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General terms and conditions of:
Boots by M
2514 GM Den Haag
Article 1: Applicability
1.1. These general terms and conditions apply to all legal relationships in which Boots by M acts as a supplier of products. Deviations can only be agreed in writing with Boots by M.
1.2 The "customers" in these terms and conditions are understood to mean the customer, or anyone who enters into or wants to enter into an agreement with Boots by M, or for whom Boots by M makes an offer or performs a delivery or performance, as well as its legal successors.
1.3 If any provision of these general terms and conditions is not valid or applicable for whatever reason, these terms and conditions will remain in force for the rest.
1.4 Purchase and other terms and conditions, which the customer declares applicable, are not binding on Boots by M, unless they have been accepted by Boots by M in writing. Such an acceptance may not be inferred from the fact that Boots by M does not contradict a notification from the customer that he does not accept Boots by M's terms and conditions and declares its own terms and conditions applicable.
Article 2: Offers
2.1 All offers from Boots by M are without obligation unless explicitly agreed otherwise in writing.
2.2 All images and information regarding weights, dimensions, colors, etc. are approximate only. Deviations from reality cannot give rise to compensation and / or dissolution.
2.3 Price lists, brochures, printed matter, etc. provided by Boots by M are subject to change and do not constitute a quotation.
2.4 Subject to typing, printing and price errors.
2.5 Boots by M reserves the right to refuse orders without stating reasons, to demand payment in advance or to demand security.
Article 3: Assignment
3.1 The customer is fully responsible to Boots by M for the correctness of the information stated in the order. A completed order binds the customer.
3.2 When placing an order with Boots by M, the customer must identify himself and the customer is identified by Boots by M, by the use of an identification provided by Boots by M to the customer and which consists of a (combination of) customer name and other forms of identification, including username and password (hereinafter referred to as: Customer identification). An order that is placed electronically and in which the Customer identification of the buyer is mentioned or used, has the same binding value as a purchase order signed by the buyer.
Boots by M cannot, however, guarantee the security of the Internet and the possibility of interception or disruption of data transmitted by the customer using the correct Customer ID and cannot be held liable for this in any way by the customer. Boots by M is entitled to fully trust that the information regarding the assignment, in terms of content and form, which it receives from the customer, is correct.
3.3 Boots by M is entitled to fully rely on the content and form of assignments that are placed using the Customer identification of a customer. Boots by M is therefore entitled to deliver, invoice to the customer whose Customer identification was used and to demand payment from this customer with regard to the orders placed with his Customer identification. The customer is fully and solely responsible for the use and confidentiality of the Customer Identification allocated to him by Boots by M.
3.4 In the event of loss or misuse of the Client identification as a result of which Boots by M suffers damage, the customer must indemnify Boots by M for this. The customer must provide such security measures and procedures to guarantee that the Customer Identification assigned to him is used only by authorized personnel and for authorized purposes. In particular, in the event of loss, misuse or attempted misuse of the Customer identification, the customer must inform Boots by M immediately after the customer has or should have become aware of this and must take all necessary measures to the limit to avoid the consequences thereof.
Article 4: Formation of agreements
4.1 An agreement is concluded after Boots by M has confirmed an order by email or after Boots by M has commenced the execution of the order. The order confirmation is deemed to represent the agreement correctly and completely, unless the customer objects to this in writing within three working days.
4.2 Additions and changes to an agreement only bind Boots by M insofar as they have been confirmed in writing by Boots by M.
Article 5: Prices
5.1 All prices and rates are in Euro coins and including VAT, but excluding shipping costs. The shipping costs are stated during the online checkout of the order and are calculated on the basis of Post NL's rates for registered shipping, in combination with the weight of the package shipment.
5.2 The prices are based on the prices, exchange rates, wages, taxes, rights, charges etc. existing during the offers. In the event of an increase of one or more of the cost price factors, Boots by M is entitled to increase the price accordingly, regardless of was foreseeable or not for Boots by M at the time of the conclusion of the agreement. Such a price increase does not entitle the customer to terminate the agreement.
Article 6: Payment
6.1 Unless otherwise agreed in writing, payment must be made by transfer to a bank account designated by Boots by M.
6.2 Unless explicitly agreed otherwise in writing, payment will take place without set-off or suspension for whatever reason.
6.3 Everything that the customer pays first of all serves to settle the interest and / or (collection) costs owed and then to settle the oldest outstanding invoices.
