Article 1. Identity
- Bartogi B.V.
trading under the name(s): Sockwell.nl, Sockwell
- Established business address
Street: Hanzepoort 26
Postal code: 7575 DA
City and country: Oldenzaal, the Netherlands
Phone: +31 (0)53 - 53 88 333
- Chamber of Commerce number: 06049848
- VAT number: NL006554283B01
Bartogi is a subsidiary of the Hooijer Footwear Group. Correspondence will be sent under the name of Hooijer Footwear Group.
Article 2. Definitions and applicability
2.1 These General Terms and Conditions apply to all offers, orders and agreements made by Bartogi (hereinafter: Sockwell), unless Sockwell has agreed to other conditions in writing. The client can derive no rights from any agreed deviation in respect of future transactions.
2.2 Acceptance of an offer or placement of an order means that you have accepted the applicability of these General Terms and Conditions.
2.3 Deviations from these General Terms and Conditions are only valid if they have been made in writing, in which case the other provisions remain in full force.
Article 3. Offers/agreements
3.1 All of Sockwell's offers are non-binding and Sockwell explicitly reserves the right to change its prices, particularly when such changes are mandatory on the grounds of statutory or other requirements.
3.2 An agreement is concluded when Sockwell accepts your order. Sockwell is entitled to refuse orders or attach certain conditions to the delivery of orders, unless explicitly stated otherwise. If an order will not be accepted, Sockwell will communicate this within two working days of receiving the order.
3.3 When an order has been placed, you will immediately receive a confirmation by email containing the total costs, including shipping costs.
Article 4. Prices and payment
4.1 All prices quoted for products and services offered are in euros and include VAT.
4.2 Delivery costs are € 4.99 per order.
4.3 No extra charges are applied to any of the online payment methods.
4.4 Our website uses IP address identification for geolocation purposes, among others.
Article 5. Delivery
5.1 Delivery time is between 2 - 4 business days.
5.2 We deliver to the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, Portugal, Spain, Sweden and The Netherlands.
5.3 Exceeding an agreed delivery period shall not give the client the right to compensation for damages, or to dissolve the agreement or act in non-compliance with any obligation arising for said client under this or any other associated agreement.
5.4 The product should be delivered to the client no later than within 30 days of the order. If this is not the case, the client can cancel the order. The preceding does not apply if the parties have agreed a different delivery period.
5.5 Partial deliveries are allowed.
5.6 We do our best to keep the website as up-to-date as possible, however it can occur that for unforeseen reasons a product is not available. In such a case, we will get in touch with you as quickly as possible.
5.7 If you choose to give the courier permission to leave the ordered package in a safe place (e.g. a carport or backyard), Sockwell or the courier are not responsible for any missing items.
Article 6. Complaints and returns
6.1 You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us (Sockwell, Hanzepoort 26, 7575 DA Oldenzaal, The Netherlands, firstname.lastname@example.org, +31 (0) 53 - 53 88 333) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
6.2 We will solve any problem as quickly as possible. Should the solution not meet your expectations, then you may cancel the order without any additional costs.
6.3 If you decide not to accept purchase of a product for any reason whatsoever, then you are entitled to return the product to Sockwell within 14 calendar days of delivery.
6.4 The costs of return shipments are at your own expense.
6.5 Sockwell will refund the amount paid directly into your bank account within 7 working days.
Article 7. Liability
7.1 Sockwell, Sockwell's personnel and products shall explicitly be excluded from liability for any damages of any nature whatsoever, directly or indirectly, including trading loss, consequential damages, damages to moveable or immoveable property and/or to persons. Sockwell shall likewise be excluded from liability for damages arising from the implementation of the agreement by third parties.
7.2 Sockwell accepts no liability for any potential damages arising from the use of Sockwell's products.
7.3 In all cases the liability of Sockwell vis-à-vis the buyer shall not exceed the invoice amount that the buyer owed Sockwell under the specific agreement.
7.4 Sockwell shall not be liable for any misunderstanding, mutilation, delay or inappropriate transfer of orders or instructions arising from use of the Internet or any other means of communication in the exchange between the customer and Sockwell, and/or between Sockwell and third-party or parties insofar as pertinent to the relationship between Sockwell and the customer, unless and to the extent that Sockwell's actions were deliberate or negligent.
Article 8. Force majeure
8.1 In the case of force majeure, Sockwell is entitled to make its own choice between postponing execution of the order or dissolving the agreement without judicial intervention, to be accomplished by written notice and without Sockwell being liable for any compensation for damages, unless this would be unacceptable according to standards of reasonableness and fairness.
8.2 Force majeure is understood to mean any shortcoming that cannot be attributed to Sockwell because it was not due to Sockwell's fault and nor can it be held accountable for said shortcoming under law, a juristic act or generally prevailing opinion.
Article 9. Privacy
9.1 All personal data shall exclusively be used for processing the order and will never be made available to third parties.
Article 10. Miscellaneous
10.1 If you inform Sockwell of an address when making an order, Sockwell is entitled to send all orders to that address, unless you notify Sockwell in writing, with an order or by email, of a different address to which your orders should be sent.
10.2 If Sockwell tacitly allows deviations from these General Terms and Conditions for a shorter or longer period, this shall be without prejudice to its right to as yet demand immediate and strict compliance with these General Terms and Conditions. You will never be able to assert any right on the grounds that Sockwell has applied these General Terms and Conditions flexibly.
10.3 If one or more of the provisions of these General Terms and Conditions or any other agreement with Sockwell should be in conflict with any applicable legal requirement, the said provision shall be null and void and will be replaced with a comparable new legally admissible provision to be determined by Sockwell.
10.4 Sockwell is authorised to use third parties when implementing your order(s).
Article 11. Applicable law and authorised court
11.1 Dutch law shall exclusively apply to these General Terms and Conditions, as well as to all rights, obligations, offers, orders and agreements under these General Terms and Conditions.
11.2 The European Commission has a platform for online dispute resolution for consumers, which can be found at http://ec.europa.eu/consumers/odr/.