Terms of service

ALGEMENE VOORWAARDEN DTCH shoes

1. Identity

(Company) name: DTCH shoes, hereinafter referred to as “DTCH shoes”

Address: Almy Street 14

Zip code: 5061 PE

Location: Oisterwijk

Phone number: +31 6 53 49 30 08

Mail address: info@dtchshoes.com

KvK-number: 74535706

Btw-number: NL001982945B16

2. Applicability

These general conditions apply to - and form an inseparable part of - every offer, quotation and agreement relating to services or products of any nature whatsoever to be provided by DTCH shoes, unless expressly agreed otherwise in writing.
In these general terms and conditions, “the customer” means any party that has requested or instructed DTCH shoes to provide services as well as any party that orders and/or purchases goods from or through DTCH shoes.
In these general terms and conditions, “consumer” refers exclusively to the customer who is a natural person and not acting in the exercise of a business or profession.
If DTCH shoes does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that DTCH shoes would to any extent lose the right to require strict compliance with the provisions of these conditions in other cases.

3. Conclusion and amendment of agreement

All offers and quotations made by DTCH shoes, in any form whatsoever, are without obligation unless a period for acceptance is included in the offer. An agreement is only formed by written (order) confirmation from DTCH shoes or by actual performance by DTCH shoes.
Contrary to the previous article paragraph, in case of a distance purchase by a consumer, the agreement is concluded if the consumer has accepted an offer of DTCH shoes electronically. DTCH shoes will immediately confirm receipt of the acceptance of the offer electronically.
DTCH shoes may perform checks before an order is accepted and/or executed. These checks may include, for example, checking the customer's address or checking for fraud. DTCH shoes also performs partially automated checks on all purchases to filter out unusual or suspicious transactions, or transactions that may be susceptible to fraud.
For a distance purchase, DTCH shoes can - within legal frameworks - inform itself whether the customer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, DTCH shoes has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution, while giving reasons.
Obvious mistakes or errors in the offers of DTCH shoes are not binding to DTCH shoes.
All indications in offers, quotations or agreements and the attachments thereto, such as images, drawings, measurements, weights, yields and colors, as well as the properties of any trial copies provided, are for indicative purposes only. Small deviations are therefore not for the account and risk of DTCH shoes.
All offers are addressed to persons of 18 years and older and persons younger than 18 years of age but of whom it is customary in society to purchase the products offered by DTCH shoes. All offers of DTCH shoes are directed to end users. Customers may not purchase products or services for resale.
Execution of the agreement will take place based on availability. DTCH shoes reserves the right not to accept or cancel orders, without having to pay (compensation) in the following cases:
1. the product is not available / in stock; or
2. the (invoice) data of the customer are incorrect or not verifiable; or
3. the security system indicates that the order is an unusual order or is a fraudulent order; or
4. the offer is not addressed to the customer (as defined in Article 3.7, for example) and there is no evidence of consent from authorized persons; or
5. the customer is a reseller; or
6. an incorrect price was quoted; or
7. delivery to the address provided by the customer was not possible; or
8. due to an event beyond our control (Force Majeure).

4. Right of withdrawal in remote sales
The consumer's right

With a distance purchase, the consumer has the option of dissolving the contract without giving reasons (the “right of withdrawal”) for 14 days (the “cooling-off period”).
In the case of delivery of goods, the cooling-off period commences
1. on the day after the consumer (or a third party designated by him) has received the item or items, or in case of an order for multiple items, the last item has been received;
2. if there is a regular delivery of products during a certain period, the cooling-off period begins on the day on which the consumer, or a third party designated by him, has received the first product.

Handling of products

During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product and to assess its characteristics. The consumer may thus:
1. briefly put on and try on indoors;
2. not wear them outdoors or use them in any other way so that it remains visible that the shoes have already been worn/used;
3. not to use them beyond what is necessary to assess their characteristics.

The consumer is liable for damage caused by use contrary to this article.

