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General terms and conditions www.mooileer.nl and www.intoboots.com

General Terms and Conditions of High Tension Leatherwear

Version valid from 1 December 2021

 

Article 1. Definitions

1.1 In these General Terms and Conditions of Sale, 'www.mooileer.nl' and/or 'www.intoboots.com' shall be understood to mean: High Tension Leatherwear

1.2 These conditions are part of all offers from and agreements with High Tension Leatherwear, insofar as they have not been explicitly deviated from in writing.

1.3 These terms and conditions also apply if High Tension Leatherwear has to involve third parties for the execution of all agreements.

1.4 Unless otherwise agreed in writing, general or specific conditions or stipulations of third parties are not recognized by High Tension Leatherwear.

1.5 Should the Terms and Conditions and an agreement contain mutually contradictory clauses, the agreement will prevail.

1.6 If any part of the Conditions is null and void or is nullified, the other provisions of the Conditions will remain fully in force and the parties are bound to make every effort to agree on a substitute provision that is valid and as close as possible to the original intentions of the parties.

Article 2. Offers and formation of agreements

2.1 All offers are without obligation, unless expressly stated otherwise by High Tension Leatherwear.

2.2 Agreements for the delivery of goods and/or services shall only be binding on High Tension Leatherwear after full payment has been made.

2.3 Offers by High Tension Leatherwear do not automatically apply to repeat orders.

2.4 High Tension Leatherwear cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or clerical error.

2.5 Additions, changes and/or further agreements are only valid if agreed in writing.

Article 3. Prices/ Price increase

3.1 Unless otherwise indicated, all prices are in euros, including turnover tax (VAT).

3.2 High Tension Leatherwear guarantees that price increases will not occur after the conclusion of the purchase agreement, unless the price increase is the result of statutory regulations and/or provisions.

3.3 If the price increase is not the result of legal regulations and/or provisions, the consumer has the right to terminate the agreement on the day the price increase takes effect.

Article 4. Delivery

4.1 If goods are available from stock, they will be sent immediately after ordering. For sending the ordered items, High Tension Leatherwear can charge shipping costs. The delivery of ordered goods takes place at the postal address known to High Tension Leatherwear, not being temporary, and delivered to the natural person who is at the delivery address.

4.2 If the customer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the items will be stored at the customer's expense and risk.

4.3 The obligation of High Tension Leatherwear to deliver will be fulfilled, barring proof to the contrary, as soon as the items delivered by High Tension Leatherwear are offered to the customer once. In case of home delivery, the report of the carrier, containing the refusal of acceptance, will serve as full proof of the delivery offer, unless proven otherwise.

4.4 In case of refusal of the offered goods, return freight and storage costs, as well as the risk of damage or loss of the refused goods shall be entirely at the expense of the buyer, unless the buyer invokes the right to dissolve the purchase or the replacement of the goods on good grounds.

Article 5. Delivery time

5.1 A delivery time given by High Tension Leatherwear is never to be regarded as a deadline. The delivery time first starts after all necessary information is in the possession of High Tension Leatherwear, after which High Tension Leatherwear will try to deliver within 30 days.

5.2 Within the framework of the rules of distance selling, High Tension Leatherwear (contractor) will execute orders with diligence, but at least within 30 days. If this is not possible (because the product ordered is not in stock or no longer deliverable), or if there is a delay for other reasons, or if an order cannot or can only partially be carried out, the consumer (client) will be informed within one month after placing the order and in that case has the right to cancel the order without costs and notice of default.

Article 6. Dissolution

6. 1 Without prejudice to the rights of High Tension Leatherwear based on the law, High Tension Leatherwear is entitled to suspend or dissolve the agreement in whole or in part by means of a written statement to the customer with the right to claim damages from the customer if, after the conclusion of the agreement, High Tension Leatherwear learns of circumstances which give High Tension Leatherwear good reason to fear that the customer will not fulfil his/her obligations or if, when concluding the agreement, High Tension Leatherwear asked for a secondment from the customer. circumstances come to the knowledge of High Tension Leatherwear which give High Tension Leatherwear good reason to fear that the customer will not fulfil his/her obligations or if, when concluding the agreement, High Tension Leatherwear requested to provide security for fulfilment and this security is not provided or is insufficient (despite a summons), as well as in case of bankruptcy of the customer, the customer's own petition for bankruptcy, suspension of payment, liquidation or a decision to that effect, full or partial

6.2 If circumstances arise with regard to the customer's business, the customer's business will be terminated.

6.2 If circumstances arise concerning persons and/or materials which High Tension Leatherwear uses or tends to use in the execution of the agreement, which are of such a nature that the execution of the agreement becomes impossible or so difficult and/or disproportionately expensive that compliance can no longer reasonably be required, High Tension Leatherwear is entitled to dissolve the agreement.

rescind the agreement.

