General terms and conditions

General terms and conditions of the general partnership V.O.F. Steenbergen Schoenen
established in (7462 AS) Rijssen at Haarstraat 54, hereinafter to be referred to as: "Steenbergen Schoenen". 

Chamber of Commerce number: 06015623
VAT identification number: NL005901467B01

Filed with the court registry on 21 December 2010 under number 51/2010.

I.          Definitions

• general terms: these general terms from Steenbergen Schoenen
• customer: the party entering into an arrangement with Steenbergen Schoenen
• agreement: the agreement between Steenbergen Schoenen and the customer
• website: www.steenbergen-schoenen.nl 

II.       Applicability

These General Conditions apply to and form an unbreakable whole with all offers of Steenbergen Schoenen, all acceptances by Steenbergen Schoenen, and all agreements with Steenbergen Schoenen.  The other party will be referred to as 'the customer'. 

Deviating conditions or stipulations only apply if the customer and Steenbergen Schoenen have agreed to them in writing and then only for that agreement in which they are made; for the rest, the present terms and conditions remain in force.

Insofar as these general terms and conditions are also drawn up in a language other than Dutch, the Dutch text shall always prevail in the event of differences.

III.        Offers, orders, and confirmations

Offers and deals from Steenbergen Schoenen are non-binding unless otherwise specified. 

Our collection was carefully selected. We attempt to ensure that information on our website is complete, accurate, and current. Steenbergen Schoenen is not committed to any mistakes or changes in images, drawings, descriptions, sizes, prices, or other information mentioned on the website. With our offers, we do mention: 

• the most important characteristics of the product;
• the price including VAT;
• the shipment fees;
• payment options, delivery, and the way the agreement will be executed;
• the possibility of dissolution and return;
• the period of validity of the offer;

An agreement is only realized after Steenbergen Schoenen has confirmed the customer's order by e-mail, or has commenced the execution of the agreement. In this confirmation email, Steenbergen Schoenen will in any case confirm the following:

• the most important characteristics of the product;
• the price including VAT;
• the shipment fees;
• payment options, delivery, and the way the agreement will be executed;
• the possibility of dissolution and return;
• the storefront address of Steenbergen Schoenen

In the event of a difference between the order intended by the customer and the written confirmation of Steenbergen Schoenen, the customer is bound to the written confirmation of Steenbergen Schoenen. This is unless the customer informs Steenbergen Schoenen within 8 days of the date of the confirmation that the confirmation of Steenbergen Schoenen is not by the order or that the customer can prove that this was known by Steenbergen Schoenen. 

The administration of Steenbergen Schoenen will subject to proof to the contrary, serve as proof of the agreement concluded between Steenbergen Schoenen on the one hand and the customer on the other hand. 

Steenbergen Schoenen holds the right to, without stating a reason, refuse or cancel an order. Steenbergen Schoenen will do its best to inform the customer about the refusal or cancellation as soon as possible. If Steenbergen Schoenen decides to cancel an order, Steenbergen Schoenen is in no way obliged to pay any compensation to the customer. 

Steenbergen Schoenen is only obliged to fulfill or commence the preparation of its obligations from the agreement after Steenbergen Schoenen has received all information required for the execution of the agreement from the customer. 

IV.        Prices

All the prices mentioned on our website are including VAT.

V.         Right of revocation/right of return

The customer can cancel the agreement without stating a reason, within 14 days of receiving the product. 

If the customer wishes to make use of the possibility described in paragraph 1 of this article, the customer must return the product accompanied by the invoice to Steenbergen Schoenen. 

Returns shipping is at the customer's own risk and expense. 

The product must be returned without traces of use, without damage, and in the original, undamaged box and, if possible, in Steenbergen Schoenen's shipping box. 

A returned product that does not meet the conditions outlined in paragraph 4 of this article, will not be accepted. 

The amount paid by the customer, upon acceptance of the return, will be refunded to the customer as soon as possible, but in any case within thirty days.

The customer has the opportunity to exchange the product within eight days of receipt in the Steenbergen Schoenen store in Rijssen. The product must in that case be exchanged without traces of use, without damage, and in the original, undamaged box, accompanied by a printout of the confirmation email from Steenbergen Schoenen.

VI.   Delivery

Steenbergen Schoenen strives to deliver an order within 3 business days but will deliver within 14 days of the order at the latest. If the delivery is delayed or the order cannot be delivered in whole or in part, Steenbergen Schoenen will notify the customer of this within 14 days of the order. An agreed-upon delivery term will always be a target term unless expressly agreed otherwise.

The place of delivery is the address provided by the customer.

The date of delivery is the day of delivery of the goods.

If the delivery term is exceeded, the customer may give Steenbergen Schoenen written notice of default.

Steenbergen Schoenen will only be in default concerning the delivery term if Steenbergen Schoenen subsequently fails to deliver within a reasonable additional term included in the notice of default. This reasonable additional term is at least five weeks.

If Steenbergen Schoenen has not yet delivered the goods within this reasonable additional term, the customer will be authorized to dissolve the agreement insofar as it has not been fulfilled.

Exceeding a delivery term by Steenbergen Schoenen will not entitle the customer to compensation.

VII.       Inspection and complaints

The client is obliged to check upon or immediately after delivery whether the delivered goods comply with the agreement and in particular to check for soundness, soundness, and completeness.

If the customer discovers defects and/or shortcomings during the inspection referred to in paragraph 1, the customer must report these in writing to Steenbergen Schoenen within three days after delivery. If the term mentioned in this paragraph is exceeded, any claim against Steenbergen Schoenen concerning those shortcomings and/or defects will lapse.

