Terms and conditions


Table of contents

Article 1 - Definitions

Article 2 - Identity Dutch Quality Shoes B.V.

Article 3 - Applicability

Article 4 - The offer and the price

Article 5 - The agreement

Article 6 - Exchanges and returns

Article 7 - Right of withdrawal

Article 8 - Costs in case of withdrawal

Article 9 - Conformity and legal guarantee

Article 10 - Delivery and execution

Article 11 - Payment

Article 12 - Intellectual property rights

Article 13 - Privacy

Article 14 - Liability

Article 15 - Force majeure

Article 16 - Guarantee scheme and complaints procedure

Article 17 - Disputes

Article 18 - Additional or different provisions

Article 19 - Dutch law

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal.

2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with DQS.

3. Day: calendar day.

4. Durable medium: any means that enables the consumer or DQS to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

5. DQS partner: business merchants, partners of DQS, who sell products by using the platform of DQS.

6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.

7. Distance contract: an agreement where, in the context of a system organised by DQS for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.

8. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and DQS being together in the same room at the same time.

Article 2 - Identity Dutch Quality Shoes B.V. (hereinafter: 'DQS')

Dutch Quality Shoes B.V.

P.O. Box 9500, 4801 LM Breda

IABC 5258A, 4814 RD Breda

E-mail address: info@dqshoes.com

Chamber of Commerce number: 18122700

VAT identification number: NL008142968B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by DQS and to every distance contract concluded between DQS and the consumer.

2. Applicability of any general (purchase) conditions of the consumer is expressly not accepted, unless expressly agreed otherwise in writing.

3. DQS reserves the right to amend these general terms and conditions at any time. The amendments shall be deemed adopted if the consumer does not object to them within four (4) weeks of receiving the notice of amendment.

4. These terms and conditions shall be deemed to be divisible and if any part of them should for any reason be invalid or otherwise inoperative, the remaining part of these terms and conditions shall remain in full force and effect. The invalid part of these terms and conditions shall be deemed to have been replaced by provisions which, as far as possible and permissible, have the same effect as the invalid part.

Article 4 - The offer and the price

1. Offers are non-binding, subject to availability and valid for the term specified for them.

2. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates. Until the moment the full purchase price has been paid by the consumer to DQS, the products remain the property of DQS, or that of the relevant DQS partner.

3. The prices mentioned in the offer of products or services include VAT.

4. An offer or quotation shall contain a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the client. DQS takes the utmost care in taking pictures of the products sold through the online shop. If DQS uses pictures, they are as true as possible to the products on offer, whereby minor deviations in colour and dimensions are possible. Obvious mistakes or obvious errors in the offer do not bind DQS. All pictures are for illustration purposes only and therefore no rights can be derived from them.

5. DQS is not liable for the consequences of typesetting, typing and/or programming or programming errors in its website.

6. DQS cannot be held to its quotation or offer if the consumer should have understood, in terms of reasonableness and fairness and generally accepted views, that the quotation or offer, or any part thereof, contains an obvious mistake or slip of the pen.

7. DQS reserves the right to refuse assignments and/or orders without giving reasons.

Article 5 - The agreement

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

2. If the consumer has accepted the offer electronically, DQS shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by DQS, the consumer may dissolve the contract. DQS will immediately send an order confirmation to the e-mail address provided by the consumer as proof of receipt of the acceptance of the offer. It is important that the consumer provides the correct email address when ordering. DQS is not liable if the email address provided by the consumer is incorrect, or if the email account does not work correctly and the consumer has not, or not fully, been informed as a result.

3. If the agreement is concluded electronically or if the consumer pays electronically, DQS shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. 

4. DQS can investigate - within legal frameworks - whether the consumer can fulfil his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, DQS has good grounds not to enter into the agreement, it is entitled to refuse an order or application or to attach special conditions to its execution, while stating its reasons.

5. DQS will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;

b. The information on warranties and existing service after purchase

6. DQS is permitted to engage third parties in the execution of (part of) the agreement.

Article 6 - Exchanges and returns - voluntary right of return up to 100 days after receipt of the product

1. If an item does not meet your expectations, there is the option to exchange or return the item if it is in its original, unworn condition.

2. DQS grants you - in addition to the statutory right of withdrawal as stated in article 7 of these general terms and conditions - a voluntary right of return of 100 days upon receipt of the product. This voluntary right of return allows you to cancel the contract after the expiry of your 14-day right of withdrawal (see right of withdrawal below), by returning the product to DQS or the DQS partner within 100 days of receipt of the product (start of the period on the day after receipt of the product). Information on the identity of the relevant DQS partner, including contact details, is linked on the applicable product page. After this deadline, the purchase can no longer be cancelled and is final.

