TERMS AND CONDITIONS
ARTICLE 1. DEFINITIONS
1.1 For purposes of these conditions the "Supplier" will be understood to be Bronx Fashion B.V.
1.2 For purposes of these conditions the "Customer" will be understood to be the client or purchaser who enters, or wishes to enter, into an agreement with the Supplier, or for whom the Supplier issues an offer or makes a delivery or performance.
ARTICLE 2. APPLICABILITY
2.1 These conditions will apply to all offers, agreements, and deliveries of the Supplier.
2.2. In no event will any general conditions of the Customer apply to the agreement or agreements between the Supplier and the Customer.
2.3 Any variations from these conditions agreed between the parties will apply only if expressly agreed in writing.
ARTICLE 3. OFFERS/AGREEMENTS
3.1. All offers of the Supplier will be subject to contract, even if they contain a term for acceptance. Any images, colours, drawings, and statements of measurements are indicative only. The Supplier will not be liable for any discrepancies.
3.2. An agreement between the Supplier and the Customer will be formed upon written confirmation by the Supplier of the Customer's order. The Supplier will be entitled to reject orders or to attach special conditions to delivery. Any amendment of the agreement will be valid only if agreed between the parties in writing.
3.3. The Customer warrants that the information provided to the Supplier is correct.
3.4. The order may be cancelled or changed only with the written consent of the Supplier.
3.5. In the event that the order is cancelled or changed after formation of an agreement between the Supplier and the Customer, the Customer will pay cancellation costs to be determined by the Supplier. Such cancellation costs will consist of all costs, lost profits, and other damage reasonably incurred by the Supplier with a view to execution of the order. The cancellation costs will amount to at least 25 percent of the principal sum, to be increased by VAT, or a proportional part thereof in the event that only part of the order is cancelled or changed.
3.6. In no event can the order be cancelled or changed after a period of 14 days prior to the date of delivery. In such event the full principal sum, to be increased by VAT, will at all times be due.
ARTICLE 4. PRICES
4.1 The prices quoted by the Supplier will be in Euro or, if separately indicated, in another currency, and will be exclusive of VAT, import duties, levies or taxes due upon import or export, administrative charges, and costs of shipment and insurance.
4.1 The Supplier will be entitled to pass any increase in price-determining factors, including but not limited to raw or other materials, component parts, energy prices, costs of transport, import duties, salary costs or social security contributions, occurring after conclusion of the agreement, on to the Customer.
ARTICLE 5. DELIVERY TIME
5.1 In no event will the delivery times stated by the Supplier be strict deadlines. The Supplier will not be liable if the delivery period is exceeded, nor will the Customer be entitled to cancel the order or refuse to take delivery of, or pay for, the products. The Customer will indemnify the Supplier against any third-party claims in respect of late delivery by the Supplier.
ARTICLE 6. SHIPMENT
6.1 Delivery will be FCA (free carrier), as provided in the version of the Incoterms of the International Chamber of Commerce as prevailing on the date of delivery. In the event of conflict between the provisions of the Incoterms and those of the present general conditions, the provisions of these general conditions will prevail over those of the Incoterms.
6.2 In the event that the Supplier arranges shipment at the request, and on behalf, of the Customer, the method and routing of shipment will be at the Supplier's discretion. In such event the Supplier will not be liable for any damage-causing events, of any nature whatsoever, that may occur during or in connection with shipment, save in the event of intent or gross negligence on the part of the Supplier.
6.3 The Supplier will be entitled to deliver the goods in consignments. Any partial deliveries may be separately invoiced to the Customer.
6.4 If the parties have agreed that the Supplier will attach labels and such like to items and packaging, the Customer will ensure that such labels and such like are provided to the Supplier within 14 days of formation of the agreement. If the Customer fails to arrange punctual provision of labels and such like, the Supplier will be entitled to deliver the items to the Customer without labels and such like, without any liability arising on the Supplier's part to pay any kind of damages or compensation.
6.5 The Customer will be under an obligation to take delivery of the items upon delivery by or on behalf of the Supplier to the Customer, or upon provision of the items to the Customer.
6.6 If the Customer refuses to take delivery, or omits to provide any information or instructions that are required for the delivery, the Supplier will be entitled to store the items at the Customer's expense and risk, or to dissolve all, or the non-performed part of, the agreement, without any judicial intervention or notice of default being required, all without prejudice to the Supplier's right to claim damages.
