Article 1 - Definitions
Article 2 – Identity of the company
Article 3 – Scope
Article 4 – Offer
Article 5 – Contract
Article 6 – Right of withdrawal
Article 7 – Costs of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – Price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Payment
Article 13 - Processing personal data
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional provisions or derogations
Article 1 – Definitions
In these terms and conditions, the following terms shall have the definitions specified below:
1. Cooling-off period: the period in which the consumer may exercise his/her right of withdrawal;
2. Consumer: the natural person not acting in the execution of a profession or business;
3. Day: calendar day;
4. Continuing performance contract: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over a longer period;
5. Durable data carrier: any medium – email included - which allows the consumer or the company to store information addressed personally to him/her, in a way which is accessible for future consultation and which allows unaltered reproduction of the stored information;
6. Right of withdrawal: the option for consumers to withdraw from the distance contract within the cooling-off period;
7. Standard withdrawal form: if the consumer wants to revoke the contract, the standard withdrawal form can be completed
8. Company: Steve Madden Europe B.V.;
9. Distance contract: a contract concluded under an organised distance service-provision scheme where the consumer and company are not both physically present. any contract in which means of remote communication are used in the context of a system for distance selling of products and/or services set up by the company, which is concluded only through such means of communication;
10. Means of distance communication: any means which, without the simultaneous physical presence of the supplier and the consumer, may be used for the conclusion of a contract between those parties.
11. General terms and conditions: these Terms and Conditions
Article 2 – Identity of the company
Steve Madden Europe B.V.
Touwslager 12
5253 RK Nieuwkuijk
The Netherlands
E-mailaddress: customersupport@stevemadden.eu
Chamber of Commerce number: 66152925
VAT identification number: NL856417580.B.01
Article 3 – Scope
1. These terms and conditions apply to any offer from the company and to any agreement concluded remotely between the company and the consumer, including orders from the consumer with the company.
2. If one or more provisions of these terms and conditions at any time or totally or partially invalid, then the contract shall remain and these conditions will remain in force and the relevant provision in concert immediately be replaced by a requirement that the intent of the original approach as much as possible.
3. Situations that are not covered by these terms and conditions, to be assessed 'in the spirit' of these general conditions.
4. Uncertainties regarding the interpretation or content of one or more provisions of our terms must be interpreted 'in the spirit' of these terms and conditions.
Article 4 – Offer
1. The offer is non-committal. The entrepreneur is entitled to change and/or adapt the offer.
2. The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed in order to allow a proper assessment of the offer by the consumer. Images, measurements, colors, … are an indication. This cannot be a reason to claim compensation.
3. All pictures and specifications are indicative and may not lead to compensations or termination of the contract, without prejudice to Article 6.
4. Pictures of products are a true representation of the products offered. We can not guarantee that the colors displayed match exactly with the actual colors.
5. If a discount campaign has limited validity or is subject to conditions, this will be expressly stated in the offer.
Article 5 – Contract
1. Subject to the provision of paragraph 4, the agreement is concluded at the time when the consumer accepts the offer, and meets the associated conditions.
2. If the consumer has accepted the offer by electronic means, the company will promptly confirm receipt of the offer’s acceptance electronically. As long as the company has not confirmed receipt of acceptance, the consumer may annul the contract.
3. If the agreement is created electronically, the company will take appropriate technical and organisational measures in order to secure the electronic transfer of data, and ensure a secure web environment. If the consumer can pay electronically, the company will take suitable security measures for this purpose.
4. Within the limited imposed by law, the company may gather information about the consumer’s ability to meet his/her payment obligations, as well as to all of the facts and factors relevant to responsible conclusion of the distance contract. If, based on this investigation, the company has justified reasons for not concluding the agreement, it is lawfully entitled to refuse an order or request, or to attach special conditions to the execution.
5. In the event of a continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery.
6. Each agreement is entered into under the condition precedent of sufficient availability of the products.
Article 6 – Right of withdrawal
1. When purchasing products, the consumer has the right to cancel the agreement within 30 days without stating any reasons. This cooling-off period commences on the day following receipt of the product by the consumer or by a representative appointed by the consumer in advance and reported to the company.
