TERMS AND CONDITIONS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE
Custom Made Boots and Shoes ® is a registered trademark belonging to JJ Footwear BV
Subject to these Terms of Use, JJ Footwear BV with its registered office in Waalwijk at Professor van ’t Hoffweg 14a, Waalwijk, The Netherlands, entered into the Register of Entrepreneurs under the Dutch Chamber of Commerce No. 57927197, Tax ID (EORI) number 852795592, (referred to herein as "CM," "we," "us" and "our") provides you with access to our web sites, including without limitation https://www.cmbootsandshoes.com (each referred to herein as the "Web Site" and collectively referred to as the "Web Sites").
CM reserves the right to take any such action as it deems necessary in the event that it suspects any fraudulent or unlawful activity, including without limitation, terminating access to the Web Site, terminating any accounts and/or cancelling any order for products.
1. Acceptance of Terms of Use
BY ACCESSING, USING AND/OR PURCHASING PRODUCTS, SUBSCRIBING TO NEWSLETTERS OR POSTING REVIEWS ON THIS WEB SITE, YOU ARE AGREEING TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE, PLEASE EXIT AND DO NOT ACCESS, USE OR PURCHASE PRODUCTS ON THIS WEB SITE.
These Terms of Use are available at a link at the bottom of each page on the Web Site. You may review or print out the Terms of Use at any time free of charge. We reserve the right to change these Terms of Use in particular in the following cases:
o there has been a change of provisions of law regarding the sale of goods or performing services by electronic means and the change influences the rights and obligations resulting from our contract or the interpretation of these provisions have changed due to the issuance of the courts’ verdicts or other relevant authorities' decisions;
o the method of performing services by us has changed due to technical or technological requirements;
o the scope or method of performing services by us has changed due to implementation, modification or withdrawal of particular functionalities or services provided by this Terms of Use.
In case of the change of these Terms of Use its consolidated text will be each time made available on the Web Site. Please check these Terms of Use before using the Web Site to determine whether a change has been made in comparison to the text applicable during your last visit. Your continuing access to or use of the Web Site confirms your unconditional acceptance of the then-current Terms of Use in their entirety. If you do not agree to the changes in the Terms of Use as they occur, you should exit and not use the Web Site.
All register users will be notified about any amendments to the using the electronic means (on the email address that you provided when creating an account or making an order). The notification will be sent at least 30 days before the amendments come into force. .
2. Use of Web Site
In order to browse and use the Web Site you should possess a device having access to the Internet with a web browser installed. In order to use the Web Site and buy the products available on the Web Site you should also have an active email account.
You may browse and use the Web Site solely for your personal, non-commercial purposes and in compliance with these Terms of Use. You may not distribute, modify, transmit, publish, reuse, repost or use the Web Site or any content made available on the Web Site: (i) for public or commercial purposes without the express written permission of CM; (ii) in a manner inconsistent with these Terms of Use; (iii) in violation of any applicable law, rule, regulation or order; or (iv) in a manner that could damage, disable, overburden or impair the Web Site or interfere with any other party's use or enjoyment of the Web Site, misrepresenting or damaging to our brand.
You will not use the Web Site for junk mail, 'spamming' solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included on such a list.
You will not transmit, distribute, introduce or otherwise make available in any manner through the Web Site any computer virus, key loggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses").. You may not use the Web Site in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Web Site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Web Site. If you download software or any other content from the Web Site, you do so at your own risk.
3. Copyright and Trademarks
The Web Site and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Web Site (the "Content") are the property of, or used with permission by, CM and/or JJ Footwear B.V. and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Web Site or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Web Site are registered and unregistered trademarks, trade names and service marks owned by JJ Footwear BV and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Web Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by CM. Nothing contained on the Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Web Site without CM's written permission or the written permission of such third-party owner.
4. User Communications
You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share with CM on the Web Site or by electronic mail, including without limitation any data, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively "User Communications"). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. CM does not endorse or sponsor any such User Communications submitted by you or other users of the Web Site. We reserve the right to terminate and/or deny you access to the Web Site if you are violating these Terms of Use, or applicable law, rule, regulation or order or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third party.
Subject to the terms and conditions set forth in our Privacy Policy (linked at the bottom of each page in the Web Site), all User Communications will be treated as non-confidential and non-proprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution. You hereby grant to KRM and our affiliates and/or designees, a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to the User Communications to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivate works based upon such User Communications in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation or attribution. You declare and warrant to us that you are entitled to transmit or post User Communications to the Web Site and have all relevant licenses and consents from any relevant third parties. Further, CM and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Communication you send to the Web Site for any purpose whatsoever including without limitation developing, manufacturing and marketing products.
