General sales-, delivery- and payment conditions of:
TheOriginalEspadrilles.com by Viva Las Bellas
2571AW The Hague, The Netherlands
Chamber of Commerce no. 64451402
VAT no. NL129441168B02
General inquiries: firstname.lastname@example.org
Customer service: announcing exchanges / processing of orders: email@example.com
•Article 1. Definitions
•Article 2. Applicability
•Article 3. Agreements
•Article 4. Prices
•Article 5. Payments
•Article 6. Delivery
•Article 7. Retention of title
•Article 8. Exchange or return of items
•Article 9. Complaints
•Article 10. Cancellation of your order
•Article 11. Withdrawal
•Article 12. Orders / communication
•Article 13. Force majeure
•Article 14. Applicable law and competent court
•Questions, complaints and comments
Article 1. Definitions
1.1 The Original Espadrilles.com is an online shop in handmade espadrilles which can be visited at The Original Espadrilles. TheOriginalEspadrilles.com has no physical store and orders can only be placed online and received by post only.
1.2 These general conditions (further called: conditions), belonging to the internet activities of The Original Espadrilles.com
Article 2. Applicability
2.1 Our terms and conditions apply to all offers, orders and agreements closed through the website The Original Espadrilles and they exclude all possible other general conditions of sales.
2.2 Accepting an offer and / or placing an order means accepting the applicability of these conditions.
2.3 Any deviations from these terms and conditions may only take place in written. In case of any deviation from a certain part of the general conditions, the other terms and conditions remain fully in force.
Article 3. Agreements
An agreement is established after the acceptation of the offer on our website by the customer The Original Espadrilles is authorized to refuse orders or to ask for additional information. If an order is not accepted, this will be reported to the customer, mentioning the reason of rejection.
Article 4. Prices
4.1 The prices of the articles mentioned on the product page include VAT on orders within the Netherlands and orders within the European Union. On Non-European orders no VAT will be charged but on those orders another charge is applicable with the result that the mentioned prices are the definite ones. Within countries outside the European Union any import duties can be calculated when the order arrives in the country of its destination.
4.2 Delivery costs are (unless otherwise stated) not included in these prices. Before closing the agreement, the total price including the shipping costs is announced through our website.
Attention: the custom clearance and import taxes / duties are at customers expense!
4.3 The Original Espadrilles can not be held to price indications which are clearly incorrect, for example as a result of obvious typing errors or misprints. No rights can be derived from unlawful pricing information.
Article 5. Payments
5.1 A payment can be made in one of the ways specified during the ordering process. A customer’s order can be subjected to certain additional payment- and ordering conditions. After placing an order, the customer will receive an immediate confirmation by e-mail with the total cost, including the shipping costs. Payments can be made with:
•a) iDeal: If you use online banking from ABN AMRO, Fortis, ING, Rabobank or SNS Bank, you can pay with iDEAL. You can make your payment quickly and easily at the familiar online banking page of your own bank. Making payments in a way you were already used to.
•An electronic payment over the Internet is similar to a PIN-payment in a shop. For more information about using iDEAL on our website, click on: iDEAL.
•b) PayPal / American Express. Make payments with your credit card through PayPal. A PayPal account isn’t required, you can process your payment immediately. PayPal guarantees a safe and smart payment process. At home and abroad, you can pay with a bank- or giro account in an easy way, free of any charge.
•c) SOFORT Banking. When you pay via SOFORT Banking you will pay securely and directly by online bank transfer. It’s a method based on internet banking.
•d) Bancontact / MisterCash through Mollie secure payment services (only for Belgian bank account owners).
•e) MasterCard / Visa through Mollie secure payment services.
•f) Giropay through Mollie secure payment services (only for German bank account owners).
The Original Espadrilles is an online shop, which means that you can only place an order online. We do not have a physical store or facility where customers can look at and try our espadrilles.
5.3 Term of payment.
In case of advance payment by bank- or giro transfer, your payment has to be received completely by The Original Espadrilles within 5 working days business days (Mo – Fri, with the exception of weekends and National Holidays) after ordering. During this period, the ordered items are reserved online. If this should not succeed for whatever reason within the prescribed period, please let us know in advance and we will keep the item(s) reserved for a few days longer, provided this term is reasonable.
If your payment is not received within the stated period or without a further notice of delay, the reservation will be cancelled. Two days before this period expires, you will receive an automated e-mail with a payment reminder. If no message or payment is received by The Original Espadrilles, the order will be cancelled and the item(s) put back in stock.
