Terms and conditions of sale
These terms and conditions of sale together with the order form completed by the Customer, and any other terms posted on the Web Site (as defined hereafter) are jointly referred to as this “Agreement”. The Agreement governs orders placed on the www.quiksilver.nl website (the “Web Site”) and is hereby entered into between:
1. PUKALANI B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid), incorporated under the laws of the Netherlands, having its corporate seat at 1013 BE Amsterdam, the Netherlands, Archangelkade 30b, VAT NL 8075 19 819 B01, represented by Mr. Nicolas Foulet (hereinafter “Quiksilver “, “We”, “Us”, “Our” or the “Vendor”); and
2. Any natural person who places an order via the Web Site for goods which the Vendor offers for sale on the Web Site (hereinafter the “Order(s)”), on a strictly personal basis and not for commercial, charitable or trade purposes, nor for the purposes of resale or transfer whether free of charge or in return for consideration (hereinafter the “User”, “You”, “Your” or the “Customer(s)”).
The Vendor and the Customer shall be referred to individually as a “Party” and collectively as the “Parties” for the purposes of this Agreement.
By placing an Order, the Customer agrees that its relationship with the Vendor concerning the preparation, conclusion and performance of any Order shall be governed by this Agreement, which is a single, indivisible contractual whole governing the relationship between the Parties, to the exclusion of any previous version of contractual terms available on the Web Site and any terms and conditions of the Customer.
ARTICLE 1. Purpose, Applicable Law and Territory
This Agreement sets out the terms and conditions governing the sale of goods offered by the Vendor on the Web Site, between the Vendor and the Customer. This Agreement governs the conditions under which Orders are placed, paid for, tracked and delivered, and where applicable, the warranties which may be applicable to Orders and the Customer’s right to change their mind after placing an Order, in compliance with the terms of this Agreement and the law governing this Agreement.
The Vendor shall be entitled to alter the Agreement at any time. The Agreement governs the relationship between the Parties in respect of an Order shall regard the version of the relevant applicable terms and conditions which was online at the time the Customer placed the Order and which was expressly accepted by the Customer upon placing the Order, those terms and conditions of sale constituting this Agreement as defined in the Preamble.
1.2. Applicable law, settlement of disputes and language of this Agreement
The Web Site, this Agreement and any Orders which are placed through the Web Site, as well as the performance thereof, shall be governed by Dutch law. Any dispute arising in connection with the interpretation or performance of this Agreement shall governed by the jurisdiction of the Dutch courts.
Any Order placed on the Web Site may only be validly concluded between the Vendor and a Customer providing a delivery address in the Netherlands, to which the Order must be delivered.
2.1. Placing an Order
During the order process, the Vendor will ask the Customer to confirm that the Order is correct before the Customer proceeds to the checkout. If the Order is not correct, the Customer can revisit the Order and correct the mistake before submitting the Order to the Vendor. It is the Customer’s responsibility to ensure that the Order is correct.
By placing an Order on the Web Site, the Customer confirms that:
- (a) the Customer is not purchasing the goods for a commercial purpose as a trader;
- (b) the Customer has a delivery address in the Netherlands;
- (c) the Customer is at least 18 years old; and
- (d) the information provided by the Customer during the ordering procedure (including without limitation, title, first name, surname, phone number, email address, delivery and invoicing address) is accurate and complete.
2.2. The Customer’s acceptance of this Agreement
The Customer must read and expressly accept this Agreement prior to placing any Order on the Web Site. Customers may save or print out this Agreement which applies to their Order. When Customers are ready to finalise an Order, they may print out a summary statement of such Order.
2.3. The Vendor’s acceptance of the Order
The Vendor shall only fulfil Orders received via the Web Site from Customers providing a delivery address in the territory listed in article 1.3 above.
Once the Vendor receives an Order placed by the Customer, the Vendor shall (subject to the goods being available) send a detailed order acknowledgement message to the Customer stating the total amount being billed to the Customer including all taxes, as well as the amount of VAT which is being charged and the delivery terms applicable to the Order (the “Acknowledgement”). Subject to article 4.2.1, this Acknowledgement shall express the Vendor’s acceptance of the Order placed by the Customer.