2. During the cooling-off period, the consumer shall handle the product and the packaging with care. He/she will only unpack or use the product to the extent required to assess whether he/she wishes to retain the product. If he/she wishes to exercise his/her right of withdrawal, he/she shall return the product to the company with all accessories included and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the company. The consumer is liable for diminished value of the product which is the result of a way of dealing with the product beyond permitted in the preceding sentences of this paragraph.
For delivery of services:
3. To exercise this right of withdrawal, the customer must inform us of his decision to withdraw from this contract by an unequivocal statement within 30 days after receipt of the product. The consumer can use the model form. The consumer must prove that the goods are returned, for example through a proof of posting.
4. If the customer after the unknowable periods specified in paragraphs 2 and 3 has to want to make use of his right of withdrawal, nor the product hasn’t been returned, the purchase is a fact.
Article 7 – Costs of withdrawal
1. If the consumer exercises his/her right of withdrawal, he/she has to pay the return shipping costs.
2. If the consumer has made a payment, the company shall refund this amount as soon as possible, yet within 14 days following the return or withdrawal.
3. If the consumer has selected to receive the order by a more expensive form of delivery, and if the cheaper shipping option was also offered, then Steve Madden Europe refunds only the order including the lowest possible shipping costs.
Article 8 – Exclusion of the right of withdrawal
1. The consumer may exclude the consumer’s right of withdrawal insofar as provided for in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the company has clearly stated this in the offer, or at least in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products: a. that have been made the company in accordance with the consumer’s specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that can rapidly decay or become obsolete; e. whose prices are subject to fluctuations in the financial market on which the company has no influence; f. for individual newspapers or magazines; g. for audio and video recordings and computer software with a broken seal;
Article 9 – Price
1. During the validity period stated in the offer, prices of products and/or services will not be increased, excepting price changes due to changes in VAT rates or valuta changes.
2. Notwithstanding the previous paragraph, the company may offer products or services whose prices are linked to fluctuations in the financial market, and over which the company has no control, at variable prices. The offer will state the possibility of such fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months of conclusion of the agreement are only permitted if they are the result of legislation and regulations.
4. Price increases from 3 months following conclusion of the agreement are only permitted if the company has stipulated this, and: a. if they are the result of laws or provisions; or b. if the consumer has the authority to cancel the agreement on the date when the price increase takes effect.
5. The prices cited in the offer of products and services include VAT.
6. All prices are subject to pressure - errors. For the consequences of pressure- and typographical errors no liability is accepted. With pressure-errors, Steve Madden Europe is not obliged to deliver the product at the incorrect price. 7. Special offers and discounts have a limited validity. After a period discounts or offer prices aren’t valid anymore.
8. For deliveries abroad, the customer is liable for any outstanding local taxes and import duties.
Article 10 – Conformity and warranty
1. The company warrants that the products and/or services comply with the agreement, with the specifications listed in the offer, with reasonable requirements of soundness and/or usefulness, and with the statutory provisions and/or government regulations existing on the date when the agreement is concluded. If agreed, the company also warrants that the product is suitable for other than normal use.
2. A guarantee provided by the company, manufacturer or importer shall not affect the rights and claims the consumer may assert against the company under the agreement.
3. Any defects or incorrectly delivered goods must be reported by email or letter within 2 weeks after the defect was discovered. The goods must be returned in original packaging and in new condition.
4. The warranty matches the manufacturer's warranty period (6 months). However, we are never responsible for the ultimate suitability of the goods for each individual application by the customer , nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if :
o The consumer or third parties have repaired and/or processed the delivered products;
o The products supplied have been exposed to abnormal conditions or otherwise careless handling;
o The defective in whole or in part the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
1. The company will exercise the best possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The delivery address is the address that the consumer has made known to the company.