5.4 The customer gives The Original Espadrilles the permission to take all measures that are necessary to allow the customer to pay with the desired payment method.
5.5 In case of payments by bank transfer, the date of payment is the date of crediting of the bank account of The Original Espadrilles.
All other payment methods are processed through the Internet Cash desk of Mollie secure payments services.
Article 6. Delivery
6.1 The Original Espadrilles strives to offer all orders for dispatch on the same day, but no later than 2 business days after receipt of the payment. The Original Espadrilles is however not obliged to do so.
If an order has been completed on Monday – Friday before 9 pm CET it will be shipped the same day within the Netherlands, for Belgium ordered before 3.30 pm CET and for Germany and all other countries ordered before 7 pm CET! With every status switch, the customer will receive an e-mail plus the necessary tracking codes.
6.2 If an order cannot be shipped completely, the order won’t be sent at all, unless consultation with the customer has taken place. In case the delivery of an order is delayed because (part of) the order is (temporarily) out of stock or for other reasons, or in case an order can’t be processed (completely), the customer will receive a message within 7 business days after placing the order. In that case, the customer has the right to cancel the order free of any charge. The Original Espadrilles will then arrange an immediate and complete refund.
6.3 Deviations in colour-, type-, text- and / or price changes reserved. Goods and / or services are clearly and truthfully depicted and / or described, and as fully as reasonably required.
Article 7. Retention of title
The ordered items change their owner during the moment of the delivery of the items at the delivery address.
Article 8. Exchange or return of items
We do our best to describe and present our products on our website in the best possible way. If you are not completely satisfied with your purchase anyhow, you can return the item(s) to us in their original condition. To all purchases* (including discounted / sale items) applies: money back if not satisfied.
All our items can be exchanged or returned. To all items applies: MONEY BACK IF NOT SATISFIED, on the condition that you send your return back within 30 days after receipt and that the following requirements are met:
8.1 For returning items, the following conditions apply:
8.1.1) Announcing an exchange
You always have to let us know in advance that you wish to exchange an item. Please e-mail us and do mention your order number: info@TheOriginalEspadrilles.com Within 1 business day (Mo – Fri 9 am – 9 pm, with the exception of weekends and National Holidays), we will confirm your exchange request. If the item is in stock we will directly reserve the item for you. We will send the requested item(s) for free as soon as we have received the return package in its original state.
Exchange items are shipped for free within the Netherlands, Belgium, Luxemburg and Germany. Unfortunately, in case of exchanges outside the Benelux and Germany, we are forced to ask a small contribution to the Priority shipping costs. The return costs have to be borne by the customer.
If you would like to return your article then you don’t need to send an e-mail to register your return shipment.
8.1.2) Return instructions
Please select the reason for return and in case you have paid by manual bank transfer, bancontact/Mister Cash or giropay also please mention your IBAN and BIC number on the return form. Payments by Creditcard or PayPal are only refunded on your creditcard- or PayPal account. Also please make sure that the article is sufficiently packed and add the return form to your return shipment, otherwise we can’t process your return. You can cut off the address strip and put it on your return package. You can bring your return package to the nearest post point. As customer you are responsible for the costs of the return shipment.
8.1.3) Return period
The item has to be returned at The Original Espadrilles immediately, but at the latest within 14 days (Mo – Fri, with the exception of weekends and National Holidays). Return shipments which are received by us outside the normal return period are not excepted, unless agreed otherwise.
8.1.4) Conditions of return
The item has to be in its original state and in an unworn condition.
The packaging has to be undamaged and in an impeccable condition. Returned items with a ripped/damaged packaging, that can’t be sold anymore to our opinion, won’t be accepted by us.
Shoes can be tried on indoors, of course, but they can’t be returned anymore, as soon as they have been worn outside.
The Original Espadrilles reserves the right to reject return orders and/or to charge a fee for repair or because of a reduction of the sales value, on the basis of the aforementioned points or suspected use of the items.
8.1.5) Confirmation of return receipt and refund of the purchase money
After receipt of your return order, we will check the items on the aforementioned points. As soon as possible, but at the latest within 5 business days, you will receive an e-mail with a confirmation of receipt. Immediately, but at the latest within 2 business days after return receipt, The Original Espadrilles will refund the purchase money of the returned item(s). The refund is excl. charged shipping costs. The return costs have to be borne by the customer.
