Algemene voorwaarden
General Terms and Conditions
FELIZ shoes & accessories
Table of contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - Offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - Price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Termination
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Reflection period: the period within which the consumer can make use of 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 regarding a series of products
and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Sustainable data carrier: any means that enables the consumer or entrepreneur to:
store information that is addressed to him personally in a manner that enables future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the option for the consumer to cancel within the cooling-off period
of the distance contract;
7. Model form: the model form for withdrawal that is available to the entrepreneur
statement that a consumer can complete when he wants to use his
right of withdrawal;
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
9. Distance agreement: an agreement for distance selling of products and/or services, up to and including the conclusion of the agreement, which emplys one or more remote communication techniques;
10. Remote communication technology: means that can be used for closing of an agreement, without the consumer and entrepreneur being in the same room at the same time have come together;
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur FELIZ shoes & accessories
Business address: De Fluit 40, 1398 CA Muiden
E-mail address: info@felizshoes.nl
Chamber of Commerce (KvK) number: 32160426
VAT identification (BTW) number: NL 0021 30 696 B30
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and every distance contract and orders concluded between the entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be published and made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the request of the consumer and will be sent over free of charge as soon as possible.
3. If the distance contract is concluded electronically, deviating from the previous paragraph and before the distance contract is concluded, the text of this general terms and conditions is made available to the consumer electronically and stated in such a way that it can be easily stored on a durable data carrier by the consumer. If this is not reasonably possible before the distance contract is concluded, it will be indicated where these general terms and conditions can be viewed electronically and that they can, on request of the consumer, be sent over electronically or otherwise, free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs are corresponding apply and the consumer can opt out in the event of conflicting general terms and conditions and always rely on the applicable provision that is most favorable to him.
5. If one or more provisions in these general terms and conditions at any time are wholly or partially null and void or are annulled, then the agreement remains valid, conditions will remain in force and the relevant provision will be agreed upon by mutually or be immediately replaced by a provision that retains the meaning of the original as much as possible.
6. Situations that are not regulated in these general terms and conditions must be resolved and assessed in the spirit of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more of our provided conditions, must be interpreted in the spirit of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and accept the offer to fit.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to be a good one to enable assessment of the offer by the consumer. As the entrepreneur uses images, these are a true representation of the
products and/or services offered. Obvious mistakes or obvious errors in the offer does not bind the entrepreneur.
4. All images and specifications in the offer are indicative and cannot be relied upon to give rise to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what his or her rights are
and obligations associated with the acceptance of the offer. This concerns, specifically:
● price including taxes;
● shipping costs;
● the manner in which the agreement will be concluded and what actions are needed;
● whether or not the right of withdrawal applies;
● 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 remote communication if the costs of use of remote communication technology are calculated on a different basis than the regular basic rate for the means of communication used;
● 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, before concluding the agreement, processes the information he has entered and can check data provided under the agreement and, if desired, to recover;
● any other languages in which, in addition to Dutch, the agreement can be concluded;
● the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically;
● and the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, on the moment of acceptance by the consumer of the offer and compliance with the associated conditions
stated.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately receive the receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate 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 ensures a safe web environment. If the consumer chooses for electronic payment, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself concerning whether the consumer can meet its payment obligations, as well as all those facts and factors that
are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request or to comply with the reasons to impose special conditions on implementation.
5. The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it is accessible to the consumer and can be stored on a durable data carrier:
a. the visiting address of the entrepreneur’s branch where the consumer with complaints
can go;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur
has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating 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 only applies 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
1. When purchasing products, the consumer has the option to terminate the agreement without providing any reason within 14 days. This reflection period starts on the day after receival of the product by the consumer, or in advance by the representative designated by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of the right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - return to the entrepreneur in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receival of purchased product.
The consumer must make this known using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been delivered and returned on time, for example by means of proof of shipment.
4. If the customer has not made any notification after the expiry of the periods referred to in paragraphs 2 and 3 and has not made it known that he wishes to exercise his right of withdrawal, or the product has not been returned to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, he might, at most, be required to make the initial payment for return shipping.
2. If the consumer has paid this amount, the entrepreneur will pay this amount as soon as possible, no later than within 14 days after cancellation, provided that the product has already been received by the online retailer. Conclusive proof of complete return can be discussed.
