General terms and conditions ROKA branches Haarlem, Rotterdam, Tilburg, Enschede, Groningen
INretail General Terms and Conditions for the fashion and shoe industry
Article 1 DEFINITIONS
In these terms and conditions, the following definitions apply:
a. entrepreneur: any natural or legal person who, as a member of the INretail association, operates a fashion and/or shoe retail business;
b. consumer: a natural person who, not acting in the exercise of a profession or business, purchases fashion items and/or shoes as a customer or gives them for repair from the entrepreneur;
c. fashion articles and/or shoes also include other articles related to these sectors insofar as they are sold by the entrepreneur referred to under a.;
d. INretail association: association of entrepreneurs in the residential, fashion, sports and shoe retail trade, established in Zeist;
Article 2 APPLICABILITY
These terms and conditions apply to purchase agreements and to agreements for making and/or modifying/repairing fashion items and shoes, which are concluded between an entrepreneur and a consumer.
Article 3 OFFERS
Unless otherwise stated or agreed otherwise, quotations are valid for two weeks from the date of receipt.
Article 4 PREPAYMENT
The entrepreneur is entitled to request an advance payment up to a maximum of 50% of the purchase amount when entering into the agreement. This must be agreed in writing. If a purchase price is paid in full, the entrepreneur will provide the consumer with a receipt and proof of ownership. In the absence of a written agreement and/or receipt/proof of ownership, the amount of the amount to be paid in advance, the amount paid and/or the ownership can be proved by the parties by legal means.
Article 5 EXCHANGE
1. Unless otherwise agreed, the consumer is entitled to exchange the purchased fashion item and/or the purchased shoes, provided the following conditions are met:
– exchange takes place within 8 days (or if otherwise agreed: within the agreed term) after purchase of the purchased fashion item and/or the shoes upon presentation of the original receipt or invoice;
– the fashion item and/or the shoes are returned with the original packaging and have not yet been worn;
2. The provisions of paragraph 1 do not apply to discounted fashion items and/or shoes. It is also not possible to exchange fashion items and/or shoes that are individualized, i.e. specially tailored or otherwise adapted for the consumer, and for items ordered by the entrepreneur at the consumer’s express request.
Article 6 RETENTION OF TITLE AND RIGHT OF RETENTION
1. The entrepreneur can reserve the ownership of all fashion items and/or shoes supplied by him. The consumer only becomes the owner of the purchased fashion items and/or shoes when he has paid the purchase price and any additional amount owed to the entrepreneur in full.
2. The entrepreneur can exercise the right of retention (withholding) if the consumer fails to fulfill a due and payable obligation, unless the shortcoming does not justify this withholding.
Article 7 DISSOLUTION, CONVERSION AND FORCE MAJEURE
1. Any shortcoming of the entrepreneur in the fulfillment of his obligations gives the consumer the authority to dissolve the agreement in whole or in part, unless the shortcoming – given its special nature or minor significance – does not justify this termination with its consequences. Insofar as fulfillment is not permanently or temporarily impossible, the authority to dissolve the agreement only arises when the failing party is in default.
2. If the entrepreneur is in default, the consumer can inform him in writing that he will demand replacement compensation instead of performance. This conversion is not possible if the shortcoming – given its minor significance – does not justify it.
3. Force majeure is understood to mean any shortcoming that cannot be attributed to the entrepreneur. Attribution will not take place if the shortcoming is not due to his fault, nor for his account by virtue of the law, legal act or generally accepted opinion.
4. The consumer will be informed in writing by the entrepreneur as soon as possible of the force majeure, unless the consumer’s address has not been made known to the entrepreneur, nor can it reasonably be known.
Article 8 DELIVERY TIME
1. Delivery is deemed to have taken place at the moment that the entrepreneur puts the consumer in possession of the purchased fashion item or the purchased shoes or, in the event of refusal after written notice of default, can place the purchase. After delivery, the risk of the fashion items and/or shoes is transferred to the consumer.
2. The delivery term is the final term, unless the parties agree on a probable term.
3. If the fixed or presumed delivery period is exceeded, the consumer must give the entrepreneur written notice of default, while still offering a reasonable period for compliance. A reasonable term is understood to mean the original expected delivery time with a maximum of one month. If the entrepreneur does not deliver within this further term, the consumer has the right to declare the agreement dissolved without judicial intervention and/or to demand compensation. The entrepreneur is only obliged to compensate damage that is related to the exceeding in such a way that it can be attributed to it, partly in view of the nature of the liability and the nature of the damage.
4. If the final delivery term is exceeded, the consumer has the right to declare the agreement dissolved and/or to demand compensation without notice of default or judicial intervention, while submitting proof of that damage.
