These General Terms and Conditions are based on the General Terms and Conditions of the Dutch Thuiswinkel Organization and come into effect on 1 January. 2018.
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- Custom Sneaker Identity
- The range < / p>
- The agreement
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- Right of withdrawal
- Obligations of the customer during the cooling-off period
- Exercise of the right of withdrawal by the customer and costs thereof
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- Custom Sneaker obligations upon cancellation
- Exclusion of the right of withdrawal p>
- The price
- Compliance and additional warranty
- Le suspension and execution
- Duration transactions: duration, cancellation and renewal
< p> Article 17
- Additional or different terms
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Additional agreement : an agreement whereby the buyer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services by Cu dumb Sneaker be supplied or by a third party based on an agreement between that third party and Custom Sneaker;
Cooling-off period : the period within which the buyer can exercise his right of withdrawal; < / li>
Customer : the natural person who does not trade for purposes related to his trade, business, craft or professional activity;
Day : calendar day;
Digital content : data produced in digital form and are supplied;
Duration agreement : an agreement that extends to the regular delivery of goods, services and / or digital content over a period of time;
Sustainable data carrier : any tool - including also understood e-mail - that enables the customer or Custom Sneaker to send information to him it is aimed at saving in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal : the possibility for the buyer to cancel the distance agreement within the cooling-off period;
Custom Sneaker : the natural or legal person who offers products, (access to) digital content and / or remote services offers customers;
Remote agreement : an agreement that is concluded between Custom Sneaker and the buyer within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion exclusive or joint use is made of one or more more remote communication techniques;
Model withdrawal form : the one in Appendix I of this conditions included European model form for withdrawal. Annex I does not have to be made available if the customer does not have a right of withdrawal with regard to his order;
Technology for distance communication : means that can be used for concluding an agreement, without the buyer and Custom Sneaker having to come together in the same room at the same time.
< p> Article 2 - Identity of Custom Sneaker
Custom Sneaker VOF trading under the names Custom Sneaker and CustomSneaker.nl located at Rouwenmaatpad 8 in Deventer .
Email address: Info@CustomSneaker.nl
Chamber of Commerce number: 76799603
VAT identification number: NL860793436B01
If the activity of Custom Sneaker is subject to a relevant licensing system: the data on the supervisory authority.
If Custom Sneaker practices a regulated profession:
de professional association or organization to which it is affiliated;
the professional title, the place in the EU or the European Economic Area where it has been granted; li>
a reference to the professional rules applicable in the Netherlands and instructions where and how these professional rules can be accessed.
Article 3 - Applicability
These terms and conditions apply to every offer of Custom Sneaker and to any concluded remote agreement between Custom Sneaker and customer.
Before the remote agreement is concluded, the text is made available to the buyer of these general terms and conditions. If this is not reasonably possible, Custom Sneaker will indicate before the distance agreement is concluded, how the general conditions can be viewed at Custom Sneaker and that they will be sent free of charge as soon as possible at the request of the customer. >
If the distance contract is concluded electronically, the text can be deviated from the previous paragraph and before the distance contract is concluded of these general terms and conditions are made available to the buyer electronically in such a way that the buyer can easily store them on a durable medium. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent electronically or otherwise free of charge at the request of the customer. / li>
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs of corresponding application and in the event of conflicting conditions, the buyer can always invoke the applicable provision that is most favorable to him.
Article 4 - The offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the a offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the buyer. If Custom Sneaker uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind Custom Sneaker.
Each offer contains such information that it is clear to the customer is what the rights and obligations are that are attached to accepting the offer.
Article 5 - The agreement p>
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the buyer of the offer and compliance with the corresponding conditions.
If the buyer has accepted the offer electronically, Custom Sneaker will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Custom Sneaker, the customer can terminate the agreement.
If the agreement is electronic comes about, Custom Sneaker takes appropriate technical and organizational measures to protect the electronic transfer of data and he ensures a safe web environment. If the customer can pay electronically, Custom Sneaker will take appropriate security measures.
Custom Sneaker can, within the legal framework - inform whether the customer can meet his payment obligations, and of all those facts and factors that are important for a sound conclusion of the distance agreement. If, based on this investigation, Custom Sneaker has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the implementation.
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At the latest upon delivery of the product, service or digital content, Custom Sneaker will provide the customer with the following information, in writing or in such a way that it is accessible by the customer in an accessible manner can be stored on a durable data carrier, send:
the visiting address of the Custom Sneaker location where the customer can go with complaints; li >
the conditions under which and the way in which the buyer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; li >
the information about guarantees and existing service after purchase;
the price with including all taxes on the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the remote agreement;
the requirements for canceling the agreement if the agreement has a duration of is more than one year or indefinite;
if the customer has a right of withdrawal, the model form for withdrawal.
In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
The buyer can make an agreement regarding the purchase of a dissolve the product without giving reasons during a period of 14 days. Custom Sneaker may ask the customer for the reason for the revocation, but not oblige him to state his reason (s).