Article 8 - Exclusion of 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 makes this clear in the offer, at least in time for the conclusion of the contract agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with specifications of the
consumer;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. that spoil or age quickly;
e. the price of which is dependent on fluctuations in the financial market on which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.
Article 9 - Price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur can provide products or services of which the prices are dependent on fluctuations in the financial market and over which the entrepreneur has no influence. This connection to fluctuations and the fact that any prices stated are target prices must be noted.
3. Price increases can occur within 3 months after the conclusion of the agreement, permitted they are the result of 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:
a. these are the result of legal regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. For the effects of pressure –
and typographical errors, no liability is accepted. In case of printing and typesetting 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 meet the requirements agreement, the specifications stated in the offer, meet the reasonable requirements of soundness and/or usability and on the date of the creation of the agreement, under existing legal provisions and/or government regulations.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the
legal rights and claims that the consumer has under the agreement and can assert against the entrepreneur.
3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their original packaging and in new, unused condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
● The consumer has repaired and/or edited the delivered products himself or has had it repaired and/or edited by third parties;
● The delivered products have been exposed to abnormal conditions or otherwise have been treated carelessly or contrary to the entrepreneur's instructions and/or their packaging has been tampered with;
● The defect is wholly or partly the result of government regulations that have been asserted with regard to the nature or quality of the products’ materials.
Article 11 - Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and in the execution of orders for products and in the assessment of requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. With due observance of Article 4 of these general terms and conditions, the company will process accepted orders expeditiously, 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 is not received or only can be partially carried out, the consumer will receive notice of this no later than 30 days after he placed the order. In this case, the consumer has the right to terminate the agreement without costs and the right to compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount consumer has paid as soon as possible, but no later than 14 days after termination of the agreement.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. Upon delivery at the latest, the customer will be notified in a clear and understandable manner that a replacement item will be delivered shortly. Pertaining to replacement items, the right of withdrawal can not be excluded. The costs of any return shipment will be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, or a pre-designated person and to the entrepreneur's representative, unless expressly stated or otherwise agreed.
Article 12 - Termination
1. The consumer, who has entered into an agreement that has an indefinite period and that lasts to the delivery of products or services, can terminate this at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. The consumer, who has entered into an agreement for a fixed period that lasts to the delivery of the products or services, can terminate this agreement, at any time until the end of the fixed term that has been agreed upon, taking into account the cancellation rules and a notice period of no more than one month.
3. The consumer can cancel the agreements referred to in the previous paragraphs: at any time and not be limited to canceling at a specific time or in a certain period; in the same manner as they were entered into by him; and with the same notice period as the entrepreneur has stipulated.
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 referred to in Article 6, paragraph 1. In the case of an agreement pertaining to a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to correct inaccuracies in payment details provided or report these to the entrepreneur immediately.
3. In the event of non-payment by the consumer, the entrepreneur has the right, which is subject to statutorylimitations, to charge all costs made, which have been made known to the consumer in advance.
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 within 7 days of the source of the complaint has been discovered, to the entrepreneur.
3. Complaints submitted to the entrepreneur will be processed within a period of 14 days from the initial reception of the complaint. If a complaint can reasonably be said to require a longer processing time, the entrepreneur will reply within 14 days to confirm having received the complaint and provide an indication of when the consumer can expect to receive a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement and a dispute arises, this dispute is subject to dispute settlement procedure.
5. Complaints that cannot be resolved by mutual agreement must be submitted by the consumer to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution cannot be found, the consumer has the possibility to have his complaint handled by Stichting GeschilOnline. This ruling is binding and both the entrepreneur and the consumer must agree to honour it. There are costs involved in submitting a dispute to this dispute committee, which must be paid by the consumer to the relevant commission.
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 replace or repair the delivered products free of charge.
Article 15 - Disputes
1. On agreements between the entrepreneur and the consumer to which these general conditions apply, only Dutch law applies. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional provisions, or provisions which deviate from these general terms and conditions, are not to be wielded if this is to the detriment of the consumer, and must be recorded in writing in such a way that they can be accessed by the consumer and stored on a durable data carrier.