5. A notice of default is not necessary if delivery has become permanently impossible or if it has otherwise become apparent that the entrepreneur will not fulfill his obligations under the purchase agreement.
Article 9 WARRANTIES
1. The entrepreneur guarantees that delivered fashion items and/or the shoes comply with the agreement (conformity). The entrepreneur also guarantees that fashion items and/or shoes have properties that, taking all circumstances into account, are necessary for normal use, as well as for special use insofar as this has been agreed.
2. However, the entrepreneur does not guarantee defects or damage resulting therefrom that arise after delivery of the fashion items and/or shoes as a result of incompetent use or lack of care, or that are the result of changes or repairs that the consumer or third parties have applied to the delivered goods.
3. The consumer fully retains his statutory warranty rights, regardless of the provisions in paragraphs 1 and 2 regarding the trade guarantee issued by the entrepreneur.
Article 10 PAYMENT
1. The amount owed to the entrepreneur must be paid to him immediately upon delivery against proof of discharge, unless the parties agree otherwise.
2. If an invoice is sent, a payment term of a maximum of fourteen days after receipt of the invoice by the consumer applies, unless another payment term has been agreed. The consumer is automatically in default if he has not paid the amount due after the expiry of this payment term.
3. If the consumer is in default, the entrepreneur will send him a payment reminder, in which he points out to the consumer of his default and in which he still offers him the opportunity to pay the amount due within a period of fourteen days after receipt of this payment reminder. .
4. If even then the consumer does not meet his payment obligations, the entrepreneur is authorized to proceed to collect the amount owed without further notice.
Article 11 STATUTORY INTEREST AND OUTDOOR COSTS
1. In the event of late payment of an amount owed, the entrepreneur has the right to charge statutory interest, calculated from the date on which the default occurs pursuant to Article 10 of these terms and conditions until the date of payment.
2. The extrajudicial costs reasonably incurred by the entrepreneur, with a minimum of € 35, are for the account of the consumer.
Article 12 CONSEQUENCES OF DISSOLUTION
After dissolution of the agreement, the parties must immediately undo the performances already performed, such as, for example, an advance payment. The entrepreneur is entitled to apply a reasonable deduction for use on the purchase price to be returned if the consumer has worn the purchased fashion items and/or shoes.
Article 13 COMPLAINTS
1. Complaints about defects in purchased fashion items, shoes and/or other complaints about defects in the execution of the agreement must be submitted to the entrepreneur as soon as possible, but no later than two months after discovery.
2. The consumer should preferably make his complaints known to the entrepreneur in writing.
3. Before being able to make use of his right of complaint, the consumer must demonstrate at the entrepreneur’s request that the agreement to which the complaint relates has been concluded with this entrepreneur. To this end, the consumer is advised to keep the proof of purchase or the proof of collection for repair or the proof of order to make the fashion item and/or the shoes.
Article 14 DISPUTES
Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to fashion items and/or shoes to be delivered or delivered by this entrepreneur can only be submitted to the competent court.
Article 15 DUTCH LAW
All agreements to which these terms and conditions have been declared applicable are subject to Dutch law.
Article 16 DEROGATIONS
Individual deviations, including additions or extensions to these terms and conditions, are only valid if they have been recorded in writing between the entrepreneur and the consumer, for example by means of a receipt or order form, or if this has been demonstrably made public in the store. .
General Terms and Conditions Distance Agreements Fashion and Shoes
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Supplementary agreement: an agreement whereby the consumer acquires products and/or services in connection with a distance contract and these goods 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. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who, not acting for purposes related to his trade, business, craft or professional activity, purchases fashion items and/or shoes or gives them to the entrepreneur for repair;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
7. Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement of one or more techniques for remote communication;
10. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
11. Product(s): fashion items, shoes, including other items expected from these items, insofar as they are sold by the entrepreneur;
12. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room at the same time;
Article 2 – Identity of the entrepreneur
Name entrepreneur: ROKA BV
Business address: New Yorkstraat 46, 1175 RD Lijnden
Visiting address: Juliana Park 22, 2022 AA Haarlem
Telephone number: on working days from 9:30 am to 6:00 pm 023-5251353
E-mail address: email@example.com
Chamber of Commerce number; 34278706
VAT identification number; NL818262345B01
Article 3 – Applicability
1. These general terms and conditions apply to distance contracts for the purchase of or the making or alteration/repair of products, concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate 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 request of the consumer.