6.4 If the customer does not pay the amounts due within the agreed term, the customer will be in default by operation of law and, without prejudice to its other accruing rights, has the right at its option to charge interest to the customer on the entire amount due, constituting the statutory interest applicable at that time, plus a surcharge of 3% on an annual basis. This interest will be calculated from the due date of the invoice concerned up to and including the day of full payment. In addition, all extrajudicial and judicial collection costs to be incurred will be borne by the customer. The amount of the extrajudicial collection costs owed to Boots by M is set at 15% of the principal sum, with a minimum of € 175.
6.5 If Boots by M sees reason to do so, Boots by M may require further security, failing which it may suspend the performance of the agreement.
Article 7: Retention of title
7.1 All goods delivered remain the property of Boots by M until the customer has fully complied with his payment obligation arising from the agreement.
7.2 The customer lacks the right to hand over the goods delivered by Boots by M to third parties, to give them in (sub) pledge or silent pledge until the entire purchase price and any associated costs have been paid in full.
7.3 In the event that the customer does not or not fully comply with any obligation arising from the legal relationship with Boots by M, in particular the payment obligation, Boots by M is entitled to take back the delivered goods after notice of default, in which case the agreement without judicial intervention is dissolved, without prejudice to Boots by M's right to claim costs of damage and interest.
7.4 The customer is obliged, without prejudice to the above, to take good care of the delivered goods with due diligence, as long as no full payment has been made.
7.5 The customer is obliged to store separately the goods delivered of which the property rests with Boots by M or to keep them stored separately in any other way.
7.6 Furthermore, the customer is obliged to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage and against theft and to make the policy of this insurance available for inspection at the request of Boots by M.
Article 8: Term and Delivery
8.1 All (delivery) periods stated by Boots by M are approximate and have been determined on the basis of the data and circumstances known to Boots by M when entering into the agreement. Stated delivery terms will never be regarded as strict deadlines. If a change in the data and / or circumstances, regardless of the foreseeability thereof, results in a delay, the delivery date will be delayed accordingly, without prejudice to the provisions below regarding force majeure.
8.2 Exceeding the delivery terms stated by Boots by M, for whatever reason, never entitles the customer to compensation or non-fulfillment of any obligation resting on him under the relevant agreement or an associated agreement.
8.3 Cancellation of orders is only possible after written confirmation from Boots by M. In case of cancellation of the order by the customer Boots by M has the right to charge 25% of the agreed price of the goods, without prejudice to Boots by's right. M to claim the excess on the basis of loss suffered and lost profit.
8.4 If it has been agreed that the services and / or deliveries will take place in phases, Boots by M may postpone the services and / or deliveries of the following phases until the customer has approved the completion of the preceding phase in writing and has ) has fulfilled obligations with regard to the partial delivery. In the case of partial deliveries Boots by M is entitled to invoice these separately.
8.5 If the goods are available to the buyer after the expiry of the delivery time, but are not purchased by him, the goods will be stored at his disposal at his expense and risk.
8.6 Unless otherwise agreed in writing, delivery takes place ex warehouse. From the moment of delivery, all risks of loss, decay, damage, etc., regardless of the cause thereof, transfer to the customer.
Article 9: Transport
9.1 Boots by M determines the method of transport, shipping, packaging and such. Shipping / transport of goods is always at the expense and risk of the customer. Boots by M is not obliged to take out (transport) insurance. If and insofar Boots by M has committed itself to this in writing.
Article 10: Advertising
10.1 The customer is obliged to inspect the goods for defects immediately after delivery. Any complaints with regard to the delivered goods will only be dealt with by Boots by M if they have been made known to Boots by M in writing within 8 working days after delivery, with an accurate statement of the nature and the basis of the defects and with reference to the number of the invoice or, in the absence thereof, of the dispatch note or order confirmation. After the expiry of this period, the customer is deemed to have approved the delivery.
10.2 Minor deviations in the quality of the goods delivered, which are technically unavoidable or which are generally permitted in trade, cannot constitute grounds for a complaint or for dissolution of the agreement.
10.3 Complaints about invoices must also be submitted in writing and within a period of 8 working days after the invoice date. After the expiry of this period, the customer is deemed to have approved the invoice.
