Terms and Conditions

 

General Terms and Conditions VIJZ

The sole soprietorship VIJZ (hereinafter: VIJZ) is registered at the Chamber of Commerce with number 64971783 and is located at Heiligestraat 35A (4001 DK) in Tiel (the Netherlands).

 

Article 1 - Definitions

1. In these general terms and conditions, the following terms have the following meaning, unless explicitly stated otherwise:

2. Offer: Any written offer to the Buyer to deliver Products and/or Services by the Seller to which these terms and conditions are inseparably linked.

3. Consumer: The natural person who does not act in the exercise of a profession or business.

4. Buyer: The Company or Consumer who enters into an Agreement (at a distance) with the Seller.

5. Agreement: The (distance) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from VIJZ.

6. Products: The Products offered by VIJZ are custom-made shoes.

7. Seller: The supplier of Products to the Buyer, hereinafter: VIJZ.

 

Article 2 - Applicability

1. These general terms and conditions apply to every Offer of VIJZ and every Agreement between VIJZ and a Buyer and to every Product and Services offered by VIJZ.

2. Before an Agreement is concluded (at a distance), the Buyer will have access to these general terms and conditions. If this is not reasonably possible, VIJZ will indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case have been published on the VIJZ website, so that the Buyer can easily store these general terms and conditions on a durable medium.

3. Deviation from these general terms and conditions is not possible. In exceptional situations, deviation is possible if this has been explicitly agreed in writing with VIJZ.

4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchase conditions of the Buyer are explicitly rejected.

5. If one or more provisions of these general terms and conditions are partially or completely null and void or are nullified, the other provisions of these general terms and conditions will remain in force and the void / nullified provision (s) will be replaced by a provision with the same purport as the original provision.

6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions should be assessed and explained in the spirit of these general terms and conditions.

7. If reference is made to him/her in these general terms and conditions, this should also be understood as a reference to he/ him /her, if and insofar as applicable. 

 

Article 3 - The Offer

1. All Offers made by VIJZ are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists when it has been communicated in writing.

2. VIJZ is only bound by the Offer if the acceptance thereof is confirmed in writing by the Buyer within 30 days, or if the Buyer has already paid the amount due. Nevertheless, VIJZ has the right to refuse an Agreement with a potential Buyer for a valid reason for VIJZ.

3. The Offer contains an accurate description of the offered Product with associated prices. The description is detailed in such a way that the Buyer is able to make a proper assessment of the Offer. Apparent mistakes or errors in the Offer cannot bind VIJZ. Any images and specific data in the Offer are only an indication and cannot be a ground for any compensation or the dissolution of the Agreement (at a distance). VIJZ cannot guarantee that the colors in the image exactly match the real colors of the Product.

4. Delivery times and delivery periods stated in VIJZ's Offer are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded, unless explicitly agreed otherwise.

5. A composite quotation does not oblige VIJZ to deliver part of the Goods included in the Offer at a part of the stated price.

6. If and insofar as there is an offer, this does not automatically apply to repeat orders and or agreements. Offers are only valid until stocks last, and according to the sold-out principle.

 

Article 4 - Establishment of the Agreement

1. The Agreement is concluded at the moment that the Buyer has accepted an Offer from VIJZ by paying for the relevant Product.

2. An Offer can be made by VIJZ via the website.

3. If the Buyer has accepted the Offer by concluding an Agreement with VIJZ, VIJZ will confirm the Agreement with the Buyer in writing, at least by email.

4. If the acceptance deviates (on minor points) from the Offer, VIJZ is not bound by it.

5. VIJZ is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or error.

6. Products that cannot be taken back due to customization are excluded from the right of withdrawal. This is expressly stated in the Offer.

 

Article 5 - Execution of the Agreement

1. VIJZ will execute the Agreement to the best of its knowledge and ability.

2. If and insofar as required for the proper execution of the Agreement, VIJZ has the right to have certain activities performed by third parties at its own discretion.