Use of the right of withdrawal

If the consumer exercises his right of withdrawal, he shall return the product with all delivered accessories - unless not reasonably possible - in the original condition and packaging to DTCH shoes, in accordance with the reasonable and clear instructions provided by DTCH shoes.
If the consumer wishes to exercise his right of withdrawal, he must ensure that an unambiguous written notification of the withdrawal has been received by DTCH shoes within the cooling-off period. If the consumer allows the return shipment to take place in the manner indicated by DTCH shoes free of charge, the costs of return shipment will not be borne by the consumer. The consumer is required to promptly arrange for return shipment of the product complete, undamaged and unused and in the original condition and packaging, taking into account reasonable instructions from DTCH shoes, so that the consumer has returned the item to DTCH shoes no later than 14 days after the date of dissolution.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
If the consumer exercises his right of withdrawal, the costs of return shipment shall be borne by DTCH shoes, if the consumer uses the free return procedure as offered by DTCH shoes. If the consumer has return shipments carried out any other way, those costs will remain at his expense.
If the consumer uses his right of withdrawal, all additional agreements will be dissolved by operation of law.

Obligations of DTCH shoes

If DTCH shoes enables the consumer's notification of revocation by electronic means, it will send a confirmation of receipt without delay after receipt of this notification by the consumer.
The cost of the good and/or service and the cost of the cheapest standard delivery of the consignment to the consumer will be reimbursed to the consumer after revocation and receipt of the return shipment (or after the consumer has demonstrated that he has returned the product). Additional costs for a chosen more expensive method of delivery will not be reimbursed.
DTCH shoes will use the same means of payment used by the consumer for the refund, unless the consumer agrees to another method. There are no costs associated with reimbursement for the consumer.

5. Execution of the agreement
Cooperation and responsibilities of the customer\

The customer will always timely provide DTCH shoes with all cooperation, data and information necessary or useful for the execution of the agreement. The customer is responsible for the quality, accuracy and completeness of the data and information provided by it.
If the data that DTCH shoes should have at its disposal for the proper performance of the agreement is not or not timely provided to DTCH shoes by the customer, or if the customer otherwise fails to comply with its obligations as set forth in this article, DTCH shoes will be entitled, without prejudice to its other rights, to suspend the performance of the agreement and to charge the costs arising from the situation thus created to the customer at the usual rates.

Delivery (terms).

Delivery can only take place at locations as specified by DTCH shoes. The place of delivery is the address specified by the customer.
Unless explicitly agreed otherwise, the goods ordered by the customer will be delivered by DTCH shoes to the address specified by the customer, or to surrounding homes or businesses. The goods are at the customer's risk from the time of delivery by DTCH shoes. DTCH shoes reserves the right to refuse deliveries to PO Box addresses.
DTCH shoes will strive to deliver the ordered products within the time period communicated by her. However, this is not a deadline. If delivery is delayed, or if an order is not or only partially carried out, the customer will be notified no later than 7 days after the order was placed. In that case, the customer has the right to dissolve the agreement free of charge, without the parties being liable for compensation.
If multiple products have been ordered by the customer, DTCH shoes may deliver in different parts, but the customer may not demand this.
If upon delivery there is a visible defect, the customer is obliged to refuse and not accept the product.

Execution of agreement

DTCH shoes has the right to have certain activities performed by third parties.
If (1) the customer refuses to take delivery at the agreed time, (2) the customer fails to provide information or instructions necessary for the delivery, or (3) no time for delivery has been agreed and within no more than 14 days after notification that the products can be picked up the customer has not picked up the products, DTCH shoes is entitled to dissolve the agreement, without being liable for compensation or damages.

6. Prices (and honorarium)

All prices are in Euros and include sales tax and other government levies.
Any additional costs for deliveries outside the Netherlands, whether or not payable by the government, shall be borne entirely by the customer. The customer shall ensure payment of those costs.
If DTCH shoes is required to change its rates under any statutory provision or other governmental measure, DTCH shoes may implement those changes and the customer will not be entitled to terminate/terminate the agreement.

7. Payment

Payment should be made in (one of) the manner(s) offered by DTCH shoes.
DTCH shoes is always entitled to invoice for partial deliveries.
Payment is made by deposit or transfer to a bank or giro account designated by DTCH shoes. DTCH shoes is always entitled to require payment in advance both before and after the conclusion of the agreement, subject to suspension of the performance of the agreement by DTCH shoes until payment in advance has been received by DTCH shoes.
The customer is liable to DTCH shoes for the collection costs incurred by DTCH shoes. These costs are determined on the basis of the laws and guidelines applicable at that time.

