Shoefresh General terms and Conditions

These General Terms and Conditions of the Dutch Webshop Trustmark Foundation (Stichting Webshop Keurmerk) have been drawn up in consultation with the Dutch Consumers' Association (Consumentenbond) within the framework of the Dutch Coordination Group of Self-regulatory Consultation (CZ, Coördinatiegroep Zelfreguleringsoverleg Zelfreguleringsoverleg) of the Dutch Socal and Economic Council (SER) and are effective as of 1 June 2014.

These General Terms and Conditions will be exercised by all members of Stichting Webshop Keurmerk with the exception of financial services as referred to in the Dutch Financial Supervision Act (Wet Financieel Toezicht) and insofar as these services are supervised by the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten).

Table of contents:

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 - The consumer's obligations during the consideration period
Article   8 - Exercising the right of withdrawal by the consumer and related costs
Article   9 - The entrepreneur's obligations in the event of withdrawal
Article 10 - Exceptions to the right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra warranty
Article 13 - Delivery and provision of services
Article 14 - Long-running transactions, duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17- Disputes
Article 19 - Supplementary or deviating provisions
Article 22 - Changes to the general terms and conditions of Stichting Webshop Keurmerk

Article 1 - Definitions
Are understood to mean in these terms and conditions:

Supplementary agreement: an agreement whereby the consumer procures products, digital content and/or services in respect of a remote agreement and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Consideration period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;
Day: calendar day;
Digital content: any material that is produced and delivered in digital form;
Long-running agreement: an agreement for the regular delivery of goods, services and/or digital content over a certain period of time;
Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed to them personally, in a way that future reference or use during a period that is appropriate for the intended purpose of the information, and that enables unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the remote agreement within the consideration period;
Entrepreneur: the natural or legal person who is a registered member of Stichting Webshop Keurmerk and who offers products, (access to) digital content and/or services remotely to consumers;
Remote agreement: an agreement between the entrepreneur and the consumer concluded within the framework of an organised system for remote sales of products, digital content and/or services, whereby up to and at the point of entering into the agreement, exclusive or shared use is made of one or more means of remote communication;
Model withdrawal form: the European model withdrawal form in Annex I that contains these terms and conditions.
Technology for remote communication: medium that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to meet in the same place at the same time;

Article 2 – Identity of the entrepreneur

Shoebrand B.V.
Nijverheidsweg 14
5061 KL Oisterwijk
The Netherlands

Telephone: +31 (0)13 762 04 60 (Monday to Friday between 9 a.m. and 5 p.m.)
Email: info@shoefresh.eu
Chamber of Commerce number: Tilburg 58707530
VAT number: NL8531.47.784 B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every remote agreement concluded between the entrepreneur and consumer.
Before the remote agreement is entered into, the text of these terms and conditions will be made available to the consumer. If this is in all reasonableness is not possible, the entrepreneur shall, before the remote agreement is entered into, inform the consumer in what way the general terms and conditions can be consulted via the entrepreneur and that these will be sent to the consumer free of charge as soon as possible at the consumer's request.
If the remote agreement is entered into by electronic means, then, contrary to the previous paragraph and before the remote agreement is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is in all reasonableness is not possible, prior to the remote agreement being entered into, an indication will be given of where the general terms and conditions can be viewed electronically and that, at the consumer's request, they will be sent free of charge, either electronically or in some other way.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and in the event of conflicting conditions, the consumer can always avail themselves of the appropriate provision that is most favourable to them.

Article 4 - The offer

In case an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services that are offered. The description is sufficiently detailed so that the consumer is able to adequately assess the offer. If the entrepreneur makes use of images, these are a realistic representation of the products, services and/or digital content on offer. Obvious mistakes or obvious errors in the offer are not binding for the entrepreneur.
Each offer contains as much information as is required to make it clear to the consumer what rights and obligations are associated with the acceptance of the offer.