Any goods and their prices shall only apply to Orders placed by Customers as long as they are visible on the Web Site during the placing of an Order by a Customer.
The Vendor shall promptly notify the Customer by e-mail, should any goods that are the subject of an Order turn out to be unavailable once an Order has been placed by the Customer. In such case, the amount to be billed for the Customer’s Order shall be recalculated and the Customer shall be reimbursed for the amount of the unavailable goods. Should all the goods ordered by the Customer be unavailable, the Customer shall be notified by e-mail that the Vendor cannot accept the Order and shall be reimbursed for the total amount of the Order. The Vendor’s non- acceptance of the Customer’s Order shall not give any right to compensation for the Customer based on the unavailability of the expected goods. The Customer shall be free to place a new Order on the Web Site for other available goods. Temporary or permanent unavailability of any good shall not give the Customer right to any form of compensation.
ARTICLE 3.Description of the goods and applicable prices
3.1. Description of the goods
The Customer may, prior to placing an Order, peruse the essential characteristics of the goods which they intend to order on the Web Site. However, the Customer acknowledges that the images of the goods are for illustrative purposes only. Although the Vendor has made every effort to display the colors accurately, the Vendor cannot guarantee that the Customer’s computer’s display of the colors accurately reflects the actual color of the goods.
3.2. Applicable prices
By placing an Order, the Customer accepts the prices and descriptions of the goods which are offered for sale on the Web Site. Due to the large volume of goods on the Web Site, it may be that some of the prices shown for certain goods are incorrect. If this is the case, the Vendor will notify the Customer of any discrepancy prior to sending the Acknowledgement. Where the correct price is lower than the price stated on the Web Site, the Customer will be charged the lower amount. If the correct price is higher than the price stated on the Web Site, the Vendor will contact the Customer to check if the Customer would like to go ahead with the Order.
The prices which are quoted next to each item offered for sale shall be shown in Euros (€) and include Value Added Tax (VAT), but exclude shipping and delivery costs. The prices of the goods that are the subject of an Order shall include Value Added Tax (VAT) at the rate applicable on the date that the Order is placed in the territory where the Order is delivered.
The Vendor shall be entitled to modify the sale prices of its goods at any time. Should one or more taxes or compulsory levies be imposed or modified from time to time, whether upwards or downwards, such changes may be passed on as part of the sale price of the goods on offer on the Web Site.
However, the Vendor shall only charge the Customer the prices and taxes indicated to the Customer set out in the Acknowledgement. Moreover, the Customer shall be informed of the costs of shipping and delivering their Orders upon checking their shopping baskets and prior to placing their Orders.
Any special offers, promotional deals and money-off vouchers (hereinafter the “Discounts”) shall only be valid during the period of validity and subject to the conditions of each offer. Discounts may not under any circumstance be converted into a sum of money which is reimbursable or payable to the Customer.
Discounts may only be used by the Customer to whom they are granted and shall not be transferable to third parties. They shall be subtracted from the value of the Customer’s Order including VAT but excluding the costs of shipping and delivering the Order. Unless otherwise mentioned in a specific Discount offer, the Customer shall be barred from using several Discounts cumulatively when placing an Order.
Where the Customer mentions their possession of several Discounts on the Web Site concurrently, the Customer shall only be able to use the Discount of the largest amount for the same Order.
3.4. Purchase vouchers
Any purchase vouchers which are acquired by a Customer in the course of prior purchases of goods from the Vendor (hereinafter the “Purchase Vouchers”) may only be used by that Customer and shall not be transferable to third parties. They shall only be valid subject to the terms and conditions which are laid down by the Vendor and disclosed to the Customer, such as those concerning their period of validity, and may only be redeemed against goods. Unless otherwise provided for by a given Purchase Voucher, Purchase Vouchers may not be used cumulatively with other Purchase Vouchers or with a Discount. Purchase Vouchers may not under any circumstance be converted into their cash equivalent and will not be paid or reimbursed to the Customer.
The value of a Purchase Voucher must be used and consumed in full as part of a single Order and may not be divided between several Orders.