The cooling-off period referred to in paragraph 1 starts on the day after the customer, or a third party designated by the customer in advance, who is not the carrier, has received the product, or:
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if the customer has ordered several products in the same order: the day on which the customer, or a third party designated by him, has received the last product. Custom Sneaker may, provided it has clearly informed the buyer prior to the ordering process, refuse an order for several products with different delivery times.
< li> if the delivery of a product consists of several shipments or parts: the day on which the customer, or a third party designated by him, has received the last shipment or part;
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for agreements for regular delivery of products during a certain period: the day on which the customer, or a third party designated by him, has received the first product.
For services and digital content that are not supplied on a tangible medium:
The customer can receive a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium during a period of 14 days without giving reasons tie. Custom Sneaker may ask the customer about the reason for the revocation, but does not oblige this to state his reason (s).
The reflection period referred to in paragraph 3 starts on the day following the closing of the agreement.
Article 7 - Obligations of the customer during the cooling-off period
During the cooling-off period, the customer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The starting point here is that the customer may only handle and inspect the product as he would be allowed to do in a store. The product must be returned in its original condition and original packaging, unused.
The buyer is only liable for a reduction in value of the product that results from a way of handling the product that goes beyond what is permitted in paragraph 1.
Article 8 - Exercise of the right of withdrawal by the buyer and costs thereof
If the customer makes use of his right of withdrawal, he will report this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to Custom Sneaker.
As soon as possible but within 14 days from the day following the notification referred to in paragraph 1, the buyer sends the product back, or he hands it to (an agent of) Custom Sneaker. This is not necessary if Custom Sneaker has offered to pick up the product itself. The customer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The customer returns the product with all accessories supplied, unused, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Custom Sneaker.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the buyer.
The customer bears the direct costs of returning the product. If Custom Sneaker has not indicated that the customer must bear these costs or if Custom Sneaker indicates that it will bear the costs itself, the customer does not have to bear the costs for return.
The buyer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
he did not explicitly agree, prior to delivery, to commence compliance with the agreement before the end of the consideration period;
< he> has not acknowledged that he has lost his right of withdrawal when granting his permission; or
If the customer makes use of his right of withdrawal, all additional agreements will be automatically terminated.
Article 9 - Obligations of Custom Sneaker upon cancellation
If Custom Sneaker has the notification of revocation by the buyer electronically, he will immediately send a confirmation of receipt upon receipt of this notification.
Custom Sneaker uses the same payment method that the customer used for reimbursement, unless the customer agrees to a different method.
If the customer has a has paid the amount, Custom Sneaker will refund this amount as soon as possible but no later than within 14 days after the return.
Article 10 - Exclusion of the right of withdrawal < / strong>
Customized by Custom Sneaker and / or in the webshop offered products can be qualified as "special" and are therefore excluded from the right of withdrawal.
Custom Sneaker can exclude the following products and services from the right of withdrawal, but only as a Custom Sneaker this clearly stated in the offer, at least in time for the conclusion of the agreement:
Products or services whose price is subject to fluctuations in the financial market on which Custom Sneaker has no influence and which can occur within the withdrawal period;
Service agreements, after full performance of the service, but only if:
the performance has begun with the express prior consent of the buyer; and
the customer has stated that he will lose his right of withdrawal once Custom Sneaker has fully executed the agreement; li>
Leisure time agreements, if a specific date or period of performance is foreseen in the agreement;
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Products manufactured according to the specifications of the customer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the customer, or clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
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Sealed products that for reasons of health protection or hygiene are not suitable for being returned and whose seal has been broken after delivery;
Products that by nature are irrevocably mixed with other products after delivery;
The delivery of digital content other than on a tangible medium, but only if:
the performance has begun with the express prior consent of the customer; and
the customer has stated that he hereby loses his right of withdrawal.
Article 11 - Data management < / strong>
Custom Sneaker respects the privacy of users of the website and ensures confidentiality of your personal information.
Custom Sneaker uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
Article 12 - The price
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During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, Custom Sneaker can offer products or services whose prices are subject to fluctuations in the financial market and where Custom Sneaker does not influence variable prices. This link to fluctuations and the fact that any stated prices are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if Custom Sneaker has stipulated this and:
these are the result of statutory regulations or provisions; or
the customer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
Offers are non-binding, unless otherwise stated in the offer.
If the buyer accepts a non-binding offer, Custom Sneaker reserves the right to withdraw or deviate from the offer within the period of 3 working days after receipt of that acceptance.
Verbal commitments commit Custom Sneaker only after they have been explicitly confirmed in writing.
Offers from Custom Sneaker do not automatically apply to repeat orders.
Custom Sneaker cannot be held to its offer if the customer should have understood that the offer or a part thereof, an obvious mistake or error contained an amount.
Additions, changes and / or further agreements are only valid if agreed in writing.
The prices stated in the offer of products or services include VAT, unless stated otherwise.
Article 13 - Compliance agreement and extra guarantee
Custom Sneaker guarantees that the products and / or services comply with the agreement, 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 the conclusion of the agreement.
An extra guarantee provided by Custom Sneaker, its supplier, manufacturer or importer never limits the legal rights and claims that the buyer has under the agreement. Custom Sneaker ka n assert if Custom Sneaker has failed to fulfill its part of the agreement.
