Terms and conditions
Version December 2014
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - The consumer's obligations during the cooling off period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs of this
Article 9 - The trader's obligations in the event of withdrawal
Article 10 - Exclusion from right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guarantee
Article 13 - Delivery and execution
Article 14 - Continuing performance contracts, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Supplementary and different provisions
Article 19 - Amendments to the Terms and Conditions
Article 1 - Definitions
The terms used in these conditions are defined as follows:
1. Supplementary contract: a contract whereby the consumer acquires products,
digital content and/or services in connection with a distance contract and these
products, digital content and/or services are supplied by the trader or by a third
party on the basis of an agreement between that third party and the trader;
2. Cooling off period: the period within which the consumer can exercise his right
of withdrawal.
3. Consumer: a natural person who is not acting for purposes relating to his trade,
business or professional activities;
4. Day: calendar day;
5. Digital content: data which is produced and delivered in digital form;
6. Continuing performance contract: a contract for the regular delivery of goods,
services and/or digital content over a specified period;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or
trader to store information addressed to them personally in a manner which
allows future reference or use during a period which is matched to the purpose for
which the information is intended, and which allows unaltered reproduction of the
stored information;
8. Right of withdrawal: the option for the consumer to withdraw from the contract
within the cooling off period;
9. Trader: a natural person or legal entity that offers products, (access to) digital
content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the trader and the consumer
in the context of an organised system for the distance selling of products, digital
content and/or services, whereby exclusive use is made of one or more
technologies for remote communication up to and including the conclusion of the
contract.
11. Model form for withdrawal: The European model form for withdrawal included
in Appendix I to these conditions;
12. Technology for communication at a distance: resource that can be used to
conclude a contract without the consumer and the trader having to meet at the
same time in the same place.
Article 2 - Identity of the trader
LaBeuf Shoes - Atelier Fryskes
Hoogte kadijk 14C
1018 BL Amsterdam
Mobile Telephone number: 00-31-612446645
Accessibility: from Monday to Friday from 10.00 am to 5.00 pm.
Email address: info@fryskes.com
Chamber of Commerce Amsterdam number: 34242583
VAT: NL819124412B01
Article 3 - Applicability
1. These general conditions govern all of the trader's offers and distance contracts
between the trader and the consumer.
2. The text of these general conditions must be made available to the consumer
before the distance contract is concluded. If this cannot reasonably be
considered possible, the trader will state prior to the distance contract being
concluded how the general conditions held by the trader can be viewed and that
they will be sent as soon as possible and free of charge at the consumer's
request.
3. If the distance contract is entered into by electronic means, contrary to the
previous paragraph and prior to the distance contract being concluded, the text of
these general conditions can be made available to the consumer by electronic
means in such a way that the consumer can easily store them on a durable data
carrier. If this cannot reasonably be considered possible, it will be stated prior to
the distance contract being concluded where the general conditions can be
viewed by electronic means and that they will be sent as soon as possible and
free of charge by electronic or other means at the consumer's request.
4. If specific product or service conditions are applicable in addition to these general
conditions, the second and third paragraphs will apply correspondingly and in the
event of conflicting conditions the consumer can at all times invoke the relevant
provision that is most favourable 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 will contain a complete and accurate description of the products, digital
content and/or services on offer. The description will be sufficiently detailed to
make it possible for the consumer to adequately evaluate the offer. If the trader
makes use of images they must accurately reflect the products, services and/or
digital content on offer. The trader is not bound by manifest errors in the offer.
3. The offer will contain details of any delivery restrictions and details of which
means of payment are accepted.
4. All offers will contain sufficient information to clarify the consumer's rights and
obligations if he accepts the offer.
Article 5 - The contract
1. Subject to the provisions of paragraph 4 the contract will be concluded by means
of the consumer’s acceptance of the offer and by meeting the conditions set in
that regard.
2. If the consumer has accepted the offer by electronic means, the trader will
immediately confirm receipt of the acceptance of the offer by electronic means.
The consumer can dissolve the contract for as long as the trader has not
confirmed receipt of this acceptance.
