TERMS AND CONDITIONS

General terms and conditions of sale and delivery of Dutch'D, filed with the Chamber of Commerce in Brabant under number 75805847

SECTION 1. GENERAL

1.1. These terms and conditions apply to all offers and agreements for the purchase/sale of items and/or orders and services of Dutch'D.

1.2. Additions to or deviations from these terms and conditions must be agreed in writing and apply only to the agreement for which they were made.

1.3. The rights and obligations arising from agreements between Dutch'D and the other party cannot be transferred by the other party to third parties, unless Dutch'D agrees to this in writing.

1.4. Dutch'D does not accept any other general terms and conditions, including those of the other party, unless an alternative agreement has been concluded in writing and confirmed by Dutch'D.

1.5. In addition to these general terms and conditions, our shipping policy and our returns policy, as published on the website, apply. In the event of any conflict, the shipping policy and the returns policy prevail.

SECTION 2. OFFERS

2.1. All offers are entirely without obligation and valid while stocks last. An offer that includes a time limit may nevertheless be withdrawn by Dutch'D, even after receipt of the order, provided this is done within five working days of receipt of that order.

2.2. In official lists or on the internet (website), quotations and other documents, quantities, weights, dimensions, prices and the like are stated for information purposes only. Although the main characteristics of products are stated as accurately as possible, they only give an approximate indication and are not binding on Dutch'D.

SECTION 3. AGREEMENTS

3.1. An agreement is only deemed legally valid once Dutch'D has confirmed the order in writing or has started carrying out the order. The content of the agreement is determined by the quotation and/or order confirmation of Dutch'D and these general terms and conditions.

3.2. If a different order is placed after the order has been given, the originally agreed delivery period lapses.

3.3. The other party and Dutch'D expressly agree that a valid agreement is concluded through the use of electronic means of communication as soon as the conditions set out in clauses 3.1 and 3.2 have been met. In particular, the absence of a signature does not affect the binding force of the offer and its acceptance.

3.4. There is no minimum order. The shipping costs and the amount from which an order is shipped free of charge differ per country. These are listed in our shipping policy and are shown at checkout before the order is placed.

SECTION 4. PRICES

4.1. All quotations and prices provided by Dutch'D are stated in euros and include VAT and other costs falling within the scope of the agreement, such as levies.

4.2. Delivery costs are not included in the price, unless stated otherwise. For orders to countries outside the European Union, import duties and local taxes may apply; these are payable by the other party.

4.3. If, after the agreement has been concluded, a change occurs in the prices of materials, taxes and/or other factors that partly determine the price of the goods, Dutch'D is entitled to pass on these price changes. Price changes of more than 10% give the other party the right to dissolve the agreement, provided the other party does so in writing within seven days of receiving the relevant notification. A dissolution as referred to above does not entitle the other party to compensation for any damage.

SECTION 5. PAYMENT

5.1. For orders via the website, it is possible to pay using the payment options stated on the site. The terms and conditions of the relevant card issuer or bank apply to payments with a credit card or electronic payment method issued by a third party. Payments by invoice are made, unless expressly agreed otherwise, within seven days of the invoice date.

5.2. After the payment term in clause 1 of this article has expired, the other party is in default by operation of law without notice of default being required, regardless of whether or not the late payment can be attributed to the other party.

5.3. Without prejudice to its other enforceable rights, Dutch'D is then entitled to charge interest of 1.5% per month or part of a month on the outstanding amount, calculated from the relevant due date.

5.4. All extrajudicial and judicial costs incurred by Dutch'D in connection with a dispute with the other party, whether as claimant or as defendant, are borne by the other party.

5.5. Incoming payments are applied to the oldest outstanding item and interest costs, even if the other party indicates otherwise.

SECTION 6. COOLING-OFF PERIOD, RETURNS AND CANCELLATION

6.1. If the other party is a consumer, they have the right to withdraw from the agreement within 14 days of receiving the product without giving any reason. This right of withdrawal also applies to discounted products. Businesses are excluded from this right.

6.2. During the cooling-off period, the consumer may only unpack and inspect the product as they would be allowed to in a store. The product must be returned complete, undamaged (in original condition) and in its original packaging; for footwear, the sole must be clean. If the product has been used beyond what was necessary to assess it, Dutch'D may deduct the reduction in value from the refund.