ARTICLE 7. PAYMENT
7.1 Payment by the Customer of the invoice amount is to be made within fourteen (14) days of the date of the invoice, without any discount, by way of transfer to the bank account designated by the Supplier in the invoice. In no event will the Customer be entitled to any suspension or setoff.
7.2 The Customer will be in default by operation of law by the mere expiry of the payment period. From the date of occurrence of its default, the Customer will pay interest equal to 1.5% per month, while from such time all judicial and extrajudicial costs incurred by the Supplier will be payable by the Customer, up to the amount of the actual costs incurred. The extrajudicial costs will amount to at least 15% of the invoice amount, or the unpaid part thereof, unless the actual costs are higher.
7.3 Payments made by the Customer will always first be used to pay all outstanding interest and costs and subsequently to pay such exigibleinvoices as have been outstanding longest, even if the Customer states that the payment regards a later invoice.
7.4 The Supplier will be entitled to require immediate payment, or to require that the Customer provide security for payment, or pay such part of the purchase price as the Supplier may determine, before the Supplier delivers the relevant product.
7.5 If the Supplier accepts an order from a Customer based outside the Netherlands that is affiliated in a group with a company based in the Netherlands, the Customer will arrange that the Netherlands-based company assume joint and several liability for payment by the foreign Customer.
ARTICLE 8. RETENTION OF TITLE
8.1 As long as the Customer has not fully paid the Supplier, including but not limited to payment of all invoices, even for earlier and later deliveries and services performed, reimbursement of all costs and interest, as well as claims for damages on account of failure by the Customer to perform its obligations, the Supplier retains title to the products delivered by it to the Customer.
8.2 The Customer will be under an obligation to store the products delivered subject to a retention of title, identifiable as the Supplier's property, and to insure them against risks such as fire, explosion, damage and theft.
8.3 Title to the product will pass to the Customer as soon as the Customer has fully paid the Supplier. Until such time, the Customer will not be free to encumber the products, to give them in lease, to allow third parties to use them, or to remove them from their storage location without the Supplier's written consent. The Customer will only be entitled to sell or deliver the products title to which is reserved by the Supplier to third parties to the extent necessary in the Customer's ordinary course of business.
In the event of failure by the Customer to perform its obligations, or if the Supplier has reason to fear that it will fail to do so, the Supplier will be entitled to cause the delivered products to be removed from the Customer's premises. The Customer will be under an obligation to render its full cooperation in this respect. The Customer hereby irrevocably authorizes the Supplier, or persons to be designated by it, in advance to access the location where the products are stored in order to remove them. All associated costs will be at the expense and risk of the Customer.
ARTICLE 9. COMPLAINTS
9.1 The Customer is to inspect the product immediately upon receipt from the Supplier. Any complaints with respect to the products delivered by the Supplier are to be filed with the Supplier in writing within seven (7) days of receipt of the goods, accurately describing the complaint, on pain of forfeiture of the Supplier's full liability. Complaints with respect to partial deliveries may not be postponed until all the agreed products have been delivered.
9.2 The Customer will not be free to return a product before the Supplier has granted its written consent. In no event may acceptance of return shipments be construed by the Customer as acknowledgment by the Supplier of any defects in the delivered products or acceptance of liability. The costs of return shipment will be payable by the Customer and the products will continue to be at the Customer's risk.
9.3 In the event of acknowledgment of a complaint, the Supplier will, at its option, repair or replace the delivered items or credit the invoice amount, without any liability arising on its part to pay damages.
9.4 Any worn pairs complained about ("complaint pairs") will be taken back by the Customer and collected by it, and will be accepted by way of return shipment at a time, and according to a method, to be determined by the Supplier. Compensation by way of crediting will be arranged as soon as the Supplier - at its sole discretion - deems the complaint founded.
9.5 After 18 months have passed since the date of the invoice worn complaint pairs will no longer be accepted by us (the Supplier).
ARTICLE 10. LIABILITY
10.1 Save in the event of intent or gross negligence on the Supplier's part, the Supplier will not be liable for any damage suffered by the Customer or any third parties.
10.2 The Supplier's liability to the Customer will in any event be limited to the lower amount of either the relevant contract sum (exclusive of VAT) or the amount received by the Supplier from its insurer in the relevant event.
10.3 In no event will the Supplier be liable for any indirect damage suffered by the Customer, such as consequential damage or lost profits. The Customer will be under an obligation to indemnify and compensate the Supplier against any claims for damages that third parties may assert against the Supplier if the damage of such third parties was caused by infringement of patents and/or copyrights, the use of drawings, data, designs, materials or component parts, or the application of working methods provided or prescribed by or on behalf of the other party to the Supplier for the purpose of execution of the order.
