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Terms and Conditions

Article 1 - Definitions


The following definitions apply in these terms and conditions:

1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;

2. Consumer: the natural person who does not act in the exercise of a profession or business and a

enter into a distance agreement with the entrepreneur;

3. Day: calendar day;

4. Duration transaction: a distance agreement with regard to a series of products and / or

services, the delivery and / or purchase obligation of which is spread over time;

5. Sustainable data carrier: any means that enables the consumer or entrepreneur to

store information addressed to him personally in a way that future

allows consultation and unaltered reproduction of the stored information;

6. Right of withdrawal: the possibility for the consumer to withdraw from the

distance agreement;

7. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;

8. Distance contract: an agreement in the context of a contract made by the entrepreneur

organized system for distance selling of products and / or services, up to and including

use of one or more techniques for concluding the agreement

remote communication;

9. Technology for distance communication: means that can be used to close a

agreement, without the consumer and entrepreneur being in the same room at the same time

Article 2 - Identity of the entrepreneur
Name of entrepreneur:

Recap Footwear B.V.

Location address:

Riddergang 9

3811 DB Amersfoort

Tel: +31 (0) 33 445 1555

Mail: [email protected]

Chamber of Commerce number: 32077883

VAT number: NL812019118B01

If the entrepreneur's activity is subject to a relevant licensing system: the data about the supervisory authority.

If the entrepreneur carries out a regulated profession:

• the professional association or organization to which it is affiliated;

• the professional title, the place in the EU or the European Economic Area where it is

awarded;

• a reference to the professional rules that apply in the Netherlands and instructions

where and how these professional rules are accessible.

 

Article 3 - Applicability


1. These general terms and conditions apply to every offer from the entrepreneur and to every

Distance agreement concluded between entrepreneur and consumer.

2. Before the distance agreement is concluded, the text of this general

conditions made available to the consumer. If this is not reasonably possible,

before the remote agreement is concluded, it will be indicated that the general

conditions can be viewed at the entrepreneur and they will be sent as soon as requested by the consumer

may be sent free of charge.

3. If the distance contract is concluded electronically, this may deviate from the previous one

member and before the distance contract is concluded, the text of this general

conditions are made available to the consumer electronically on

in such a way that it can be made simple by the consumer

stored on a durable data carrier. If this is not reasonably possible,

before the distance contract is concluded, the location of the

general conditions can be read electronically and that they are on

at the request of the consumer by electronic means or by other means

forwarded.

4. In the event that in addition to these general terms and conditions also specific product or

terms and conditions apply, the second and third paragraphs apply accordingly

application and the consumer can always act in the event of conflicting general terms and conditions

invoke the applicable provision that is most favorable to him.

 

Article 5 - The agreement


1. The agreement is concluded at the time, subject to the provisions of paragraph 4

of the consumer's acceptance of the offer and the compliance thereof

conditions.

2. If the consumer has accepted the offer electronically, the

entrepreneur immediately by electronic means the receipt of acceptance of the

offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur,

the consumer terminate the agreement.

3. If the agreement is concluded electronically, the entrepreneur will find appropriate technical

and organizational measures to secure the electronic transfer of data and

he ensures a safe web environment. If the consumer can pay electronically, the

entrepreneur must take appropriate security measures.

4. The entrepreneur can - within the law - inform himself or the consumer

can meet its payment obligations, as well as all those facts and factors that are important

for a responsible conclusion of the distance agreement. If the entrepreneur based

he has good reasons not to enter into the agreement, he is entitled

motivated to refuse an order or request or to implement special conditions

to connect.

5. The entrepreneur will disclose the following information to the consumer in writing (or in such a way that it can be read or stored by the consumer in an accessible manner):

a. the visiting address of the establishment of the entrepreneur where the consumer with complaints

can go;

b. the conditions under which and the way in which the consumer has the right of withdrawal

can make use of, or a clear statement regarding the exclusion of

right of withdrawal;

c. the information about guarantees and existing service after purchase;

d. the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur requires this

has already provided the consumer with information before the performance of the contract;

e. the requirements for canceling the agreement if the agreement has a duration

is of more than one year or of an indefinite duration;

6. In the case of an extended transaction, the provision in the previous paragraph applies only to the

first delivery.

 

Article 6 - Right of withdrawal


When delivering products:

1. When purchasing products, the consumer has the option of without the agreement

statement of reasons to dissolve during 14 days. This reflection period starts on the day

after receipt of the product by the consumer or pre-designated by the consumer

and a representative made known to the entrepreneur.