3. If the contract is formed by electronic means, the organisation will take
appropriate technical and organisational measures to protect the electronic
transfer of data and will provide a secure web environment. If the consumer is able
to pay by electronic means, the trader will put appropriate security measures in
place.
4. The trader is permitted - within the legal constraints - to ascertain whether the
consumer is able to meet his payment obligations as well as all of the facts and
factors which are important for entering into the distance contract responsibly. If
this investigation gives the trader good cause to decide against concluding the
contract, he will have the right to refuse an order or application, giving reasons, or
to attach special conditions to the execution of the contract.
5. The trader will provide the consumer with the following information in writing or in
such a way that the consumer can store it in an accessible manner on a durable
data carrier no later than the delivery of the product, or the prior to the
commencement of the service or digital content:
a. the identity of the trader and the visiting address of the trader's
establishment where the consumer can submit complaints (including a
telephone number, fax and email address, if available);
b. a complete and accurate description of the products, digital content and/or
services which are being contracted for;
c. the conditions under and the manner in which the consumer can exercise
the right of withdrawal, or a clear statement to the effect that there is no
right of withdrawal;
d. the information about guarantees and existing service following purchase;
e. the price of the product, service or digital content including all taxes; where
applicable, the costs of delivery; and the means of payment, delivery or
execution of the distance contract;
f. the requirements for terminating the contract if the contract has a duration of
more than one year or is for an indefinite period;
g. in the case of a contract for the sale of a product, a reminder that the trader
is under a legal duty to supply the product in conformity with the contract;
h. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In the case of a continuing performance contract, the provision of the previous
paragraph is applicable to the first delivery only.
Article 6 - Right of withdrawal
For products:
1. The consumer can dissolve a contract relating to the purchase of a product during
a cooling off period of 30 days without giving reasons. The trader may ask the
consumer for the reason for withdrawal, but he is not obliged to give his reason(s).
2. The cooling off period referred to in paragraph 1 commences on the day after the
consumer or a third party designated by the consumer in advance who is not the
shipper has received the product, or
a. if the consumer has ordered multiple products in a single order: the day on
which the consumer or a third party designated by him has received the last
product. The trader may refuse an order for multiple products with different
delivery times, provided that it has clearly informed the consumer of this
prior to the ordering process.
b. if the delivery of a product consists of various shipments of parts: the day on
which the consumer or a third party designated by him has received the
final shipment or the last part;
c. for contracts for regular delivery of products over a specified period: the day
on which the consumer or a third party designated by him has received the
first product.
For services and digital content which is not supplied on a physical carrier:
3. The consumer can dissolve a service contract and a contract for the delivery of
digital content which is not supplied on a physical carrier within 30 days without
giving reasons. The trader may ask the consumer for the reason for withdrawal,
but he is not obliged to give his reason(s).
4. The cooling off period referred to in paragraph 3 commences on the day following
the day on which the contract is concluded.
Extended cooling off period for products, services and digital content which is not supplied on a physical carrier if not informed about the right of withdrawal:
5. If the trader has not provided the consumer with the legally required information
about the right of withdrawal or the model form for withdrawal, the cooling off
period will end twelve months after the end of the original cooling off period
calculated in accordance with the previous paragraphs of this article.
6. If the trader has provided the information referred to in the previous paragraph
within twelve months of the start date of the original cooling off period, the cooling
off period will end 14 days after the day on which the consumer has received the
information.
Article 7 - The consumer's obligations during the cooling off period
1. The consumer will treat the product and the packaging with due care during the
cooling-off period. He will only unpack or use the product to the extent necessary
or in order to establish the nature, the characteristics and the working of the
product. The guiding principle is thereby that the consumer may only handle and
inspect the product as he would be able to in a shop.
2. The consumer is only liable for depreciation in the value of the product which
results from handling of the product which goes beyond that permitted in
paragraph 1.
3. The consumer is not liable for depreciation in the value of the product if the trader
has not provided him with all legally required information about the right of
withdrawal prior to or at the conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and the related costs
1. If the consumer exercises his right of withdrawal, he will notify this within the
cooling off period using the model form for withdrawal or in another unequivocal
way.
