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These General Terms and Conditions have been drafted based on the model of the Webshop Trustmark Foundation (Stichting Webshop Keurmerk) and apply to all orders placed via the Shoedry webshop.
Table of Contents:
Definitions
Identity of the entrepreneur
Applicability
The offer
The agreement
Right of withdrawal
Obligations of the consumer during the cooling-off period
Exercise of the right of withdrawal and associated costs
Obligations of the entrepreneur in case of withdrawal
Exclusion of the right of withdrawal
The price
Compliance and extra warranty
Delivery and execution
Continuing performance contracts: duration, termination, and extension (Note: skipped in article numbering below)
Payment
Complaints procedure
Disputes
Additional or varying provisions
Article 1 - Definitions In these terms and conditions, the following definitions apply:
Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods are provided by Shoedry or by a third party based on an arrangement between that third party and Shoedry;
Cooling-off period: the period during which the consumer can make use of their right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or professional activity;
Day: calendar day;
Right of withdrawal: the possibility for the consumer to waive the distance agreement within the cooling-off period;
Entrepreneur: the legal entity Shoedry that offers products and/or services to consumers from a distance;
Distance agreement: an agreement concluded between Shoedry and the consumer within the framework of an organized system for distance selling.
Article 2 - Identity of the entrepreneur
Trading name: Shoedry
Statutory name: Elpida Products B.V.
Business address: PO Box 143
Postal code and city: 5060 AC OISTERWIJK, The Netherlands
Phone number: +31850046453
Email address: info@shoedry.eu
Article 3 - Applicability
These general terms and conditions apply to every offer made by Shoedry and to every distance agreement established between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer.
Article 4 - The offer
If an offer has a limited period of validity, this will be explicitly stated.
The offer contains a complete and accurate description of the offered products. Images are a true representation of the offered products. Obvious mistakes or errors in the offer are not binding on Shoedry.
Article 5 - The agreement
The agreement is established at the moment the consumer accepts the offer and fulfills the corresponding conditions.
Shoedry will immediately confirm receipt of the acceptance of the offer electronically.
Article 6 - Right of withdrawal
The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving any reasons.
The cooling-off period starts on the day after the consumer, or a third party designated by the consumer in advance, has received the product.
Article 7 - Obligations of the consumer during the cooling-off period
During the cooling-off period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product.
The guiding principle here is that the consumer may only handle and inspect the product in the same way they would be allowed to do in a physical store.
Article 8 - Exercise of the right of withdrawal and associated costs
If the consumer makes use of their right of withdrawal, they must report this to Shoedry within the cooling-off period.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product.
The consumer bears the direct costs of returning the product, unless Shoedry has indicated that it will bear these costs itself.
Article 9 - Obligations of the entrepreneur in case of withdrawal
Shoedry will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies the withdrawal.
Shoedry may wait with the reimbursement until it has received the product or until the consumer demonstrates that they have returned the product.
Article 10 - Exclusion of the right of withdrawal Shoedry can exclude products from the right of withdrawal, provided this is clearly stated in the offer. This applies, among other things, to:
Products manufactured according to the consumer's specifications (custom-made).
Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery.
Article 11 - The price
During the validity period stated in the offer, the prices of the offered products will not be increased, except for price changes resulting from changes in VAT rates.
The prices mentioned in the offer of products include VAT.
Article 12 - Compliance with the agreement and extra warranty
Shoedry guarantees that the products comply with the agreement and the specifications stated in the offer.
An extra warranty provided by Shoedry never limits the legal rights and claims that the consumer can enforce against Shoedry under the agreement.
Article 13 - Delivery and execution
Shoedry will take the greatest possible care when receiving and executing product orders.
The place of delivery is the address that the consumer has made known to Shoedry.
Shoedry will execute accepted orders with due speed but at least within 30 days, unless a different delivery period has been agreed upon.
The risk of damage and/or loss of products rests with Shoedry until the moment of delivery to the consumer, unless explicitly agreed otherwise.
Article 14 - Payment
Unless otherwise stipulated, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period.
The consumer has the duty to report inaccuracies in provided or stated payment data to Shoedry without delay.
Article 15 - Complaints procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to Shoedry within a reasonable time after the consumer has discovered the defects.
Complaints submitted to Shoedry will be answered within a period of 14 days from the date of receipt.
Article 16 - Disputes
Agreements between Shoedry and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Disputes can be submitted to the competent court in the district where Shoedry is established, unless the law mandatorily prescribes otherwise.
Article 17 - Additional or varying provisions
Additional provisions or provisions varying from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing.