TERMS & CONDITIONS

Terms and Conditions Shoe Footprint

Article 1: General Terms and Conditions

1. In the terms and conditions, the following terms will be used with the meanings specified below, unless explicitly mentioned otherwise:

• Offer: All written offerings to the Buyer for the delivery of products by the Seller where these terms and conditions are inextricably linked.
• Buyer: A natural legal person, non-trading in business or profession, who enters into an Agreement (at a distance) with the Seller.
• Agreement: The sales agreement (at a distance) that covers the sales and delivery of Products to the Buyer, purchased from Shoe Footprint.
• Products: The Products offered by Shoe Footprint, which are sneakers.
• Seller: The offeror of the Products to the Buyer, henceforth referred to as: Shoe Footprint.

Article 2: Applicability

1. These terms and conditions are applicable to all Offers of Shoe Footprint, all Agreements between Shoe Footprint and the Buyer, and all Products offered by Shoe Footprint.
2. Before an Agreement (at a distance) is concluded, the Buyer is granted access to the Terms and Conditions. If this is reasonably impossible, Shoe Footprint will inform the Buyer how to access the terms and conditions, which are published on the Shoe Footprint website, so that the Buyer can save them on a sustainable data carrier.
3. In exceptional cases, a deviation from these terms and conditions may occur if explicitly agreed to in writing with Shoe Footprint.
4. These terms and conditions also apply to additional, altered, and follow-up agreements with the Buyer. Any general or purchasing conditions of the Buyer are explicitly rejected.
5. If one or more provisions of these terms and conditions are found to be partially or completely void or annulled, the remaining provisions will remain applicable, and the void/annulled provision(s) will be replaced by a provision with the same scope as the original provision.
6. Ambiguities regarding the content, explanation, or unaddressed situations in these terms and conditions are to be reviewed and explained in accordance with the purpose of these terms and conditions.
7. Where these terms and conditions refer to “he/him/his,” it should also be understood as referring to “she/her/hers,” if applicable.

Article 3: The Offer

1. All Offers from Shoe Footprint are non-binding unless explicitly stated otherwise in writing. If an Offer is limited or subject to specific conditions, this will be explicitly mentioned in the Offer. An Offer exists only when recorded in writing.
2. Shoe Footprint is bound by the Offer if the Buyer accepts the Offer in writing within 14 days, or if the Buyer pays the owed amount. However, Shoe Footprint reserves the right to refuse an Agreement with a potential Buyer for a valid reason.
3. The Offer contains an accurate description of the offered Products along with the applicable prices. The description is written clearly enough to allow the Buyer to make an informed decision. Any errors or mistakes in the Offer cannot be held against Shoe Footprint. Images and specific data in the Offer are indicative only and cannot form the basis for any compensation or dissolution of the Agreement. Shoe Footprint cannot guarantee that the colors displayed in images exactly match the colors of the Product.
4. Delivery times and delivery terms mentioned in the Offer are indicative only and do not entitle the Buyer to compensation or dissolution of the Agreement if the time/terms are exceeded, unless explicitly agreed otherwise.
5. A quotation does not obligate Shoe Footprint to deliver the product at the discounted price for part of the quoted price.
6. Discounted Offers do not automatically apply to repeat orders. Discounts are based on stock availability and are valid on a “while supplies last” basis.
7. The current market value of Products may fluctuate, and therefore the quoted price may be adjusted accordingly.

Article 4: Establishment of the Agreement

1. The Agreement is concluded when the Buyer accepts the Offer by ordering a Product or making a payment to Shoe Footprint.
2. An Offer can be made by Shoe Footprint through its website.
3. When the Buyer accepts the Offer, Shoe Footprint will confirm the Agreement in writing or via email.
4. Shoe Footprint is not liable for errors in acceptance if the Buyer knowingly or reasonably should have known that the Offer contained an error or mistake.
5. The Buyer is entitled to exercise their right of withdrawal within the legal time frame. In such cases, the Buyer must handle the Product and packaging with care. The Product may only be unpacked or used to the extent necessary to establish the nature, characteristics, and functioning of the Product. The Buyer is responsible for the direct costs of returning the Product.