Steenbergen Shoes will not accept complaints that have arisen as a result of use and that concern

• Wear and tear of soles;
• Wear heels;
• bare noses;
• broken zippers;
• damage to the lacquer;
• loosening and loss of sequins, beads, bows, and other embellishments;
• wear from running, crawling, etc;
• colored inner lining that gives off

Any complaints from customers as a result of the services provided by Steenbergen Schoenen must be reported in writing to the customer service department of Steenbergen Schoenen, which takes care of the settlement within a reasonable term that will not exceed six weeks after the postmark. Customer service can be reached at:

Steenbergen Shoes
Haarstraat 54
7462 AS RIJSSEN
Phone number: 0548 512652
E-mail address: [email protected]

VIII.      Transfer and retention of title

Subject to the provisions of paragraph 2 of this article, ownership of the goods will pass to the customer at the time of delivery.

Steenbergen Schoenen will retain ownership of all items it delivers to the customer until the purchase price for all these items has been paid in full.

IX.         Force majeure

measures, defects to machinery, disruptions in the supply of energy, lack of materials, raw and auxiliary materials, defects to means of transport, and transport impediments, all this both in the business of Steenbergen Shoes and of its suppliers and those charged with storage or transport and due to all other causes that arise outside the fault or risk environment of Steenbergen Schoenen.

An agreed delivery term will be extended by the period during which Steenbergen Schoenen is prevented from fulfilling its obligations due to force majeure.

If the delivery is delayed by more than twelve months due to force majeure, both Steenbergen Schoenen and the customer will be authorized to dissolve the agreement -for the part that has not been fulfilled- with due observance of the provisions of paragraph 4.

If the force majeure occurs while the agreement has already been partially executed, the customer will keep the part of the goods already delivered and pay the price due for it, unless the customer demonstrates that the part of the goods already delivered cannot or can no longer be used or utilized effectively by the customer as a result of the non-delivery of the remaining goods. In the latter case, if the remaining delivery is delayed by more than twelve months due to force majeure, the customer will have the right to dissolve the agreement also for the part already delivered under the obligation to return what has already been delivered to Steenbergen Schoenen for the account and risk of the customer.

X.         Invoicing and payment

Payment must be made via iDEAL or cash on delivery to the driver.

Steenbergen Schoenen is entitled to invoice also after each partial delivery.

The customer is, without any summons or notice of default being required, in default by the mere expiry of the payment term.

If the term of payment is exceeded, the customer shall owe default interest of 1% per month from the date of default, whereby part of a month shall be counted as a whole month. At the end of each year, the amount on which the interest is calculated is increased by the interest due for that year.

If the customer does not meet his payment obligations promptly, he shall also owe the extrajudicial collection costs. These costs amount to at least 15% of the principal amount due, with a minimum of € 200. Steenbergen Schoenen is only obliged to prove the costs incurred insofar as they exceed the percentage and amount referred to in the previous sentence.

XI.        Liability and indemnity

Steenbergen Schoenen is not liable for any direct or indirect material or immaterial damage, regardless of how it is called, that the customer or a third party suffers in connection with or arising from negotiations conducted with Steenbergen Schoenen, an agreement entered into with Steenbergen Schoenen, an error, shortcoming or default on the part of Steenbergen Schoenen, an appeal to force majeure on the part of Steenbergen Schoenen or an item delivered by Steenbergen Schoenen or due to any (other) cause whatsoever, unless the customer or the third party in question demonstrates that the damage is due to intent or deliberate recklessness on the part of Steenbergen Schoenen.

If it should be determined in court that the limitation of liability described in paragraph 1 cannot be maintained, the amount to be paid by Steenbergen Schoenen for damages - including penalties - will never be higher than the amount that the customer has paid or owes to Steenbergen Schoenen, excluding VAT, on account of the order in question from which the claim for damages arises.

In all cases in which Steenbergen Schoenen is entitled to appeal to the provisions of this article, any employee(s) charged may also appeal to this, as if the provisions of this article had been stipulated by the employee(s) concerned.

The customer will fully indemnify Steenbergen Schoenen at the first request for all third-party claims against Steenbergen Schoenen in respect of any fact for which liability is excluded in these terms and conditions.

XII.       Termination

Steenbergen Schoenen may dissolve the agreement in whole or in part with immediate effect - without being obliged to pay any compensation to the customer and without prejudice to the right of Steenbergen Schoenen to claim compensation from the customer - if the customer is declared bankrupt, applies for a temporary suspension of payment a request of the customer (natural person) to have the debt rescheduling scheme declared applicable is granted by the court, the customer loses the authority to dispose of his/her assets or parts thereof by attachment, placement under guardianship or otherwise, and if the customer fails to fulfill one or more of his/her obligations, regardless of whether these arise from an agreement or the law.

In the cases mentioned in paragraph 1, all that the customer owes Steenbergen Schoenen, including compensation, will be immediately and fully due and payable.

XIII.      Conversion and provisions that remain in force

If any provision of these terms and conditions should be ineffective, the other provisions will nevertheless remain in effect. Furthermore, any such ineffective provision must be converted into a provision with as much of the same purport as possible, which is effective. After the termination of the agreement, regardless of the cause thereof, those provisions which by their nature are intended for that purpose shall remain in force.

XIV.     Applicable law and competent judge

Dutch law applies to all legal relationships between Steenbergen Schoenen and the customer. The applicability of the 1980 United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is expressly excluded.

All disputes that may arise between parties as a result of the relationships governed by these terms and conditions will, insofar as they exceed the jurisdiction of the subdistrict court, be submitted to the opinion of the District Court in Almelo unless any mandatory statutory provision prevents this.