Should the value of a Purchase Voucher be lower than the value of the goods the Customer wishes to order including VAT but excluding shipping and delivery costs, the Customer shall have to pay the difference between the two amounts involved as well as the shipping and delivery costs of the goods ordered.
Should the value of a Purchase Voucher be greater than the value of the goods the Customer wishes to order including VAT but excluding shipping and delivery costs, the Order shall not be accepted and the Customer shall be given the option to continue shopping by selecting additional items.
Should the value of a Purchase Voucher be equal to the value of the goods the Customer wishes to order including VAT but excluding shipping and delivery costs, the Customer’s Order shall be accepted and the Customer shall only have to pay the shipping and delivery costs of the goods ordered.
If for any particular reason an Order is not accepted by the electronic payment validation server, the Customer shall be barred from using the Purchase Voucher during a period of seventy two hours (72h). Once this period has lapsed, the Purchase Voucher shall be reactivated and may be used by the Customer to place a new Order.
ARTICLE 4.Terms of payment
4.1. Payment currency
The currency used to pay for Orders shall be Euro (€).
4.2. Terms of payment
The Customer must pay for goods when it places the Order. The Customer may pay for their Orders online using any of the following cards: Carte Bleue, Visa and Mastercard, and by providing their card number and expiration date, as well as the three last digits of the number shown on the back of their card.
An immediate reimbursement on the Customer’s bank account in case of unavailability of a good shall not give any right to compensation to the Customer.
4.2.1 Data processed by the Vendor
When paying for an Order, the Customer provides the Vendor with an implied warranty that the Customer has the requisite authorisation to use the payment method the Customer elected upon placing his/her Order. Any Acknowledgement issued by the Vendor shall be subject to approval of the Customer’s payment by the relevant electronic payment validation server. Should the Customer’s bank reject the payment, the Order shall not be accepted and there shall be no obligation on the Vendor to dispatch the goods. As part of the measures taken to prevent fraud over the Internet, the Vendor shall be entitled to transmit information concerning the Order and the Customer’s payment method to a third party for verification purposes.
The Vendor shall check any Orders which have been validated on the Web Site in conjunction with the bank in charge of handling the electronic payments. Thus the Vendor may verify any Order whose delivery address is different from the Customer’s billing address. In doing so, the Vendor may ask the Customer to provide further information and documents required for the Order to proceed: evidence of the fact that the Customer and/or the person whose name was provided does indeed reside at the delivery address, the Customer’s bank details, etc. These requests shall be forwarded to the Customer either by e-mail or over the telephone.
The bank account linked to the payment method used by the Customer shall be debited as from the finalisation of the Order by the Customer on the Web Site. The Vendor shall be entitled to suspend or cancel any Order and/or any delivery, whatever the nature or state of progress thereof, if any monies due by the Customer are not paid in full or if there are any other problems with the Customer’s payment ("Incident"). If there has been a Customer Incident on a previous Order, any subsequent Orders placed by the Customer may be refused and any pending deliveries for the Customer may be suspended. The Vendor shall notify the Customer accordingly. Once the Order affected by an Incident has been settled by the Customer, or when the Incident has been resolved to allow the payment and finalization of the Order, the personal data relating to this Incident recorded by the Vendor will be erased. In case of an unresolved Incident, the personal data relating to this Incident will be retained for a period of two (2) years from the date of occurrence of the Incident. When the personal data relating to an Incident is erased by the Vendor, either because of the resolution of the Incident, or at the end of the two (2) year period, the Customer concerned by the Incident may place new Orders.
4.2.2 Data processed by the bank handling the payments
For the purpose of ensuring the security, integrity and confidentiality of all payments made via the Web Site, the details of the Customer’s bank cards shall be encrypted using the SSL (Secure Socket Layer) protocol while they transit over the Internet.
The data regarding the means of payment of the Customer set out in the Order shall be handled securely by the Vendor's payment provider ADYEN and CIC, a French bank, under its sole responsibility, in order to process and authorize payment for the Order and analyse the banking transaction as part of the measures taken to combat credit card fraud.