2. The consumer will send back the product or hand it to (an agent of) the trader as
soon as possible, but definitely within 14 days of the day following the notification
referred to in paragraph 1. This is not necessary if the trader has offered to collect
the product itself. The consumer will in any case be deemed to have respected
the return period if he returns the product before the end of the cooling off period.
3. The consumer will return the product with all the supplied accessories, where
reasonably possible in the original condition and packaging, and in accordance
with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof of correct and timely execution of the right of
withdrawal lies with the consumer.
5. The consumer will bear the direct costs of returning the product. If the trader has
not stated that the consumer must bear these costs or if the trader indicates that
it will bear the costs itself, the consumer is not required to bear the costs of
returning the product.
6. If the consumer exercises his right of withdrawal after first having expressly
requested that the performance of the service or the supply of gas, water or
electricity which has not been prepared for sale in a limited volume or specified
quantity commences during the cooling off period, the consumer is liable to pay
the trader a sum which is proportionate to the part of the contract which the
trader has fulfilled at the moment of withdrawal compared to the full execution of
the contract.
7. The consumer will not bear any costs for the performance of services or the
supply of gas, water or electricity which has not been prepared for sale in a
limited volume or specified quantity or for the supply of urban heating if:
a. the trader has failed to provide the consumer with the legally required
information about the right of withdrawal, the payment of costs in the event of
withdrawal or the model form for withdrawal, or
b. the consumer has not express asked for the commencement of the
performance of the service of the supply of gas, water, electricity or urban heating
during the cooling off period.
8. The consumer will not bear any costs for the full or partial delivery of digital
content not supplied on a physical carrier if:
a. he has not expressly agreed to the commencement of the fulfilment of the
contract before the end of the cooling off period prior to the delivery;
b. he has not acknowledged that he will lose his right of withdrawal by granting
his permission; or
c. the trader has failed to confirm this declaration by the consumer.
9. If the consumer exercises his right of withdrawal, all supplementary contracts will
be legally dissolved.
Article 9 - The trader's obligations in the event of withdrawal
1. If the trader makes it possible for the consumer to notify the withdrawal
electronically, it will send confirmation of receipt of this notification as soon as
possible after receiving it.
2. The trader will refund all payments by the consumer, including any delivery costs
charged by the trader for the returned product as soon as possible, but definitely
within 14 days of the day following the day on which the consumer notifies it of
the withdrawal. Unless the trader offers to collect the product itself, it can refrain
from making a refund until it has received the product or until the consumer
proves that he has returned the product, whichever is the earlier.
3. The trader will use the same payment method for the refund as that which the
consumer used, unless the consumer agrees to a different method. The refund
will be free of charge for the consumer.
4. If the consumer has opted for a more expensive delivery method than the
cheapest standard delivery, the trader is not required to refund the additional
costs for the more expensive method.
Article 10 - Exclusion from right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer or in good time prior to the conclusion of the contract:
1. Products or services (other than water, gas, electricity or district heating) of which
the price is subject to fluctuations in the financial market over which the trader
has no influence and which can occur within the right of withdrawal period
2. Contracts which are concluded during a public auction. A public auction refers to
a method of sale whereby products, digital content and/or services are offered by
the trader to the consumer who is present in person or has the option of being
present in person at the auction, led by an auctioneer, and whereby the
successful bidder is obliged to purchase the products, digital content and/or
services;
3. Service contracts, after full performance of the service, but only if:
a. the performance has started with the consumer's express prior permission;
and
b. the consumer has acknowledged that he will lose his right of withdrawal as
soon as the trader has fully performed the contract;
4. Service contracts for the provision of accommodation, if the contract specifies a
particular date or period of execution and other than for residential purposes,
goods transport, car hire services and catering;
5. Contracts relating to leisure activities, if the contract specifies a particular date or
period of execution;
6. Products produced to the consumer's specifications, which are not pre-fabricated
and which are produced on the basis of an individual choice or decision by the
consumer, or which are clearly intended for a specific person;
7. Products which perish quickly or have a limited shelf life;
8. Sealed products which for reasons of health protection or hygiene are not suitable
for returning and on which the seal is broken after delivery;
9. Products which by their nature are irrevocably mixed with other products after
delivery;
10. Alcoholic drinks for which the price is agreed when the contract is concluded,
but of which delivery can only take place after 30 days, and of which the actual
value depends on fluctuations in the market over which the trader has no
influence;
11. Sealed audio and video recordings and computer software on which the seal is
broken after delivery;
12. Newspapers and magazines, with the exception of subscriptions to these;
13. The delivery of digital content other than on a physical carrier, but only if:
a. the performance has started with the consumer's express prior
permission; and
b. the consumer has acknowledged that he thereby loses his right of
withdrawal.
