TERMS & CONDITIONS
Terms & conditions BW Sneaker Store
E-mail: info@bwsneakerstore.com
Website: www.sneakerstore.com
Article 1 - Definitions
1. BW Sneaker Store: BW Sneaker Store, established in Landhorst, KvK number 83005471.
2. Client: the person with whom BW Sneaker Store has entered into an agreement.
3. Parties: BW Sneaker Store and Customer together.
4. Consumer: a Customer who is also an individual acting as a private person.
Article 2 - Applicability
1. These conditions apply to all quotations, offers, work, orders
agreements and deliveries of services or products by or on behalf of BW Sneaker Store.
2. BW Sneaker Store and the Client can only deviate from these terms and conditions if agreed in writing.
3. BW Sneaker Store and the Client expressly exclude the applicability of the general terms and conditions of the Client or of others expressly excludes.
Article 3 - Prices
1. BW Sneaker Store maintains prices in euros, including VAT and excluding any other costs such as
administration or shipping costs, unless agreed otherwise in writing.
2. BW Sneaker Store may change the prices of its services and products on its website and in other communications change at any time.
3. Increases in the cost prices of products or components thereof, which BW Sneaker Store could not foresee
when the offer was made or the agreement was concluded, can give rise to price increases.
to price increases.
4. The consumer has the right to cancel an agreement because of a price increase in paragraph 3,
unless the increase is due to a statutory regulation.
Article 4 - Payments and payment term
1. BW Sneaker Store may require a down payment of up to 50% of the agreed
amount.
2. The Customer must have made a payment before delivery.
3. BW Sneaker Store's payment terms are strict payment terms. This means that if the
Client has not paid the agreed amount no later than the last day of the payment period, he is automatically in default, without BW Sneaker Store having to send the Client a reminder or declare him in default.
4. BW Sneaker Store may make a delivery conditional on immediate payment or require a security
demand security for the total amount of the services or products.
Article 5 - Right of complaint
1. When the Customer is in default, BW Sneaker Store may invoke the right of complaint with respect to the
unpaid products delivered to the Customer.
2. BW Sneaker Store uses its right of complaint by a written or electronic communication
to the Customer.
3. As soon as the Client has been informed of the invoked right of complaint, the Client must return the relevant
products to BW Sneaker Store immediately, unless otherwise agreed in writing.
4. The Customer shall pay the costs for collecting or bringing back the products in paragraph 3.
Article 6 - Right of withdrawal
1. A consumer may undo an online purchase within 14 days of purchase without giving any reason
withdrawal. This right of withdrawal does not apply if:
- the product has been used/worn
- it is a product that has been custom-made or adapted for the consumer
- the consumer has waived his right of withdrawal
2. The withdrawal period of 14 days in paragraph 1, starts:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make use of his reflection period by sending an e-mail with that subject
to info@bwsneakerstore.com
4. The consumer must return the product within 14 days after having expressed his right of withdrawal
to BW Sneaker Store, failing which his right of withdrawal lapses.
5. If the consumer exercises his right of withdrawal, the goods ordered must be returned in the same
unworn condition within 14 days. When the goods have been used or worn returned, BW Sneaker Store reserves the right not to accept the return.
6. The consumer agrees that the risk of return is always at the consumer's expense
as well as the costs for the return.
Article 7 - Reimbursement of delivery costs
1. If the consumer has cancelled his purchase in time and returned the entire order to BW Sneaker
Store, BW Sneaker Store will refund any shipping costs paid by the consumer refund to the consumer within 14 days of receiving the timely fully returned order.
2. The costs of delivery shall be borne by BW Sneaker Store only to the extent that the entire order is
is returned.
Article 8 - Reimbursement of return costs
1. If the consumer invokes his right of withdrawal and returns the entire order on time, then
the consumer shall pay the shipping costs.
Article 9 - Right of retention
1. BW Sneaker Store may exercise its right of retention and in that case keep products of the Client's
until the Client has paid all outstanding bills of BW Sneaker Store, unless the Client has provided sufficient security for those costs has provided sufficient security for those costs.
2. The right of lien also applies pursuant to previous agreements under which the Customer has yet to pay money
payment to BW Sneaker Store.
