Terms and conditions
Article 1 General Terms and Conditions
- In the terms and conditions, the following terms will be used in the subsequent meaning, unless explicitly mentioned otherwise:
- Offer: All written offerings to the Buyer for the delivery of products by the Seller where these terms and conditions are inextricably linked.
- Buyer: A natural legal person, non-trading in business or profession, whom enters an Agreement (at a distance) with the Seller.
- Agreement: The sales agreement (at a distance) ranges from the sales and delivery of Products to the Buyer, purchased from FelixPattas.
- Products: The Products offered by FelixPattas are sneakers.
- Seller: The offeror of the Products to the Buyer, Hereon forth: FelixPattas.
Article 2 Applicability
- These terms and conditions are applicable for all Offers of FelixPattas and all Agreements between FelixPattas and the Buyer, and of all Products that are offered by FelixPattas.
- Before an Agreement (at a distance) is concluded, the Buyer is granted access to the Terms and Conditions. In the case that this is reasonably impossible, FelixPattas will indicate to the Buyer how the Buyer will be able to look into the terms and conditions, which have been published on the website of FelixPattas, in order for the Buyer to be able to save the terms and conditions on a sustainable data carrier.
- In exceptional cases, a deviation from the terms and conditions can be made if this has been agreed explicitly and in a written statement with FelixPattas.
- These terms and conditions are also applicable on additional, altered and follow-up agreements with the Buyer. Potential general and/or purchasing conditions from the Buyer are explicitly rejected.
- In the case that one or multiple provisions of these terms and conditions are partially or completely void or annulled, the remaining provisions of these terms and conditions will remain applicable and the void/annulled provision(s) will be replaced by a provision with the same scope as the original provision.
- Ambiguity regarding the content, explanation or situations that are not mentioned in these terms and conditions are required to be reviewed and explained in relation to the terms and conditions.
- In the case that these terms and conditions refer to she/her, this also needs to be conceived as a reference to he/him/his, if applicable.
Article 3 The Offer
- All Offers from FelixPattas are without obligation, unless it is indicated explicitly and in written form. In case of the Offer being limited or valid under specific conditions, this is explicitly mentioned in the Offer. An Offer initially exists if it is recorded in writing.
- FelixPattas is bound to the Offer if the acceptance of this offer by the Buyer is confirmed in written form within 14 days, or the Buyer has covered the owed amount. Nevertheless, FelixPattas has the authority to refuse an Agreement with a potential Buyer on a for FelixPattas substantiated reason.
- The Offer contains an accurate description of the offered Products with the adequate prices. The description is written accurately in such a way that it enables the Buyer to create a correct judgement on the Offer. Potential faults or mistakes in the Offer cannot be bound to FelixPattas. Any images and specific data in the Offer are only an indication and cannot be the foundation for any compensation or the dissolving of the Agreement (at a distance). FelixPattas cannot guarantee that the colors displayed in an image are exactly corresponding with the colors of the Product.
- Delivery times and delivery terms in the Offer of FelixPattas are an indication and do not provide the Buyer with compensation or dissolving of the Agreement, if the delivery time/terms are exceeded, unless explicitly agreed otherwise.
- A quotation does not obligate FelixPattas for the delivery of a product at the discounted price of the Offer against a part of the quoted price.
- In the case of an Offer at a discounted price, it does not automatically apply to repeat orders. Offers at a discounted price are available based on the stock, which is according to the “sold is sold” principle.
- The current market value of the Products is subject to change, causing the quotation to change accordingly.
Article 4 Establishment of the Agreement
- The Agreement exists when the Buyer accepts the Offer of FelixPattas for a specific Product through ordering or by paying.
- An Offer can be made by FelixPattas through the website.
- In case that the Buyer accepts the Offer through an Agreement with FelixPattas, the Agreement will be confirmed by FelixPattas to the Buyer in written form, at least per e-mail.
- In case that the acceptance (on points indicated below) deviates from the Offer, FelixPattas is not responsible.