The period during which ADYEN may retain information relating to the means of payment for Orders is fifteen (15) months maximum from the last payment made, or from the end of the contractual relationship and, in any case, within the limit of the validity date of the payment method concerned.
Should any payment incident occur in connection with a fraudulent use of a bank card, the data set out on the corresponding Order shall be recorded in a payment incident file kept by ADYEN (and Paypal when applicable). Any wrong or inaccurate declaration as well as any anomaly may also be dealt with specifically by the bank.
ARTICLE 5. Delivery
For security reasons, and in a bid to prevent bank card fraud, the billing address and delivery address of any given Order must be located within the same territory, which must also be the territory listed in article 1.3 above.
The goods ordered shall be delivered by the transport operator to the delivery address set out in the Acknowledgement. The estimated delivery date shall be set out in the Acknowledgement depending on the delivery option chosen by the Customer (Standard, Express or collect point) and the territory to which the Order is being delivered.
5.1. Delivery terms
The Vendor shall entrust the following transport operator with the task of transporting the goods:
Any Orders which are placed on a Friday, Saturday, Sunday or a public holiday in the Netherlands shall be processed as of the following Monday or as of the next working day. The delivery timescales are expressed in working days and shall vary depending on the destination of the goods. Without prejudice to the provisions herein before and for information only, the estimated delivery times generally noted for the various forms of delivery are as follows:
- four (4) working days for “Express” deliveries bound for addresses in the Netherlands as from the confirmation of the Customer’s Order by the Vendor. In order to benefit from Express delivery, the Order must be placed by the Customer and confirmed by the Vendor before midday.
- five (5) working days in the case of “Standard” deliveries bound for addresses in the Netherlands as from the confirmation of the Customer’s Order by the Vendor.
- seven (7) working days in the case of “Collect point” deliveries bound for addresses in the Netherlands as from the confirmation of the Customer’s Order by the Vendor.
During the sales/promotion period, the delivery times may be longer than those usually noted. If the Customer orders more than one good, the Order may be split up and different packages may be be delivered on different dates.
The Vendor's failure to meet delivery times/dates does not give the Customer any right to compensation.
5.2. Delivery tracking upon issuing an Acknowledgement, an order tracking number shall be provided to the Customer to enable the latter to track the progress of the delivery of their Order. The Customer may either:
- Click on a hypertext link featuring the Order confirmation, or
- Type the order tracking number of their Order in the parcel tracking area of carrier’s web site.
5.3. Presentation of the package to the Customer
Upon the “Express” delivery, the goods ordered shall be delivered to the Customer’s delivery address, wherever the location, such as its floor, provided that the delivery person is provided with the entry codes or access which the Customer requires to deliver the goods.
Upon the “Express” delivery of the package, a delivery note shall be presented to the Customer who shall be asked to sign it. Should it prove impossible to deliver the package to the Customer for any reason whatsoever (e.g. the Customer’s absence, incorrect delivery address, address cannot be found, etc.), the delivery person shall transmit a non-delivery code to the Vendor and shall leave a note to the Customer stating that the Customer attempted to deliver the package and indicating the process for finalizing the delivery. If the Customer doesn’t collect their package by presenting their ID card within ten (10) days after the note to the Customer, the package will be returned to the Vendor.
Upon the “Standard” delivery, the package shall be presented to the Customer who shall not be asked to sign it. Should it prove impossible to deliver the package to the Customer (e.g. the Customer’s absence, incorrect delivery address, address cannot be found, etc.), the delivery person shall transmit a non-delivery code to the Vendor and shall leave a note to the Customer stating that the Customer attempted to deliver the parcel and indicating the process for finalizing the delivery. If the Customer doesn’t collect their package by presenting their ID card within ten (10) days after the note to the Customer, the package will be returned to the Vendor. The Vendor's customer service desk will contact the Customer to establish whether the Customer prefers to make a re-delivery or get reimbursed.
The goods will be the Customer’s responsibility from the completion of delivery.
ARTICLE 6. Warranties
6.1. The Customer’s right to change their mind
The Customer may from the date on which the Customer places an Order cancel that Order in respect one or more of the goods that are the subject of that Order and request reimbursement for the same subject to the provisions set out below.