Article 11 - The price
1. The prices of the products and/or services on offer will not be raised during the
period of validity stated in the offer, other than in the form of price changes
resulting from changes to VAT rates.
2. Contrary to the previous paragraph, the trader can offer products and services at
variable prices if their prices are related to fluctuations on the financial market and
over which the trader has no influence. This dependence on fluctuations and the
fact that the stated prices are indicative will be stated in the offer.
3. Price increases introduced within 3 months of the formation of the contract are
permitted only if they result from statutory regulations or provisions.
4. Price increases introduced within 3 months of the formation of the contract are
permitted only if the trader has stipulated this and
a. they are the result of statutory regulations or provisions; or
b. the consumer is empowered to terminate the contract with effect from the
date on which the price increase comes into effect.
5. The prices of the products or services in the offer include VAT.
Article 12 - Compliance and extra guarantee
1. The trader guarantees that the products and/or services meet the contractual
conditions, the specifications stated in the offer, the reasonable requirements of
soundness and/or usability and the statutory provisions and/or governmental
regulations in existence on the date on which the contract was formed. If agreed,
the trader also guarantees that the product is suitable for other than normal use.
2. An extra guarantee provided by the trader, its supplier, manufacturer or importer
will never affect the statutory rights and claims which the consumer can enforce
with respect to the trader under the contract if the trader has failed in its
compliance with its part of the contract.
3. An extra guarantee refers to any undertaking by the trader, its supplier, importer
or manufacturer in which the consumer is granted certain rights or claims which
go beyond what it is legally obliged to do if it has failed in its compliance with its
part of the contract.
Article 13 - Delivery and execution
1. The trader will take the greatest possible care in receiving and executing orders of
products and in assessing applications for the provision of services.
2. The place of delivery is the address that the customer has communicated to the
trader.
3. Subject to the provisions of article 4 of these general conditions, the trader will
execute accepted orders with due dispatch but within 30 days at the latest
unless a different delivery period has been agreed. If the delivery is delayed or if
an order cannot be completed or can be completed only in part, the consumer
will be informed of this 30 days at the latest after placing the order. In that case
the consumer will have the right to dissolve the contract without any charge and
the right to compensation for damages.
4. Following dissolution in accordance with the preceding paragraph the trader will
refund the amount that the consumer has paid without delay.
5. In the absence of express agreement to the contrary, the risk of damage to
and/or loss of the products will be borne by the trader until the time of delivery to
the customer or a representative made known to the trader beforehand.
Article 14 - Continuing performance contracts, termination and extension
Termination:
1. The consumer can at all times terminate a contract that has been entered into
for an indefinite period and which covers the regular delivery of products
(including electricity) or services, subject to the termination rules agreed in that
regard and a maximum notice period of one month.
2. The consumer can at all times terminate a contract that has been entered into
for a fixed period and which covers the regular delivery of products (including
electricity) or services with effect from the end of the fixed period, subject to the
termination rules agreed in that regard and a maximum notice period of one
month.
3. In the contracts provided for in the previous paragraphs, the consumer can at
all times:
- terminate them at all times without being limited to termination at a certain
time or within a certain period;
- terminate them in the same way as he entered into them;
- terminate them at all times observing the same notice period as that
stipulated by the trader for itself.
Extension:
4. A contract entered into for a fixed period and which covers the regular delivery
of products (including electricity) or services may not be automatically extended
or renewed for a fixed period.
5. Contrary to the previous section, a contract entered into for a fixed period
covering the regular delivery of daily newspapers, weekly publications and
magazines can be automatically extended for a fixed period of up to three months
if the consumer can terminate this extended agreement with effect from the end
of the extended period with a maximum notice period of one month.