As soon as an order is placed, we order the shoes from Nike / Adidas / Vans / Coverse or another retailer of these brands. Custom Sneaker only performs a service on these items, namely customizing the sneakers purchased by the customer.
Article 14 - Delivery and execution < / strong>
Custom Sneaker will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
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The place of delivery is the address that the customer has made known to Custom Sneaker.
With due observance of what is stated about this in Article 4 of these general terms and conditions, Custom Sneaker will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the
buyer will be notified of this no later than 30 days after he has placed the order. In that case, the buyer has the right to terminate the agreement without costs.
After termination in accordance with the previous paragraph, Custom Sneaker will charge the amount that the buyer has paid back immediately.
The risk of damage and / or loss of products rests with Custom Sneaker until the moment of delivery to the customer or a representative designated in advance and made known to Custom Sneaker, unless explicitly agreed otherwise.
Article 15 - Duration transactions: duration , cancellation and renewal
The customer may enter into an agreement for an indefinite period of time. has been entered into and that extends to the regular delivery of products or services, canceling at all times with due observance of agreed cancellation rules and a cancellation period of at most one month.
The the customer can at all times terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products or services with due observance of the agreed termination rules and a notice period of at most one month. li>
The customer can follow the agreements mentioned in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time or in a specific period;
cancel at least on the same way as they are entered into by him;
always cancel with the same cancellation period as Custom Sneaker has stipulated for itself. Extension:
An agreement that has been entered into for a definite period and that extends to regular delivery of products or services, may not be tacitly renewed or renewed for a limited duration.
A fixed-term contract entered into and that extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period of time if the customer may cancel at any time with a notice period of one month at most.
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An agreement with a limited duration to regularly deliver introductions of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after it expires of the trial or introductory period.
If an agreement has a duration of more than one year, the buyer may after acancel the agreement at any time with a notice period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 16 - Payment
The customer must pay the amounts due as a result of purchases in the Custom Sneaker webshop by means of the payment methods made available by Custom Sneaker, unless agreed otherwise with the customer.
Unless otherwise specified in the agreement or additional conditions, the amounts owed by the buyer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the customer has received the confirmation of the agreement.
The customer has the duty to report inaccuracies in provided or specified payment details to Custom Sneaker without delay.
If the customer does not meet his payment obligation (s) in time, this is, after he has been informed by Custom Sneaker of the late payment and Custom Sneaker has granted the customer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest on the remaining amount owed and Custom Sneaker is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. Custom Sneaker can, for the benefit of the customer, deviate from the stated amounts and percentages.
Article 17 - Retention of title
Ownership of all items sold and delivered by Custom Sneaker to the customer remains with Custom Sneaker as long as the the customer has not paid the claims of Custom Sneaker under the agreement or previous or later similar agreements, as long as the customer has not yet paid the work performed or to be performed under these or similar agreements and as long as the customer has not paid the claims of Custom Sneaker for has failed to meet such obligations, including claims for fines, interest and costs, as referred to in Section 3:92 of the Dutch Civil Code.
The items delivered by Custom Sneaker that are subject to retention of title may only be resold in the context of normal business operations and may never be used as payment.
The buyer is not authorized to pledge the items subject to the retention of title nor to encumber them in any other way.
The customer already gives Unconditional and irrevocable permission to Custom Sneaker or a third party to be appointed by Custom Sneaker to, in all cases where Custom Sneaker wishes to exercise its ownership rights, to enter all those places where its properties will be located and those matters
If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon , the customer is obliged to inform Custom Sneaker as soon as can reasonably be expected.
The customer is obliged to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against thieves give the number and policy of this insurance to Custom Sneaker for inspection upon first request.
Article 18 - Complaints procedure p >
Custom Sneaker has a well-publicized complaints and deals with complaints under this procedure.
Complaints about the implementation of the agreement must be submitted to Custom Sneaker fully and clearly described within a reasonable time after the customer has discovered the defects.
Complaints submitted to Custom Sneaker will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Custom Sneaker will respond within a period of 14 days with a message of receipt and an indication when the customer can expect a more detailed answer.
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The customer must give Custom Sneaker at least 4 weeks to resolve the complaint by mutual agreement.
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Article 19 - Disputes
Agreements between Custom Sneaker and the customer to which these general terms and conditions apply are: only Dutch law applies.
Article 20 - Additional or different provisions
< Additional or deviating provisions from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be accessed by the customer in an accessible manner. beaten on a durable data carrier.
Appendix I: Model withdrawal form
Model form for cancellation
(only complete and return this form if you want to cancel the agreement)
To: Custom Sneaker VOF
Rouwenmaatpad 8, 7421 EE Deventer
I / We * share / hereby inform you that I / we * our agreement regarding the sale of the following products: [product description] *
the delivery of the following digital content: [indication of digital content] *
the provision of the following service: [indication of service] *, revoked / revoked *
Ordered on * / received on * [order date for services or receipt for products] li >
[Customer name (s)]
[Customer address ( s)]
[Customer Signature (s)] (only when this is form is submitted on paper)
* Delete where not applicable or enter as appropriate.
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