3. In case of a return of DQS partner product, please use the return label enclosed with your order or - if possible - print it out yourself via your customer account. If you have problems downloading the return label or do not have a printer available, please contact our customer service.

4. The shipping risk for return shipments shall be borne by the consumer.

5. Returns and/or exchanges are subject to the following conditions:

a. Products must be in original condition, i.e. unworn and returned in their original packaging.

b. The return slip should be sent fully completed with your return shipment.

c. Upon return (dissolution of the purchase of 1 or more products), the amount to be returned (excluding shipping costs) will be transferred to you within 30 days or as much earlier as possible.

Article 7 - Right of withdrawal

1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period starts the day after receipt of the product by the consumer or a third party designated by the consumer, who is not the carrier.

2. During the reflection period, the consumer will handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

3. If the consumer exercises his right of withdrawal, he shall notify DQS within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.

4. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 3, the consumer shall return the product, or hand it over to (an authorised representative of) DQS or to the DQS partner. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.

5. If the consumer exercises his right of withdrawal, the consumer will return the product with all delivered accessories and - if reasonably possible - in the original state and packaging to DQS or the DQS partner, in accordance with the reasonable and clear instructions provided by DQS or by the DQS partner.

6. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

Article 8 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, at most the costs of return shipment shall be borne by him.

2. If the consumer has paid an amount, DQS will refund this amount (including VAT) as soon as possible, but at the latest within fourteen (14) days after receipt of the product by DQS or the DQS partner.

Article 9 - Conformity and Legal Warranty

1. DQS as well as the DQS partners guarantee that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

2. A guarantee provided by DQS, a DQS partner, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against DQS or the DQS partner on the basis of the agreement.

Article 10 - Delivery and execution

1. DQS or the DQS partner will take the greatest possible care when receiving and executing orders for products.

2. For orders worth €25.00 or higher, delivery is free of charge. For
orders of less than €25.00, unless otherwise stipulated by DQS, delivery costs of €3.95 including VAT
will be charged. The fee relates to costs arising from the size of the order, including shipping, handling and other services. DQS is free, in case of possible long-distance or express shipping, to charge the consumer extra shipping costs. These costs will be made known by DQS during the ordering process.

3. The place of delivery is the address that the consumer has made known to DQS or the DQS partner.

4. With due observance of what is stated in article 4 of these general terms and conditions, DQS or the DQS partner will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period or express delivery has been agreed. The delivery period cannot be seen as a deadline. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge, without any right to possible compensation.

5. In case of dissolution in accordance with the previous paragraph, DQS will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.

6. If delivery of an ordered product turns out to be impossible, DQS or the DQS partner will make an effort to make a replacement product available and will consult with the consumer about this. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement product is being delivered. With replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by DQS.

7. The risk of damage and/or loss of products rests with DQS or the DQS partner until the moment of delivery to the consumer or a representative designated in advance and made known to DQS, unless expressly agreed otherwise.

Article 11 - Payment

1. Payment and its processing is made via the payment methods offered on the website via Buckaroo's internet payment checkout.

2. In principle, DQS offers the following payment methods:

  • a. Directly and online through Mastercard, Visa, Maestro and American Express

  • b. iDeal
  • c. Afterpay
  • d. MrCash
  • e. PayPal
  • f. Klarna

3. DQS reserves the right not to offer certain payment methods with each order and to refer to other payment methods. Consumers should note that DQS only accepts payments from accounts within the European Union (EU).

4. If the consumer does not meet his/her payment obligation(s) on time, after the consumer has been notified by DQS - or by a payment partner of DQS as referred to in paragraph 2 of this article - of the overdue payment and DQS (or the payment partner) has granted the consumer a period of 14 days to still meet the payment obligations, After failing to pay within this 14-day period, the consumer owes the statutory interest on the amount still due and DQS (or the payment partner) is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000, with a minimum of € 40. DQS (or the payment partner) may deviate from said amounts and percentages for the benefit of the consumer.

5. The consumer agrees to receive invoices and credit notes exclusively in electronic form.

6. Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period, or, in the absence of a reflection period, within 14 days after the conclusion of the agreement. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.

7. The consumer has the duty to notify DQS immediately of any inaccuracies in the payment details stated or provided.

Article 12 - Intellectual property rights

1. The copyright as well as all other intellectual and industrial property rights to all products, brands, results of services, as well as database rights, which have been or will be provided/delivered to the consumer, or made available by DQS or a DQS partner, belong exclusively to DQS or the DQS partner.