2. During the cooling-off period, the consumer will handle the product and the packaging with care.

He will only unpack or use the product to the extent necessary to

be able to assess whether he wants to keep the product. If he has his right of withdrawal

makes use of, he will provide the product with all accessories supplied and - if reasonably

possible - return to the entrepreneur in the original condition and packaging, in accordance with the

the entrepreneur provided reasonable and clear instructions.

Upon delivery of services:

3. Upon delivery of services, the consumer has the option to enter the contract without giving up

of reasons to dissolve for at least fourteen days, starting on the day of the

entering into the agreement.

4. To make use of his right of withdrawal, the consumer will focus on the information provided by the

entrepreneur provided reasonable and clear information on the offer and / or at the latest on delivery

instructions

 

Article 7 - Costs in case of withdrawal


1. If the consumer makes use of his right of withdrawal, the costs will not exceed

return shipping cost.

2. If the consumer has paid an amount, the entrepreneur will within 14 days,

after cancellation or return, refund.

 

Article 8 - Exclusion of the right of withdrawal


1. The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraph 2

and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this

has stated the offer, at least in time for the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

a. that have been established by the entrepreneur in accordance with specifications of the

consumer;

b. that are clearly personal in nature;

c. that cannot be returned due to their nature;

d. that can spoil or age quickly;

e. whose price depends on fluctuations in the financial market on which the

entrepreneur has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer seals

has broken.

3. Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant business or leisure activities to be performed on a

certain date or during a certain period;

b. whose delivery has begun with the express consent of the consumer before the

reflection time has expired;

c. concerning bets and lotteries.

 

Article 9 - The price


1. During the validity period stated in the offer, the prices of the offered

products and / or services not increased, subject to price changes as a result of

changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur may offer products or services the prices of which

are subject to fluctuations in the financial market and where the entrepreneur has no influence

on offer with variable prices. This commitment to fluctuations and the fact

that any stated prices are target prices are stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only

allowed if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only

allowed if the entrepreneur has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the authority to cancel the contract with effect from the day

which the price increase takes effect.

5. The prices stated in the range of products or services include VAT.

6. The prices on the webshop may differ from the prices in the store (s) or offer via other website platforms due to possible individual promotions. If you buy, you accept the purchase amount and we are not obliged to reimburse the difference in such a case

 

Article 10 - Conformity and 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 existing on the date of the conclusion of the agreement

legal provisions and / or government regulations. The entrepreneur stands if agreed

also ensure that the product is suitable for other than normal use.

2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal provisions

rights and claims against the consumer under the contract

entrepreneur can assert.

 

Article 11 - Delivery and implementation


1. The entrepreneur will take the greatest possible care when receiving it

and when executing product orders and when assessing applications up to

provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. With due observance of what is stated in article 4 of these general terms and conditions,

The company will accept accepted orders with due speed but at the latest within 30 days

unless a longer delivery period has been agreed. If the delivery is delayed

or if an order cannot or only partially be executed,

the consumer receives notification of this no later than 30 days after he has placed the order.

In that case the consumer has the right to terminate the contract without costs and

right to possible compensation.

4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will charge the amount to the consumer

has paid back within 14 days after termination.

5. If delivery of an ordered product turns out to be impossible, the entrepreneur will

to make a replacement item available. At the latest on delivery will be on

clear and comprehensible manner that a replacement item is delivered.

For replacement items right of withdrawal can not be excluded. The cost of a

any return shipment in this case will be borne by the entrepreneur.

6. The risk of damage and / or loss of products rests with the entrepreneur

time of delivery to the consumer or a pre-designated and to the entrepreneur

announced representative, unless expressly agreed otherwise.

 

Article 12 - Duration transactions: duration, cancellation and extension
Cancellation

 

1. The consumer may enter into an agreement that has been entered into for an indefinite period of time and that extends to it

regular delivery of services, cancel at all times with due observance

agreed cancellation rules and a cancellation period of at most one month.

2. The consumer may enter into a contract that has been entered into for a definite period and that extends to it

regular delivery services, cancel at any time by the end of the specified duration with

taking into account agreed cancellation rules and a cancellation period of at

one month at most.

3. The consumer can the agreements mentioned in the previous paragraphs:

a. cancel at all times and not be limited to cancellation at a specific time or in a

certain period;

b. at least cancel in the same way as they are entered into by him;

c. always cancel with the same cancellation period as the entrepreneur has stipulated for himself.

Extension

4. An agreement that has been entered into for a definite period and that extends to regular delivery

of services may not be tacitly extended or renewed for a specified duration.