- FelixPattas is not bound to an Offer if the Buyer could or should have expected that the Offer contained a fault or mistake. From this fault or mistake the Buyer has no rightful case against FelixPattas.
- The Buyer has the right to use their right of withdrawal within the legal term. In case of withdrawal being applicable, the Buyer should be diligent with the Product and the packaging. He will only unpack or use it in such a way that is required to determine the kind, the characteristics and the usage of the Product. The direct cost of returning the Product is accountable to the Buyer.
Article 5 Execution of the Agreement
- FelixPattas will execute the Agreement according to their best insight and ability.
- In case the Agreement is required to contain work by third parties, FelixPattas has the right to outsource certain activities to these third parties.
- The Buyer is responsible for the personal data, which FelixPattas indicates is necessary or which the Buyer could reasonably understand are necessary for the execution of the Agreement, and are provided in a timely manner. In case that this data is not provided within a timeframe required for the execution of the Agreement, FelixPattas has the right to suspend the execution of the Agreement.
- During the execution of the Agreement, FelixPattas is not responsible nor accountable to follow any instructions from the Buyer in case this deviates from the content or scope of the Agreement. In case the instructions cause additional work for FelixPattas, the Buyer is responsible for compensating the additional costs made, based on the service contract.
- Before the execution of the Agreement, FelixPattas may require the Buyer to provide a security, which can be in the form of a complete prepayment.
- FelixPattas is not responsible for damages, of any nature, which arises for FelixPattas assuming that the Buyer has provided inaccurate and/or incomplete personal data, unless the inaccurateness or incompleteness was previously known to FelixPattas.
- The Buyer safeguards FelixPattas from potential claims of third parties, which are related to potential damages caused during the execution of the Agreement, which are attributable to the Buyer.
Article 6 Delivery
- In case the start, progress or delivery of the Agreement is delayed because the Buyer did not provide the required information in a timely manner, grants insufficient cooperation, the (pre) payment has not been received in a timely manner by FelixPattas or because other circumstances out of the power of FelixPattas are causing any delay, FelixPattas has the right for a reasonable extension of the delivery term. All agreed delivery terms are never fatal terms. The Buyer serves FelixPattas a written statement with a reasonable term for delivering the Products. The Buyer has no right on any compensation based on potential delay during the execution of the Agreement.
- The Buyer is obliged to receive the Products at the moment which is stated on the Agreement, as well as when the Products are available to receive earlier or later than was agreed upon within the Agreement.
- In case the Buyer refuses to receive or is negligent in providing the information or instructions which are necessary for the delivery, FelixPattas has the right to store the Products on the costs and risks of the Buyer.
- In case the Products are delivered by FelixPattas or an external carrier, FelixPattas has the right to charge potential delivery costs, unless agreed upon differently in written form. The costs will be invoiced separately unless explicitly agreed upon otherwise.
- In case FelixPattas requires personal data from the Buyer for the purpose of executing the Agreement, the delivery term starts after the Buyer has provided all personal data for the execution to FelixPattas
- In case the provided delivery term of FelixPattas is given, it can be considered as an indication. For deliveries outside the Netherlands there are lengthier delivery terms.
- FelixPattas has the right to deliver in parts, unless it deviates from the Agreement or the partial delivery has no independent value. FelixPattas has the right to invoice the delivered Products separately.
- Deliveries are only executed in case all invoices have been paid, unless explicitly agreed upon otherwise. FelixPattas preserves the right to deny a delivery when there is a realistic risk of a non-payment.
Article 7 Packaging and Transportation
- FelixPattas is obliged to the Buyer to package the Products properly and secure it in such a way that with normal usage the Product will reach its destination in a proper state.
- Unless agreed upon in written form, all deliveries need to include sales tax (VAT), packaging and packaging materials.
- The receival of the delivery without any comments or remarks on the shipping documents or receipt applies as evidence that the packaging was in a proper state at the time of delivery.
