TERMS OF SERVICE

ARTICLE 1 – DEFINITIONS

1. Shopped By Nour, located in The Hague, Chamber of Commerce number 82477361, is referred to as the seller in these general terms and conditions.
2. The counterparty of the seller is referred to as the buyer in these general terms and conditions.
3. Parties refer to both the seller and the buyer together.
4. The agreement refers to the purchase agreement between the parties.

ARTICLE 2 – APPLICABILITY OF GENERAL TERMS AND CONDITIONS

1. These conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of the seller.
2. Deviations from these terms and conditions are only possible if expressly and in writing agreed upon by the parties.

ARTICLE 3 – PAYMENT

1. The full purchase price is always paid immediately in the webshop. In some cases, a deposit may be expected for reservations. In that case, the buyer receives proof of the reservation and the advance payment.
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
3. If the buyer remains in default, the seller will proceed to collection. The costs related to this collection are borne by the buyer. These collection costs are calculated in accordance with the Decree on compensation for extrajudicial collection costs.
4. In case of liquidation, bankruptcy, attachment, or suspension of payment of the buyer, the claims of the seller against the buyer are immediately due and payable.
5. If the buyer refuses to cooperate in the execution of the assignment by the seller, he is still obliged to pay the agreed price to the seller.

ARTICLE 4 – PRICES AND PAYMENT

1. Offers are without obligation unless a deadline for acceptance is stated in the offer. If the offer is not accepted within that specified period, the offer lapses.
2. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation for damages if exceeded, unless expressly and in writing agreed upon by the parties.
3. Offers and quotations do not automatically apply to reorderings. Parties must expressly and in writing agree on this.
4. The price mentioned in offers, quotations, and invoices consists of the purchase price. All prices are retail prices and are exclusive of VAT, unless otherwise stated.

ARTICLE 5 – RIGHT OF WITHDRAWAL

1. The consumer has the right to terminate the agreement without giving reasons within 14 days of receiving the order. The period starts from the moment the consumer has received the entire order.
2. There is no right of withdrawal when the products are made to the consumer’s specifications or are perishable.
3. The consumer can use a withdrawal form from the seller. The seller is obliged to provide this to the buyer immediately upon request.
4. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all accessories supplied and, if reasonably possible, in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.

ARTICLE 6 – AMENDMENT OF THE AGREEMENT

1. If during the performance of the agreement, it appears that it is necessary to change or supplement the work to be performed for a proper execution of the assignment, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. If the parties agree that the agreement is amended or supplemented, this may affect the completion time of the execution. The seller will inform the buyer of this as soon as possible.
3. If the change or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer about this in writing in advance.
4. If the parties have agreed on a fixed price, the seller will indicate the extent to which the change or addition to the agreement results in an overrun of this price.
5. Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to him.

ARTICLE 7 – DELIVERY AND TRANSFER OF RISK

1. Once the purchased item has been received by the buyer, the risk passes from the seller to the buyer.

Article 8 – Inspection and complaints

1. The buyer is obliged to inspect the delivered goods at the time of (delivery), but in any case, as soon as possible, to (have them) inspect. The buyer must check whether the quality and quantity of the delivered goods correspond to what has been agreed between the parties, or whether the quality and quantity meet the requirements that apply to it in normal (trade) traffic.
2. Complaints regarding damage, shortages, or loss of delivered goods must be submitted to the seller in writing by the buyer within 10 working days after the day of delivery of the goods.
3. If the complaint is justified within the specified period, the seller has the right to either repair, deliver again, or refrain from delivery and send the buyer a credit note for that part of the purchase price.
4. Minor and/or customary deviations and differences in quality, quantity, size, or finish cannot be attributed to the seller.
5. Complaints regarding a specific product do not affect other products or parts belonging to the same agreement.
6. After the goods have been processed by the buyer, no more complaints will be accepted.

ARTICLE 9 – EXCHANGE AND RETURN

1. Our return and exchange policy is included in a separate document (see “Return and Exchange Policy”). Customers are responsible for complying with the return conditions and requesting returns.
2. If the product has been delivered/shipped to the buyer on request by the seller, it is not possible to return the product. This is because the product has not been delivered from stock, but has been purchased personally for the buyer.
3. All sales on location are final, and there is no possibility of returning.

ARTICLE 10 – DELIVERY

1. Delivery takes place ‘ex works/shop/warehouse’. This means that all costs are for the buyer.
2. The buyer is obliged to accept the goods when the seller delivers them to him or has them delivered, or when these goods are made available to him according to the agreement.
3. If the buyer refuses acceptance or is negligent in providing information or instructions necessary for delivery, the seller is entitled to store the goods at the expense and risk of the buyer.
4. If the goods are delivered, the seller is entitled to charge any delivery costs.
5. If the seller needs data from the buyer for the execution of the agreement, the delivery time starts after the buyer has made this data available to the seller.
6. A delivery period specified by the seller is indicative. This is never a fatal term. In the event of exceeding the period, the buyer must notify the seller in writing of default.
7. The seller is entitled to deliver the goods in parts unless the parties have agreed otherwise in writing or partial delivery has no independent value. In the case of delivery in parts, the seller is entitled to invoice these parts separately.
8. All products that are available from stock are shipped within 1-2 working days. All products purchased on request have a delivery time of 5-10 working days.
9. The delivery time of orders may vary. We aim for an average of 5 working days before a sneaker arrives at our location, but this may vary due to delays or relaxations.