8.2.1) Return orders always have to be sufficiently stamped. These costs have to be borne by the customer. Return orders which are insufficiently stamped will be rejected at all times.
8.2.2) The Original Espadrilles is not responsible for lost return orders. The customer himself/herself has to make sure that the return order is packed and shipped properly.
Complaints in relation to the delivery of your order
9.1 We do our utmost to deliver a good product. After receipt of your order, you should check the delivered items immediately and report any noticed defects to us per e-mail. If an item has not been delivered in accordance with your order or if it doesn’t meet the description on our website, please let us know as soon as possible (on business days Mo – Fri from 9 am – 9 pm, with the exception of weekends and National Holidays) per e-mail at firstname.lastname@example.org, mentioning your order number.
We place a high value on customer service. Please always contact us (within a reasonable period after your purchase), if something is wrong or if the product doesn’t meet your expectations in any other way. We will do our utmost to come with the best possible solution for you!
Quality of items
Of course it can happen that the quality of the espadrilles doesn’t meet your expectations (anymore) after a certain period of use, e.g.
The warranty period on our items is 1 months after receipt of the items. Of course, this warranty is only in force if the items are used in a normal frequency. You can contact us per e-mail at email@example.com on business days (Mo – Fri from 9 am – 9 pm, with the exception of weekends and National Holidays).
Article 10. Cancellation of your order
You can cancel your order at all times, without stating a reason and without having to pay a fine, provided that the item hasn’t been dispatched yet. If the item has already been shipped, the standard return policy applies, see article 8.
It is highly appreciated if you could inform us as soon as possible if you would like to cancel an order. You can inform us per e-mail at firstname.lastname@example.org, mentioning your order number.
Article 11. Withdrawal
11.1 In accordance with the Dutch Distance Selling Regulations, the buyer has the right to withdraw an order of new items within 14 days upon receipt of the order, without having to pay a fine and without giving reasons. The buyer has the possibility to receive the order amount back. In that case, The Original Espadrilles wil also credit the already charged costs for delivering the order on the specified delivery address.
11.2 At the latest within 14 days upon receipt of the order on the delivery address, the article has to be returned at the expense of the customer. You will receive a confirmation per e-mail, as soon as we received and processed your return order. Provided that all conditions have been met, The Original Espadrilles will refund the order amount (minus the shipping costs) at the latest within 7 business days upon receipt of te return order.
11.3 The right of withdrawal expires at the moment that not all requirements of article 12 have been met. In that case, your return order will be considered as an exchange in accordance with article 8 of our Terms and Conditions.
Article 12. Orders / communication
The Original Espadrilles.com cannot be held responsible for any misconception, defect, delay or for receiving orders and messages incorrectly as a result of the use of internet or any other means of communication used for the communication between the customer and TheOriginalEspadrilles.com , or between TheOriginalEspadrilles.com and third parties, insofar as related to the relationship between the customer and The Original Espadrilles.com , unless and for as far as it has been caused intentionally or with deliberate recklessness by The Original Espadrilles.
Article 13. Force Majeure
In case of force majeure, The Original Espadrilles has the right to, on her own discretion, postpone a customer’s order or to cancel the agreement without judicial intervention, by informing the customer in writing and without the obligation for The Original Espadrilles to pay any compensation, unless this, in the given circumstances and to standards of reasonableness and fairness, should be unacceptable.
Article 14. Applicable law and competent court
14.1 All rights, obligations, offers, orders and agreements, to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.
14.2 Of course it can happen that you are not totally satisfied about our products or services. In that case, please contact us as soon as possible, preferably per e-mail: email@example.com
14.3 Disputes between parties can be submitted to the competent court in the Netherlands.
14.4 If one or more of these Terms and Conditions are declared void at court ruling:
•other conditions of these Terms and Conditions will remain in full force and effect,
•The Original Espadrilles and the ordering customer will consult together in order to come to an agreement regarding new conditions which will fully replace the voided conditions. The new conditions have to follow the aim and the meaning of the voided conditions as much as possible.
Questions, complaints and comments
Should you have any complaints, questions or comments after reading these Terms and Conditions, please don’t hesitate to contact us per e-mail.
All rights reserved. Nothing from these Terms and Conditions may be copied, saved and / or distributed without written permission of The Original Espadrilles – 2015