General Terms & Returns
Woodenshoecompany Terms Conditions
GENERAL TERMS - THE WOODEN SHOE COMPANY
Article 1 - Definitions
In these terms the following definitions apply:
Cooling-off period: the period during which the consumer can exercise his right of withdrawal;
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;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, where the delivery and/or acceptance obligation is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by the entrepreneur that a consumer can complete when he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the contract, one or more means of distance communication are used exclusively;
Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
The Wooden Shoe Company
Dorpsstraat 6
2851BJ Moordrecht
Netherlands (no visiting address)
Telephone number: +31(0)620976904
E-mail address: verkoop@woodenshoecompany.com
Chamber of Commerce (KvK) number: 66584248
IBAN: NL50INGB0006736934
Article 3 - Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders established between the entrepreneur and the consumer.
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 stated before the distance contract is concluded that the general terms and conditions may be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, and contrary to the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and in the event of conflicting general terms and conditions the consumer may always invoke the provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially null or void or annulled, the contract and these conditions remain in force for the rest and the relevant provision will be replaced by a provision that approximates the intention of the original as closely as possible.
Situations not regulated in these general terms and conditions should be assessed in the spirit of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms should be interpreted in the spirit of these general terms and conditions.
Article 4 - The offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to modify and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment by the consumer. 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.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
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.
Each offer contains such information that it is clear to the consumer what rights and obligations are connected to accepting the offer. This particularly concerns:
the price including taxes;
the possible shipping costs;
the manner in which the contract will be concluded and which actions are required for that;
whether the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the tariff for distance communication if the costs of using the means of distance communication are charged on a basis other than the regular basic rate for the used communication medium;
whether the contract will be archived after conclusion, and if so, how it can be consulted by the consumer;
how the consumer can check and, if desired, correct the data he provided in the context of the contract before concluding it;
the possible other languages in which, in addition to Dutch, the contract may be concluded;
the codes of conduct to which the entrepreneur has submitted himself and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a long-term transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
Within legal limits, the entrepreneur may investigate whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur, based on this investigation, has good grounds not to enter into the contract, he is entitled to refuse a purchase or request with reasons or to attach special conditions to the performance.
When providing the product or service, 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 on a durable medium:
- the address of the entrepreneur's establishment where the consumer can present complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
- information about warranties and existing after-sales service;
- the data referred to in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided these data to the consumer before the performance of the contract.
Each contract is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
For delivery of products:
When purchasing products, the consumer has the option to dissolve the contract without giving reasons during 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product.
During the cooling-off 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 be able 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.
If the consumer wishes to exercise his right of withdrawal he must notify the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. 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 items were returned in time, for example by means of proof of dispatch.
If the customer has not indicated within 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 final.
For delivery of services:
When delivering services, the consumer has the option to dissolve the contract without giving reasons for at least 14 days, starting on the day the contract is concluded.
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 upon delivery.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, at most the costs of returning the goods are for his account.
If the consumer has paid an amount, the entrepreneur will repay that amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the product having been received back by the web retailer or conclusive proof of complete return being provided.
Article 8 - Exclusion of the right of withdrawal
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 applies only if the entrepreneur has clearly stated this in the offer, at least in time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- for hygienic products for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- the performance of which has commenced with the consumer's express consent before the cooling-off period has expired;
Article 9 - The price
The prices stated in the offer of products or services include VAT.
All prices are subject to typographical errors. No liability is accepted for the consequences of typographical errors. In case of typographical errors the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the contract.
Any warranty provided by the entrepreneur, manufacturer or importer does not affect the consumer's statutory rights and claims under the contract against the entrepreneur.
Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Returned products must be sent back in the original packaging and in new condition.
However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The delivered products have been exposed to abnormal circumstances or otherwise handled carelessly or in conflict with the entrepreneur's instructions and/or the instructions on the packaging;
The defect is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 - Delivery and performance
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
By placing an order, the consumer explicitly instructs the entrepreneur to purchase the ordered products physically from one or more branches of dm-drogerie markt in Germany.
The place of delivery is the address that the consumer has made known to the company.
Subject to the provisions in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 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 executed partially, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will repay the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery it will be clearly and understandably indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid in advance. Once the amount due has been credited to our account, we will process your order immediately. For a bank transfer, a payment term of 8 days applies after the order has been placed.
The consumer is obliged to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.
In case of default by the consumer, the entrepreneur, within legal limits, has the right to charge the reasonable costs previously communicated to the consumer.
Article 13 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute resolution procedure.
Consumers should first contact the entrepreneur with complaints. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.
Article 14 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Article 15 - Additional or deviating provisions
Additional or deviating provisions 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 on a durable medium in an accessible manner.
Note: refurbished devices cannot be returned!