Article 5 - The agreement

The agreement is entered into, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the specified conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer by electronic means. As long as receipt of this agreement has not been confirmedly the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the business operator shall take appropriate technological and organizational measures to safeguard the electronic transfer of data and shall maintain a secure web environment. If the consumer is able to pay electronically, the entrepreneur will adhere to proper security measures.
The entrepreneur may within the framework of the law - inform the consumer whether the consumer is able to fulfil their payment obligations, as well as all the facts and factors that are important for entering into the remote agreement in a responsible manner. If, on the basis of this inquiry, the entrepreneur has valid grounds for not entering into the agreement, then they are legally entitled to decline an order or request, stating their reasons, or to attach special terms and conditions to how the agreement is carried out.
The following information will be sent by the entrepreneur to the consumer, at the latest upon delivery of the product, service or digital content, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the contact address of the business premises of the entrepreneur where the consumer can turn to with complaints;
b. the terms and conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or otherwise a clear notification with regard to an exception to the right of withdrawal;
c. the information about warrantees and available after-sales service;
d. the price including all taxes associated with the product, service or digital content; to the extent that this is applicable, the delivery costs; and the payment method, delivery or execution of the remote agreement;
e. the criteria for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model form for the withdrawal.
In the case of a long-running transaction, the provisions of the previous paragraph shall only apply to the first delivery.

Article 6 - Right of withdrawal
For products:

The consumer may terminate an agreement with regard to the purchase of a product during a consideration period of at least 14 days without providing any reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
The consideration period referred to in paragraph 1 shall commence on the day after the consumer, or a third party appointed in advance by the consumer (who is not the delivery provider) has received the product, or:
a. if the consumer has ordered several products as part of the same order: the day on which the consumer, or a third party designated by them, received the last product. The business operator may, provided they have informed the consumer in a clear manner prior to the ordering process, refuse an order of several products which have different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
c. in the case of agreements for the regular delivery of products during a specified period: the day on which the consumer, or a third party designated by them, has received the first product.

In case where services and digital content are not provided using a physical medium:

The consumer may terminate a service agreement and an agreement for the supply of digital content that is not delivered on a physical medium during a period of at least 14 days without providing any reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
The consideration period referred to in paragraph 3 shall commence on the day following the date on which the agreement is entered into.

An extended consideration period for products, services and digital content that is not supplied on a physical medium in the event of failure to inform the consumer about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the consideration period expires twelve months after the end of the original specified consideration period in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original consideration period, the consideration period expires 14 days after the day on which the consumer received that information.

Article 7 - The consumer's obligations during the consideration period

During the consideration period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to such an extent as is necessary to determine the nature, characteristics and operation of the product. The underlying principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
The consumer is only held liable for any reduction in the value of the product as a result of a way of handling the product that goes beyond what is permitted under paragraph 1.
The consumer will not be held liable for any reduction in the value of the product if the entrepreneur has not provided them with all the legally required information about the right of withdrawal before or upon entering into the agreement.

Article 8 - Exercising the right of withdrawal by the consumer and related costs

If the consumer exercises their right of withdrawal, they shall notify the entrepreneur of this within the consideration period via the model withdrawal form or in another clear and unambiguous way.

The consumer shall return the product as soon as possible, albeit within 14 days from the day following the notification referred to in paragraph 1, or hand it over to (an authorised representative of) the entrepreneur. This does not apply if the entrepreneur has offered to collect the product themselves. The consumer has in all cases complied with the return period if they return the product before the expiration of the consideration period.
The consumer will return the product with all accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer is responsible for the direct costs of returning the product. If the business operator has not indicated that the consumer has to bear these costs or if the business operator has indicated that they are to bear the costs themselves, the consumer does not have to bear the costs of returning the goods.
If the consumer withdraws after having first expressly requested that the provision of the service or the supply of gas, water or electricity that are not made available for sale in a limited volume or certain quantity starts during the consideration period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that the entrepreneur has fulfilled at the time of withdrawal, relative to full compliance with the obligation.
The consumer shall not bear any costs for the provision of services or the supply of water, gas or electricity, which are not made available for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information concerning the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form; or;
the consumer has not expressly requested the commencement of the provision of the service or supply of gas, water, electricity or district heating during the consideration period.
1. The consumer bears no costs for the full or partial delivery of digital content that is not delivered on a physical medium, if:
2. they have not explicitly agreed to the commencement of the execution of the agreement before the end of the consideration period;
3. they have not acknowledged losing their right of withdrawal when giving their consent; or
4. the entrepreneur has failed to confirm this declaration made by the consumer.
  1. If the consumer makes use of their right of withdrawal, all additional agreements will be terminated by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

