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, cancellation 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.
Cooling-off 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, the delivery and/or purchase obligation of which 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 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 cooling-off period;
7.
Model form: the model form for withdrawal that the entrepreneur makes available, which a consumer can fill in when he wishes 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 the sale at a distance of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the contract;
10.
Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same room.
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 as soon as possible free of charge 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 can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple 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 viewed 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 shall otherwise remain in force and the relevant provision shall be replaced immediately by a provision that approximates the intent of the original as closely as possible in mutual consultation.
6.
Situations not covered by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.
7.
Uncertainties about the explanation or content of one or more provisions of our terms shall 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 good 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 connected to the acceptance of the offer. This particularly concerns:
7.
- the price including taxes;
- the possible shipping costs;
- the manner in which the agreement will be concluded and which actions are necessary for this;
- 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 amount of 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;
- the possible 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 compliance with the conditions set therein.
2.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer without delay electronically. As long as the agreement of this acceptance has not been 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 will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
4.
The entrepreneur may, within legal frameworks, inform himself 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 not to enter into the agreement based on this investigation, he is entitled to refuse a order or request with justification or to attach special conditions to the execution.
5.
The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
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 notification 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 information to the consumer before the execution of the agreement;
- the requirements for cancellation 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 entered into under the suspensive conditions 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 cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer in advance and known to the entrepreneur.
2.
During the cooling-off period, the consumer will handle the product and packaging carefully. 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 by 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 after the expiry of the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal 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 concluded.
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 with the 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 conclusive proof of complete return can be provided. Refunds will be made via 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, this must be done before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

1.
The entrepreneur may 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 specifications of the consumer;
- that are clearly of a personal 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 over which the entrepreneur has no influence;
- for loose 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 business or leisure activities to be performed on a specific date or during a specific period;
- of which the delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
- related to bets and lotteries.

Article 9 - The price

1.
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to 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 indicative prices will be stated in the offer.
3.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4.
Price increases after 3 months from the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
5.
- they are the result of 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 according to the incorrect price.

Article 10 - Conformity and warranty

1.
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations existing 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 of discovery.
5.
The warranty does not apply if:
6.
- the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or in violation of the entrepreneur's instructions and/or have been treated on the packaging;
- the defect 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 greatest possible 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.
Subject to 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 informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer has no right to contractual compensation.
4.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned times. Exceeding a deadline 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 to be impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. 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, cancellation, and extension

Cancellation

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

Extension

1.
An agreement that has been entered into for a fixed period and that aims to deliver products (including electricity) or services regularly may not be tacitly extended or renewed for a fixed duration.
2.
In deviation from the previous paragraph, an agreement that has been entered into for a fixed period and that aims to deliver daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed duration of up to three months, provided that the consumer can cancel this extended agreement against the end of the extension with a cancellation period of no more than one month.
3.
An agreement that has been entered into for a fixed period and that aims to deliver products or services regularly may only be tacitly extended for an indefinite duration if the consumer may cancel at any time with a cancellation period of no more than one month and a cancellation period of no more than three months in the event that the agreement aims to deliver regularly, but less than once a month, 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 cancel the agreement at any time after one year with a cancellation period of no more than one month, unless reasonableness and fairness oppose cancellation 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 cooling-off 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 obligation to report inaccuracies in provided or mentioned payment details to the entrepreneur without delay.
3.
In case of default by the consumer, the entrepreneur has the right to charge the reasonable costs previously communicated to the consumer, subject to legal limitations.

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 foreseeable 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 must 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 must 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 no solution can be 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, which 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.