6.3 In the case of goods delivered on the basis of an order placed with 'High Tension Leatherwear' in accordance with Article 7:5 of the Dutch Civil Code, the customer is entitled to dissolve the agreement within a period of 14 days without giving reasons, unless expressly agreed otherwise. This period starts at the moment the ordered goods are delivered. If the customer has not returned the delivered goods to 'High Tension Leatherwear' after another 14 days, the sale is a fact. The customer is obliged, before proceeding to return the goods, to notify High Tension Leatherwear within the period of 14 working days after delivery. The customer must prove that the delivered goods have been returned in time (no later than 28 working days after delivery), for example by means of a proof of postal delivery. Returning the delivered goods is entirely at the expense and risk of the customer. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition.

If the goods have been used, encumbered or damaged in any way by the buyer, the right to dissolution within the meaning of this paragraph shall lapse. With due observance of the provisions of the previous sentence, High Tension Leatherwear will, upon receipt and inspection of the returned goods, confirm the dissolution of the purchase by return and ensure that the full purchase amount will be refunded to the customer, free of charge, within 30 days after receipt of the complete return.

6.4 The right to dissolution, as described in the previous paragraph, applies only to the delivered goods and will in no case apply to services.

Article 7. Force majeure

7.1 Besides what is understood in the law and jurisprudence, force majeure is understood to be all circumstances on which High Tension Leatherwear has no influence and which hinder the delivery of goods or make it impossible, including but not limited to strikes at High Tension Leatherwear and/or suppliers, disruptions on the Internet or WAP, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology provided by third parties.

7.2 Force majeure can also be invoked if the circumstance preventing (further) fulfilment occurs after High Tension Leatherwear should have fulfilled the commitment.

7.3 If the period in which fulfilment of the obligation by High Tension Leatherwear is not possible because of force majeure lasts longer than two weeks, both parties are authorized to dissolve the agreement, without any obligation to pay damages.

7.4 If High Tension Leatherwear has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfil its obligations, it is entitled to invoice the part already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.

Article 8. Guarantee

8.1 'High Tension Leatherwear' does not offer a more extensive guarantee on delivered goods than the guarantee conditions of the manufacturer of these goods, without affecting the rights of the buyer resulting from mandatory legal provisions.

8.2 'High Tension Leatherwear' is never responsible for the final suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.

8.3 The buyer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered goods are wrong, faulty or incomplete, the customer should (before proceeding to return the goods to High Tension Leatherwear) immediately report these defects in writing to High Tension Leatherwear. Any defects or wrongly delivered goods should and can be reported in writing to 'High Tension Leatherwear' up to 30 days after delivery.

Trial period and returns ( see also www.mooileer.nl and/or www.intoboots.com)

If you are not satisfied with your order, you can return it within 14 days.  The return will be at your expense and responsibility: The only requirements we have are that the products you return have not been used and that the original packaging has not been damaged. For example, sticking our address directly on the shoebox and returning it to us without further packaging means that we cannot reuse the shoebox. So please make sure you pack it properly before you send the package.

Once we have examined and approved your return, we will refund your money. You will be charged for any damage to the product or original packaging. We will refund the amount due to you within the statutory period of 14 days.

For security reasons, we can only refund to the account number from which the order was paid. If you have paid by credit card, we will automatically refund the money to this card, using a unique reference number that identifies the transaction.  Your credit card information is therefore not stored by mooileer.nl.

Returns cannot be sent cash on delivery.

 Return of the goods must be in the original packaging (including accessories and documentation) and in new condition.

Use after the discovery of defects, damage occurring after the discovery of defects and/or resale after the discovery of defects invalidates the right of complaint and return.

8. 4 If complaints by the customer are found founded by 'High Tension Leatherwear', 'High Tension Leatherwear' will, at its choice, either replace or repair the delivered goods free of charge or come to a written arrangement with the customer about the compensation, on the understanding that the liability of 'High Tension Leatherwear' and therefore the amount of damages is always limited to a maximum of the invoice amount of the delivered goods, or (at the discretion of 'High Tension Leatherwear') to the maximum amount covered by the liability insurance of 'High Tension Leatherwear' in the particular case.

 All liability of 'High Tension Leatherwear' for any other form of damage is excluded, including supplementary damage compensation in whatever form, compensation of indirect damage or consequential damage.

8.5 High Tension Leatherwear is not liable for damage caused by intent or equivalent recklessness by non-managerial staff.

8.6 This guarantee does not apply if:

 A) and as long as the customer is in default towards 'High Tension Leatherwear'.

 B) the customer has repaired and/or modified the delivered goods himself or has had them repaired and/or modified by third parties.

 C) the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of 'High Tension Leatherwear' and/or the user manual

D) the inadequacy is entirely or partially the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.

Article 9. Payment

9.1 Unless otherwise agreed, payment must be made in advance by means of Ideal, Paypal, credit card, Visa, Euro/Mastercard, or by bank transfer. Payment in instalments is not possible.

9.2 After the expiry of 10 days from the invoice date, the buyer will be in default by operation of law and from that moment will owe an interest of 1% per month over the amount due, unless the legal interest rate is higher, in which case the legal interest rate will apply, with part of a month being counted as a whole month.