If the Customer wishes to cancel an Order in respect of certain good(s), the Customer has thirty (30) days from delivery of to do it, without having to provide a reason.
The cancellation period expires thirty (30) days after the day on which the Customer, or a third party other than the carrier and designated by him, physically took possession of the goods.
In order to cancel their Order, the Customer returns the ordered products by following the instructions indicated on the return label which is in the delivered packaging, and detailed hereinafter. In the case the Customer loses the return label, the Customer shall contact the customer service by using the pre-filed form: Contact us through the website www.quiksilver.nl/ section customer service or by writing to firstname.lastname@example.org
“1. After having verified that the return conditions are respected, the Customer shall carefully pack the returned Products in the package of their choice and ensure that the package is securely closed with an adhesive tape.
2. The return label contained in the delivered package shall be attached to the package containing the returned goods.
In the case the returned goods come from different orders, the Customer shall attach to the return-package all the different return labels initially provided in the delivered packages.
3. The products returned by the Customer to the Vendor shall be addressed to:
Service Retour OUDEDIJK 1 - KAAI 1548
9130 KALLO BELGIUM
The Customer is free to use the transporter of their choice.
The transport costs of the return package to the Vendor stay at the Customer’s charge.
The Vendor shall reimburse the Customer by the same means of payment that the Customer used for the initial transaction, unless expressly agreed otherwise. In any event, the Customer will not incur any fees as a result of the reimbursement.
The Vendor will reimburse the Customer within two (2) to three (3) days (variable delay according to the different banks) after the Vendor has received the returned goods or the Customer has supplied evidence of having returned the goods, whichever of the two is the earliest.
The Customer’s cancellation of their Order shall only be taken into consideration provided that the goods for which the Customer is requesting reimbursement from the Vendor have been returned to the Vendor within the above mentioned period of thirty (30) days.
The Vendor may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by the Customer.
6.2 Return to the store of online Orders
The Customer has thirty (30) days from the date of delivery / pick up of the products purchased on the Web Site, to return the products ordered under the following conditions:
The Customer's request will be taken into account only if:
- the product, whose exchange or refund is requested by the Customer, is returned to a Vendor’s store located in the country of the delivery of the Order and that is participating in the "QUIKSILVER Exchange" network within the aforementioned period;
- the product has not been subject to any customization at the Customer's request;
- the product returned is not damaged or unfit for resale;
- the product returned is accompanied, at the time of the return, by the proof of purchase.
If the aforementioned conditions are fulfilled, the exchange or refund will be made by the Vendor as follows.
The value of the purchase of the products returned at the cashier will be, at the Customer's choice:
- Directly charged to the Customer's new purchase, at the same time, of a Quiksilver, Roxy or DC Shoes product. If the value of the product returned is greater than the value of the new product purchased, the difference may result in a refund on the credit card used for the initial transaction.
- the subject of a voucher for the value of the product returned (see Article 3.4).
- the subject of a full refund on the credit card used for the initial transaction.
6.3 Legal warranty for non-conformity of the Products
Pursuant to Article 7:17 Dutch Civil Code the delivered goods must conform to this Agreement. Invoking a guarantee in this Agreement by the Customer, does not affect any statutory rights or claims the Customer may have.
6.4 Commercial warranty
When any goods are covered by a specific warranty, the deadline and terms of the warranty are set out in the description of the goods involved.
Within the framework of a particular warranty, the Customer wishing to obtain the replacement of the product must first contact the customer service in order to obtain the instructions to be respected as regards the restitution of the product, and this by using the pre-filled form: Contact Us (via the website www.quiksilver.nl section customer service).
6.5 Damaged, non-conformity, defective goods or goods with hidden defects
In the event of an apparent defect affecting the product, such as a product visually damaged by a manufacturing defect or a Vendor error, the Customer can obtain the exchange or the refund of the product, under the conditions foreseen in the article [6.2] "Return to the store of online orders" (with the exception, however, of the condition relating to the fact that the product returned has not been deliberately damaged or made unfit for resale).
After thirty (30) days, the Customer wishing to return a product because of its defects, Vendor error, non-conformity or hidden defect, shall contact the customer service to obtain the instructions by following the pre-filled form: Contact Us (via the website www.quiksilver.nl section customer service).
