Shipping is free for orders of € 225 and more. € 7,50 will be charged for orders under € 225.

 

International shipping costs are calculated based on weight and location.

 

Returns
You must inspect your shipment upon delivery to see if the products meet the agreement. If this is not the case, you are to notify Nijhuis B.V. in writing as soon as possible, within ten business days of delivery, at least if it was reasonably possible to ascertain that there was a problem. Be sure to specify what the problem is.

If it is established that the products do not meet the terms of the agreement, Klompenfabriek Nijhuis B.V., can choose to replace the returned goods with new products or to reimburse the invoice amount.

Return shipments must always be complete, free from damage and packed in their original packaging.

If you use your right to return the items within ten days after receipt, the purchase agreement will be terminated and any payments made for the items that have been returned will be reimbursed within 30 days.

 

We process your order with the utmost care. Your order is shipped upon receipt, or if paying in advance, after receipt of your payment. Our items are generally shipped from stock. Please refer to the general terms and conditions for the Dutch association of wooden shoe manufacturers.

 

Klompenfabriek Nijhuis B.V. believes that privacy protection on the internet is crucial to gain the trust from the internet user and for the growing success of the internet as a service and commercial medium. Therefore, we respect and protect your privacy. 

 

Klompenfabriek Nijhuis B.V. will treat the information gathered from its visitors and/or customers in accordance with the law that took effect on 12/08/92 “Wet tot Bescherming van de Persoonlijke Levenssfeer” (protection of the personal privacy act). All personal information that you provide Klompenfabriek Nijhuis B.V will only be used internally for the purpose of processing your questions and/or orders efficiently and for our own promotional campaigns. You are entitled to review this information and can request corrections where necessary.  

 

Klompenfabriek Nijhuis B.V will never publish personal or private information about its visitors and/or customers without your explicit approval.

 

Pricing, transactions and deliveries take place in accordance with the general sales and delivery conditions of the Nederlandse Vereniging van Klompenfabrikanten (Dutch association of wooden shoe manufacturers), filed with the Chamber of Commerce in Den Bosch on January 3, 2002.

 

1.1 Under these general terms and conditions, “client” refers to the client, buyer, middleman and any customer who places an order or concludes an agreement with a company that is affiliated with the NEDERLANDSE VERENIGING VAN KLOMPENFABRIKANTEN (Dutch association of wooden shoe manufacturers), hereinafter referred to as the seller.  

1.2 The “seller” in these general terms and conditions refers to all companies that are partly or in whole entrusted with executing an agreement.

 

2.1 These general sales and delivery terms apply to all offers, deliveries, services and agreements made by the seller.

2.2 If the client also declares that his general terms are applicable, the seller will only be bound by them if the seller explicitly accepts the client’s terms and conditions in writing.

2.3 All agreements that are subject to these general terms and conditions are governed by Dutch law.

 

3.1 All offers presented by the seller are without obligation.

3.2 The seller is only bound by the orders, agreements and arrangements once they have been confirmed in writing by the seller. Delivery times are without obligation unless agreed otherwise.

 

4.1 An agreement between the parties is established in writing or because the seller has started the process.   

4.2 An agreement that the client concludes with a representative or any other middleman of the seller is only legally binding if and inasmuch as the representative or middleman has received authorization in writing.  

 

5.1 The agreement concluded by the parties is subject to the prices and conditions in effect on the delivery date, unless the parties agree otherwise in writing.  

5.2 Prices exclude VAT, unless explicitly agreed otherwise in writing.

5.3 Once the agreement has been concluded, the seller is entitled to charge the client as follows:

- Price increases, including material costs and parts

- Cost increases, including transport and labor

- Price increases resulting from introduced or increased taxes and/or other taxes by authorized institutions that are put into place after the agreement has been concluded, regardless of whether these costs were foreseeable or not.

 

6.1 All payments are to be made within 14 days after invoice date, without any deductions, unless explicitly agreed otherwise in writing.  