9.3 In case of bankruptcy or suspension of payment of the customer or a request for this, the claims of 'High Tension Leatherwear' and the obligations of the customer towards 'High Tension Leatherwear' are immediately due and payable.

9.4 If 'High Tension Leatherwear' has to hand over the claim for collection, the customer will owe a fixed amount of 15% of the amount due for extrajudicial collection costs, with a minimum of 250 euro.

9.5 If High Tension Leatherwear can demonstrate that it incurred higher expenses, which were reasonably necessary, these will also be considered for compensation.

Article 10. Reservation of ownership

10. 1 Ownership of all items sold and delivered by High Tension Leatherwear to the customer will remain with High Tension Leatherwear as long as the customer has not paid the claims of High Tension Leatherwear on account of the agreement or previous or later similar agreements, as long as the customer has not yet paid the work performed or to be performed under this or similar agreements and as long as the customer has not yet paid the claims of 'High Tension Leatherwear' due to failure in the fulfillment of such obligations, including claims in respect of fines, interest and costs, all this as meant in article 3: 92 OF THE DUTCH CIVIL CODE.

10.2 Goods delivered by High Tension Leatherwear which are subject to retention of title may only be sold on in the context of normal business operations and may never be used as a means of payment.

10.3 The customer is not authorised to pledge or encumber in any way the goods falling under the retention of title.

10.4 The customer gives unconditional and irrevocable permission to High Tension Leatherwear or a third party to be appointed by High Tension Leatherwear, in all cases where High Tension Leatherwear wants to exercise her property rights, to enter all those places where her property will be located and to take those goods there.

10.5 If third parties seize goods delivered subject to retention of title or wish to establish or assert rights thereon, the

10.5 If third parties seize goods delivered subject to retention of title or wish to establish or assert rights on those goods, the customer is obliged to inform High Tension Leatherwear of this as soon as can reasonably be expected.

10.6 The customer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make this insurance policy available for inspection by High Tension Leatherwear on first demand.

Article 11. Privacy

11.1 'High Tension Leatherwear' respects the privacy of the online visitors of her website and is the sole owner of the information which is obtained through this website, unless stated otherwise. This information is not sold, shared or rented by 'High Tension Leatherwear' to third parties in any way other than mentioned in this privacy statement.

11.2 Information from which the identity of an online visitor to the website of 'High Tension Leatherwear' can be derived, is provided voluntarily by the visitor. This information can be used within 'High Tension Leatherwear' with the objective to make the visits to our websites as easy and pleasant as possible. Besides, this information will possibly be used for analysis and providing information about the product portfolio of 'High Tension Leatherwear'. The customer explicitly gives permission for this. High Tension Leatherwear is allowed to use information about a visitor in special cases when there is reason to assume that the publication of this information is necessary to identify, contact or bring legal proceedings against someone who may or may not intentionally harm the rights or property of 'High Tension Leatherwear', other users of this website or others who may be disadvantaged by this. High Tension Leatherwear' is allowed to release information about users when we believe in good faith that the law requires it.

11.3 'High Tension Leatherwear' collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data can be removed on request of the online visitor as long as this does not involve a disproportionate effort or costs for 'High Tension Leatherwear'.

11.4 'High Tension Leatherwear' uses Facebookpixel and Google analytics for statistics, targeted advertising and retargeting.

Article 12. Intellectual property rights

12.1 Unless otherwise expressly agreed in writing, the full copyrights and all other rights of intellectual and industrial property concerning the goods or services delivered by 'High Tension Leatherwear', such as trademark rights, design rights, patent rights, database rights, etc., rest exclusively with 'High Tension Leatherwear' and/or its suppliers.

12.2 'High Tension Leatherwear' cannot be held liable for infringements of intellectual property rights and/or copyrights by suppliers or third parties.

Article 13. Applicable law

All offers and agreements of 'High Tension Leatherwear' are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is explicitly excluded.

Article 14. Disputes

14.1 For questions and/or complaints, the customer can mail to info@mooileer.nl. Complaints are usually handled within 14 days. If this is not possible for any reason, the customer will be informed of the delay.

14.2 The customer has the opportunity to present the dispute to an independent dispute committee. This can be the Home-Shopping Disputes Committee or another equivalent dispute committee, which does not affect the right of the customer to submit the dispute to a competent court.

 

 

 

shipping service Weaf

High Tension Leatherwear/ Mooileer/ intoboots

Energieweg 41

2404 HE Alphen aan de Rijn

The Netherlands

0031(0)626392208

 

High Tension Leatherwear

Brouwerstraat 3

5441BM Oeffelt

The Netherlands

info@mooileer.nl

info@intoboots.com

Tel. 0031 (0) 6 26392208

Chamber of Commerce 3406689

VAT nr NL001209362B88

 

www.mooileer.nl

www.intoboots.com

 



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DIRECT ADVICE? call 0031 (0)6 26 39 22 08            Sendra: Order before 10 pm, next day delivery * Mayura: 5 to 10 days   Free shipping from € 50, -*    Keurmerk webwinkel