3. BW Sneaker Store shall not be liable for any damage suffered by the Customer due to the use of its
lien.
Article 10 - Retention of title
1. BW Sneaker Store remains the owner of all delivered products until the Customer has paid all outstanding invoices of BW Sneaker Store relating to an underlying agreement, including claims due to failure to perform.
2. Until that time in paragraph 1, BW Sneaker Store may exercise its retention of title and repossess the goods
repossession.
3. Before ownership has passed to the Customer, the Customer may not pledge, sell alienate or encumber them in any other way.
4. If BW Sneaker Store makes use of its retention of title, then the agreement shall be undone and BW Sneaker Store may claim damages, lost profits and interest from the Customer.
Article 11 - Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at BW Sneaker Store, unless agreed otherwise.
3. Delivery of products ordered online takes place at the address specified by the Customer.
4. If the Client fails to pay the agreed amounts or fails to pay them on time, BW Sneaker Store may suspend its obligations until the Customer pays.
5. Late payment constitutes creditor default, which means that the Client cannot hold a late delivery against BW
Sneaker Store can object to a late delivery.
Article 12 - Delivery time
1. BW Sneaker Store's delivery times are indicative. If delivery takes place later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
2. The delivery period commences when the Client has completed the ordering process in full and has received a confirmation thereof from BW Sneaker Store.
3. The Customer shall not receive any compensation and may not cancel the agreement if BW Sneaker
Store delivers later than agreed. However, the Client may cancel the agreement if it is agreed in writing or if BW Sneaker Store is unable to deliver within 14 days, after having been reminded in writing or if the Client and
written notice or the Customer and BW Sneaker Store have agreed otherwise.
Article 13 - Packaging and shipment
1. If the packaging of a delivered product has been opened or damaged, the Customer must have this noted by the
carrier before receiving the product. If the Customer fails to do so, then he cannot hold BW Sneaker Store liable for any damage.
2. If the Client arranges the transport of a product himself, he must note any visible damage to products or the packaging prior to transport to BW Sneaker Store. If the Customer does not do so, then he cannot hold BW Sneaker Store liable for any damages.
Article 14 - Warranty
1. The guarantee on products applies only to defects caused by faulty manufacture or construction or faulty material.
2. The guarantee does not apply
- for shoes from the year 2013 or before (collector's items)
- in case of normal wear and tear
- for damage caused by accidents
- for damage resulting from modifications made to the product
- for damage caused by negligence or improper use by the Customer
- if the cause of the defect cannot be clearly determined
3. The risk of loss, damage or theft of the products that are the subject of an agreement
between the parties, shall pass to the Customer at the time they are legally and/or actually delivered
at least come under the control of the Customer or of a third party who takes delivery of the product on behalf of the Customer.
4. BW Sneaker Store does not guarantee shoes from the year 2013 or older, as these shoes are sold as collector's items. BW Sneaker Store advises against wearing these shoes. Wearing these shoes is at your at your own risk.
Article 15 - Exchanges
1. The Customer may exchange a purchased article. The following conditions apply:
- exchange takes place within 14 days after purchase whereby the Customer can show the original invoice
- the product is returned in its original packaging and with the original price tag attached
- the product has not yet been used (shoes may be tried on but not worn!).
Article 16 - Indemnification
1. The Client indemnifies BW Sneaker Store against all claims of others related to the products and/or services delivered by BW Sneaker Store.
Article 17 - Complaints
1. The Customer must examine a product delivered or service rendered by BW Sneaker Store for any
any shortcomings.
2. If a delivered product or service does not comply with what the Client could reasonably expect,
then the Client must inform BW Sneaker Store within 14 days after the discovery of the defect.
shortcoming.
3. The Client shall provide as detailed a description as possible of the shortcoming, so that BW Sneaker
Store can respond appropriately.
4. The Client must demonstrate that the complaint relates to an agreement between the Client and BW Sneaker
Store.
Article 18 - Notice of default
1. The Customer must give any notice of default in writing to BW Sneaker Store.
2. The Customer is responsible for ensuring that his notice of default actually reaches BW Sneaker Store on time.
Article 19 - Liability of Customer
1. If BW Sneaker Store enters into an agreement with several Customers, each of them shall be jointly and severally liable for fulfilling the agreements in that agreement.