Article 8 Examination, Complaints
- The Buyer is served that on the moment of delivery, at least within 14 days of receival to investigate, and unpack or use the Product in way that is required to review if he will keep the Product. Thereby, the Buyer serves to investigate whether the quality and quantity of the received Products is compliant with the Agreement and the Products are compliant with the requirements arising from normal trade.
- The Buyer is obliged to investigate and inform himself on the usage of the Product and with personal use to test the Product according to the user manual. FelixPattas recognizes no liability for the incorrect usage of the Product by the Buyer.
- Potential visual flaws or shortcomings serve to be reported to FelixPattas on firstname.lastname@example.org. The Buyer has a term of 14 days after the delivery. Non-visible flaws or shortcomings belong to be reported within 14 days, whereas discoveries concerning the appereance serve to be reported within 6 months after delivery. Regarding damages of the Product caused by negligent handling by the Buyer, the Buyer is solely responsible for a potential decrease in value of the Product.
- In case a complaint is received in a timely manner, the Buyer remains obliged to pay the bought Products. If the Buyer wishes to return a flawed Product, it will exclusively be done with a prior written permission statement of FelixPattas, in the exact way as is determined by FelixPattas.
- In case the Buyer uses his right of withdrawal, he will return the Product and all attachments in its original state and packaging to FelixPattas in the most reasonable manner, compliant with the return instructions of FelixPattas. The direct costs for the return shipment are to be paid and on the risk of the Buyer. In case the Buyer does not return the Product in its original packaging and including the true accessories, the costs of the diminished value of the Product needs to be paid and is the risk of the Buyer.
- FelixPattas has the right to initiate an investigation for the authenticity and the state of the returned Products before a refund will take place.
- Refunds to the Buyer will be processed as soon as possible, but the payment can take up to 30 days after the receival of the return shipment. The refund is made on the previously provided account number.
- In case the Buyer exercises the right of complaint, he has no right to suspend the payment obligation nor to settle outstanding invoices.
- In case there is a lack in the delivery, or in case multiple products are absent, and this is attributable to FelixPattas, then FelixPattas will send a request to the Buyer to forward the missing Product(s) and cancel the remaining order. The letter of acknowledgement for receiving the product is directive. Potential damage suffered by the Buyer due to a deviation in the delivery cannot be charged to FelixPattas.
Article 9 Prices
- The prices of the offered Products are subject to a continuously changing market value, causing that the prices may be different on a daily/weekly basis.
- The prices mentioned in the Offer are excluding VAT, unless explicitly stated otherwise.
- The prices mentioned in the Offer are based on the costs at the time that the Agreement has been concluded, such as: import- and export duties, shipping- and discharge costs, insurances, levies and taxes.
- In case the Product or raw material are subject to price fluctuations on the financial market, that are out of the influence of FelixPattas, the Products can be offered at varying prices by FelixPattas. With the Offer it is mentioned the prices are target prices and can fluctuate.
Article 10 Payment and collection policy
- Payment preferably needs to be in the currency that is stated on the invoice via the indicated method.
- The Buyer has no right or expectations on a budget issued in advance, unless both parties have agreed upon explicitly otherwise.
- The Buyer serves to complete the payment at once on the account number and data that was provided by FelixPattas. The Parties can only after explicit and written permission of FelixPattas come up with a different term of payment.
- In case a periodical payment obligation has been agreed with the Buyer, FelixPattas has the right to adjust the prices and tariffs in written form, considering a term of 3 months.
- In case of a personal bankruptcy or suspension of payment for the Buyer, the claims of FelixPattas to the Buyer are directly due and payable.
- FelixPattas has the right to use the payment of the Buyer in the first place for reduced the costs, secondly for reduced the vacant interest and lastly for the reduction of the principle and accrued interest. FelixPattas can refuse the offer for payment without falling into absenteeism, in case the Buyer has allocated an order for the settlement. FelixPattas may deny the complete sum, in case vacant interest and accrued interest are completed as costs.
- The Buyer will receive a written payment reminder with a payment term of 14 days after the date of receiving the payment reminder, in order to complete the payment obligation along with the assignment of the extra juridical costs associated by not paying within the indicated term.