6.2 The seller is always entitled to require cash payment, advance payment or to demand assurance for the payment.

6.3 If the client does not meet the commitment to pay or to provide assurance of payment, the seller is entitled to postpone its commitments related to this and other agreements concluded with the client without prior proof of default, without affecting its other rights in pursuance of the law.

6.4 If the client does not meet its payment commitments, he will owe a late fee of 1% per month from the invoice date, without having to provide proof of default.

6.5 All costs associated with collecting late payments owed by the client are for the account of the client. The extrajudicial costs amount to at least 15% of the amount owed, with a minimum of 23 euros, excluding VAT and are already due and  payable as soon as the claim has been handed off to a collection agency.

6.6 No reduction or discount may be taken from freight, VAT or other costs.  

 

7.1 Communicated delivery times are without obligation unless agreed otherwise in writing.

7.2 Delivery is made to the location agreed upon by the parties or in the absence thereof, to a location assigned by the seller.

7.3 Delivery costs are charged to the buyer.

7.4 The delivery risk is transferred to the client once the goods have reached the delivery location.  

7.5 The client is responsible for shipments delivered to locations not previously agreed upon and for return shipments.  

7.6 If a delivery is refused by the client, without prejudice to the provisions in article 9, the risk is transferred immediately to the client and the seller can demand immediate payment. The seller will store the goods for the client until further notice at the client’s own risk.  

7.7 The seller is entitled to dispose of the goods or to assign them to a different purpose if the client remains in default. Any proceeds will be credited to the client after deduction of all associated costs, without prejudice to the seller’s right to full payment of the agreed price.

7.8 Samples, photos and drawings remain the property of the seller and are not permitted to be reproduced or copied or to be distributed to any third party. All styles and tools that have been produced specifically for an order, remain the property of the seller, even if they have been paid in part or in whole by the client, unless otherwise agreed in writing.

7.9 All items are produced according to the basic style. A surcharge is charged for an order with deviating styles or colors. Deviations are to be agreed upon in writing in advance.

7.10 If an order is produced in accordance with the style or drawing, the client will guarantee that he is not infringing on any copyright, brand names, logos, patents, company name or any other rights of any third party.

 

8.1 Claims are to be submitted with reasons. Claims regarding defects of features are to be submitted within 2 days after delivery; claims regarding all other defects are to be communicated within 8 days after delivery, or within 8 days after the client discovers the defect or within a reasonable time that the client should be able to discover any defects. If the claim is not communicated as stated above, the delivery will be deemed as having been accepted unconditionally.

8.2 Common defects are not a reason for a claim.

8.3 In the event of a claim, the seller is only obligated to replace the defective goods or defective parts If the seller orders a third party to ship the goods, the client must submit a claim in a timely manner in accordance with the applicable transport terms, under penalty of losing the right to make a claim to the seller.

8.4 Information regarding the goods provided by the seller are without obligation and they do not release the client from his commitments to conduct his own investigations.  

8.5 The client is fully responsible for the use of the goods and is fully liable for meeting legal and other requirements of the authorized agencies.

 

9.1 As long as the client has not yet met all his payment commitments towards the seller, the seller remains the owner of all sold and/or delivered goods.

9.2 The client is not entitled to dispose of or transfer the goods as long as payment has not yet been made in full to the seller, except for and inasmuch as used for normal company use. The client is obligated to grant the resulting third party commitments to the seller, or be subject to a penalty of 50% of the invoice amount for the delivered goods, with a minimum of 2269 euros.

9.3 When mixing, processing or examining the goods with the client’s goods or

the goods of any third party, the seller keeps or receives his part of the property consisting of existing and new goods, either in part or in whole.

9.4 If the client does not meet his commitments, the seller has the right to confiscate the goods that form a part of his property without prior notice. The seller and his employees then have the irrevocable right to enter the client’s property to physically confiscate the delivered goods.