6. A contract which is concluded for a fixed period and which covers the regular
delivery of products or services may only be extended indefinitely automatically if
the consumer can terminate at any time with a maximum notice period of one
month. The maximum notice period is three months if the contract covers the
regular delivery of daily newspapers, weekly publications and magazines less
than once a month.
7. A contract of limited duration for the regular introductory delivery of daily
newspapers, weekly publications and magazines (trial or introductory
subscription) will not be automatically renewed and ends automatically at the end
of the trial or introductory period.
Duration:
8. If a contract has a duration of more than one year, the consumer can terminate
the contract at all times after one year with a maximum notice period of one
month, unless the termination of the contract prior to the end of the agreed
duration is unfair and unreasonable.
Article 15 - Payment
1. Insofar as not stipulated otherwise in the contract or additional conditions, sums
owed by the consumer must be paid within 14 days of the start of the cooling off
period, or in the absence of a cooling off period within 14 days of the conclusion
of the contract. In the case of a contract for the provision of a service, this period
begins on the day after the consumer has received confirmation of the contract.
2. In the case of the sale of products to consumers, the general conditions must
never require the consumer to make an advance payment of more than 50%. If an
advance payment is stipulated, the consumer cannot invoke any rights
whatsoever concerning the form of the relevant order or service (or services) until
the stipulated advance payment has been made.
3. The consumer is obliged to report any inaccuracies in issued or stated payment
details to the trader without delay.
4. If the consumer fails to comply with his payment obligation(s) on time, he will -
after having been alerted to the overdue payment by the trader and the trader
having granted the consumer a period of 14 days to still fulfil his payment
obligations, in the absence of payment within this 14 day period - be liable for
interest on the outstanding sum at the rate of 3% above [Barclays or other UK
bank’s] base rate. The trader will be entitled to charge the extrajudicial collection
costs which it has actually incurred, in the event that these exceed £40. These
collection costs will not exceed: 15% on outstanding sums up to £2,500; 10% on
the next £2,500, and 5% on the next £5,000. The trader can deviate from the
specified amounts and percentages in the consumer's favour.
Article 16 - Complaints procedure
1. The trader has a sufficiently publicised complaints procedure and settles
complaints in accordance with this complaints procedure.
2. Complaints about the execution of the contract must be submitted with due
despatch to the trader in full and clearly described.
3. Complaints submitted to the trader will be responded to within a period of
14 days from the date of receipt. If a complaint calls for a foreseeably
longer processing period, the trader will respond within the 14-day period
with a confirmation of receipt and an indication of when the consumer can
expect a more detailed response.
Article 17 - Disputes
These terms and conditions and all contracts between the consumer and the trader shall be governed and construed in accordance with the laws of England. In the event of a dispute or claim the consumer can refer his complaint to the HEMA Customer Service in order to seek an amicable solution. If the parties fail to reach an amicable solution, the dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
Article 18 - Supplementary and different provisions
Supplementary conditions or conditions contrary to these general conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that the consumer can easily store them on a durable data carrier.
Article 19 - Amendments to the Terms and Conditions
The trader will be entitled to amend these terms and conditions form time to time. The most recent version or the terms and conditions will be placed on the website. Amendments to these terms and conditions shall not come into effect until they have been published in an appropriate manner, subject to the provision that in the event of amendments being made during the course of an offer, the most favourable stipulation for the consumer will take precedence.
Appendix 1: Model form for withdrawal
Model form for withdrawal
(only complete and return this form if you wish to withdraw from the contract)
To:
Atelier Fryskes
Hoogte kadijk 14C,1018 BL Amsterdam
The Netherlands
info@fryskes.com
I/We* hereby inform you that I/we* withdraw from our contract relating to
the sale of the following products: _______________________________*
the delivery of the following digital content: ________________________*
the performance of the following service: __________________________*
Ordered on*/received on*_______________________________________
[Name of consumer(s)] _________________________________________
[Address of consumer(s)]________________________________________
[Signature of consumer(s)] _______________________________________
(only if this form is submitted in hard copy)
* Delete or fill in as applicable.