Article 5: Execution of the Agreement

1. Shoe Footprint will execute the Agreement according to their best insight and ability.
2. In case the Agreement requires third-party involvement, Shoe Footprint has the right to outsource certain activities to these third parties.
3. The Buyer is responsible for providing personal data, which Shoe Footprint indicates is necessary, or which the Buyer could reasonably understand is necessary for the execution of the Agreement, in a timely manner. If this data is not provided within the necessary timeframe, Shoe Footprint has the right to suspend the execution of the Agreement.
4. During the execution of the Agreement, Shoe Footprint is not obligated to follow any instructions from the Buyer that deviate from the content or scope of the Agreement. If such instructions cause additional work, the Buyer is responsible for compensating the additional costs.
5. Before executing the Agreement, Shoe Footprint may require the Buyer to provide security in the form of full prepayment.
6. Shoe Footprint is not responsible for damages, of any nature, resulting from reliance on inaccurate and/or incomplete personal data provided by the Buyer, unless the inaccurateness or incompleteness was previously known to Shoe Footprint.
7. The Buyer indemnifies Shoe Footprint from potential claims by third parties related to damages caused during the execution of the Agreement that are attributable to the Buyer.

Article 6: Delivery

1. If the start, progress, or delivery of the Agreement is delayed due to the Buyer’s failure to provide required information in a timely manner, insufficient cooperation, or failure to make prepayment, or due to other circumstances beyond Shoe Footprint’s control, Shoe Footprint has the right to extend the delivery term reasonably. All delivery terms are indicative and are not considered fatal. The Buyer must serve Shoe Footprint with a written statement to extend the delivery time. The Buyer has no right to compensation for delays in the execution of the Agreement.
2. The Buyer is obliged to accept the Products at the time stated in the Agreement, as well as in cases where the Products are available for early or late delivery as agreed.
3. If the Buyer refuses delivery or is negligent in providing information or instructions necessary for delivery, Shoe Footprint has the right to store the Products at the Buyer’s cost and risk.
4. If the Products are delivered by Shoe Footprint or an external carrier, Shoe Footprint has the right to charge delivery costs unless otherwise agreed upon in writing. The costs will be invoiced separately unless explicitly agreed otherwise.
5. If Shoe Footprint requires personal data from the Buyer for the execution of the Agreement, the delivery term will begin only after all required personal data is provided by the Buyer.
6. Any delivery term provided by Shoe Footprint is an indication. For deliveries outside the Netherlands, longer delivery terms apply.
7. Shoe Footprint has the right to deliver in parts unless otherwise agreed, and partial deliveries may be invoiced separately.
8. Deliveries will only be made after all invoices have been paid unless otherwise agreed in writing. Shoe Footprint reserves the right to deny delivery if there is a realistic risk of non-payment.

Article 7: Packaging and Transportation

1. Shoe Footprint is obliged to properly package the Products to ensure that they arrive in good condition under normal usage conditions.
2. Unless agreed upon in writing, all deliveries will include sales tax (VAT), packaging, and packaging materials.
3. Receipt of the delivery without comments or remarks on the shipping documents or receipt serves as evidence that the packaging was in good condition at the time of delivery.

