before the conclusion of the agreement.
2.
Exclusion of the right of withdrawal is only possible for products:
3.
- that have been created by the entrepreneur according to the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil quickly or age;
- whose price is linked to fluctuations in the financial market to which the entrepreneur has no influence;
- for single newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal;
- for hygienic products of which the consumer has broken the seal.
3.
Exclusion of the right of withdrawal is only possible for services:
4.
- related to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
- whose delivery has started with the express consent of the consumer before the reflection period has expired;
- related to bets and lotteries.

Article 9 - The price

1.
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are guide prices will be stated in the offer.
3.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
4.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
5.
- these result from legal regulations or provisions; or
- the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
5.
The prices mentioned in the offer of products or services are including VAT.
6.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

1.
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
3.
The legal warranty applies to all products. The duration of the legal warranty may vary based on the nature of the product.
4.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months after discovery.
5.
The warranty does not apply if:
6.
- the consumer has repaired and/or altered the delivered products himself or has had them repaired and/or altered by third parties;
- the delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or are treated on the packaging;
- the unsoundness is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

1.
The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2.
The place of delivery is the address that the consumer has made known to the company.
3.
Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer has no right to contractual compensation.
4.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not give the consumer the right to contractual compensation.
5.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a substitute item. No later than at the time of delivery, it will be clearly and understandably communicated that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment are borne by the entrepreneur.
7.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative of the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination, and extension

Termination

1.
The consumer can terminate an agreement that has been entered into for an indefinite period and that aims at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
2.
The consumer can terminate an agreement that has been entered into for a fixed period and that aims at the regular delivery of products (including electricity) or services at any time at the end of the fixed duration, observing the agreed termination rules and a notice period of no more than one month.
3.
The consumer can terminate the agreements mentioned in the previous paragraphs:
4.
- at any time and not be limited to termination at a specific time or within a specific period;
- at least terminate in the same manner as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

1.
An agreement that has been entered into for a fixed period and that aims at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.
2.
In deviation from the previous paragraph, an agreement that has been entered into for a fixed period and that aims at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3.
An agreement that has been entered into for a fixed period and that aims at the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case that the agreement aims at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

1.
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

1.
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
2.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3.
In case of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.

Article 14 - Complaints procedure

1.
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2.
Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 2 months after the consumer has discovered the defects.
3.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5.
In case of complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by WebwinkelKeur, the ruling of which is binding, and both the entrepreneur and consumer agree to this binding ruling. There are costs associated with submitting a dispute to this disputes committee that must be paid by the consumer to the relevant committee.
6.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
7.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1.
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer resides abroad.
2.
The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating 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 by the consumer in an accessible manner on a durable data carrier.