10.4 The delivered goods can only be returned after the prior written approval of Boots by M. A condition for this is that the purchase of the items concerned has taken place within a period of 14 days before the return request. Return requests must be made stating the number of the invoice / order confirmation and provided with a clear description of article numbers, quantities and the reason for the return request. Boots by M expressly reserves the right not to honor applications.
If Boots by M allows goods to be returned, Boots by M's customer service will assign a return number to the customer. The return number is valid for a period of 7 working days from the date of issue. During the aforementioned period of 8 days, the goods must be delivered to the Boots by M distribution center. When returning the goods, the return number must be clearly stated on the enclosed packaging documents. Only items that are complete, in unopened and undamaged condition and in their original packaging, without (printed) adhesive tape and without written text on the packaging, can be returned and can be accepted. The customer bears all responsibility for the items that are returned. Except in the case of a clear mistake by Boots by M, the costs for return shipment are borne by the customer and Boots by M has the right to charge a fee for handling the returned goods.
Article 11: Right of withdrawal
11.1 The buyer is obliged to carefully inspect the products or have them inspected immediately upon receipt. Agreements with consumer buyers, which have been concluded via the internet site or in another manner, whereby only electronic communication has been used, the consumer buyer has the right to exercise a right of withdrawal of seven (7) without stating reasons. working days after delivery of the product in question. This right of withdrawal excludes software or other products of which the seal (seal) has been broken, or other personalized products.
11.2 The consumer-buyer can only actually make use of his right of withdrawal if the products are complete, undamaged, unused and returned in the original packaging. The return shipment must be in Boots by M's possession no later than the 14th day after delivery of the product in question. The sending goods back should be sufficiently stamped. The risk of transmission and based on the evidence of consumer purchaser.
11.3 If the consumer buyer has made use of the right of withdrawal, as stated in the previous paragraphs, Boots by M will arrange for a refund within 30 days of the purchase price paid by the consumer buyer.
Article 12: Warranty
12.1 The warranty with regard to the goods delivered by Boots by M is limited, with regard to both content and duration, to the warranty granted by the manufacturer.
12.2 Guarantee provisions are only valid for the corresponding use of the delivered goods.
Article 13: Liability
13.1 Boots by M is never obliged to pay compensation for direct or indirect damage, arising from or arising from defects in goods or services supplied or due to the non-functioning, late or incorrect functioning of the goods and / or services, except in the case of intent or gross negligence on the part of Boots by M. Any liability for business damage (business interruption, loss of income, etc.) data loss or reduction, and / or consequential damage, caused by whatever cause, including delay in the delivery time of goods and services is expressly excluded.
13.2 Boots by M is not liable for damage caused by its employees and / or third parties engaged by it to the customer or third parties, for whatever reason or for whatever reason, except in the case of intent or gross negligence attributable to Boots by M .
13.3 Boots by M is not liable for damage of any nature whatsoever that has arisen or caused by incorrect, careless or incompetent use, or by use for other than normal purposes of goods delivered by Boots by M.
13.4 The customer indemnifies Boots by M and its employees against claims from third parties for compensation of material and immaterial damage, which is directly or indirectly caused by (use of) the goods delivered by Boots by M, unless the damage is the result of intent / gross fault of Boots by M personnel and / or third parties engaged by it.
13.5 Boots by M's liability under the agreement concluded with the customer is under all circumstances limited to the invoice amount of the agreement excluding VAT.
13.6 Any claims from the customer must be submitted to Boots by M within eight working days after the execution of the agreement, failing which all claims on that account will have lapsed.
Article 14: Default
14.1 The customer is considered to be in default by operation of law and the (remaining) debt will be immediately due and payable in the event:
14.2 Boots by M is entitled in 13.1 cases without any obligation to pay compensation and without prejudice to its rights, such as rights with regard to costs or interest that have already expired and the right to compensation, and without any notice of default or legal intervention being required for this:
Article 15: Payment methods of Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment method (s). Payment must be made to Klarna.
In order to provide you with Klarna's payment options, we will pass certain personal information, such as contact and order information, to Klarna so that Klarna can assess your eligibility for their payment options and adjust the payment options for you. General information about Klarna can be found here.
Your personal data will be treated in accordance with applicable data protection legislation and in accordance with the information in Klarnas privacy statement.
Gift card conditions
In addition to our General Terms and Conditions of Sale, these gift voucher conditions apply to gift vouchers issued by Boots by M. By using a gift voucher you accept these gift voucher conditions.