6.3. The costs of returning are arranged as follows (see also our returns policy):
- Netherlands, Belgium and Germany: returning full-price items is free with the included return label. For discounted items, a return fee of €6.95 is deducted from the refund.
- Other EU countries: for each return shipment, a return fee is deducted from the refund: €9.95 for France, Austria, Luxembourg, Poland and Denmark; €12.95 for Italy, Spain, Portugal, Sweden, Finland, Czech Republic, Slovakia, Slovenia, Hungary and Croatia; €14.95 for Greece, Ireland, Estonia, Latvia, Lithuania, Romania, Bulgaria, Malta and Cyprus.
- Exchanging for a different size is free in all EU countries.
- Countries outside the EU: the consumer arranges and pays for the return shipment themselves.
- Items that have previously been exchanged can no longer be returned free of charge; in the Netherlands, Belgium and Germany a return fee of €9.95 is deducted for this, in the other EU countries the return fee of the country concerned.
- If the product is defective or an incorrect product has been delivered, Dutch'D always covers the return costs.

6.4. If the consumer received a free gift when purchasing shoes and returns the shoes, the gift must be returned as well. If the gift is not returned, the full price of the gift will be deducted from the refund.

6.5. If the consumer exercises the right of withdrawal, Dutch'D will refund the purchase price, minus the amounts referred to in clauses 3 and 4, as soon as possible and at the latest within 14 days of the notification of withdrawal. Dutch'D may withhold the refund until it has received the product.

6.6. In the event of cancellation by businesses, all costs incurred by Dutch'D in connection with the assignment or order, as well as lost profit, may be claimed immediately, with a minimum of 10% of the principal sum, increased, where necessary, by the damage suffered by Dutch'D as a result of the cancellation.

SECTION 7. DELIVERY DATE, DELIVERY AND RISK

7.1. In principle, Dutch'D endeavours to ship orders placed on a working day before 21:00 on the same day. The delivery date in the agreed quotation or order confirmation is not a strict deadline and is only given as an approximation, even if the other party expressly accepts this delivery date.

7.2. If the other party is not at home at the time of delivery, the goods will be offered again the following day. In both cases, the carrier will leave a note stating that the delivery can be collected at the post office.

7.3. Different conditions may apply to deliveries abroad.

7.4. The stated or agreed delivery date is in any event automatically, but not exclusively, extended by the period(s) during which:

- There is a delay in manufacturing and/or shipping and/or any other circumstance that temporarily prevents performance, regardless of whether or not this can be attributed to Dutch'D.

- The other party fails to fulfil one or more of its obligations towards Dutch'D or there is well-founded fear that it will fail to do so, regardless of whether or not the reasons for this are justified.

- The other party makes it impossible for Dutch'D to perform the agreement; this situation arises, for example, if the other party fails to provide the place of delivery.

7.5. The other party must accept and inspect the goods purchased from Dutch'D (see warranty). If the other party refuses to accept these goods or if delivery turns out not to be possible, Dutch'D will store the goods at the expense and risk of the other party. The storage costs will be charged to the other party. Dutch'D will claim performance, but reserves the right to dissolve the agreement without judicial intervention, without prejudice to its right to compensation.

7.6. If it is not possible to deliver an order due to the client (e.g. wrong address/wrong name/not collected at the agreed location), we will charge a contribution to the shipping costs of €6.95.

SECTION 8. PERFORMANCE OF THE AGREEMENT

8.1. Dutch'D will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

8.2. Dutch'D is entitled to outsource the order, or parts of it, to third parties not employed by Dutch'D, or to have it carried out by them, all without the consent of the other party.

8.3. The other party ensures that all data which Dutch'D indicates are necessary for the performance of the agreement, or which the other party should reasonably understand to be necessary, are provided to Dutch'D in good time. If the data required for the performance of the agreement have not been provided to Dutch'D in good time, Dutch'D has the right to suspend the performance of the agreement.

SECTION 9. WARRANTY/COMPLAINTS

9.1. Dutch'D guarantees that all goods are suitable and legally permitted for the purpose for which they are intended and that they comply with the agreed specifications.

9.2. Subject to what is provided elsewhere in these terms and conditions, Dutch'D guarantees the soundness and quality of the products it supplies. If a product turns out to be unsuitable for use due to damage during shipping, or if it does not correspond to what was ordered, the other party has the option of returning this product. In that case, Dutch'D will cover the return costs.

9.3. The warranties relating to the items supplied lie with the manufacturer of the items concerned.

9.4. Before using the items supplied, the other party is obliged to read the manufacturer's instructions and advice enclosed with the items.