Article 20 - Liability BW Sneaker Store
1. BW Sneaker Store is only liable for damage suffered by the Customer if that damage was caused by
wilful intent or deliberate recklessness.
2. If BW Sneaker Store is liable for damages, this shall only apply to direct damages which are related
related to the performance of an underlying agreement.
3. BW Sneaker Store is not liable for indirect damage, such as consequential damage, loss of profit or damage to
third parties.
4. If BW Sneaker Store is liable, this liability shall be limited to the amount paid out by a concluded (professional) liability insurance policy pays out. If no insurance is taken out or no amount of damages, then the liability is limited to the (part of the) invoice amount to which the liability relates to.
5. All illustrations, photographs, colours, drawings, descriptions on the website or in a catalogue are only
indicative and cannot lead to any compensation, dissolution or suspension.
Article 21 - Expiry period
1. Any right of the Customer to compensation from BW Sneaker Store expires 12 months after the event
from which the liability arises directly or indirectly. This does not exclude the provisions of Article
6:89 OF THE DUTCH CIVIL CODE.
Article 22 - Dissolution
1. The Customer may rescind the Agreement if BW Sneaker Store imputably fails in the
fulfilment of his obligations, unless such failure does not justify the dissolution because of its
special nature or minor importance.
2. If fulfilment of the obligations by BW Sneaker Store is still possible, dissolution can only take place
BW Sneaker Store after it is in default.
3. BW Sneaker Store may rescind the agreement with the Client if the Client fails to fulfil its obligations under
the agreement in full or in a timely manner, or when BW Sneaker Store has become aware of
circumstances which give it good reason to believe that the Customer will not fulfil his
will comply with their obligations.
Article 23 - Force majeure
1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of BW Sneaker Store by the Customer cannot be attributed to BW Sneaker Store can be imputed when there is a situation of force majeure.
2. The force majeure situation in paragraph 1 also includes:
- a state of emergency such as civil war or natural disaster
- default or force majeure of suppliers, deliverers or others
- power, electricity, internet, computer or telecom failures
- computer viruses
- strikes
- government measures
- transport problems
- bad weather conditions
- work interruptions
3. If a force majeure situation occurs as a result of which BW Sneaker Store 1 or more obligations to the Customer
cannot fulfil, then those obligations shall be suspended until BW Sneaker Store can fulfil them.
4. From the moment a force majeure situation has lasted for at least 30 calendar days, both the Client
and BW Sneaker Store may cancel all or part of the Agreement in writing.
5. BW Sneaker Store does not have to pay any compensation to the Client in a force majeure situation, even if BW Sneaker Store benefits from this.
Article 24 - Modification of agreement
1. When it is necessary for the execution of it to amend a concluded agreement, the Customer
and BW Sneaker Store amend the agreement.
Article 25 - Amendment of general terms and conditions
1. BW Sneaker Store may amend these general terms and conditions.
2. BW Sneaker Store may always make amendments of minor importance.
3. Substantial changes will be discussed by BW Sneaker Store with the Client in advance to the extent possible.
4. A consumer may terminate the underlying agreement in the event of a substantial change to the general terms and conditions.
Article 26 - Transfer of rights
1. The Customer cannot transfer any rights under an agreement with BW Sneaker Store to others without
written consent of BW Sneaker Store.
2. This provision counts as a clause with effect under property law as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.
Article 27 - Consequences of nullity or voidability
1. 1. If one or more provisions of these General Conditions turn out to be void or voidable, this will not affect the other provisions of these General Conditions.
not affect the other provisions of these terms and conditions.
2. A provision which is void or voidable shall in that case be replaced by a provision which comes closest to
closest to what BW Sneaker Store had in mind when drafting the terms and conditions on that point.
Article 28 - Applicable law and competent court
1. These general terms and conditions and any underlying agreement between the Customer and BW Sneaker Store shall be governed by
Dutch law applies.
2. The court in the district of BW Sneaker Store's place of business has exclusive jurisdiction to hear
take cognisance of any disputes between the Customer and BW Sneaker Store, unless the law provides otherwise.
Drafted 09 September 2024.