ARTICLE 11. SUSPENSION AND DISSOLUTION
11.1 In the event of the Customer's failure, or failure punctually or properly, to perform any of its obligations ensuing from an agreement with the Supplier, insolvency, filing for a moratorium on payment of its debts, or offering a settlement or composition to one or more of its creditors, the Customer will be in default by operation of law. In such events the Supplier will be entitled either to suspend performance of the agreement or to dissolve all or part of the agreement (and to reclaim the items already delivered by it to the extent not yet paid) - without any judicial intervention or notice of default being required - and to claim payment of the performed part of the agreement and demand payment in advance for the further deliveries, all without prejudice to the Supplier's right to claim compensation of its damage.
11.2 In the situations referred to in paragraph 1 of this article the Supplier's claims against the Customer will become immediately due and payable.
ARTICLE 12. FORCE MAJEURE
12.1 In the event of force majeure the Supplier will be entitled to suspend performance of all its obligations vis-à-vis the Customer, and to dissolve all or part of all agreements with the Customer, without prejudice to its right to demand payment of the work already performed and the costs incurred, and without being liable to pay any penalty or damages.
ARTICLE 13. WARRANTY
13.1 The Supplier warrants the sound condition of the items delivered by it and the materials used in that respect. Items fully or partially manufactured from natural products may vary from samples. To the extent that the relevant variations are common in the industry, the Customer will not be entitled to return the items or to claim any form of damages or compensation. Furthermore, the Supplier warrants the sound condition of the items delivered by it and the material used in that respect only if such items are used in a normal and careful fashion and in accordance with the Supplier's instructions and the materials used in that respect, as well as for the purpose for which they were manufactured. This warranty will not apply if the Supplier supplies items of an explicitly agreed inferior quality. The Supplier will determine whether the warranty is applicable and how the relevant items will be repaired and/or shipped.
13.1 The warranty cannot be invoked if the defect or the wear and tear is the result of negligent maintenance or normal use. Moreover, the warranty cannot be invoked if the Customer remains in default and fails to perform its obligations.
13.2 In the event of replacement or compensation, an allowance will be made for the use already made of the delivered item, including wear and tear as a result of normal use.
ARTICLE 14. INTELLECTUAL PROPERTY RIGHTS
14.1 The intellectual property rights, including
copyrights, rights as referred to in the Uniform
Benelux Act on Drawings and Designs, trade names, and patent rights, in the Supplier's products may be used for promotional and/or publication purposes, all in the broadest sense, only with the Supplier's written consent.
14.2 The Customer will be under an obligation, as soon as the use of the Supplier's intellectual property rights by third parties comes to its attention, promptly to notify the Supplier.
ARTICLE 15. APPLICABLE LAW
15.1 All agreements will be governed exclusively by the laws of the Netherlands. The applicability of the Vienna Sales Convention (CISG) is excluded.
15.2 Any disputes between the parties will be submitted to the exclusive jurisdiction of the competent court in Breda, the Netherlands.
For more information on the payment method Afterpay, please visit: https://www.afterpay.nl/en/algemeen/pay-with-afterpay/general-terms-and-conditions
Datum: Mei 2018, versie 1.5
Please note that this document has been translated from Dutch using a translator service. Therefore, no rights can be derived from spelling errors. If you have questions about this statement please contact our customer support.
Bronx Fashion B.V. Processes your personal data carefully, safely and reliably. We think it is important that you have confidence in our organization and all our services and products. That is why we do everything to protect your privacy. The rules on protecting your privacy are laid down in the General Data Protection Regulation(GDPR), were the Dutch Data Protection Authority supervises compliance with the law.
bronxshoes.com and all websites derived from it fall under Bronx Fashion B.V. and is controller for the processing of personal data. Bronx Fashion B.V. is not obliged to appoint a data protection officer due to the size of its organization. This is why internal supervision of the application and compliance with the AVG is maintained.
2. STRUCTURE PRIVACY STATEMENT
Bronx Fashion B.V. is responsible for the processing of your data. In the paragraphs below we describe which personal data we process and for what purposes we do this. We also explain for which services we process the data and on the basis of which basis we are allowed to do this. The sharing of data with other parties has been highlighted. The security of personal data and retention periods are stated below. Lastly, a section has been added about which rights you have as a customer and the possibility to contact Bronx Fashion B.V.