5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period of time may be

extends to the regular delivery of daily, news and weekly newspapers and magazines tacitly

be extended for a specified duration of up to three months if the consumer

can terminate the extended agreement at the end of the extension with a notice period

of one month at most.

6. An agreement that has been entered into for a definite period and that extends to regular delivery

of services, may only be tacitly renewed indefinitely if the consumer

may cancel at any time with a notice period of at most one month and a notice period

of at most three months in case the agreement extends to settled, but less than

once a month, delivery of daily, news and weekly newspapers and magazines.

7. Agreements with a limited duration for the regular delivery of daily

news and weekly newspapers and magazines (trial or introductory subscription) will not be

tacitly continued and ends automatically after the trial or introductory period.

Expensive

8. If an agreement has a duration of more than one year, the consumer may after a year

cancel the agreement at any time with a notice period of at most one month, unless

the reasonableness and fairness are against cancellation before the end of the agreed duration

resist.

 

Article 13 - Payment


1. Unless otherwise agreed, the amounts owed by the consumer serve

to be met before shipment of a product and at the latest within 14 days after the commencement of

the reflection period as referred to in Article 6, paragraph 1.

In the case of an agreement to provide a service, this term starts

after the consumer has received the confirmation of the agreement.

2. When selling products to consumers, general terms and conditions may never include one

payment in advance of more than 50%. When prepayment is stipulated, it is possible

assert the consumer no rights regarding the implementation of the relevant

order or service (s), before the stipulated advance payment has been made.

3. The consumer has a duty to correct inaccuracies in payment data provided or specified

immediately inform the entrepreneur.

4. In the event of non-payment on the part of the consumer, the entrepreneur has legal provisions

restrictions, the right to enter reasonable reasonable costs made known to the consumer in advance

to charge.

 

Article 14 - Complaints


1. The entrepreneur has a well-publicized complaints and deals with complaints

the complaint in accordance with this complaints procedure.

2. Complaints about the implementation of the agreement must be timely and complete

clearly described and submitted to the entrepreneur after the consumer has the defects

has found. Defects caused by the consumer, the wrong wearing and / or wrong

treat are not eligible for reimbursement.

3. Complaints submitted to the entrepreneur will be calculated within a period of 14 days from

answered the date of receipt. As a complaint, a foreseeable longer processing time

asks, the entrepreneur will reply with a message within the period of 14 days

of receipt and an indication when the consumer can receive a more detailed answer

expect.

4. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is amenable

for the dispute settlement.

 

Article 15 - Disputes


1. On agreements between the entrepreneur and the consumer on which these general terms and conditions

only Dutch law applies.

2. Disputes between the consumer and the entrepreneur about the creation or implementation of

agreements with regard to products to be delivered or delivered by this entrepreneur and

services, may, subject to the provisions of the following, both by the consumer and the

be submitted to the Disputes Committee

3. A dispute will only be handled by the Disputes Committee if the

the consumer has first submitted his complaint to the entrepreneur within a reasonable time.

4. No later than three months after the dispute has arisen, the dispute must be submitted in writing to the

Disputes committee to be brought.

5. If the consumer wants to submit a dispute to the Disputes Committee, the

entrepreneur bound by this choice. When the entrepreneur wants to do that, the consumer will

within five weeks of a written request from the entrepreneur, in writing

must state whether he so wishes or whether the dispute should be dealt with by the

competent court. Does the entrepreneur not hear the consumer's choice within the

period of five weeks, the entrepreneur is entitled to submit the dispute to the

competent court.

6. The Disputes Committee makes a decision under the conditions as laid down in the

Rules of the Disputes Committee. The decisions of the Disputes Committee

by binding advice.

7. The Disputes Committee will not deal with a dispute or discontinue its handling if the

Entrepreneur has been granted a moratorium, has been or is in bankruptcy

has actually terminated its business activities before a dispute by the committee at the session

has been dealt with and a final judgment has been given.

8. If in addition to the Disputes Committee, another recognized person or at the Foundation

Consumer Affairs Disputes Committees (SGC) or the Financial Complaints Institute

Services (Kifid) affiliated disputes committee is competent for disputes

mainly concerning the method of distance selling or services

Disputes committee exclusively competent. For all other disputes the other

recognized disputes committee affiliated with SGC or Kifid.

 

Article 16 - Privacy


If you accept the general terms and conditions then you agree that we store your data and use it internally. To see which data we store and what it is used for, we refer you to our privacy policy on our website www.recap.nl (at the bottom of the page).

 

Article 17 - Additional or different 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 in an accessible manner on a durable medium.

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