Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

  • Consumer: the natural person who is not acting in the exercise of a profession or trade and who concludes a distance contract with the trader;
  • Day: Calendar day;
  • Duration transaction: A distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over a certain period of time;
  • Durable medium: any means which enables the consumer or trader to store information addressed personally to him in such a way that future consultation and unaltered reproduction of the stored information is possible.
  • Right of cancellation: the possibility for the consumer to cancel the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: a contract in which, within the framework of a system organised by the entrepreneur for the distance selling of goods and/or services, only one or more techniques of distance communication are used until the conclusion of the contract;
  • Remote communication technique: means that can be used to conclude an agreement without the consumer and trader being in the same room at the same time.
  • General Terms and Conditions: these General Terms and Conditions of the Contractor.

Article 2 – Identity of the entrepreneur

Avion Shoes
Weg en land 42L
Email: info@avionshoes.com
ID: 89075234
Phone number: +31 6 17 84 76 05

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader shall, before the contract is concluded, indicate where the Terms and Conditions can be reviewed and that they will be sent to the consumer free of charge upon request.

If, in addition to these Terms and Conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting provisions, the consumer may always rely on the provision that is most favourable to them.

If one or more provisions of these Terms and Conditions are found to be wholly or partially void or annulled at any time, the remaining provisions shall remain in full force and effect. The invalid provision shall then be replaced by a provision that, as far as possible, reflects the intent of the original.

Situations not covered by these General Terms and Conditions shall be assessed "in the spirit" of these General Terms and Conditions. If a provision of these General Terms and Conditions is wholly or partially invalid or void, the contract and these General Terms and Conditions shall otherwise remain in force and the provision in question shall be replaced immediately by mutual agreement by a provision that comes as close as possible to the meaning of the original provision.

Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in the spirit" of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to certain conditions, this will be explicitly stated in the offer.

The offer is subject to change. The entrepreneur is authorised to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make an appropriate assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. However, specifications, colours and contents may differ from the illustrations shown.

All images, specifications data in the offer are indicative and can not be a reason for compensation or cancellation of the agreement. This applies in particular to:

the price, excluding customs clearance fees and import VAT. These additional costs shall be borne entirely by the customer. The postal and/or courier service will, in relation to importation, apply the special scheme for postal and courier services. This scheme applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (whether or not together with the charged customs clearance fees) from the recipient of the goods;

any shipping costs;

the way in which the agreement is concluded and the measures required for this;

whether the right of cancellation applies or not;

the method of payment, delivery and fulfilment of the contract;

the period for accepting the offer or the period within which the trader guarantees the price;

the amount of the distance communication tariff if the costs for the use of the means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;

whether the contract is archived after its conclusion and, if so, how the consumer can access it;

the way in which the consumer can check and, if desired, correct the data provided by him within the framework of the contract before concluding the contract;

all other languages in which the agreement can be concluded in addition to Dutch;

the codes of conduct to which the trader subscribes and the way in which the consumer can consult these codes of conduct by electronic means; and

the minimum term of the distance contract in the case of a fixed-term contract.

Optional: available sizes, colours, material types.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the contract.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can revoke the contract.

The entrepreneur can - within the legal framework - inform himself whether the consumer can fulfil his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to conclude the contract on the basis of this examination, he is entitled to refuse an order or an application or to attach special conditions to the execution, stating reasons.

The trader will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  1. the visiting address of the trader's establishment to which the consumer can address his complaints;
  2. information on guarantees and existing customer service;
  3. the data referred to in Article 4(3) of these terms and conditions, unless the trader has already provided the consumer with this data before the contract is concluded;
  4. the conditions for the termination of the agreement, if the agreement has a term of more than one year or is indefinite.

In the case of a continuous transaction, the provision of the above paragraph applies only to the first delivery.

Any agreement is concluded under the suspensive condition of sufficient availability of the products in question.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement without giving any reason within 14 days. This cooling-off period begins on the day after receipt of the product by the consumer or a representative previously designated by the consumer and notified to the entrepreneur.

During the cooling-off period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur with all the supplied accessories and - if possible - in the original condition and in the original packaging, in accordance with the reasonable and clear instructions given by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he must inform the entrepreneur about this within 14 days of receipt of the product. The consumer must notify this in the form of a written notice/e-mail. After the consumer has declared that he wishes to exercise his right of withdrawal, he must return the goods within 14 days. The consumer must prove that the delivered goods have been returned on time, e.g. by a proof of shipment.

If the consumer has not communicated their intention to exercise the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the trader, the purchase is considered final.