3. With due consideration of the stipulations in this regard in article 4 of these terms and conditions, the company shall execute accepted orders rapidly and efficiently, at the latest within 30 days, unless a longer delivery period has been agreed. If a delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer will be notified at the latest 30 days after he/she has placed the order. In such case, the consumer is entitled to terminate the agreement without any penalty and may be entitled to compensation.
4. The delivery times specified are for indication purposes only. Failure to meet any delivery deadline will not entitle you to damage compensation, nor will it entitle you to cancel the order or dissolve the agreement, unless such failure to meet the delivery deadline is so severe that it cannot reasonably be demanded of you to abide by the agreement. In that case, you will be entitled to cancel the order or dissolve the agreement insofar as this is necessary.
5. If the contract is terminated in accordance with the previous paragraph, the company shall refund the amount paid by the consumer as soon as possible and within 30 days following termination.
6. If the delivery of a product ordered proves impossible, the company shall endeavour to replace the product. Upon delivery of the item, the consumer will be informed clearly that the item being delivered is a replacement. The right of withdrawal is not excluded for replacement items. The costs of the return shipment are to be borne by the company.
7. Unless explicitly agreed otherwise, the risk of damage and/or loss of products is the company’s responsibility until delivery to the consumer or a representative of the consumer appointed and made known to the company in advance.
Article 12 – Payment
1. Unless otherwise agreed, the amounts to be paid by the consumer are to be settled within 14 days of the commencement date of the cooling-off period referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this term will commence as soon as the consumer has received confirmation of the agreement.
2. The consumer has the duty to inform the company promptly of any inaccuracies in the payment details.
3. In the event of non-payment on the part of the consumer, barring legal restrictions, the company is entitled charge the consumer for reasonable costs, which have been made known to the consumer in advance.
Article 13 – Processing personal data
If you have consented to receiving information about Steve Madden’s offers, promotions, new products, sales and notifications about your orders (including abandoned checkout reminders), we will use your personal data to send you updates by e-mail, text message, telephone [or post] for these purposes. We may also process your personal data for this purpose based on our legitimate interest to provide our customers with direct marketing, when applicable.
You can unsubscribe at any time. If you wish to unsubscribe from receiving text marketing messages and notifications, use the unsubscribe link on our e-mails and/or text messages. We will set out and provide these unsubscribe options to you in all of our text messages and e-mails.
Your request will be actioned and we will ensure that you will receive no further text messages from that text message going forward. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your mobile phone provider. Message and data rates may apply.
For any questions, you can also contact us at customersupport@stevemadden.eu for more information, or at privacy@stevemadden.eu for specific queries you may have in relation to the processing of your personal data.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions, and this notification will also include the unsubscribe options as set out above. You agree that any messages you send to a telephone number or short code we have changed may not be received, and we will not be able to process requests if made to a previous number or short code.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
The protection of your personal data is very important to us. Please refer to our Privacy Policy (available on our website) for more information about how we collect and use your personal data.
Article 14 – Complaints procedure
1. The company has and adheres to a well-publicised complaints procedure.
2. Complaints about the execution of the agreement should be clear and descriptive should be submitted to the company promptly after the consumer has noticed the defect,
3. Complaints submitted to the company will be addressed within 14 days of the date of receipt. If a complaint is expected to require a longer processing time, the company will send a notification of receipt to the customer within the term of 14 days, including an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved in mutual consultation, a dispute will arise that will be governed by the dispute settlement rules.
5. A complaint does not suspend the obligations, unless Steve Madden Europe specifies otherwise.
6. If a complaint is accepted, the products will be replaced or repaired for free.
Article 15 - Disputes
1. Contracts between the company and the consumer, to which these terms and conditions apply, are exclusively governed by Dutch law. Even if the consumer is domiciled abroad.
2. The CISG does not apply.
Article 16 – Additional provisions or derogations
Additional provisions of or derogations from these terms and conditions may not disadvantage the consumer, and must be established in writing or in such a way that they can be stored on a durable data carrier in an accessible manner by the consumer.
