Terms and conditions

Terms and Conditions – Bigfoot Sneakers

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 does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: calendar day.
Ongoing Transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
Durable Data Carrier: any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the information stored.
Right of Withdrawal: the consumer’s ability to withdraw from 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 concluded within the framework of a system organised by the entrepreneur for distance sales of products and/or services, whereby up to and including the conclusion of the contract only one or more means of distance communication are used.
Means of Distance Communication: any tool that can be used to conclude a contract without the consumer and entrepreneur being together in the same space at the same time.
Terms and Conditions: these present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Bigfoot Sneakers
Address: Available on request
Email: info@bigfoot-sneakerz.nl
Returns: retouren@bigfoot-sneakerz.nl
Chamber of Commerce (KvK) Number: to be added
VAT Identification Number: to be added

Article 3 – Applicability

These Terms and Conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur 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 entrepreneur shall indicate, before the contract is concluded, where the Terms and Conditions can be viewed, and that they will be sent free of charge upon the consumer’s request.

If the distance contract is concluded electronically, the Terms and Conditions may, in deviation from the previous paragraph, be provided electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate where the Terms and Conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

Where specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may rely on the most favourable provision.

If one or more provisions of these Terms and Conditions are at any time wholly or partially void or annulled, the remaining provisions will continue to apply. The invalid provision will be replaced by a provision that approximates the original intent as closely as possible.

Situations not regulated in these Terms and Conditions must be assessed “in the spirit” of these Terms and Conditions.

Any ambiguity regarding the interpretation of one or more provisions must also be interpreted “in the spirit” of these Terms and Conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be expressly stated.

The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment by the consumer. If the entrepreneur uses images, these represent the products and/or services truthfully. Obvious mistakes or errors do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or termination of the contract.

Images represent the offered products truthfully; however, the entrepreneur cannot guarantee that displayed colours exactly match the actual colours of the products.

Each offer contains information clearly indicating the consumer’s rights and obligations upon acceptance of the offer, including:

  • the price including taxes;

  • any shipping costs;

  • the method by which the contract will be concluded and required actions;

  • whether the right of withdrawal applies;

  • the method of payment, delivery, and performance;

  • the period during which the offer is valid or the period for which the price is guaranteed;

  • cost of remote communication, if different from the basic rate;

  • whether the contract will be archived and how it can be accessed;

  • how the consumer can check and correct submitted data before concluding the contract;

  • available languages besides Dutch;

  • any codes of conduct the entrepreneur subscribes to;

  • the minimum duration of an ongoing transaction, if applicable;

  • optional: available sizes, colours, and materials.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and meets the stated conditions.

If the consumer accepts the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance electronically. Until this confirmation is received, the consumer may dissolve the contract.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational security measures for electronic data transfer and provide a secure web environment. For online payments, appropriate security measures will also be taken.

The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations and assess relevant facts and factors for responsibly entering into the distance contract. If the entrepreneur has valid grounds to refuse the contract, they may decline an order or attach special conditions.

The entrepreneur will provide the consumer, in writing or on a durable data carrier, with the following information:

  1. the physical address where the consumer can submit complaints;

  2. the conditions and method for exercising the right of withdrawal, or a statement if withdrawal is excluded;

  3. information about warranties and post-purchase service;

  4. the information from Article 4 paragraph 3, unless previously provided;

  5. termination requirements for contracts of more than one year or indefinite duration.

For ongoing transactions, this obligation only applies to the first delivery.

All agreements are subject to sufficient availability of the ordered products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer may dissolve the agreement within 14 days without giving reasons. This period begins on the day after the consumer or their designated representative receives the product.

During the cooling-off period, the consumer must handle the product and packaging carefully and only unpack or use it as necessary to assess the product. If exercising the right of withdrawal, the consumer must return the product in its original condition and packaging, including all accessories, following the provided instructions.

The consumer must notify the entrepreneur via email within 14 days after receiving the product that they wish to exercise their right of withdrawal. After notification, the product must be returned within 14 days. The consumer must provide proof of timely return.

If the consumer has not notified the entrepreneur within the required periods, or has not returned the product, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs are borne by the consumer.

After receipt and inspection, the purchase amount will be refunded immediately, provided the product is returned in good condition.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products as outlined below, but only if clearly stated before concluding the contract.

Exclusion is possible for products:

  • made according to the consumer’s specifications;

  • which, due to their nature, cannot be returned.

Article 9 – The Price

During the validity period stated in the offer, prices will not be increased except for VAT rate changes.

For products whose prices are subject to financial market fluctuations beyond the entrepreneur’s control, variable prices may be offered. This will be stated in the offer.

Price increases after 3 months are only allowed if legally required.

All prices include VAT.

Prices are subject to printing and typographical errors. The entrepreneur is not obliged to deliver products at incorrect prices.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products comply with the contract, specifications stated in the offer, reasonable standards of quality and usability, and legal requirements.

Any warranty provided does not affect the consumer’s legal rights.

Defects or incorrect deliveries must be reported in writing within 14 days of receipt. Returns of unreported defects cannot be processed. Products must be returned in original packaging and new condition.

The entrepreneur is not responsible for the suitability of the product for individual purposes or for advice regarding use.

Warranty is void if:

  • the consumer has repaired or altered the product themselves or via third parties;

  • the product was exposed to abnormal conditions or handled improperly;

  • defects arise from governmental regulations regarding materials or quality.

Article 11 – Delivery and Execution

The entrepreneur will exercise care in receiving and executing orders.

Delivery will take place at the address provided by the consumer.

Accepted orders will be executed promptly, within 14 days, unless agreed otherwise. If a delay occurs, the consumer will be informed within 7 days after placing the order and may dissolve the agreement.

Upon dissolution, the entrepreneur will refund the purchase amount within 14 days.

If delivery is impossible, the entrepreneur will offer a substitute item. This will be clearly communicated. The right of withdrawal cannot be excluded for substitute items.

The risk of damage or loss remains with the entrepreneur until delivery to the consumer.

Article 12 – Payment

Unless otherwise agreed, payments must be made within 24 hours after the cooling-off period begins.

The consumer must promptly report any inaccuracies in provided payment details.

In case of non-payment, the entrepreneur may charge reasonable costs, within legal limits.

Article 13 – Complaints Procedure

Complaints must be submitted within 7 days, fully and clearly described, after the consumer discovers the defects.

Complaints will be answered within 14 days. If more time is needed, the consumer will receive a timeline for a full response.

A complaint does not suspend the obligations of the entrepreneur.

If a complaint is found to be justified, the entrepreneur will repair or replace the product at no cost.

Article 15 – Disputes

Dutch law exclusively applies to all agreements between the entrepreneur and the consumer, even if the consumer resides abroad.

Article 16 – Product Characteristics

All items offered are thoroughly checked for defects and authenticity. With our many years of expertise in the sneaker business, we guarantee that every sneaker is authentic and in original condition.*
Any deviations will be stated with the product, particularly for older pairs.

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