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 is consumer can be stored in a simple way 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 consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
Article 4 – The offer
1. An offer, unless otherwise stated in the offer itself or otherwise agreed, is valid for two weeks from the date of receipt.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. The entrepreneur shall in any case report with the offer:
– the withdrawal period of 14 days or, if there is an exclusion of the right of withdrawal, this fact and the reason for it
– if more (telephone) costs are calculated than the basic rate for contact about the agreement.
4. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. Within legal frameworks, the entrepreneur can 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, on the basis of 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 implementation.
5. At the latest upon delivery of the product or service to the consumer, the entrepreneur will send the following information, 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 establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. if the consumer has a right of withdrawal, the model withdrawal form.
Article 6 – Right of withdrawal
1. The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has 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 several 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 the last part;
3. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal and 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. As soon as the entrepreneur still fulfills his obligation to provide information regarding the withdrawal period and provides the model withdrawal form, the reflection period expires 14 days after the day on which he has done so.
Article 7 – Obligations of the consumer during the reflection period
1. During the reflection 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 determine the nature and characteristics of the product. The basic principle is that the consumer leaves all labels, price tags, stickers and the like attached to the product and that the product only fits and does not wear/use.
2. The consumer is liable for depreciation of the product if the provisions of paragraph 1 are not met.
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 conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur, unless the entrepreneur has offered the product itself to pick up. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
6. If the consumer makes use of 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 makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.
2. The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. 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 right of withdrawal
The entrepreneur may purchase products that are manufactured according to the consumer’s specifications and are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person, or sealed products that are not suitable for to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery exclude the right of withdrawal. However, this is only possible if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Article 11 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes as a result of changes in legal regulations or provisions (eg VAT rates).
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 12 – Compliance with the agreement and extra guarantee
1. The entrepreneur guarantees that the products 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. The entrepreneur is not responsible for defects or damage resulting therefrom that arose after the delivery of the products as a result of incompetent use or lack of care, or that are the result of changes or repairs that the consumer or third parties have made to the delivered goods. applied.
3. Any shortcoming of the entrepreneur in the fulfillment of his obligations gives the consumer the authority to dissolve the agreement in whole or in part, unless the shortcoming – given its special nature or minor significance – does not justify this termination with its consequences. Insofar as fulfillment is not permanently or temporarily impossible, the right to dissolve the agreement only arises when the failing party is in default.
4. If the entrepreneur is in default, the consumer can inform him in writing that he will demand alternative compensation instead of performance. This conversion is not possible if the shortcoming – given its minor significance – does not justify it.
5. An extra 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 comply with his part of the agreement. An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.
Article 13 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated about this in Article 4 of these general terms and conditions, the entrepreneur will deliver expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be carried out, the consumer will be notified of this no later than 30 days after he placed the order, or if another delivery time has been agreed, no later than the last day of the delivery time. . In that case, the consumer has the right to declare the entrepreneur in default and to give him a reasonable further term for delivery. If delivery is not forthcoming, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation. The consumer can immediately dissolve without further notice if delivery within the original delivery time is essential or if the consumer has stated when concluding the agreement that this is essential. A notice of default is not necessary if the delivery has become permanently impossible or it has otherwise become apparent that the entrepreneur will not fulfill his obligations.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
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.
6. The entrepreneur can reserve the ownership of all products delivered by him. The consumer only becomes the owner of the purchased products if he has paid the purchase price and any additional amount owed to the entrepreneur in full.
7. The entrepreneur can exercise the right of retention (withholding) if the consumer fails to fulfill a due and payable obligation, unless the shortcoming does not justify this withholding.
Article 15 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
2. In the case of a consumer purchase, the consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. If the consumer does not meet his payment obligation(s) in time, he will be informed by the entrepreneur of the late payment and the entrepreneur will give the consumer a period of 14 days to still meet his payment obligations. If payment is still not made, the consumer will owe statutory interest on the amount still owed and the entrepreneur may 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, =.
Article 16 – Complaints procedure
Unless otherwise agreed, the following applies as the complaints procedure of the entrepreneur:
1. Complaints about defects in the execution of the agreement must be submitted fully and clearly described to the entrepreneur as soon as possible, but at the latest within two months after discovery.
2. At the entrepreneur’s request, the consumer must demonstrate that the agreement to which the complaint relates has been concluded with the entrepreneur.
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 foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
Article 17 – Disputes and applicable law
Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be delivered or delivered by this entrepreneur can only be submitted to the competent court.
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 18 – Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions must be recorded in writing in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Webshop payment options and invoices
On our webshop we use the following payment options;
IDEAL (INTERNET BANKING)
CREDIT CARD / VISA CARD
As soon as the order and payment have been successfully processed, you will receive a confirmation by e-mail. The invoice is attached to the order.
For more information about payment options and invoices, click here