9.5. It is not possible to submit a complaint if:

- The goods supplied show one or more imperfections or deviations that fall within a reasonable tolerance.

- The goods are used for a purpose other than that for which they are normally intended, or, in the opinion of Dutch'D, the goods have been used, stored or transported improperly.

- The damage was caused by negligence of the other party or because the other party acted contrary to instructions, directions and advice given by Dutch'D.

- The other party has not fulfilled its obligations towards Dutch'D (whether financial or otherwise).

9.6. If the other party submits a complaint in writing within five days of receipt, in accordance with the provisions of the relevant agreement and these general terms and conditions, and Dutch'D finds this complaint justified, Dutch'D will, at its discretion, either replace the defective goods in whole or in part (the replaced goods then become its property) or grant a price reduction.

9.7. Submitting a complaint does not suspend the payment obligation of the other party.

9.8. If attention is paid to a complaint outside the cases mentioned above, this is done entirely voluntarily and the other party cannot derive any rights from it.

SECTION 10. INSPECTION

Dutch'D inspects all goods before delivery. The other party has the right to inspect the goods at its own expense at the time and place determined by Dutch'D.

SECTION 11. TERMINATION/DISSOLUTION/SUSPENSION

11.1. Dutch'D is entitled to terminate the agreement in whole or in part with immediate effect and without judicial intervention, or to suspend its performance, without prejudice to its other rights (to performance and/or compensation), if:

- The other party acts in breach of any provision in the agreement between the parties.

- The other party dies, applies for a suspension of payments or makes a declaration of liquidation, or a petition for liquidation is filed or an attachment is levied on any asset of the other party.

11.2. The provisions of clause 1 of this article apply accordingly if, in the opinion of Dutch'D, the other party fails to provide adequate security within seven days of being invited to do so in writing.

SECTION 12. RETENTION OF TITLE

12.1. Delivery cash on delivery takes place under retention of title, and the product becomes the property of the other party upon full payment.

SECTION 13. LIABILITY

13.1. Dutch'D is not liable for damage resulting from a failure to fulfil its obligation(s) towards the other party. Fulfilment of the warranty/complaint obligations described in article 9 above is the sole and exclusive form of compensation. Any other claim for compensation, on whatever grounds, is excluded, unless there is intent or gross negligence on the part of Dutch'D or its management.

13.2. Nor is Dutch'D liable for intent or (gross) negligence of (non-managerial) staff or others it engages in the performance of the agreement.

13.3. Dutch'D accepts no liability for advice given by or on behalf of Dutch'D.

13.4. The other party must always give Dutch'D the opportunity to settle a complaint. Otherwise, the claim to liability and compensation lapses.

SECTION 14. FORCE MAJEURE

14.1. In these general terms and conditions, force majeure means any circumstance beyond the will and control of Dutch'D, whether or not this circumstance was foreseeable at the time the agreement was concluded, as a result of which performance of the agreement cannot reasonably be required of Dutch'D. Such circumstances include war, government measures, shortage of raw materials, any disruptions in manufacturing or transport, strikes, lockouts, staff shortages, quarantine, epidemics, loss of time due to frost, shortcomings of third parties engaged by Dutch'D for the performance of the agreement (such as late deliveries by suppliers), etc.

14.2. Force majeure gives Dutch'D the right either to dissolve the agreement in whole or in part or to suspend the fulfilment of its obligations without being obliged to pay any compensation. The other party remains obliged to pay for the part of the agreement already performed.

SECTION 15. PERSONAL DATA

Dutch'D will process all data and information of the other party exclusively in accordance with its privacy policy.

SECTION 16. PARTIAL INVALIDITY

If any provision of this agreement with the other party is not or only partially legally valid, the other provisions remain fully in force. The invalid provisions will be replaced by an appropriate and valid arrangement that corresponds as closely as possible, legally and factually, to the intention of the parties and the economic result they pursued.

SECTION 17. PLACE OF PERFORMANCE, APPLICABLE LAW AND COMPETENT COURT

17.1. The place of business of Dutch'D is the place where the other party must fulfil its obligations towards Dutch'D, unless mandatory provisions prevent this.

17.2. Dutch law applies exclusively to all offers and agreements of Dutch'D.

17.3. All disputes arising from the agreement concluded between the other party and Dutch'D, or from further agreements that may result from it, will be settled by the competent court.