Terms & conditions
General Terms & conditions Sock & Sock
On this page you will find our terms and conditions, if something is not clear, you can always contact our customer service!
Article 1 – Definitions
- Sock & Sock, established in Mierlo, Chamber of Commerce no. 75753243.
- Customer: the person with whom Sock & Sock has entered into an agreement.
- Parties: Sock & Sock and customer together.
- Consumer: a customer who is an individual acting for private purposes.
Article 2 – Applicability
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Sock & Sock.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Article 3 – Prices
- All prices used by Sock & Sock are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- Sock & Sock is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which Sock & Sock could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Article 4 – Samples / models
If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Article 5 – Consequences of late payment
- If the customer does not pay within the agreed term, Sock & Sock is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
- When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Sock & Sock.
- The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
- If the customer does not pay on time, Sock & Sock may suspend its obligations until the customer has met his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Sock & Sock on the customer are immediately due and payable.
- If the customer refuses to cooperate with the performance of the agreement by Sock & Sock, he is still obliged to pay the agreed price to Sock & Sock.
Article 6 – Right of recovery of goods
- As soon as the customer is in default, Sock & Sock is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- Sock & Sock invokes the right of recovery by means of a written or electronic announcement.
As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Sock & Sock, unless the parties agree to make other arrangements about this.
The costs for the collection or return of the products are at the expense of the customer.
Article 7 – Right of cancellation
- A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
- the product has not been used
- it is not a product that can spoil quickly, like food or flowers
- the product is not specially tailored for the consumer or adapted to its special needs
- it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
- the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
- the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,
- the product is not a separate magazine or a loose newspaper
- the purchase does not concern an (assignment to) urgent repair
- the consumer has not renounced his right of cancellation
- The reflection period of 14 days as referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has received the first the product of a subscription
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed the purchase of digital content via the internet
- The consumer can notify his right of cancellation via email@example.com, if desired by using the withdrawal form that can be downloaded via the website of Sock & Sock, https://socksock.com.
- The consumer is obliged to return the product to Sock & Sock within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
- The costs for return are due Sock & Sock if the complete order is returned.
- If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Sock & Sock will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Sock & Sock in time.
Article 8 – Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Article 9 – Right of retention
- Sock & Sock can appeal to his right of retention of title and in that case retain the products sold by Sock & Sock to the customer until the customer has paid all outstanding invoices with regard to Sock & Sock, unless the customer has provided sufficient security for these payments.
- The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Sock & Sock.
- Sock & Sock is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Article 10 – Settlement
The customer waives his right to settle any debt to Sock & Sock with any claim on Sock & Sock.
Article 10 – Retention of title
- Sock & Sock remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Sock & Sock under whatever agreement with Sock & Sock including of claims regarding the shortcomings in the performance.
- Until then, Sock & Sock can invoke its retention of title and take back the goods.
- Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Sock & Sock invokes its retention of title, the agreement will be dissolved and Sock & Sock has the right to claim compensation, lost profits and interest.
Article 11 – Delivery
- Delivery takes place while stocks last.
- Delivery takes place at Sock & Sock unless the parties have agreed upon otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed price is not paid on time, Sock & Sock has the right to suspend its obligations until the agreed price is fully paid.
- In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by Sock & Sock.
Article 11 – Delivery period
- Any delivery period specified by Sock & Sock is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
- The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Sock & Sock.
- Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Sock & Sock cannot deliver within [number of days late] or if the parties have agreed upon otherwise.
Article 12 – Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Article 13 – Transport costs
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Article 14 – Packaging and shipping
- If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Sock & Sock may not be held liable for any damage.
- If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Sock & Sock, failing which Sock & Sock cannot be held liable for any damage.
Article 15 – Insurance
- If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
- Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.
- The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
The customer indemnifies Sock & Sock against all third-party claims that are related to the products and/or services
supplied by Sock & Sock.