Article 8: Examination, Complaints

1. Upon delivery, or within 14 days of receipt, the Buyer must inspect the Product and unpack or use it to determine whether they will keep it. The Buyer must assess whether the quality and quantity of the delivered Products are compliant with the Agreement and meet normal trade standards.
2. The Buyer must inform themselves on the correct usage of the Product and personally test the Product according to the user manual. Shoe Footprint is not liable for incorrect usage of the Product by the Buyer.
3. Any visible defects or shortcomings must be reported to Shoe Footprint at info.shoefootprint@gmail.com within 14 days of delivery. Non-visible defects must be reported within 14 days, with any appearance-related complaints reported within 6 months of delivery. If the Product is damaged due to negligent handling by the Buyer, the Buyer is solely responsible for the diminished value of the Product.
4. If a complaint is made in a timely manner, the Buyer is still obligated to pay for the purchased Products. If the Buyer wishes to return a defective Product, it can only be done with the prior written approval of Shoe Footprint, in accordance with the return instructions provided.
5. If the Buyer exercises the right of withdrawal, the Product and all attachments must be returned in their original condition and packaging, in the manner specified by Shoe Footprint. The direct cost and risk of returning the Product are borne by the Buyer. If the Product is not returned in its original packaging and with all accessories, the Buyer will be responsible for compensating the diminished value of the Product.
6. Shoe Footprint reserves the right to initiate an investigation into the authenticity and condition of returned Products before processing a refund.
7. Refunds to the Buyer will be made as soon as possible but may take up to 30 days after receipt of the returned shipment. Refunds will be made to the Buyer’s previously provided account.
8. If the Buyer exercises the right to complain, they are not entitled to suspend their payment obligations or settle outstanding invoices.
9. If there is a delivery shortfall or if multiple products are missing due to Shoe Footprint’s fault, Shoe Footprint will send a request to the Buyer to forward the missing Products or cancel the remaining order. The delivery receipt serves as proof. Any damage suffered by the Buyer due to delivery discrepancies cannot be charged to Shoe Footprint.

Article 9: Prices

1. The prices of the Products offered are subject to continuous market fluctuations and may vary on a daily or weekly basis.
2. The prices mentioned in the Offer are exclusive of VAT unless explicitly stated otherwise.
3. The prices mentioned in the Offer are based on the costs at the time of concluding the Agreement, including import and export duties, shipping and handling costs, insurance, levies, and taxes.
4. If the Products or raw materials are subject to price fluctuations on the financial market that are beyond Shoe Footprint’s control, the Products may be offered at fluctuating prices. The Offer will indicate that the prices are target prices and may vary.

Article 10: Payment and Collection Policy

1. Payment must be made in the currency stated on the invoice via the method specified.
2. The Buyer has no right to claim a pre-quoted budget unless both parties explicitly agree otherwise.
3. The Buyer must complete the payment in full to the account number and details provided by Shoe Footprint. A different payment term can only be agreed upon with explicit and written permission from Shoe Footprint.
4. If a periodic payment obligation has been agreed upon, Shoe Footprint reserves the right to adjust prices and tariffs with three months’ written notice.
5. In the case of bankruptcy or suspension of payment by the Buyer, all claims by Shoe Footprint are immediately due and payable.
6. Shoe Footprint has the right to apply payments made by the Buyer first towards reducing costs, then towards reducing accrued interest, and lastly towards reducing the principal sum. Shoe Footprint can refuse an offer of payment if the Buyer allocates the payment differently, and may refuse full payment if accrued interest and costs have not been settled.
7. The Buyer will receive a written payment reminder with a 14-day payment term. Failure to pay within this term may result in extra-judicial costs being applied.
8. From the date of default, Shoe Footprint is entitled to statutory (commercial) interest without further notice, from the first day of default until full payment is received. Extra-judicial costs will be calculated according to the graduated scale from the Dutch decision on compensation for extra-judicial collection costs dated 1st July 2012.
9. If Shoe Footprint incurs higher or additional costs that are reasonably necessary, these will also be recoverable. Additionally, judicial and enforcement costs are borne by the Buyer.

Article 11: Retention of Title

1. All Products delivered by ShoeFootprint remain the property of ShoeFootprint until the Buyer has fully complied with all obligations under the Agreement.
2. The Buyer is not allowed to pledge or encumber the Products, which are still under ShoeFootprint’s retention of title, in any way until ownership has fully transferred.
3. If a third party seizes the Products subject to retention of title, the Buyer must notify ShoeFootprint as soon as reasonably possible.
4. If ShoeFootprint exercises its retention of title rights as outlined in this Article, the Buyer grants ShoeFootprint or its appointed third parties unconditional and irrevocable permission to enter any location where ShoeFootprint’s property is stored in order to retrieve it.
5. ShoeFootprint has the right to withhold the purchased Products if the Buyer fails to meet their payment obligations. Once payment is fulfilled, ShoeFootprint will deliver the Products within 20 working days.
6. Any costs and damages resulting from withholding the purchased Products are the Buyer’s responsibility and must be compensated at ShoeFootprint’s first request.