3. VERPLICHT OM PERSOONSGEGEVENS TE VERSTREKKEN
In most cases it is necessary to use your personal data in order to be able to offer you the service or product that you purchase from us. In that case, we use your data solely for the necessary to be able to execute and improve our service
For other services you are not obliged to provide data. For some additional products and services such as our pre-announcements and brochures, we first ask your permission before we collect (more) personal data from you or before we use data that we already have for other purposes.
4. PROCESSED PERSONAL DATA
Bronx Fashion B.V. may process personal data about you, because you use of the services of Bronx Fashion B.V. or because you provide it yourself when filling out a contact form or delivery information on the website. Bronx Fashion B.V. processes the following personal data:
1e CATEGORY: WEBSHOP VISITERS
- Type of device
- Browser spedicications
- Length and frequency of your visit
2e CATEGORY: BUYING CUSTOMER ON WEBSHOP
- E-mail adress
- Phone number
- Zip Code
- And everything form the first category
Payment information is entered on a page of our payment provider. This data is not accessible for us and is not processed by us. For this data we refer you to the relevant payment provider.
5. WHY BRONX FASHION B.V. NEEDS YOUR DATA
Bronx Fashion B.V. and our processors process your data because it is necessary for the execution of the agreement that applies between Bronx Fashion B.V. and processor. This is necessary to provide the services and / or products of our webshop and customer service, such as:
- 1. Providing information about products on our site.
- 2. The sending of newsletters and other mailings (only after registration).
3. Offer the possibility to create an account on our site with the associated possibility to view orders and account details.
4. Being able to send the ordered goods and offering the logistics
- 5. Analyzing data for improving our website, portal and services.
6. The ability to offer customer service, after sales and other support.
7. Remarketing and retargeting activities.
- FOR WHAT SERVICES DOES BRONX FASHION B.V. USES YOUR DATA
Service 1:Inform webshop visiters
To inform a webshop user, Bronx Fashion B.V. uses personal data from the 1st category. This data is obtained through Google, Bing & Facebook Analytics.
Service 2: Delivery of goods and services
For the delivery of goods, Bronx Fashion B.V. uses personal data from the 2nd category. This is intended to deliver the ordered goods to the address given.
Service 3: Other processing
Bronx Fashion B.V. further processes personal data from the 1st and 2nd category, where necessary. This can be done by conducting research and analyzing the data to improve the service. It is also possible that Bronx Fashion B.V. has to process your personal data in order to comply with legal obligations.
- FOR WHAT BASES WE USE YOUR DATA
Bronx Fashion B.V. used to send the newsletter as base permission. This permission is requested via the website, whereby the customer can enter the e-mail address and / or address details and tick a box. This permission is stored by Bronx Fashion B.V. for registration.
- EXISTENCE OF AUTOMATED INDIVIDUAL PROFILING
Bronx Fashion B.V. does not use automated individual decision-making because this is not necessary for our service. This means that Bronx Fashion B.V. does not engage in active profiling.
- SHARING PERSONAL DATA WITH OTHERS
Bronx Fashion B.V. shares personal data with organizations that are involved in the implementation of ICT. These service providers ensure the functioning, management and maintenance of the software with which we register our customers and orders. In addition, Bronx Fashion B.V. uses a payment provider to process the transactions. Bronx Fashion B.V. also uses a number of suppliers for, for example, software programs. These suppliers are our sub-processors, and we have made agreements about the careful handling of your data.
Sometimes Bronx Fashion B.V. is obliged to provide personal data to the authorities on the basis of legal obligations. We only do this if this legal obligation exists.
Bronx Fashion B.V. ensures that the data exchange with third parties falls within the legal frameworks. This means, among other things, that we make agreements with the third parties to ensure that they take appropriate organizational and technical measures to ensure that their privacy is guaranteed.
- DATA OUTSIDE THE EUROPIAN UNION
Bronx Fashion B.V. prefers processing of personal data within the EU. Since the privacy regulation applies within the EU, an adequate level of protection can always be guaranteed. When data is shared with parties outside the EU, these parties must comply with the "Privacy Shield law" in order to guarantee an adequate level of protection of your data outside the EU.
- HOW LONG IS YOUR DATA STORED
Bronx Fashion B.V. does not store your personal data longer than is strictly necessary to achieve the goals for which your data is collected. Your data from Google analytics and similar parties will be stored for a maximum period of 50 months. When you purchase a product and / or service from our online store, the data, whether anonymous or not, is stored for 7 years in order to comply with the statutory mandatory storage period.