2. The consumer is expressly forbidden to store, provide, reproduce, disclose or publish, exploit or otherwise use the products, text and image material and other intellectual property of which the intellectual property is held by DQS or the DQS partner, with or without the involvement of third parties. In case of violation or misuse, legal proceedings will be followed.

Article 13 - Privacy

1. DQS shall ensure that all processing of personal data of consumers is in accordance with the General Data Protection Regulation. This means, among other things, that DQS only collects personal data on the basis of one of the permitted legal grounds and that the consumer can request DQS to delete his personal data at any time.

2. DQS recommends viewing DQS's privacy statement more information on how DQS process personal data.

Article 14 - Liability

1. Any liability of DQS for damage is excluded, including additional and substitute compensation in any form whatsoever, compensation for indirect or consequential damage, claims from third parties or damage due to loss of profit.

2. DQS is not liable for errors and/or omissions on the part of its (sub)suppliers, DQS Partners or other third parties.

3. The liability of DQS is always limited to direct damage and is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if DQS is not insured, liability is limited to the amount paid by the consumer. In no case, however, will the total compensation for damage exceed €250.

4. The provisions of this article are without prejudice to liability resulting from intentional or deliberate recklessness on the part of DQS.

Article 15 - Force majeure

1. Force majeure means all external causes, beyond the will or control of DQS, as a result of which timely, complete or correct fulfilment of the agreement is no longer possible.

2. Force majeure as referred to in the previous paragraph includes, but is not limited to: non-performance by a third party, illness of DQS's own or a third party's personnel, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious failures in DQS's systems, fire, floods, natural disasters, epidemics, pandemics, riots, war or other domestic disturbances.

3. In the event of force majeure, performance of the agreement shall be suspended for as long as the force majeure persists.

4. If the force majeure continues for more than one month, both parties are entitled to dissolve the agreement without court intervention. In such a case, DQS will proceed to repay any amounts paid, deducting all costs incurred by DQS in relation to the agreement.

Article 16 - Guarantee scheme and complaints procedure

1. DQS has a guarantee scheme and a complaints procedure.

2. Complaints about the performance of the agreement must be submitted to DQS fully and clearly described within a reasonable time, but at the latest within two (2) months, after the consumer has discovered the defects.

3. A guarantee is only given on visible defects or defects that only become apparent during use (hidden defects). This may still be asserted within fourteen (14) days after the defect is discovered or could reasonably have been discovered, but never later than six (6) months after the invoice date.

4. Complaints submitted to DQS shall be answered within a period of fourteen (14) days from the date of receipt. If a complaint requires a foreseeably longer processing time, DQS will respond within the fourteen (14) day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

5. Complaints are only valid with regard to products that are still in the condition in which they were delivered, except in the case of hidden defects.

6. Complaints will not be dealt with if it appears that the consumer or a third party has changed or repaired something to the product and except in the case that the change or repair is not related to the complaint. However, DQS is not responsible for defects that have arisen after the delivery of the products, including but not limited to textile goods and/or shoes, as a result of inexpert use or lack of care.

7. The consumer retains in full his legal guarantee rights, apart from what is stipulated in paragraphs 5 and 6 of this article regarding the commercial guarantee issued by DQS.

8. Before being able to make use of the guarantee scheme, the consumer must prove, at DQS' request, that the agreement to which the complaint relates was concluded with DQS. The consumer is advised to keep the proof of purchase, of the product for this purpose.

9. In the case of timely complaints, the consumer will have to give DQS the opportunity, if DQS deems it desirable, to check the complaint, failing which it will not be eligible for handling.

10. If the complaint is found to be founded by DQS:

a. DQS is obliged to settle the complaint to the best of its ability;

b. DQS is only obliged to still deliver the agreed performance within 15 working days, or to credit the products on which a complaint was made within fifteen (15) working days, without the consumer being able to claim any right to any compensation whatsoever in addition to this.

11. If the complaint cannot be resolved by mutual agreement, a dispute arises which is amenable to the dispute settlement procedure.

Article 17 - Disputes

Only Dutch law applies to agreements between DQS and the consumer to which these general terms and conditions relate. All disputes that may arise between DQS and the consumer will be settled by the competent court.

Article 18 - Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 19 - Dutch law

All agreements, to which these conditions are declared applicable, are subject to Dutch law.

You can download the general terms and conditions as a PDF here.

*In addition to Dutch, these general terms and conditions have also been drawn up in English, French and German. In case of ambiguity or contradiction between the versions in the various languages, the version in the Dutch language shall be binding.

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