Article 1 - Definitions
In these terms and conditions the following terms shall have the following meaning:
1. Company: the private limited company SHOEBALOO b.v., and its branches;
2. Consumer: the natural person who does not act in the course of a profession or a business and concludes a non-face-to-face agreement with the company;
3. Non-face-to-face agreement: an agreement in which one or more technologies are exclusively used for remote communication up to and including the concluding of the agreement in the context of a system organized by the company for the remote sale of products;
4. Remote communication technology: a tool that can be used to conclude an agreement without consumer and company meeting one another in the same room;
5. Website: the website of Shoebaloo accessible via www.shoebaloo.nl;
6. Reflection period: the period of time in which the consumer can use his right of withdrawal;
7. Right of withdrawal: the possibility for the consumer to remotely terminate the agreement during the reflection period, without stating reasons;
8. Day: calendar day;
9. Sustainable data carrier: every means that enables the consumer or company to save information that is addressed to it personally in a manner that makes possible future consultation and unaltered reproduction of the saved information.
Article 2 - Identity of the company
E-mail address: firstname.lastname@example.org
VAT – identification number: 806 373 854 B01
Shop addresses and opening hours:
1. SHOEBALOO Koningsplein - Koningsplein 5, Amsterdam: 020-626 79 93
Mon - Tue - Wed 12:00-18:00 / Fri - Sat 10:00-19:00 / Thursday evening opening until 21:00 / Sun 12:00-18:00
2. SHOEBALOO Koningsplein - Koningsplein 7, Amsterdam: 020-626 79 93
Mon - Tue - Wed 12:00-18:00 / Fri - Sat 10:00-19:00 / Thursday evening opening until 21:00 / Sun 12:00-18:00
3. SHOEBALOO PC Hooftstraat - PC Hooftstraat 80, Amsterdam: 020-671 22 10
Mon 12:00-18:00 / Tue - Sat 10:00-18:00 / Thursday evening opening until 21:00 / Sun 12:00-18:00
4. SHOEBALOO Kruiskade - Kruiskade 57c, Rotterdam: 010-280 73 37
Mon 12:00-18:00 / Tue - zo 10:00-18:00 / Friday evening opening until 21:00 / Sun 12:00-18:00
5. SHOEBALOO Stokstraat - Stokstraat 25a, Maastricht: 043-8700040
Mon 13:00-18.00 / Tue-Sat 10:00-18:00 / Thursday evening opening until 21:00 / Sun 12:00 -17:00
Article 3 – Language and applicability
1. These general terms and conditions apply to every offer of the company and every non-face-to-face agreement that was concluded between company and consumer. The company designed its website in such a manner that the placing of an order and the payment of ordered products cannot take place until the consumer has been able to take cognizance of these general terms and conditions and has agreed to the applicability thereof.
2. These general terms and conditions have been drawn up in Dutch and have been translated into English by a sworn translator. In case there are differences between the Dutch and the English text, the Dutch text prevails.
Article 4 – The offer
1. All products that the company offers for sale through its website are offered subject to the condition that the products are in stock with the company.
2. All products that are offered for sale by the company through its website are offered subject to the condition that delivery shall take place within the European Union.
3. The company strives to remove from its website any products that are no longer in stock with due speed, however, it cannot guarantee that offered products are also actually in stock.
4. In case an offer has a limited period of validity or occurs subject to conditions, this will expressly be stated in the offer.
5. All products are provided with a description and one or several pictures in which the description and the pictures together provide a sufficiently detailed and truthful image of the products, enabling the consumer to properly assess the offer.
6. Apparent mistakes or errors in the offer do not bind the company.
7. The company mainly uses English on the website. The agreement can be concluded in Dutch and English.
8. The stated prices always include (all) tax(es).
Article 5 – The formation of the agreement
1. The agreement is formed the moment the consumer accepts the offer and complies with the conditions that apply in that respect.
2. In case the consumer has accepted the offer electronically, the company immediately confirms receipt of the acceptance of the offer by means of an electronic message. As long as the receipt of this acceptance has not been confirmed, the consumer can terminate the contract.
3. In case the agreement is realized electronically, the company takes the fitting technical and organisational measures for the security of the electronic transfer of data and takes care of a safe web area. In case the consumer is able to make electronic payments, the company will observe the applicable safety measures.
Article 6 - Payment
1. Insofar as not agreed upon otherwise, the amounts owed by the consumer shall in any case be paid within 14 days after delivery of the product.
2. The consumer has the obligation to immediately report any inaccuracies in provided or stated payment details to the company.
3. In case of non-payment by the consumer, the company has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer.
4. The receipt of the payment is confirmed to the consumer electronically.
5. Payment can take place via the payment possibilities provided on the website, being iDeal, VISA, MasterCard, American Express, Afterpay.
Article 7 – Delivery and performance
1. The company will observe the utmost care upon receiving and carrying out the orders of products.
2. The dispatch of products will occur through Post.nl.
3. SHOEBALOO charges for shipping costs, but it may decide to reduce or exclude such costs. For delivery within the European Union, the shipping costs depend on the selected country. The shipping costs for delivery in the Netherlands are €6,95.
4. As soon as the products are sent, the consumer is informed thereof by e-mail. In this e-mail the consumer is provided with a so-called ‘track and trace code’.