3. The Buyer shall ensure that all data, of which VIJZ indicates that they are necessary or of which the Buyer should reasonably understand that they are necessary for the execution of the Agreement, are provided to VIJZ in a timely manner. If the information required for the execution of the Agreement is not provided to VIJZ in time, VIJZ has the right to suspend the execution of the Agreement.

4. In the performance of the Agreement, VIJZ is not obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for VIJZ, the Buyer is obliged to reimburse the additional or additional costs accordingly.

5. Before proceeding to implement the Agreement, VIJZ may require security from the Buyer or full payment in advance.

6. VIJZ is not liable for damage, of whatever nature, that has arisen because VIJZ relied on incorrect and / or incomplete information provided by the Buyer, unless this inaccuracy or incompleteness was known to VIJZ.

7. The Buyer indemnifies VIJZ against any claims from third parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.

8. The Buyer must send his/her own shoes to VIJZ, after which VIJZ will disassemble these shoes and make new shoes to measure using the materials of the Buyer's shoes and materials purchased by VIJZ.

 

Article 6 - Customization

1. The buyer must record all wishes and requirements for developing a design for the purpose of developing and realizing custom work in writing by e-mail. The buyer also has the option to indicate his/her wishes on location. VIJZ may deviate from this in consultation with the Buyer if this is necessary and/or desirable in order to achieve the desired result.

2. Creating a custom product is an expression of creativity, taste and individuality. If the Buyer agrees with the Offer as made known by VIJZ, this also means that the Buyer agrees with the approach and style that VIJZ uses. VIJZ has the right to implement the content of its services, insofar as nothing has been expressly reported by the Buyer, at its own technical and creative insight.

3. The buyer can choose the materials himself.

4. Unless the Parties agree on a different method, the design will be developed in accordance with the following method in 5 phases:

  1. Phase I: concept development. The parties will consult with each other to make a translation of the wishes of the Buyer into a design with regard to the product. The information from the Buyer regarding, among other things, the number and the visual characteristics is crucial in this regard.

  2. Phase II: Visualization. VIJZ will produce x number of sketches where one or more designs can be selected. The selected sketch(s) will be worked out. After approval of such a design, as well as the quotation prepared for this, this design can be regarded as a product of the Buyer, which serves as the basis for further creative elaboration. Buyer gets [NUMBER] sketches from which one can be chosen. Design of the first choice will be made and color variants can be chosen by Buyer.

  3. Phase III: feedback. Such a product is then further fine-tuned according to the Buyer's instructions. The Buyer is hereby entitled to [number] adjustments in accordance with the provisions determined by VIJZ when the agreement was entered into. The buyer is obliged to assess the design and/or give its approval within a maximum period of 7 days, unless a different period has been expressly agreed. The parties can agree that the Buyer is still entitled to an additional number of adjustments after an initial approval. If more adjustment rounds are required, or if major changes are made, an additional cost may be charged.

  4. Phase IV: delivery. After the reflection period as mentioned in phase III, the developed design is final provided no adjustments/feedback have been made. In the other case, VIJZ will carry out a final adjustment round and the design will then be final. In accordance with the Agreement, the Buyer will receive the Product that has been made on the basis of the design.

5. VIJZ may require the Buyer to make additional agreements regarding the performance, costs or duration of the Agreement if, in the opinion of VIJZ, circumstances or other external factors stand in the way of an effective performance of the Agreement.

6. If the Buyer wishes to make or have made a variant, derivative version or elements of the Product developed by VIJZ by a third party or to make one itself, VIJZ must give the Buyer explicit written permission for this in advance. Without any prior permission, any modified version of VIJZ's work will be considered an infringement of VIJZ's intellectual property rights or copyrights.

7. VIJZ has the right to use all works to which its intellectual property rights rest for its own promotion and/or publicity, without the need to obtain (prior) explicit permission from the Buyer, unless otherwise agreed.

8. The intellectual property rights and copyrights to the Product remain with VIJZ, unless explicitly agreed otherwise. In principle, the Buyer obtains a right of use after the moment of delivery and insofar as all outstanding invoices have been paid on the Product. All previous designs and sketches and other products remain the property of VIJZ and cannot be used by the Buyer, unless further agreements are made about this. 