9.5 The client grants claims to the seller for the goods that belong to him as well as the right to a future payment due to an insurance agreement pledged to the seller by the client.

9.6 Upon the seller’s request, the client will provide all information regarding all or part of the property that forms a part of the seller’s property.  

 

10.1 The seller is not liable except in accordance with the provisions stated in article 8.3 for claims or damages due to not executing the order correctly or on time, unless the client can prove that such an act was intentional.

10.2 The seller is never liable for loss of business or consequential loss.

10.3 The seller is not liable for damages if the client has not submitted a claim by certified mail within 8 days after having noticed said damage.  

10.4 The seller is never liable for damages incurred by the client or any third party in the following cases:

If the client does not comply with the safety requirements, the user instructions and the warnings that are provided by the government and/or by the seller; if the client does not provide such information to the third parties involved; the client expands the use of the goods or makes it possible for third parties to use the goods for a purpose other than their intended use.

 

11.1 Every form of warranty by the seller is cancelled if the goods are used for a different purpose other than their intended use or if the goods are used differently than specified in the instructions.

11.2 The seller is only obligated to send additional goods or to replace the goods that are defective once the seller has judged the warranty claim to be valid.

 

The client shall hold the seller harmless and release him from all costs and damages that the seller may incur because a third party lodges a claim against the seller for an act for which liability towards the client in these general terms and conditions is prohibited.

 

All provisions in respect of the exclusion or limitation of liability by the seller and the corresponding release of the seller for claims by third parties, also apply to the persons who are employed by the seller as well as to third parties for whom the seller can be held liable for their actions or lack of actions.

 

14.1 If the client does not pay in a timely manner or otherwise does not meet its commitments to the seller, the seller is authorized to terminate the agreement without prior notice, without prejudice to the seller’s right to full compensation of damages incurred or to be incurred and to all further rights.

14.2 The seller also has the authority to terminate the agreement in accordance with article 14.1 if the seller ascertains that the client applies or has applied for a preliminary suspension of payments, or if he applies or has applied for bankruptcy or if the bankruptcy is/has been applied for by a third party, or if the client’s goods are seized or confiscated, or if the client requests debt refinancing or if this has been ordered by the court.  

14.3 The damages incurred and to be incurred as specified in article 14.1 amount to at least 10% of the agreed price, whereby the seller is not obligated to prove that said damage has been incurred or will be incurred.

14.4 In the event of termination in accordance with article 14, the credit provided to the client by the seller is due forthwith without having to provide further proof of default.

15.1 In the event of an Act of God, the seller is authorized to defer his delivery commitments in part or in whole or to terminate the agreement without any obligation to pay any compensation for damages, costs and interests to the client.

15.2 Act of God on the seller’s side includes: a. damages resulting from natural disasters and/or storm damage

b. War, danger of war and/or other form of a violent conflict or threat thereof, which hinders the delivery of the goods

c. Strikes, forced company closings, riots and every other form of disorder and/or hindrance caused by third parties

d. Loss or damage of goods in transport

e. Illness of one or more employees who are difficult to replace

f. Legal or administrative measures imposed by the government

g. Measures imposed by organizations or contractual form of collaboration of which the seller is a member or forms a part of, which impede the execution of the agreement with the client

h. Defect and/or failures of transportation, production equipment or power sources

i. Fire or other operations accidents at the seller’s company

j. Non-delivery or untimely delivery to the seller by suppliers in the Netherlands and/or other countries

k. Stagnation in the Netherlands and/or other countries in the transportation of goods and/or power.

15.3 If the seller fulfils the deliveries and/or services despite the presence of the circumstances specified in article 15.1 and 15.2, he is entitled to charge the client with all costs incurred and to deviate from the agreement if he deems necessary.

 

If one of the provisions of this general agreement is declared invalid, this will not affect the validity of the other provisions specified in these general terms and conditions.

 

All disputes between the parties will first be handled by the court in the district where the seller is established, without prejudice to the seller’s right to involve the client in legal proceedings in his district.