The Customer who informs customer service of its claim of the existence of a hidden defect, a non-conformity or a defect affecting the product purchased to enforce a legal warranty, will be offered to return the product concerned. The transport costs incurred for this refund will be refunded to the Customer once the Customer has contacted the customer service, via the pre-filled form, to know and follow the procedure to be followed and that the shipment of the product concerned will be carried out under standards delivery conditions.
ARTICLE 7. Liability
If the Vendor fails to comply with this Agreement, the Vendor will be responsible for any loss or damage the Customer suffers that is a foreseeable result of the Vendor’s breach of the Agreement, willful intent or gross negligence. The Vendor shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the Vendor’s breach or if they were contemplated by the Parties at the time of placing the Order.
The Vendor only supplies goods for domestic and private use. Accordingly, the Vendor has no liability to the Customer for any loss of profit, business, business opportunity or business interruption.
The Vendor is not liable or responsible for any damage incurred by Customer due to the Vendor's failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by any act or event outside of its reasonable control.
If any act or event outside of the Vendor’s reasonable control takes place that affects the performance of the Vendor’s obligations under this Agreement: a) the Vendor will contact the Customer as soon as reasonably possible to notify; and b) the Vendor’s obligations under the Agreement will be suspended and the time for performance will be extended for the duration of the event outside its reasonable control. In such circumstances, the Vendor shall arrange a new delivery date when the event outside its reasonable control is over.
The Customer may cancel any Order affected by an event outside the reasonable control of the Vendor which has continued for more than thirty (30) days and receive a full refund of all sums paid to the Vendor in respect of any goods that are the subject of that Order that have not been delivered.
ARTICLE 8. Electronic Signature, Proof and Electronic Storage
The Customer’s online disclosure of their bank card number and final confirmation of the Order shall constitute evidence of the integrity of the Order and shall give rise to the Customer being liable to pay the entire value of the Order.
The Vendor shall for as long as reasonably necessary store all Order Forms, Acknowledgements and invoices on a reliable and durable medium so as to retain an integral and durable copy thereof.
In the event that the Customer becomes aware of fraudulent use of their bank card by a third party, the Customer should notify the Vendor as soon as possible by sending an e-mail to customer service, stating the number of the bank card involved and the date of the Order, and providing evidence of their identity. The provision of this information shall not give rise to any right to compensation of the Customer nor to any duty upon the Vendor to reimburse the Customer. Where applicable, the Customer may request compensation or reimbursement from the bank which issued their bank card in keeping with the provisions of the applicable laws and with the terms of the contract between the Customer and the bank.
ARTICLE 9. Data Protection
ARTICLE 10. General
10.1 The Customer may only transfer its rights or obligations under this Agreement to another person if the Vendor agrees to such transfer in writing. The Vendor may transfer its rights and obligations under this Agreement at any time, to which transfer the Customer hereby in advance grants its consent.
10.2 This Agreement is between the Vendor and the Customer. No other person shall have any rights to enforce any of its terms.
10.3 Each of the articles in this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.4 If the Vendor fails to insist upon the strict performance of any of the Customer’s obligations under the Agreement, or the Vendor does not enforce its rights against the Customer, or if the Vendor delays in doing so, that will not mean that the Vendor has waived its rights against the Customer, and will not mean that the Customer does not have to comply with those obligations. If a Vendor does waive its rights under this Agreement, it shall only do so explicitly and in writing. Any waiver by the Vendor in respect of a Customer default shall not constitute a waiver of any subsequent default.
ARTICLE 11. Contact us
Write to us: You can send us an email by clicking here: Contact Us or on the following email address email@example.com.
Call us: use the free phone customer service number: +31 85 8881 948 Opening Hours: Monday to Thursday 9am – 1pm / 2pm – 5pm*
Friday 9am – 12.30pm*
Last Update: 07.2018
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Maandag tot Donderdag: 09.00 – 12.30 uur* / 13.30 - 18.00 uur*
Vrijdag : 9.00 - 12.30 / 14.00 – 16.15 uur*
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