9. If the Buyer requests ownership of the works, this can only be transferred with the explicit permission of VIJZ, whereby additional costs will be charged. VIJZ may require the Buyer to conclude a separate agreement for this. However, VIJZ is never obliged to comply with this request.

 

Article 7 - Delivery

1. If the commencement, progress or (completion) of the Agreement is delayed because, for example, the Buyer has not supplied all the requested information or has not provided it on time, does not provide sufficient cooperation, the (down) payment has not been received on time by VIJZ or if any delay occurs due to other circumstances beyond the control of VIJZ, VIJZ is entitled to a reasonable extension of the delivery or completion period. All agreed delivery times are never strict deadlines. The buyer must give VIJZ written notice of default and allow it a reasonable term in which to deliver. The buyer is not entitled to any compensation due to the delay.

2. The Buyer, being a Company, is obliged to purchase the Products at the time when they are made available to it in accordance with the Agreement, even if they are offered to Buyer earlier or later than agreed.

3. If the Buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, VIJZ is entitled to store the Products at the expense and risk of the Buyer.

4. If the Products are delivered by VIJZ or an external carrier, VIJZ is entitled to charge any delivery costs, unless otherwise agreed in writing. These will then be invoiced separately unless explicitly agreed otherwise.

5. If VIJZ requires information from the Buyer in the context of the performance of the Agreement, the delivery time will only commence after the Buyer has made all the information necessary for the performance available to VIJZ.

6. If VIJZ has stated a term for delivery, this is indicative. Longer delivery periods apply for deliveries outside the Netherlands.

7. VIJZ is entitled to deliver the Products in parts, unless this has been deviated from by Agreement or the partial delivery has no independent value. VIJZ is entitled to invoice the delivered goods separately.

8. Deliveries are only made if all invoices have been paid unless explicitly agreed otherwise. VIJZ reserves the right to refuse delivery if there are well-founded fears of non-payment.

 

Article 8 - Packaging and transport

1. VIJZ undertakes towards the Buyer to properly package the Goods to be delivered and to secure them in such a way that they reach their destination in good condition during normal use.

2. Unless otherwise agreed in writing, all deliveries are made excluding sales tax (VAT), including packaging and packaging material.

3. Acceptance of Goods without any comments or remarks on the consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.

 

Article 9 - Prices

1. During the validity period of the Offer, the prices of the Products being offered will not be increased, except in the event that there are changes in VAT rates.

2. The prices stated in the Offer are exclusive of VAT, unless expressly stated otherwise. 

3. The prices as stated in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement, such as: the import and export duties, freight and unloading costs, insurance and any levies and taxes.

4. In the event of Products or raw materials of which there are price fluctuations on the financial market and on which VIJZ has no influence, VIJZ can offer these Products at variable prices. It is stated in the Offer that the prices are target prices and can fluctuate.

5. If (cost) price-increasing circumstances arise for VIJZ between the date of the conclusion of the Agreement (or quotation) and its implementation as a result of legislation and regulations, price changes at third parties or suppliers engaged by VIJZ or changes in the prices of the required semi-finished products, materials, parts or currency fluctuations, shipping and/or delivery costs, wages, employer's contributions and/or (social) premiums, etc., VIJZ is entitled to increase the agreed price or compensation accordingly and charge it to the Buyer.

 

Article 10 - Payment and collection policy

1. Payment must be made in advance in the currency in which the invoice is made via the indicated method.

2. The buyer cannot derive any rights or expectations from a previously issued budget, unless the parties have explicitly agreed otherwise.

3. The buyer must make a lump sum payment to the account number and details of VIJZ made known to it. Parties can only agree on a different payment term after explicit and written permission from VIJZ.

4. If a periodic payment obligation of the Buyer has been agreed, VIJZ is entitled to adjust the applicable prices and rates in writing with due observance of a period of 3 months.

5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, VIJZ's claims against the Buyer are immediately due and payable.

