1. style and fashion
2. footwear

General Terms and Conditions for the Celestial
Footwear Webshop
Article 1. General information
1. These terms and conditions apply to all offers of the Celestial Footwear
webshop. The conditions are accessible to all on the website under
Terms&conditions. We will send you a written copy on request.
2. By placing an order you acknowledge that you agree with these terms and
conditions. Celestial Footwear reserves the right to makes changes to these
terms and conditions.
3. Unless otherwise agreed in writing, the general or specific terms or conditions
of third parties are not authorized by Celestial Footwear.
4. Celestial Footwear guarantees that the delivered product or service complies
with the agreement and meets the specifications listed in the offer.
Article 2. Delivery
1. Delivery will take place while stocks last.
2. Orders placed before 16:00 will be send the same day. If this is not possible
(because the item ordered is out of stock or no longer available) or for any
other reason causing delays, or in cases where an order cannot or can only
partially be executed, staff of Celestial Footwear webshop will contact the
customer within 24 hours after placing the order. Here the customer is given
the opportunity to select another similar product. The customer will also be
entitled to cancel the order without costs or notice of default.​
The obligation
​
of Celestial Footwear webshop to deliver will, subject to proof, be met when
the delivered goods are offered to the customer.
3. All terms referred to on the website are indicative. No rights may be derived
from these terms.
Article 3. Payment and prices
1. Payment must be made directly via the iDEAL payment system,credit card or
PayPal offered by the Celestial webshop.
2. Celestial Footwear webshop reserves the right to raise the product prices,
should legal measures necessitate this, or if the supplier raises his prices in
the meantime.
3. All prices are subject to printing and typographical errors. No liability is
accepted for the consequences of printing and typographical errors.
4. All prices are in euros and include VAT.
Article 4. Approval period/right of withdrawal
1. With a consumer purchase, in accordance with the Distance Sales Act (Wet
verkopen op Afstand, Article 7:5 Dutch civil law), the customer has the right to
return (part of) the goods within a period of fourteen days without providing
any reason for doing so. This period commences the moment the ordered
goods are delivered. The customer is obliged, before proceeding to return
goods within the period of seven working days after delivery, to provide
Celestial Footwear webshop with notification in writing. The customer is
obliged, following this notification in writing, to return the products to Celestial
webshop within a reasonable time frame. Goods must be returned in their
original condition. If the goods are used by the customer, encumbered or
damaged in any way, the right to terminate under this paragraph is revoked.
Subject to the provisions in the previous sentence, Celestial Footwear
webshop will ensure that, within 30 days after receipt of the return, the full
purchase price excluding shipment costs will be refunded to the customer.
The return of the delivered goods is the sole responsibility and risk of the
customer.
2. The right of withdrawal does not apply to:​
• goods which are manufactured
​
according to customer specifications, such as customized goods, or goods
which have a clearly personal nature;​
• goods which by reason of their nature
​
cannot be returned, for example, for reasons of hygiene or because they
rapidly decay or age;​
• audio and video recordings or computer software for
​
which the customer has broken the seal;​
• the delivery of newspapers and
​
magazines for the services of betting transactions and lotteries.
Article 5. Data management
1. When you place an order, your data will be included in a customer database.
webshop abides by the (Dutch) Act on Registration of Personal Data (Wet
Persoonsregistraties), by way of a privacy policy, and will not share your
information with third parties.
2. Celestial Footwear webshop respects the privacy of the users of the website
and will maintain strict confidentiality of your personal information.
Article 6. Warranty, liability and compliance
1. Celestial Footwear webshop guarantees that the products comply with the
agreement, the specifications stated in the offer, the reasonable requirements
of reliability and/or suitability and the legislation and/or provisions that are
current at the date of the creation of the agreement.
2. An arrangement brought forward by Celestial Footwear webshop, the
manufacturer or importer as a guarantee, does not alter the rights and claims
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which the customer can apply due to a right of specific performance
concerning the responsibilities of the Celestial Footwear webshop to the
customer on the grounds of the legislation and/or the distance agreement.
