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Introduction
These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
Definitions
1. SEMPER: based in Blokker and registered with the Chamber of Commerce under file number 69640955, trading as SEMPER.
2. Website: the Website of SEMPER, to be found on www.semperfootwear.com and all of its subdomains.
3. Client: the natural person not acting in the performance of a profession or business who enters into an agreement with SEMPER and/or is registered on the Website.
4. Agreement: any arrangement or agreement between SEMPER and the Client of which the General Terms and Conditions are an integral part.
5. General Terms and Conditions: these General Terms and Conditions.
Applicability of the General Terms and Conditions
1. The General Terms and Conditions apply to all offers, agreements and deliveries of SEMPER, unless explicitly agreed otherwise in writing.
2. If the Client in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not in included the General Terms and Conditions, such provisions will only be binding upon SEMPER if and in so far as SEMPER has accepted them in writing.
3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, Client can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Prices and information
1. All prices posted on the Website and in other materials originating from SEMPER taxes and other levies imposed by the government.
2. If shipping costs are charged, these will be clearly stated in good time before the contract is concluded.These costs will also be displayed separately in the ordering process.
3. The content of the Website is composed with the greatest care. SEMPER cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from SEMPER are subject to obvious programming and typing errors.
4. SEMPER cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
Conclusion of the Agreement
1. The Agreement will be deemed to be concluded at the moment the Client accepts the offer of SEMPER subject to the conditions laid down by SEMPER.
2. If the Client has accepted the offer by electronic means, SEMPER will confirm receipt of acceptance of the offer by electronic means without delay.Until such receipt of acceptance is confirmed, the Client will have the possibility to dissolve the Agreement.
3. If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, SEMPER will have the right demand fulfilment of the Client’s obligations until the correct data is received.
4. SEMPER has the right to refuse orders from clients that act in the exercise of their profession or business.
Registration
1. To make optimum use of the Website, the Client can register using the registration form/the account sign-in option on the Website.
2. During the registration process, the Client will be asked to choose a user name and password with which he can log on to the Website.The Client alone is responsible for choosing a sufficiently reliable password.
3. The Client must keep its login credentials, user name and password strictly confidential. SEMPER cannot be held liable for any misuse of the login credentials and is always entitled to assume that the Client who logs on to the Website is the party that it professes to be. The Client is responsible for and bears the full risk of any and all actions and transactions performed via the Client’s account.
4. If the Client knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify SEMPER accordingly so as to allow SEMPER to take appropriate measures.
Execution of the Agreement
1. As soon as SEMPER has received the order, it will send the products to the Client without delay and with due regard for the provisions of paragraph 3 of this article.
2. SEMPER is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
3. Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.
4. If SEMPER is unable to deliver the products within the agreed term, it will notify the Client accordingly. In that case the Client can decide either to agree to a new delivery date or to dissolve the Agreement without incurring any costs.
5. SEMPER advises the Client to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
6. The risks associated with the products will transfer to the Client as soon as the products are delivered at the agreed delivery address.
Right of withdrawal
1. The Client will have the right to dissolve the distance Agreement with SEMPER within 21 calendar days after receiving the product, free of charge and without stating reasons. The commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
– if the delivery of a product involves different deliveries or parts: the day on which the Client, or a third party designated by the Client, received the last delivery or the last part;
– with contracts for the regular delivery of products during a given period: the day on which the Client, or a third party designated by the Client, received the last product;
– if the Client has ordered several products: the day on which the Client, or a third party designated by the Client, received the last product.
- Return costs are for the Client, unless:
– the client buys multiple products, and keeps at least 1 product, the return costs are refunded as follows: € 5 for each Client.
During the withdrawal period referred to in paragraph 1 above, the Client will treat the product and its packaging with the utmost care. The Client has the right to open the package and check the contents but the product must be returned unused. All original packaging, price labels etc. shall be returned with the product without having been tampered with.
4. The Client is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in.
5. The Client can dissolve the Agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in other form) to SEMPER, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. If SEMPER makes it possible for the Client to declare his withdrawal via electronic/digital means, then after receiving such a declaration, SEMPER sends immediate confirmation of receipt.
As quickly as possible, but no later than 21 days after the day of reporting as referred to in paragraph 1, the Client shall return the product, or hand it over to (a representative of) SEMPER. Client can send the product directly to SEMPER without a notice of withdrawal in advance within the period as mentioned in paragraph 1 Client must in this case, include a written notice of withdrawal, such as the return form.
Products can be returned to the following address:
Returns and repairs of Dutch merchandise
SEMPER
attn. Returns
Westerblokker 175b
1695 AE, Blokker
Netherlands
6. Any amounts already paid by the Client (in advance) will be refunded to the Client as soon as possible, and in any case within 14 days after dissolution of the Agreement.
7. Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
- Payment
1. The Client shall pay the amounts due to SEMPER in accordance with the ordering procedure and any payment methods indicated on the Website. SEMPER is free to offer any payment method of its choice and may change these methods at any time.
2. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna. Pay in [14] days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom, Germany, Sweden, Norway, Denmark, Finland, Austria and the Netherlands.The payment method Pay in [14] days is only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
Warranties and conformity
1. SEMPER warrants that the products satisfy the Agreement, the specifications laid down in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that are in force on the date the Agreement is signed.
2. Any warranties offered by SEMPER, the manufacturer or the importer will not affect the statutory rights and claims which the Client already has and may invoke by virtue of the Agreement.
3. If the delivered product fails to satisfy the Agreement, the Client can notify SEMPER accordingly within a reasonable period of time after discovering the defect.
4. If SEMPER deems the complaint to be well-founded, the products concerned will be repaired, replaced or refunded in consultation with the Client. The refund cannot exceed the price paid for the product by the Client. This article will not preclude the Client’s right to claim damages, if applicable.
Complaints handling procedure
1. If the Client has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of SEMPER’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
2. SEMPER will respond to the complaint as soon as possible, and in any case within 5 days days after having received it. If it is not yet possible for SEMPER to formulate a substantive reaction to the complaint by that time, SEMPER will confirm receipt of the complaint within 5 days days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to the Client’s complaint.
Personal details
1. SEMPER will process the Client’s personal details in accordance with the privacy statement published on the Website.
Final provisions
1. This agreement is governed by the laws of the country of establisment of the webshop.
2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where SEMPER has its registered office.
3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
4. The term ‘written’in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Contact details
Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.
SEMPER
Westerblokker 175-b
1695 AE, Blokker
tel. +31(0) 629004844
e: contact@semperfootwear.com
Chamber of Commerce 69640955
VAT NL204809435B01