6. VIJZ has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. VIJZ can, without being in default as a result, refuse an offer of payment if the Buyer designates a different order for the allocation. VIJZ can refuse full repayment of the principal, if the outstanding and current interest as well as the costs are not also paid.

7. If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the specified payment term of 14 days, the Buyer will first receive a written reminder with a term of 14 days after the date of the reminder to still fulfill the payment obligation. together with a statement of the extrajudicial costs if the Consumer does not meet his obligations within that period, before he falls into default.

8. From the date that the Buyer is in default, VIJZ will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 BW, to be calculated according to the graduated scale from the decision on reimbursement for extrajudicial collection costs of 1 July 2012.

9. If VIJZ has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also at the expense of the Buyer.

 

Article 11 - Retention of title

1. All Goods delivered by VIJZ remain the property of VIJZ until the Buyer has fulfilled all of the following obligations arising from all Agreements concluded with VIJZ.

2. The Buyer is not entitled to pledge or encumber in any other way the Products subject to retention of title if ownership has not yet been transferred in full.

3. If third parties seize the Products delivered under retention of title or wish to establish or assert rights thereon, the Buyer is obliged to inform VIJZ of this as soon as may reasonably be expected.

4. In the event that VIJZ wishes to exercise its property rights indicated in this article, the Buyer gives unconditional and irrevocable permission and authorization to VIJZ or third parties to be designated by VIJZ to enter all those places where the properties of VIJZ are located and to also take back those Products.

5. VIJZ has the right to retain the Product (s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or hand over VIJZ. After the Buyer has still fulfilled its obligations, VIJZ will make every effort to deliver the purchased Products to the Buyer as soon as possible, but no later than 20 working days.

6. Costs and other (consequential) damage as a result of retaining the purchased Products are at the expense and risk of the Buyer and will be reimbursed to VIJZ by the Buyer upon first request.

 

Article 12 - Warranty

VIJZ guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or reliability and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified VIJZ of this use at the time of entering into the Agreement.

 

Article 13 - Suspension and termination

1. VIJZ is authorized to suspend the fulfillment of the obligations or to terminate the Agreement if the Buyer does not or not fully comply with the (payment) obligations under the Agreement.

2. In addition, VIJZ is authorized to terminate the Agreement existing between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not comply in time or properly with the obligations arising for him from any Agreement concluded with VIJZ arise.

3. Furthermore, VIJZ is authorized to terminate the Agreement or have it terminated without prior notice of default if circumstances arise of such a nature that fulfillment of the Agreement is impossible or, according to standards of reasonableness and fairness, can no longer be required or if circumstances arise in some other way which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.

4. If the Agreement is terminated, VIJZ's claims against the Buyer are immediately due and payable. When VIJZ suspends fulfillment of its obligations, it retains its rights under the law and Agreement.

5. VIJZ always reserves the right to claim compensation.

 

Article 14 - Limitation of liability

1. If the performance of the Agreement by VIJZ leads to VIJZ's liability towards the Buyer or third parties, that liability is limited to the costs charged by VIJZ in connection with the Agreement, unless the damage has arisen due to intent or gross negligence. VIJZ's liability is in any case limited to the maximum amount of damage paid out by the insurance company per event per year.

2. VIJZ is not liable for consequential damage, indirect damage, loss of profit and / or loss, missed savings and damage as a result of the use of the delivered Products is excluded. A restriction applies to the Consumers in accordance with what is permitted under Article 7:24 paragraph 2 BW.

3. VIJZ is not liable for and/or obliged to repair damage caused by the use of the Product. VIJZ supplies strict maintenance and operating instructions that must be complied with by the Buyer. All damages to Products as a result of using it, is expressly excluded from liability (this includes traces of usage (fall) damage, light and water damage, theft, loss, etc.).

4. VIJZ is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.

5. VIJZ is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for whatever reason.

6. VIJZ does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of VIJZ, nor for the timely receipt thereof.

7. If the (consequences) of an unsound execution of the work is due to defects or unsuitability of goods from the Buyer, the consequences will be borne by the Buyer, unless VIJZ has breached its warning obligation or otherwise with regard to these defects in expertise. or due care has failed. VIJZ is also not liable for early commissioning of part or all of the work by the Buyer.