- From the date the Buyer is in omission, FelixPattas may without notice of default claim statutory (commercial) interest from the first day of omission until the complete payment and compensation of the extra juridical costs according to article 6:96 BW calculated with the graduated scale from the decision compensation for extra juridical collection costs of 1stof July 2012.
- In case FelixPattas has incurred more or higher costs that are reasonably necessary, these costs will be qualified to be compensated. Also, the incurred juridical and execution costs are accountable to the Buyer.
Article 11 Retention of title
- All Products delivered by FelixPattas remain within the ownership of FelixPattas until the Buyer has fulfilled all obligations that have been agreed upon with FelixPattas in the Agreement.
- The Buyer is not authorized to pawn nor to object in a certain way if the Products are under the retention of title, in case the ownership of the Products has not been passed on completely.
- In case a third party confiscates the Products under the retention of title, the Buyer is obligated to notify FelixPattas as quickly as is reasonable at that time.
- In case FelixPattas wants to exercise their retention of title mentioned within this article, the Buyer now gives his unconditional and non-revocable permission and authorization to FelixPattas or to appointed third parties to enter the places where the property of FelixPattas can be found in order to retrieve the property.
- FelixPattas has the right to keep the purchased Products in case the Buyer has not (completely) fulfilled his payment obligation, despite an obligation of transfer or issue for FelixPattas. After the Buyer has fulfilled his payment obligation, FelixPattas will exercise to deliver the products as soon as possible to the Buyer, but utterly within 20 working days.
- Costs and consequential damage as a result of retaining the purchased Products is accountable and to the risk of the Buyer and should on the first appeal of FelixPattas be compensated by the Buyer.
Article 12 Warranty
- FelixPattas guarantees the Products are conform the Agreement, the in the offer mentioned specifications, usability and/or soundness and the legal rules/regulations at the time of creation of the Agreement. This also accounts for the delivery of Products intended for usage outside of the Netherlands and the Buyer has explicitly mentioned this in written form to FelixPattas.
- FelixPattas guarantees that all Products are authentic, and belong to the brand under which they are offered and are in a new condition. FelixPattas expressly does not offer second-hand Products.
Article 13 Suspension and dissolution
- FelixPattas has the right to suspend the fulfilment of obligation or dissolve the Agreement, in case the Buyer does not fulfill the (payment) obligations from the Agreement in part or completely.
- Furthermore, FelixPattas has the right to dissolve the Agreement with the Buyer if this has not been executed, without legal interference, in case the Buyer does not fulfill the obligations from the Agreement with FelixPattas in a timely manner or not at all.
- Furthermore, FelixPattas has the right to dissolve the Agreement prior notice of default in case the circumstances show that the fulfillment of the Agreement is deemed impossible or by standards of reason and fairness are no longer required, or that in different circumstances where unchanged conservation of the Agreement cannot be expected in a reasonable way.
- In case the Agreement is dissolved, the claims of FelixPattas to the Buyer are directly due and payable. When FelixPattas suspends the fulfillment of obligation, he retains his claim on legislation and the Agreement.
- FelixPattas retains the right to claim compensation.
Article 14 Limitation of Liability
- In case the execution of the Agreement by FelixPattas leads to liability of Sneakers Request towards the Buyer or a third party, the liability is limited to the charged costs by FelixPattas in relation to the Agreement, unless the damage originated due to intent or an actual fault. The liability of FelixPattas is limited in every case to the damaged amount that is paid out by the insurance company per incident per year.
- FelixPattas is not liable for consequential damage, indirect damage, loss of profit and/or loss, missed savings and damage caused by the usage of the delivered Products. For the Buyer there is a restriction conform what is allowed on the basis of article 7:24 paragraph 2 BW.
- FelixPattas is not liable the reparation of damages that is caused by the usage of the Product. FelixPattas provides strict maintenance and user manuals that must be adhered to by the Buyer. All damage to Products caused by wearing or using the Products is explicitly excluded from liability. (including traces of use, usage damage, fall damage, light- and water damage, theft, missing etc.)