ARTICLE 11 – FORCE MAJEURE

1. If the seller cannot, not timely, or not properly fulfill his obligations under the agreement due to force majeure, he is not liable for damages suffered by the buyer.
2. Force majeure is understood by the parties to mean in any case any circumstance that the seller could not reasonably have taken into account at the time of the conclusion of the agreement and as a result of which the normal performance of the agreement cannot reasonably be demanded by the buyer, such as, for example, illness, war or threat of war, civil war and riot, sabotage, terrorism, power failure, flood, earthquake, fire, occupation of the company, strikes, lockouts, altered government measures, transport difficulties, and other disruptions in the seller’s business.
3. Furthermore, the parties understand force majeure to mean the circumstance that suppliers on whom the seller depends for the performance of the agreement do not meet their contractual obligations towards the seller, unless this can be attributed to the seller.
4. If a situation as referred to above arises as a result of which the seller cannot fulfill his obligations towards the buyer, those obligations are suspended as long as the seller cannot fulfill his obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to terminate the agreement in writing in whole or in part.
5. If force majeure lasts longer than three months, the buyer has the right to terminate the agreement with immediate effect. Termination can only be done by registered letter.

ARTICLE 12 – TRANSFER OF RIGHTS

1. Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision applies as a clause with real rights effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

ARTICLE 13 – RETENTION OF TITLE AND RIGHT OF RETENTION

1. The goods present at the seller’s premises and delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can invoke his retention of title and take back the goods.
2. If the agreed advance payments are not made or not made on time, the seller has the right to suspend the work until the agreed part has been paid after all. This constitutes creditor default. In such a case, a delayed delivery cannot be attributed to the seller.
3. The seller is not authorized to pledge the goods falling under his retention of title or to encumber them in any other way.
4. The seller undertakes to insure the goods delivered under retention of title to the buyer and to keep them insured against fire, explosion, and water damage, as well as against theft, and to show the policy at the first request.
5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The goods will not be delivered until the buyer has paid in full and in accordance with the agreement.
6. In the event of liquidation, insolvency, or suspension of payment of the buyer, the obligations of the buyer become immediately due and payable.

ARTICLE 14 – LIABILITY

1. Any liability for damage resulting from or related to the performance of an agreement is always limited to the amount paid out in the relevant case by the concluded liability insurance (s). This amount is increased by the amount of the deductible according to the relevant policy.
2. The liability of the seller for damage resulting from intent or conscious recklessness of the seller or his supervisory subordinates is not excluded.

ARTICLE 15 – DUTY TO COMPLAIN

1. The buyer is obliged to report complaints about the work performed immediately to the seller. The complaint contains as detailed a description as possible of the shortcoming so that the seller can respond adequately.
2. If a complaint is justified, the seller is obliged to repair the defect and possibly replace it.

ARTICLE 16 – GUARANTEES

1. If guarantees are included in the agreement, the following applies. The seller guarantees that the sold item complies with the agreement, that it will function without defects, and that it is suitable for the use that the buyer intends to make of it. We offer a guarantee on our own brand products in accordance with legal provisions.
2. The guarantee mentioned aims to establish a risk distribution between the seller and the buyer in such a way that the consequences of a breach of a guarantee always come fully at the expense and risk of the seller and that the seller can never invoke Article 6:75 of the Dutch Civil Code with regard to a breach of a guarantee. The provision in the previous sentence also applies if the breach was known or could have been known to the buyer through investigation.
3. The warranty mentioned does not apply if the defect has arisen as a result of improper or improper use or if changes have been made or attempted by the buyer or third parties without permission, or if the purchased item has been used for purposes for which it is not intended.
4. Please note: we do not provide a warranty on sneakers because we do not have a contract with and are not affiliated with the brands.

ARTICLE 17 – INTELLECTUAL PROPERTY

1. Shopped By Nour retains all intellectual property rights (including copyright, patent rights, trademark rights, design and model rights, etc.) to all products, designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc., unless parties have agreed otherwise in writing.
2. The customer may not copy, show to third parties, and/or make available or otherwise use the mentioned intellectual property rights without the prior written consent of Shopped By Nour.

ARTICLE 18 – PRIVACY

1. For information on how we handle your personal data, please refer to our privacy policy. This policy describes how we collect, use, share, and protect your data.

ARTICLE 19 – PRICES

1. We reserve the right to change prices in connection with changes in the market value of the sneakers.

ARTICLE 20 – AMENDMENT OF GENERAL TERMS AND CONDITIONS

1. Shopped By Nour is entitled to change or supplement these general terms and conditions.
2. Minor changes can be made at any time.
3. Significant substantive changes will be discussed with the customer as much as possible in advance by Shopped By Nour.
4. Consumers are entitled to terminate the agreement in the event of a substantial change in the general terms and conditions.

ARTICLE 21 – APPLICABLE LAW AND COMPETENT COURT

1. Dutch law applies exclusively to every agreement between parties.
2. The Dutch court in the district where Shopped By Nour is located has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
3. The applicability of the Vienna Sales Convention is excluded.
4. If one or more provisions of these general terms and conditions are considered unreasonably onerous in legal proceedings, the remaining provisions shall remain in full force.

These terms and conditions have been in effect since: February 1, 2024.