Article 12: Warranty

1. ShoeFootprint guarantees that the Products conform to the Agreement, the specifications in the offer, usability, soundness, and legal requirements at the time the Agreement is made. This also applies to Products intended for use outside the Netherlands, provided the Buyer has notified ShoeFootprint in writing.
2. ShoeFootprint guarantees that all Products are authentic, belong to the brand under which they are offered, and are in new condition. ShoeFootprint explicitly does not offer second-hand Products.

Article 13: Suspension and Dissolution

1. ShoeFootprint has the right to suspend the fulfilment of obligations or dissolve the Agreement if the Buyer does not fulfill the (payment) obligations from the Agreement, either partially or completely.
2. Furthermore, ShoeFootprint has the right to dissolve the Agreement with the Buyer without legal intervention if the Buyer does not fulfill the obligations in a timely manner or at all.
3. ShoeFootprint also has the right to dissolve the Agreement without prior notice if the circumstances suggest that fulfilling the Agreement is impossible or unreasonable.
4. If the Agreement is dissolved, ShoeFootprint’s claims against the Buyer become immediately payable. If ShoeFootprint suspends its obligations, it retains its legal claims under the Agreement.
5. ShoeFootprint reserves the right to claim compensation.

Article 14: Limitation of Liability

1. If the execution of the Agreement by ShoeFootprint results in liability towards the Buyer or a third party, the liability is limited to the costs charged by ShoeFootprint in relation to the Agreement, unless the damage was caused by intent or gross negligence. ShoeFootprint’s liability is further limited to the amount covered by insurance per incident, per year.
2. ShoeFootprint is not liable for indirect damage, loss of profit, missed savings, or damages arising from the use of the delivered Products.
3. ShoeFootprint is not liable for damages resulting from improper use of the Products, as outlined in the provided maintenance and user manuals.
4. ShoeFootprint is not liable for errors, irregularities, or the unavailability of its website or linked websites.
5. ShoeFootprint does not guarantee the accurate or timely delivery of email content sent on its behalf.
6. Claims against ShoeFootprint expire if not reported in writing within one year of their occurrence.

Article 15: Force Majeure

1. ShoeFootprint is not liable for failure to fulfill its obligations due to force majeure, including circumstances beyond its control as defined by law.
2. Force majeure includes, but is not limited to, issues with suppliers, transportation, government actions, natural disasters, strikes, and internet failures.
3. ShoeFootprint may invoke force majeure if the circumstances arise after it is already obligated to fulfill the Agreement.
4. Both parties may suspend their obligations during the period of force majeure. If the force majeure lasts for more than two months, either party may dissolve the Agreement without liability.
5. If partial performance of the Agreement is possible, ShoeFootprint has the right to invoice the Buyer for the completed portion, which must be paid as a separate Agreement.

Article 16: Risk Transfer

The risk of loss or damage to the Products transfers to the Buyer once the Products are in the Buyer’s possession, meaning once the Products have been delivered to the Buyer’s specified delivery address.

Article 17: Privacy, Data Processing, and Security

1. ShoeFootprint handles the personal data of Buyers and website visitors with care. If requested, ShoeFootprint will provide information to the data subject.
2. If ShoeFootprint is required to provide additional security measures under the Agreement, these measures will align with the agreed specifications and consider the sensitivity of the data, the available technology, and associated costs.

Article 18: Complaints

1. If the Buyer is not satisfied with the Products or has complaints regarding the Agreement, they must notify ShoeFootprint as soon as possible, but no later than 14 days after the issue arises. Complaints can be submitted via info.shoefootprint@gmail.com with the subject line “Complaint.”
2. Complaints must be sufficiently substantiated and explained to allow ShoeFootprint to address them.
3. ShoeFootprint will respond to the complaint within 14 days of receipt.
4. Both parties will work together to find a solution.

Article 19: Applicable Law

1. All Agreements between ShoeFootprint and the Buyer are governed by Dutch law.
2. In case of discrepancies in interpretation of these terms and conditions, the Dutch language version prevails. ShoeFootprint reserves the right to unilaterally amend these terms and conditions.
3. All disputes between ShoeFootprint and the Buyer will be resolved by the competent court in Amsterdam, unless mandatory law dictates otherwise.

Amsterdam, 18th of May 2020