- FelixPattas is not liable for damage caused by from trading or not being able to provide (incomplete and/or incorrect) information on the website(s) or on linked websites.
- FelixPattas is not responsible for mistakes and/or irregularities in the functionality of the website and is not liable for malfunctions or for other reasons the website not being available.
- FelixPattas does not guarantee a correct and complete transfer of the content from the e-mail sent on behalf of FelixPattas, nor the timely receival of this e-mail.
- All claims of the Buyer based on the falling short of FelixPattas will expire in case these claims have not been reported and motivated in written from to FelixPattas within a year after the which the claim could have been known by the Buyer. All claims of the Buyer expire at least one year after the end of the Agreement.
Article 15 Force majeure
- FelixPattas is not liable in case of force majeure leading to not honoring the obligations stated in the Agreement, neither can FelixPattas be held accountable for any obligation in case he is hindered as a result of circumstances that are not the fault nor according to the law, legal acts or the accountable based on applicable conceptions.
- Force Majeure consists of the following, but is not limited within legislation and jurisprudence, (i) Force majeure of suppliers of FelixPattas, (ii) Suppliers that have been recommended or prescribed by the Buyer to FelixPattas, whom are not honoring their obligations, (iii) Deficiency of cases, equipment, software or materials from third parties, (iv) Government measures, (v) Electricity failure, (vi) Malfunction of internet, data network and telecommunication facilities (i.e. because of cybercrime and hacking), (vii) Natural disasters, (viii) War or terrorist attacks, (ix) General transportation problems, (x) Strikes within FelixPattas and (xi) other situations that are based on the judgement of FelixPattas are out its influence, that hinder the fulfilling of the obligations temporarily or permanently.
- FelixPattas has the right to appeal for force majeure in case the circumstances for fulfilling the obligations is hindered them, after FelixPattas had to honor their commitment.
- The parties are able to suspend the obligations from the Agreement during the period of force majeure. In case this period exceeds two months, both parties are able to dissolve the Agreement, without the obligation for compensation to the other party.
- Insofar FelixPattas is able to honor the commitment from the Agreement in parts, during the period of force majeure, and the subsequent part has independent value, FelixPattas has the right to invoice this part separately. The Buyer is obliged to pay this invoice alike a separate Agreement.
Article 16 Risk transfer
The risk of loss or damage of the Products that are part of the Agreement, transfers to the Buyer when the Products are in possession of the Buyer. This is the case when the Products have been delivered at the delivery address of the Buyer.
Article 17 Privacy, data processing and security
- FelixPattas handles diligently with the (personal) data of the Buyer and visitors of the website(s). In case it is requested, FelixPattas will inform the data subject.
- In case FelixPattas needs to provide the information with additional security, based on the Agreement, this security will meet the agreed specifications and a level of security that pays attention to the state of the technique, sensitivity of the data and if the associated costs are reasonable.
Article 18 Complaints
- In case the Buyer is not satisfied with the Products of FelixPattas and/or has complaint on (the execution of the) the Agreement, the Buyer is obliged to report as soon as possible, but at least within 14 calendar days after the cause of the complaint. Complaints can be reported via email@example.com the subject “Complaint”.
- The complaint needs to be substantiated and/or explained sufficiently, if FelixPattas wants to handle the complaint.
- FelixPattas will respond to the content of the complaint as soon as possible, but at least within 14 calendar days after receiving the complaint.
- Both parties will try come to a solution together.
Article 19 Applicable law
- On every Agreement between FelixPattas and Buyer, Dutch law is applicable.
- In case of an explanation on the content and scope of these terms and conditions, the Dutch language is decisive. FelixPattas has the right to make one-sided alterations to these terms and conditions.
- All disputes, originated by or through the Agreement between FelixPattas and the Buyer are settled at a qualified court of Amsterdam, unless provision of mandatory law lead to the qualification of another court of law.