- ANALYTICS WEBSITE USAGE
On the website of Bronx Fashion B.V. , general visitor data is kept, including the IP address of your computer and the time of retrieval and data that your browser sends. This data is used for analyzes of visitor and click behavior on the website. Bronx Fashion B.V. uses this information to improve the functioning of the website. This data is anonymized as much as possible and is not provided to third parties.
- GOOGLE ANALYTICS & ADWORDS
Google uses this information to keep track of how our website is used, to provide reports on the Website to Bronx Fashion B.V. and to provide its advertisers with information about the effectiveness of their campaigns.
Google may provide this information to third parties if Google is legally obliged to do so, or insofar as these third parties process the information on behalf of Google. Bronx Fashion B.V. has no influence on this.
Bronx Fashion B.V. has not given Google permission to use Analytics information obtained through Bronx Fashion B.V. for other Google services.
- BING ANALYTICS & BING ADS
Bronx Fashion B.V. uses Bing Analytics to keep track of how users use the website and how effective the Bing ads of Bronx Fashion B.V. on Bing search result pages are.
Bing uses this information to keep track of how our website is used, to provide reports on the Website to Bronx Fashion B.V. and to provide its advertisers with information about the effectiveness of their campaigns.
Bing can provide this information to third parties if Bing is legally obliged to do so, or in so far as these third parties process the information on behalf of Bing. Bronx Fashion B.V. has no influence on this.
Bronx Fashion B.V. has not given Bing permission to use Analytics information obtained through Bronx Fashion B.V. for other Bing services.
- FACEBOOK & INSTAGRAM ANALYTICS EN ADS
Bronx Fashion B.V. uses Facebook & Instagram Analytics to keep track of how users use the website and how effective the Facebook & Instagram ads of Bronx Fashion B.V. on social media channels are.
Facebook & Instagram uses this information to keep track of how our website is used, to provide reports on the Website to Bronx Fashion B.V. and to provide us as advertisers with information about the effectiveness of their campaigns.
Facebook & Instagram can provide this information to third parties if Facebook & Instagram is legally obliged to do so, or insofar as these third parties process the information on behalf of Facebook & Instagram. Bronx Fashion B.V. has no influence on this.Bronx Fashion B.V. has not granted Facebook & Instagram permission to use Analytics information obtained via Bronx Fashion B.V. for other Facebook & Instagram services.
- TRANSACTIONELE MAILS
All transactional emails and newsletters sent from bronxshoes.com use Mailchimp & Mandrill. Data with this party is not transparent to third parties and is stored in the United States. Mailchimp and Mandrill may only provide this information to third parties if they are legally obliged to do so, or in so far as these third parties process the information on behalf of Mailchimp & Mandrill. Bronx Fashion B.V. has no influence on this. The conditions of Mailchimp and mandrill can be found here: https://mailchimp.com/legal/privacy
- SEE, CUSTOMIZE OR REMOVAL OF YOUR DATA
Bronx Fashion B.V. thinks it's important that the customers living in the EU can exercise their rights properly on the basis of the law. That is why it is very easy to contact us via the website and you can use the following rights:
- The right of inspection: you have the right to inspect the personal data we process about you;
- The right of correction: if the personal data we process about you are not correct, you have the right to adjust it;
- The right of removal: if we no longer need your personal data for the purpose for which we received it, you have the right to ask us to remove it. Here are a few exceptions, such as our obligation to retain certain data for, among others, the tax authorities;
- The right of limitation: during the period that we are in the process of determining whether your data must be rectified, determining the unlawfulness of data processing, determining whether data must be deleted or you objected to the processing, you have right to request the restriction of processing;
- The right of objection: if we process data on the grounds of legitimate interest or public interest, it is possible to raise an objection after which a weighing of interests will follow. In the case of direct marketing you always have the right of objection.
You can send a request for inspection, correction or deletion to our AVG contact person, which can be found at the bottom of this statement. Bronx Fashion B.V. will respond to your request as soon as possible, no later than four weeks.
- SECURITY OF YOUR DATA
Bronx Fashion B.V. takes the protection of your data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized modification. The website of Bronx Fashion B.V. uses a reliable SSL Certificate to ensure that your personal data is not in the wrong hands. We ensure that, if we transfer your personal data to other organizations such as the processors, these organizations maintain the same standards.
If you have the impression that your data is not secure or that there are indications of misuse, or if you would like more information about the security of personal data collected by Bronx Fashion B.V. , please contact Bronx Fashion B.V. via the link below.
Contact our data responsible department