Delivery and payment conditions
The Sensible Shoe Company
Valid from February 1st, 2005
We apply the following rules and conditions:
In case of complaints or questions you can contact our customer service on + 31 (0) 24 6848080.
1. For first orders, the order is deemed to have been accepted, if it is not explicitly refused by us within a period of 20 days; for subsequent orders, a period of 10 days shall apply.
2.1 Goods will be delivered from the factory at the buyer’s risk, carriage paid, in the manner most favourable to us (dispatch by freight, mail, haulier or parcel post).
2.2 Additional costs for special customer preferences (e.g. delivery by courier or express delivery, additional work such as pricing or labelling the goods) are for the buyer’s account.
2.3 Orders of less than seven pairs will not be delivered free of charge.
3. Unless agreed otherwise, all dispatches with a value of over € 500,– are delivered free of charge to the contracting parties place of residence, by the least onerous means of the vendor. The administration and postal costs for sending out goods below the aforementioned amount will be invoiced to the co-contracting party by the vendor, unless agreed otherwise. The moment the goods leave the vendors depot/warehouse will be considered the dispatch date.
4.1 After delivery the goods shall remain our property until they have been paid for and until all outstanding claims that have arisen from the relationship with the buyer have been settled. However, the buyer may sell the goods or process them further according to the principles of proper business management.
4.2 The goods may not be pledged or used as collateral vis à vis third parties without our permission. The buyer is obliged to notify us without delay of any transaction involving goods which are our property. Striking the balance or approval of the balance does not affect the reservation of title.
5.1 In the case of force majeure or government intervention, both vendor and buyer shall be entitled to extend the delivery and purchase period for the duration of the impediment, however for a maximum period of three weeks, with the exception of the claim for damages. After the expiry of this period, both vendor and buyer are entitled to cancel the agreement. The same applies in the case of labour conflicts (strikes and lockouts).
5.2 Standing orders are not permitted for a first order. For delivery orders, the agreed delivery conditions are approximate and not binding. Each partial delivery is regarded as a separate transaction as far as payment is concerned.
6.1 Potential claims will only be accepted by the vendor if they are sent to him – directly and in writing – within two weeks after delivery of the items in question, with a detailed description of the form and the grounds of the complaints, and with mention of the dispatch/delivery note and/or invoice number.
6.2 The complaints concerning the invoices must also be filed in writing with 14 days.
6.3 Should the co-contracting party not have received the invoice within eight days after receipt of the goods, he must immediately notify this to the vendor.
6.4 After the period mentioned in articles 1 and 2 has expired, the co-contracting party is deemed to have accepted the delivered goods and the invoice respectively. From this moment on, no other claim will be accepted by the vendor.
6.5 Only the claims on goods delivered to the co-contracting party will be taken into account.
6.6 With regard to defects which may only come to light after usage (hidden defects), claims must still be filed within the two weeks after the defect has been discovered, or would have been reasonably able to be discovered, but never later than six months after the invoice date.
6.7 The claims will only be valid with regard to the goods which are still in the condition in which they were delivered, unless they concern hidden defects.
6.8 The claims will not be taken into account when it is deemed that the co-contracting party, or a third party, has modified or repaired the goods, except in the event these modifications/repairs have been made with the prior awareness or agreement of the vendor, and with the exception of the event the modification / repair has no relation to the works to be carried out by the vendor.
6.9 The quality of the goods and materials which comprise them must be judged according to the prescriptions and quality requirements in force on the date of the proposal for the goods / materials in question. The slight, usual tolerances, deemed acceptable in business, or technically inevitable tolerances of the quality, quantity, size, colour, finishes, dimension, finishing or others do not fulfil the bases for a claim.
6.10 In the case of claims filed within the appropriate timeframes, the co-contracting party must give the vendor the possibility, when the vendor deems this desirable, to check the claim; in case of refusal, the claim will not be taken into account.
6.11 When the claim is deemed justified by the vendor: - the vendor is obliged to deal with the claim to the best of his possibilities; - the vendor is only obliged, in the 15 working days, to deliver the agreed service, or to credit the goods which are the subject of the claim, without the co-contracting party being able to uphold rights to any compensation whatsoever; - with regard to the works carried out, the vendor has the right to carry out these works correctly within the fifteen working days.
6.12 The filing of a claim never releases the co-contracting party from his obligation of payment towards the vendor, with the exception of the possibility of suspending the payment for the part relating to the claim, as long as the vendor has not fulfilled his delivery obligation.
6.13 We can only accept returns of worn shoes when clean!
7.1 Invoices are drawn up on the day of dispatch or the day of receipt of the goods; if the goods are delivered ahead of time, then the original date agreed for delivery shall be the invoice date.
7.2 Open book credit may not exceed 60 days of the invoice date. For all deliveries, 2% interest above the currently applicable rate of discount of the Dutch Central Bank will be payable if the credit period is exceeded or if the agreed advance payment terms are not met.
7.3 For cash payments that are not encumbered with charges or losses, a 3% discount will be made for payment within 8 days of the invoice date or 30 days net.
7.4 Invoices from 1st to 10th and from 11th to 20th and from 21st to end of the month may be paid together on the last day of each respective period.
7.5 Bills of exchange or bill endorsements from clients are not valid cash payment.
7.6 It may be agreed to accept three-month bills of exchange or discountable endorsed bills from clients. These must be issued no later than 30 days after the invoice date. Accompanying costs are for the buyer’s account.
7.7 The parties to the contract may agree on one or more of the payment periods stated.
7.8 In case of non-payment, or non-respect of any one of the obligations of the cocontracting party, the latter apart from the purchasing price and interest, will owe the vendor legal and extra-juridical recovery costs of 15% of the amount of the late payment, with a minimum of 50 Euros, incurred by the non-payment or by the non-respect.
7.9 The vendor has the right, at any moment to reconcile the credit of the co-contracting party with what is due to the co-contracting party, provided that the legal obligation of compensation has been respected.
8. The date of payment is that which the buyer can prove that he has sent payment.
9. If the buyer should fall into arrears with payment, or if his financial position should deteriorate considerably, we are entitled to dissolve the contract for the undelivered part of the order or to demand cash payment for further deliveries, or to demand surety for the goods without setting a latest date beforehand.
10. Registered offices and competent court for all disputes arising from the delivery agreement are in Nijmegen, the Netherlands.
11.1 Shoes made by The Sensible Shoe Company are brand-name articles that we do not wish to have sold through discount stores or similar outlets. Our clients in footwear stores are supplied on the condition that our goods are sold only in your specialist outlets and are not passed on to other distributors. Delivery to wholesalers takes place on the condition that the goods are sold on only to specialist retail outlets.
11.2 All our models are registered and protected.
12. The general terms and conditions of sale and delivery of De Vereniging Van Groothandelaren, Importeurs, Exporteurs En Agenten In Schoeisel VIMAGRO (VIMAGRO association of wholesalers, importers, exporters and agents of footwear), with offices in Utrecht, the Netherlands, registered with the District Court in Utrecht on 9 October, 1992 under number 251/92, amended and again registered with the court on 27 March 2001 under number 55/2001 are valid. For our other terms and conditions of trade, we refer to the VIMAGRO terms and conditions.