8. All claims of the Buyer due to shortcomings on the part of VIJZ lapse if they are not reported in writing and with reasons to VIJZ within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer shall in any case expire one year after the termination of the Agreement.

 

Article 15 - Force majeure

1. VIJZ is not liable if, as a result of a force majeure situation, it cannot fulfill its obligations under the Agreement, nor can it be held to comply with any obligation if it is prevented from doing so as a result of a circumstance. which is not due to its fault and cannot be accounted for by law, legal act or generally accepted standards.

2. Force majeure is in any case understood, but is not limited to what is understood in this respect in law and jurisprudence, (i) force majeure of suppliers of VIJZ, (ii) failure to properly fulfill obligations of suppliers to which the Buyer has VIJZ are prescribed or recommended, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunications facilities (for example through: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at the VIJZ company and (xi) other situations that, in the opinion of VIJZ outside its sphere of influence that temporarily or permanently impede the fulfillment of its obligations.

3. VIJZ has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after VIJZ should have fulfilled its obligation.

4. During the period that the force majeure continues, the parties can suspend the obligations under the Agreement. If this period lasts longer than two months, each of the parties is entitled to terminate the Agreement, without any obligation to pay compensation to the other party.

5. Insofar as VIJZ has in the meantime partially fulfilled or will be able to fulfill its obligations under the Agreement at the time of the commencement of force majeure, and independent value is attributed to the part fulfilled or to be fulfilled respectively, VIJZ is entitled to fulfill or fulfill the already fulfilled respectively. come to be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

 

Article 16 - Transfer of Risk

The risk of loss or damage to the Products that are the subject of the Agreement transfers to the Buyer if the Products have been provided under the Buyer's control. This is the case if the Products have been delivered to the delivery address of the Buyer.

 

Article 17 - Intellectual Property Rights

1. All intellectual property rights and copyrights of VIJZ rest exclusively with VIJZ and are not transferred to the Buyer.

2. The Buyer is prohibited from disclosing and / or multiplying, modifying or making available to third parties all documents on which VIJZ's intellectual property rights and copyrights rest without the express prior written consent of VIJZ. If the Buyer wishes to make changes to Products delivered by VIJZ, VIJZ must explicitly agree to the intended changes.

3. The Buyer is prohibited from using the Products on which VIJZ's intellectual property rights rest in any other way than agreed in the Agreement.

 

Article 18 - Privacy, data processing and security     

1. VIJZ handles the (personal) data of the Buyer and visitors to the website (s) with care. If requested, VIJZ will inform the person concerned about this.

2. If VIJZ is required to provide information security on the basis of the Agreement, this security will meet the agreed specifications and a security level that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.

 

Article 19 - Complaints

1. If the Buyer is not satisfied with the Products of VIJZ and/or has complaints about the (performance of the) Agreement, the Buyer is obliged to submit these complaints as soon as possible, but no later than 14 calendar days after the relevant cause that gives rise to the complaint resulted in reporting. Complaints can be reported via info@vijzbespokes.com with the subject “Complaint”.

2. The complaint must be sufficiently substantiated and/or explained by the Buyer if VIJZ is to be able to process the complaint.

3. VIJZ will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.

4. The parties will try to find a solution together.

 

Article 20 - Applicable law

1. The Dutch law applies to every Agreement between VIJZ and the Buyer. The applicability of the (CISG) International Sale of Goods is expressly excluded.

2. In the event of an explanation of the content and scope of these general terms and conditions, the Dutch language is always decisive. VIJZ has the right to unilaterally change these general terms and conditions.

3. All disputes arising from or in connection with the Agreement between VIJZ and the Buyer will be settled at the competent Court of Gelderland (Location Arnhem, the Netherlands) unless mandatory provisions lead to the jurisdiction of another court.

 

 

Tiel, December 1st, 2021.