If the entrepreneur allows the consumer to notify the withdrawal by electronic means, they shall send a confirmation receipt promptly upon receipt of this notification.
The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the entrepreneur offers to collect the product themselves, they may delay reimbursement until they have received the product or until the consumer proves that they have returned the product, whichever comes first.
The entrepreneur will use the same payment method for reimbursement that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusions to the right of withdrawal

The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this with the offer, or at least in a timely manner prior to entering into the agreement.

The prices of our products or services can be bound to fluctuations in the financial market and over which the entrepreneur has no influence and that may occur within the withdrawal period.
Agreements that have been entered into during a public auction. Under a public auction is understood to mean a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obligated to purchase the products, digital content and/or services;
Provision of services agreements, after the service has been provided in full, but only if:
the execution has begun with the express prior consent of the consumer; and:
the consumer has declared that they forfeit their right of withdrawal as soon as the entrepreneur has duly fulfilled the agreement;
a. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of execution and other than for residential purposes, goods transport, car rental services and catering; Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution thereof;
1. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
2. Products that perish quickly or have a limited shelf life;
3. Sealed products that are not eligible for return for reasons of either health preservation or hygienic reasons and whose seal has been broken after delivery;
4. Products which, due to their nature, have been irreversibly mixed with other products after delivery;
5. Alcoholic beverages of which the price was agreed upon when the agreement was entered into, but whose delivery can only take place after 30 days, and of which the actual value is subject to fluctuations in the market over which the entrepreneur has no influence;
6. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
7. Newspapers, magazines or journals, with the exception of subscriptions;
8. The delivery of digital content other than on a physical medium, but only if:
9. the execution has begun with the express prior consent of the consumer; and:
10. the consumer has declared that they forfeit their right of withdrawal.

Article 11 - The price

During the period of validity 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.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. The offer will state this link to fluctuating prices and the fact that any stated prices are for guidance purposes.
Price increases within 3 months of entering into the agreement are only permitted if they are the result of statutory regulations or stipulations.
Price increases from 3 months after entering into the contract are only permissible if the entrepreneur has stipulated this and:
1. they are the result of statutory regulations or stipulations; or
2. the consumer has the option to cancel the agreement starting from the day when the price increase takes effect.
3. The prices of goods or services stated in the offer are including VAT.

Article 11 - Fulfilment of agreement and extra warranty

The entrepreneur guarantees that the products and/or services conform to the agreement, the specifications as stated in the offer, the fair standards of reliability and/or usability and on the date on which the agreement is entered into, existing legal provisions and/or government regulations. If so agreed, the entrepreneur also guarantees that the product is suitable for purposes other than its normal use.
A supplementary warranty provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can exercise with respect to the entrepreneur if the entrepreneur has failed in the fulfilment of their part of the agreement.
Subject to a supplementary warranty is understood to mean any obligation of the entrepreneur, their supplier, importer or manufacturer in which they grant the consumer certain rights or claims that go beyond what is legally required in the event that they have failed to fulfil their part of the agreement.

Article 13 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and processing product orders and when evaluating requests to supply services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of these terms and conditions as stated in article 4, the entrepreneur will fulfil accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or only partially be fulfilled, the consumer will receive notification of this no later than 30 days after they have placed the order. In that case, the consumer has the right to cancel the agreement without incurring any costs.
After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount the consumer has paid.
The risk of damage and/or lost products is borne by the entrepreneur up to the time of delivery to the consumer (or a previously designated representative known to the entrepreneur), unless otherwise expressly agreed.