The customer is obliged to check the goods immediately upon receipt.
Should the delivered goods appear to be wrong, inadequate or incomplete,
the customer must immediately notify the Celestial Footwear staff via e-mail
or phone. Using the goods after detection of defects, damage caused after
detection of defects, encumbrance and/or sale after detection of defects,
makes the right to return null and void.
If, within two weeks of receivement of the product, technical failure occurs
due to manufacturing defects under normal use of the product, Celestial
Footwear webshop, after assessment thereof, is obliged to remedy these
defects without charge or deliver a new comparable product.
The liability of Celestial Footwear webshop and the amount of compensation
is limited to a maximum of the invoice amount of the goods concerned, or (if
Celestial Footwear webshop so chooses) to the maximum amount covered by
its applicable liability insurance. All liability for any other form of damage is
excluded, including additional or supplemental compensation in any form
whatsoever, compensation of indirect loss or consequential loss or loss due
to lost turnover or profit.
Celestial Footwear webshop is not liable for damage caused intentionally or
due to equivalent deliberate recklessness of its staff.
This warranty does not apply if:
1. and for as long as the customer is in default towards Celestial
Footwear webshop;
2. the customer has repaired and/or modified the delivered goods
themselves or has had the delivered goods repaired or modified by a
third party;
3. the delivered goods were exposed to abnormal conditions or were
handled carelessly or contrary to the instructions of Celestial Footwear
webshop and/or instructions on the packaging;
4. the defect is wholly or partially the consequence of (current or future)
governmental regulations regarding the nature or quality of the
materials used.
Article 7. Offers
1. Offers are free of obligation, unless otherwise stated in the offer.
2. Verbal commitments will only be binding upon Celestial Footwear webshop
after they have been expressly confirmed in writing.
3. Offers from Celestial Footwear webshop do not automatically apply to repeat
orders.
4. Celestial Footwear webshop cannot be held to its offers if the customer ought
to have understand that the offer, or any part thereof, contained an obvious
mistake or error.
5. Additions, modifications and/or further agreements are only valid if agreed in
writing.
Article 8. Agreement
1. The agreement is established after an order has been evaluated by Celestial
Footwear webshop for feasibility.
2. Celestial Footwear webshop reserves the right, without providing any reason,
not to accept orders or custom orders.
Article 9. Force majeure
1. Celestial Footwear webshop is not liable if and when it cannot fulfill its
agreements due to force majeure.
2. Force majeure comprises any strange cause as well as any circumstantial
situation which cannot reasonably be held to be the responsibility of Celestial
Footwear webshop. Delay or failure by our suppliers, internet disruptions,
electric failure, disruptions to e-mail communications and disruptions or
changes to technology supplied by third parties, transport difficulties, strikes,
government measures, delays in supply, negligence by suppliers and/or
manufacturers, sickness of staff members, and defects in aid or means of
transport are explicitly considered as force majeure.
3. In the case of force majeure, Celestial Footwear webshop reserves the right to
suspend the agreement wholly or partially, or to demand that the content of
the agreement be modified so that the realization of the agreement remains
feasible. Under no circumstances will Celestial Footwear webshop be obliged
to pay any penalty or compensation for damage.
Article 10. Retention of title an risk
1. All goods delivered by Celestial Footwear webshop under the terms of the
agreement remain its property until the customer complies fully with all the
obligations contained in the agreement(s) made with Celestial Footwear
webshop.
2. The risk of loss, damage or value depreciation is transferred to the customer
at the moment the purchased goods are under the customer’s control.
Article 11. Governing law/competent court
1. All agreements are governed by Dutch law.
2. The competent court in the district of The Hague takes cognizance of
disputes arising from an agreement between Celestial Footwear webshop and
the customer which cannot be resolved by mutual agreement, unless
Celestial Footwear webshop prefers to submit the difference to the
competent court of the residence of the customer, with the exception of those
disputes that fall under the jurisdiction of a magistrate.