General terms and conditions Shoe Loft

THE FOLLOWING TERMS AND CONDITIONS APPLY

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 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Additional or deviating provisions
Article 18 - Gift card and discount codes

Article 1 - Definitions

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract 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;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
9. Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, in which exclusive or joint use is made of up to and including the conclusion of the agreement uses one or more techniques for remote communication;
10. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
11. Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

Article 2 - Identity of the entrepreneur

Shoe Loft EZ
Esdoornhof 121
8266 GD Kampen
Netherlands
E-mail address: info@shoeloft.nl
Chamber of Commerce number: 92652417
VAT identification number: NL004482168B48

If the activity of the entrepreneur is subject to a relevant licensing system: the
information about the supervisory authority.

If the entrepreneur practices a regulated profession:
- the professional association or organization to which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules can be accessed.

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. .

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur 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 the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier.
   a. the visiting address of the entrepreneur's branch where the consumer can go with complaints; info@shoeloft.nl
   b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, then
   a clear statement regarding the exclusion of the right of withdrawal;
   c. the information about warranties and existing after-sales service;
   d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
   e. the requirements for terminating 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 withdrawal form.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

For products:

1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 30 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s). Sale items cannot be returned. These items will not be processed and will be returned prepaid. Do you receive your item and notice that there is a defect on the item received? Please report this within 24 hours via info@shoeloft.nl.
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
   a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with 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 him, has received the last shipment or part;
   c. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
   For services and digital content that is not supplied on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
   
   Extended reflection period for products, services and digital content that is not delivered on a tangible medium if you do not inform yourself about the right of withdrawal:
   
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6. How long will it take for my return to be processed? From the day that your return shipment is received by us in good order, it will take a maximum of 14 days for it to be fully processed. The money will be automatically refunded within these days. If you have opted for post-payment, you will receive an adjusted/withdrawn invoice.

If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

1. 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 necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
2. The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he must report this within the cooling-off period by using the model withdrawal form, sending an e-mail to info@shoeloft.nl or in another unambiguous manner to the entrepreneur. When the consumer informs us via info@shoeloft.nl that goods are being returned, the consumer will receive an automatic email with return instructions. Because it is an automated system, these return instructions may end up in your unwanted mailbox. In the unlikely event that the consumer does not receive return instructions, it is the consumer's responsibility to contact Shoe Loft in a timely manner via another method or to return the package in his or her own way. If this happens later, we will not provide a guarantee if your return shipment does not fall within the specified period.
2. As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur.
3. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The model for withdrawal + the packing slip must be included with the return shipment. Without these accessories your return cannot be processed. If this has not happened, Shoe Loft must initiate an investigation and an administration fee of 10% will be charged.
5. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. Shoe Loft recommends returning the package with a Track and Trace code and keeping the shipping receipt until your return has been processed. If the package is sent without a Track and Trace code / the proof of shipment is not demonstrable, no guarantee can be given on missing packages.
6. The consumer bears the direct costs of returning the product.
7. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

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

1. If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
2. The consumer will be refunded using the same payment method with which the payment was made.
3. 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 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Service agreements, after full performance of the service, but only if:
   a. the execution has started with the express prior consent of the consumer; and
   b. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
3. 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;
4. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
5. Products that, by their nature, are irreversibly mixed with other products after delivery;
6. The supply of digital content other than on a tangible medium, but only if:
   a. the execution has started with the express prior consent of the consumer; and
   b. the consumer has stated that he thereby loses his right of withdrawal.

Article 11 - The 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 may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. The prices stated in the offer of products or services include VAT.

Article 12 - Compliance with agreement and additional warranty

1. The entrepreneur 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 existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .

Article 13 - Delivery and execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the entrepreneur. If you are absent at the place and time of delivery, PostNL has the authority to deliver your package elsewhere.
3. Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. 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 expressly agreed otherwise.

Article 14 - Duration transactions: duration, cancellation and extension

1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

1. Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer 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 concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
4. If the consumer does not fulfill his payment obligation(s) on time, he is, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages for the benefit of the consumer.

Article 16 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Defects must be submitted fully and clearly described to the entrepreneur via info@shoeloft.nl within 24 hours after the consumer has received the goods.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably 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 answer.

Article 17 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions 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 in an accessible manner on a durable data carrier.

Article 18 - Gift cards and discount codes

1. These terms and conditions apply to all gift vouchers (both electronic and gift cards) issued by Shoe Loft (hereinafter collectively: “Gift vouchers”) that are sold by Shoe Loft.
2. Each Gift Voucher has a unique code. This can be a number code and/or PIN code and/or text code. Each Gift Voucher is only issued once. You must keep the Gift Voucher (including the code) carefully. No reimbursement will be made in the event of theft (including the use of the code by unauthorized third parties) or loss (including the (accidental) deletion of emails. Only original Gift Vouchers and codes can be used and must be provided to Shoe Loft upon request. Shoe Loft reserves the right to only accept a Gift Voucher upon receipt of the original Gift Voucher (in the case of an electronic gift voucher, the e-mail sent to you by Shoe Loft containing the code) and, in the event of improper use to still demand payment in money.
3. To use a Gift Voucher, you must place the products you selected in the "shopping cart". During the payment process, select "gift voucher" as the payment method and enter the exact code.
4. The nature, value, duration, expiry date and/or any applicable other specific terms of use can be found on the Gift Vouchers/or in the communication (e-mail) in which the code is included. Each Gift Voucher is valid for a certain period. The Gift Voucher can no longer be used after the expiry date. Each Gift Voucher is valid for 1 year from issued dates.
5. Gift vouchers or their residual value cannot be exchanged for money.
6. The right of withdrawal does not apply to Gift Vouchers. Gift vouchers cannot be returned.
7. The residual value of the Gift Voucher can be used for subsequent orders. This value is visible in the user's account. The residual value is not transferable and can only be used from the same account where the first use of the Gift Voucher took place and during the validity period of the Gift Voucher.
8. If the total amount of the order is higher than the value of the Gift Voucher(s) used, the difference must be paid with one of the other payment methods: credit card, iDEAL, Applepay or post-payment.
9. In the event that Shoe Loft refunds (part of) the invoice value on the basis of Article 9.2 of the General Terms and Conditions of Sale, a refund will be made if, in addition to one or more Gift Voucher(s), payment has also been made by means of Ideal, afterwards or by credit card. take place as much as possible by increasing the Gift Voucher balance in your account. If this is not sufficient, the remainder will be refunded by means of a cash refund of the (remaining) amount paid by means of an Ideal or credit card. If payment has only been made using one or more Gift Vouchers, a refund will be made in these cases by increasing the Gift Voucher balance.
10. It is not permitted to change, falsify, undermine or otherwise affect Gift Vouchers or their operation (including hacking).
11. Any (attempted) fraud or other unauthorized act will be recorded and will result in the use of Gift Vouchers being denied.
12. It is not permitted to use Gift Vouchers in any way for commercial purposes and/or purposes other than those for which they were issued.