8. Warranty

DTCH shoes guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
The customer realizes that a consumer product is purchased. This means that the purchased product is used and therefore subject to wear and tear. This is also usual for the purchased product. The degree and manner of use will affect the degree of wear and the life of the product. With more intensive use, the product will not last as long. In assessing a customer's claim under the warranty, the degree and manner of use will be included in the judgment in answering the question of whether the customer is making a justified claim under the warranty or whether there is normal wear and tear, which does not constitute a claim under the warranty.
If the customer wishes to invoke a warranty, the customer will ensure that the product is made available to DTCH shoes.
If the customer makes a justified claim under the warranty, DTCH shoes will, at its discretion, repair the products to be delivered or still deliver them as agreed upon.
Any possible warranty obligations of DTCH shoes will lapse if errors, defects or shortcomings with respect to those goods are the result of incorrect, careless or incompetent use or management of the goods delivered by the customer or third parties hired by the customer, or if they are the result of an external cause, such as fire or water damage, or if the customer or a third party has made changes or had changes made to the goods delivered by DTCH shoes without DTCH shoes' consent.
If and insofar as the customer has not yet fulfilled obligations arising from the agreement, DTCH shoes is authorized to suspend fulfillment of its warranty obligations.
Regarding the delivered goods, the customer is aware of the fact that materials are used that may show mutual deviations (e.g. natural products and (semi) manufactured goods), so that differences may occur in for instance color, shape and structure. These differences can never result in a justified claim under the guarantee.

9. Force Majeure

Force majeure is an event beyond the control of DTCH shoes, such as, but not limited to, strikes, lock-outs, or other industrial actions by third parties, civil commotion, riots, invasion, terrorist attack or threat of a terrorist attack, war (whether declared or not) or threat of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disasters, or failures in public or private telecommunications networks.
If a force majeure event affects DTCH shoes’ ability to fulfill its obligations, then:

1. a) DTCH shoes will contact the customer as soon as reasonably possible to inform them; and
2. b) DTCH shoes will suspend its obligations under the agreement, and the time for fulfilling the obligations will be extended for the duration of the force majeure event.

If the force majeure event affects the delivery of a product, DTCH shoes will agree on a new delivery date with the customer once the force majeure event has passed, without being liable to pay any (damage) compensation. The customer may cancel the contract if a force majeure event occurs and they no longer wish for DTCH shoes to deliver the products.

10. Advertisements / complaints

Complaints about a delivered product must be submitted to DTCH shoes within a reasonable time, but no later than two months after receipt, or within two months after the customer has discovered or reasonably should have discovered the defect, and must be described clearly and completely. As soon as the customer discovers a defect, they should report it as soon as possible and stop using the product.
DTCH shoes has a complaints procedure, which has been made known to the customer, and handles complaints in accordance with that procedure.
Without prior written consent, DTCH shoes is not obliged to accept returns from the customer. The receipt of returns in no way implies acknowledgment by DTCH shoes of the reason for return provided by the customer.

11. Intellectual Property Rights

All intellectual property rights and similar rights, including copyrights, trademark rights, patent rights, neighboring rights, and rights to the protection of performances, including database rights, on everything designed by DTCH shoes, remain and will always remain with DTCH shoes or, where applicable, its suppliers.

12. Termination and Cancellation

The customer is deemed to be in default if they fail to fulfill any obligation under the agreement, or if the customer does not comply with a written reminder to fully comply within a specified reasonable period.
In the event of default by the customer, DTCH shoes is entitled, without any obligation to pay compensation and without prejudice to its rights, to fully or partially terminate the agreement by means of a written notice addressed to the customer and/or to demand the immediate payment in full of any amount owed by the customer to DTCH shoes and/or to invoke the retention of title.
DTCH shoes is authorized to terminate the agreement with immediate effect if the customer applies for suspension of payment or bankruptcy or if bankruptcy is applied against them or if a seizure is made on all or part of their assets. All invoiced amounts will then be immediately due and payable. DTCH shoes shall never be liable for any compensation due to this termination.
Termination and cancellation do not affect obligations which, by their nature, are intended to continue after the end of the agreement. These obligations include, among others, provisions regarding intellectual property rights and the customer's payment obligations.

13. Disputes and Applicable Law

Dutch law applies to agreements concluded with DTCH shoes.