Article 14 - Long-running transactions, duration, cancellation and extension

Cancellation:

The consumer may at all times cancel an agreement for an indefinite period for the regular supply of products (including electricity) or services, with due observance of the cancellation rules as agreed upon and a cancellation notice period of up to one month.
The consumer may at all times cancel an agreement that was entered into for a definite period for the regular supply of products (including electricity) or services at the end of the definite period with due observance of the cancellation rules as agreed upon and a cancellation notice period of up to one month.
With regard to the agreements stated in the previous paragraphs, the consumer may:
1. at all times cancel the agreement and is not restricted to having to cancel on a set date or within a stipulated period;
2. terminate the agreement at least in the same manner as they concluded the agreement;
3. always terminate the contract with the same cancellation period as the company stipulated itself.

Extension:

An agreement for a definite period for the regular supply of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement concluded for a definite period for the regular supply of daily or weekly newspapers or magazines may be tacitly extended for a definite period of up to three months if the consumer is able to terminate this extended agreement at the end of the extended period with a cancellation notice period of up to one month.
A fixed-term contract that has been entered into for the regular delivery of products or services, may only be tacitly renewed for an indefinite period of time if the consumer is entitled to terminate this at any time with a notice of up to one month. The notice period is a maximum of three months in case the agreement covers the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular supply, by way of introduction, of daily newspapers, weekly newspapers and magazines (trial or introductory subscriptions) will not be tacitly lengthened and will automatically end at the end of the trial period or introductory period.

Duration:

If the duration of an agreement is more than one year, the consumer may at all times terminate the agreement at the end of one year with a cancellation notice period of up to one month, unless consideration of reasonableness and fairness preclude termination before the end of the agreed term.

Article 15 - Payment

Unless otherwise stipulated in the agreement or supplementary terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the consideration period, or in the absence of a consideration period, within 14 days after the entering into the agreement. In the event of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
When it comes to selling products to consumers, the general terms and conditions may never obligate the consumer to pay more than 50% in advance. When an advance payment has been stipulated, the consumer may not claim any rights regarding the fulfilment of the respective order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in payment details that they have provided or stated to the entrepreneur without delay.
If the consumer does not meet their obligation(s) to pay on time, after the entrepreneur has drawn the consumer's attention to the late payment and the entrepreneur has allowed the consumer a period of 14 days to finally meet their payment obligations, after failing to pay within this 14-day period, the consumer will owe the statutory interest on the outstanding amount and the entrepreneur will be entitled to charge the out-of-court debt-collection costs incurred by them. These amounts are at most: 15% on outstanding amounts up to €2,500,=; 10% on the next €2,500,= and 5% on the next €5,000,= with a minimum fee of €40-. The entrepreneur may deviate from the above amounts and percentages for the benefit of the consumer.

Article 16 - Complaints guidelines

The entrepreneur has a well-publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur in detail and clearly described within a reasonable time after the consumer has discovered the defects.
The entrepreneur will respond to any submitted complaints within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
A complaint about a product, service or the service provided by the entrepreneur can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (https://www.keurmerk.info/nl/consumenten/klacht/) The complaint is then sent both to the entrepreneur in question and to Stichting Webshop Keurmerk.
Webshop Keurmerk will not deal with a dispute or will cease the proceedings if the entrepreneur has been granted an automatic stay, has been declared bankrupt or has actually terminated their business activities or if the webshop has been suspended or expelled by Webshop Keurmerk.
A dispute will only be dealt with by Webshop Keurmerk if the consumer has first submitted their complaint to the entrepreneur within a reasonable period of time.
The dispute must be submitted in writing to Webshop Keurmerk no later than twelve months after the dispute has arisen.
It is also possible to submit complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage).

Article 17- Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are subject exclusively to Dutch law. This is also the case if the consumer resides abroad.
The Vienna Convention on the International Sale of Goods does not apply.

Article 18 – Supplementary or deviating provisions

Provisions that are supplementary or deviate from these general terms and conditions should not disadvantage the consumer and should be set out in writing or in such a manner that they can be stored by the consumer in an accessible manner on a durable medium.

Article 19 – Changes to the general terms and conditions of the Stichting Webshop Keurmerk

Stichting Webshop Keurmerk will not change these general terms and conditions except in consultation with the Consumentenbond (Dutch Consumers' Association).
Amendments to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of any applicable changes during the term of an offer, the provision most favourable to the consumer will prevail.

Address Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam

General terms and conditions

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