Article 7 – Costs in the Event of Withdrawal

If the consumer makes use of his right of withdrawal, the costs for the return of the goods shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The prerequisite for this is that the product has already been returned or conclusive proof of the complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the trader has clearly stated this in the offer, or at least prior to the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  1. which the entrepreneur produces according to the specifications of the consumer;
  2. which are clearly personal in nature;
  3. which by their nature cannot be returned;
  4. which can spoil or age quickly;
  5. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software whose seal has been broken by the consumer.
  8. for hygiene products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  1. for accommodation, transportation, restaurant visits or leisure activities to be carried out on a certain date or during a certain period;
  2. the delivery of which was started with the express consent of the consumer before the end of the cooling-off period;
  3. For betting and lotteries.


Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from alterations in VAT rates.

By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market over which the entrepreneur has no influence, at variable prices. This connection with the fluctuations and the fact that the prices indicated are indicative prices must be indicated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has agreed to them and:

  1. they result from legal regulations or provisions; or
  2. the consumer has the right to terminate the contract from the day the price increase takes effect.

All prices are subject to printing and typesetting errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Special additional customs clearance fees and/or import duties are not included in the price and are at the expense of the customer.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for suitability and/or usability and the legal provisions and/or official regulations applicable at the time of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the warranty period of the manufacturer. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions, have been handled carelessly, or have been used in a manner contrary to the instructions of the entrepreneur and/or those on the packaging;

The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the authorities regarding the nature or quality of the materials used.

Article 11 – Mediation Role

The entrepreneur acts solely as an intermediary between the consumer and the manufacturer. The trader is not the owner of the products, nor the importer of record.

The delivery and shipment of the ordered products take place directly from a country outside the European Union. The webshop does not handle the importation of the goods into the destination country. The shipment is carried out entirely and directly by the manufacturer or supplier in the country of origin.

Article 12 - Delivery and execution

The entrepreneur will take the greatest possible care when accepting and executing orders for products.

The place of delivery is the address that the consumer has communicated to the company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the Company will fulfill accepted orders as soon as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed about this no later than 30 days after the order has been placed. In this case, the consumer has the right to terminate the contract at no cost and the right to any compensation for damages.

In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after the termination.

If the delivery of an ordered product should prove to be impossible, the entrepreneur will endeavour to make a replacement delivery. At the latest upon delivery, it will be communicated in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of the return are at the expense of the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur up to the time of handover to the consumer or a previously appointed representative and notified to the entrepreneur, unless expressly agreed otherwise.

If the order is delivered by the carrier to a collection point due to the consumer’s absence at the specified delivery address, the consumer is obliged to collect the parcel within the period set by the carrier. If the consumer fails to do so and the parcel is automatically returned to the international warehouse as a result, the agreement shall be considered dissolved. In such cases, the trader shall only be obliged to refund the purchase price of the relevant products, once the returned parcel has been received and processed by the international warehouse.

Article 13 – Term transactions: duration, termination and renewal

Scheduling

The consumer can terminate an indefinite contract concluded for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract for the regular delivery of goods (including electricity) or the provision of services at any time at the end of the term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may amend the agreements referred to in the preceding paragraphs:

end at any time and not be limited to a specific time or period;

at least finish in the same way as he completed them;

always end with the same notice period that the entrepreneur has set for himself.

Extension

A contract concluded for a certain period of time, which extends to the regular delivery of goods (including electricity) or services, cannot be tacitly extended or renewed for a certain period of time.

Notwithstanding the above paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A fixed-term contract for the regular delivery of goods or the provision of services can only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time, subject to a notice period of no more than one month and a notice period of no more than three months, if the contract relates to the regular but less than once a month delivery of daily or weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a term of more than one year, the consumer may terminate the contract at any time after the end of one year with a notice period of not more than one month, unless termination before the end of the agreed term is inadmissible for reasons of equity and reasonableness.

Article 14 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins once the consumer has received confirmation of the agreement.

The consumer has the obligation to inform the entrepreneur immediately of any inaccuracies in the specified or mentioned payment data.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 15 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days after receipt of the product, fully and clearly described, via support@avionshoes.com.

The entrepreneur shall respond to complaints within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall send a reply within 14 days acknowledging receipt and indicating when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not lead to the suspension of the operator's obligations, unless the operator indicates otherwise in writing.

If a complaint is found to be justified by the Operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.

Article 16 – Disputes

Only Dutch law is applicable to contracts between the entrepreneur and the consumer to which these general terms and conditions refer. Even if the consumer is domiciled abroad.