5. The place of delivery shall be the address (within the European Union) that the consumer made known to the company.
6. The company strives to send the products within 1 to 3 working days after acceptance of the order, but guarantees that the order will be shipped within 30 days at the latest, unless a longer delivery period was agreed upon. In case delivery is delayed or in case an order cannot be carried out, or only partially, the consumer receives a notification thereof one month after the placing of the order at the latest. In that case the consumer has the right to terminate the agreement without costs.
7. In case of termination in conformity with the following paragraph, the company shall pay back the amount paid by the consumer as soon as possible, aiming at 1 to 3 working days, however, within 14 days after termination at the latest.
8. The risk of damage and/or loss of products lies with the company until the moment of delivery to the consumer, unless expressly agreed upon otherwise.
Article 8 – Right of withdrawal
1. During 14 calendar days, the consumer has the possibility to terminate the agreement without stating reasons. This period starts as of the day of receipt of the product by the consumer or by a third party so designated by the consumer, which third party is not the shipping company. This right of withdrawal may be evoked by means of using and sending the Model Return Form or by making it unequivocally known to SHOEBALOO in another manner, e.g. by sending an e-mail to email@example.com with the notification of the return or exchange, including name, address, date of receipt and purchase order number. If the delivery of the products of one order is not in a single shipment, then the 14 day period starts as of the day of receipt of the last product by the consumer or by a third party so designated by the consumer, which third party is not the shipping company.
2. In case the consumer uses his right of withdrawal, he shall return the product to the company with all delivered accessories and – if reasonably possible – in the original state and packaging, as soon as possible, however, in any case within 14 days after the termination and in conformity with the reasonable and clear instructions provided by the company.
3. During the period that the consumer has the product in his possession, he shall handle the product and the packaging with care.
4. The consumer will only unpack and use the product to such a degree insofar that is necessary to assess whether he desires to keep the product. In case the purchased product concerns shoes, the consumer is obliged to fit these on a soft subsoil so that the soles will not show any signs of use. If the product is provided with a ‘tag’, a card stating the announcement: “Returns will only be accepted if this tag remains attached to your purchase”, or words of a similar meaning, this tag may not be removed.
Article 9 - Return
1. In case the consumer uses his right of withdrawal, SHOEBALOO may (only) charge the direct costs for returning an order in relation to the pre-paid return possibility. Within the Netherlands these direct costs are €6,95 and within other EU countries these are the costs that local mail services may charge. Such direct costs will be deducted from the refund. SHOEBALOO will refund all amounts paid to SHOEBALOO within 14 days after receipt of said email, provided the item(s) have been received by us. The refund will be issued through the same means of payment used during the purchase.
2. The consumer undertakes to observe the instructions with regard to the returns that are to be reasonably provided by the company.
3. Upon exercise of the right of withdrawal, SHOEBALOO will repay the purchase price, minus the direct costs of pre-paid return, as soon as possible, thereby aiming at 1 to 3 working days, however, in any case within 14 days after the exercise of the right of withdrawal provided that I) the goods have been received by SHOEBALOO or II) the consumer provides evidence that the goods have been sent to SHOEBALOO.
4. Items bought online cannot be refunded or exchanged in any of our stores.
5. Returned items should be in perfect condition with the SHOEBALOO tags attached. The customer is liable for any decrease in value of a returned item, which decrease has occurred for reasons other than to determine whether the item fits.
6. The return item is the customer’s financial responsibility until it has been received by SHOEBALOO. The customer may use the pre-printed return labels as provided by SHOEBALOO. It is the responsibility of the customer that the return-receipt is kept safe until the return is processed by SHOEBALOO.
Article 10 – The price
1. In case an offer has a limited term of validity, the prices of the offered products are not changed, except for price changes as a consequence of changes to VAT rates.
2. In case no validity period is stated, the company can change the prices of the offered products at all times.
3. In case a price increase is implemented on the day on which an order is placed, the lower price applies. In case a price reduction is implemented on the day on which an order is placed, the lower price applies as well.
Article 11 – Conformity and Guarantee
1. The company guarantees that the products shall comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the legal provisions and/or government regulations existing on the date of the realization of the agreement.
2. The consumer can no longer invoke the guarantee of paragraph 1 after the expiry of the right of the withdrawal period.
3. During two months after the date of delivery, the company also offers a guarantee on manufacturing faults.
4. A settlement offered by the company, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can apply by the law and/or the non-face-to-face agreement concerning a shortcoming in the observance of the obligations of the company vis-à-vis the consumer.
Article 12 – Complaints procedure
1. Complaints about the performance of the agreement shall be submitted to the company with a complete and clear description, preferably in writing or by e-mail (firstname.lastname@example.org) within a reasonable time after the consumer stated the complaint(s).
2. Complaints submitted to the company will be answered within a term of 14 days as from the date of delivery. If a complaint requires a foreseeable longer processing time, the company will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more elaborate answer.
Article 13 – Applicable law and choice of forum
1. All disputes arising from or related to an offer or agreement to which these general terms and conditions apply, are subject to Dutch law.
2. All disputes will be submitted to the competent court in Amsterdam which has absolute jurisdiction, to the exclusion of all other Courts.