You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, infringing, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. CM will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
We will, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify CM of any objectionable User Communications. All and any User Communication will be removed from the Web Site as soon as we learn about its unlawful character.
5. Personal Information/Privacy Policy
We value your privacy and are committed to safeguarding your personal information. Please refer to our Privacy Policy (linked at the bottom of each page in the Web Site) for details about what information we collect on this Web Site and how we process, store and share such information.
6. Termination/Suspension
We may suspend or terminate your use of the Web Site at any time, for important reasons such as the site being hacked, discovery of technical issues which could be a potential issue to our customers. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice.
7. Purchasing Products and Returns
o 7.1.Products
o The products we sell online are displayed on this Website and include but are not limited to footwear, bags and shoe care products.
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o 7.2.Purchasing
o By placing an order and clicking the button “Place order and pay” you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation thereof as there may be rare occasions where for example two orders are placed for the exact same product and only one is available to send.
We try to dispatch and deliver to you the ordered goods as soon as possible. Dispatch times may, however, vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure. We deliver free of charge.
In order to contract with us you must be over 18 years of age and possess a valid credit or debit card specified in point 7.5. of these Terms of Use. If your order is accepted, we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit card, debit card or other payment method used to place your order and that there are sufficient funds to cover the cost of the goods..
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o 7.3.Our Contract
o When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement that we have received your offering to purchase a product and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your order is ready to be shipped at which time we send you an order confirmation as well as the invoice and shipment information. Hence, the contract is concluded at the moment when we send you an order confirmation. We will not charge your card with any amount before shipping your products, however an amount may be reserved on your card in order to ensure sufficient funds to cover the payment.
You accept that all communication regarding the order including order confirmation, invoice, shipping information, confirmation of the contract conclusion etc. is done via e-mail.
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o 7.4.Pricing and Availability
o All prices of the products available on the Web Site are provided in local currency and include VAT (they are gross amounts).
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o 7.5.Payment
o The data of the payment method that you wish to use for payment should be provided to us when placing an order on the Web Site. Upon receiving your order we carry out a standard pre-authorisation for credit or debit cards and for bank transfer we do a control check. We do this to ensure there are sufficient funds to fulfil the transaction. Products will not be dispatched until this pre-authorisation check and control have been completed. Your card will be debited once the order has been accepted and we are shipping your products. For bank transfer your account will be debited as soon as the order has been placed.
We accept the following cards: Visa, Visa Electron, Mastercard credit and Mastercard debit.
When paying with credit or debit card, the full amount is reserved on your account by us and payment is debited from your card only at the time of dispatch of your products.
§ Your connection is always secure with us and encrypted with 256 bit cipher.
§ CM Online Shop is using 3D Secure Visa and Mastercard.
§ For security reasons, we do not store any payment information in our database.
All fees and charges related to the above payment methods are covered by CM Online Shop.
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o 7.6.Discount Codes
o We may from time to time offer promotional discount codes, which may apply in respect of any, or certain specified, purchases made though this Website.
The conditions of potential use relating to any discount code will be specified at the time of issue.
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o 7.7.Delivery
o All products purchased from the Web Site are delivered pursuant to a shipment agreement. Service provider is DPD and/or Fedex. Accordingly, the risk of loss and title to such purchased products passes to you upon delivery to you at the designated address. Delivery will be made within 2-3 business days after your order has been received. The time required for the ordered goods to be delivered to you includes the time necessary to prepare the ordered goods for shipment and the time of delivery of the goods by DPD/Fedex.
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o 7.8.Descriptions
o We attempt to describe our products as accurately as possible. However, errors do occur. If a product purchased on the Web Site does not conform to the product description, your sole and exclusive remedy is to return the unused product.
o 7.9.Cancellations and returns
o You may cancel an order up until the time of dispatch by contacting our Customer Care at number +31-416-272223. If we have taken payment the full amount will be refunded to you via the original method of payment.
When you shop with us, we want you to be completely satisfied. If you are not satisfied with a purchase made at the Web Site, you may withdraw from the contract concluded with us and return the ordered goods for a refund of the purchase price. We can only accept returns purchased through this Web Site. All purchases made through another sales point must be returned to the original place of purchase.
Just return your unused and unworn item to us within 14 days upon receipt of the item at:
Custom Made Boots and Shoes
p/a JJ Footwear BV
Professor van ’t Hoffweg 14a
5144NS Waalwijk
The Netherlands
The deadline of 30 days is counted from the date when the ordered goods have been delivered to you.
Your statement on the withdrawal from our contract may be sent to us in any form and by any mean of correspondence. You may also use the specimen return form attached to this Terms of Use. You should also return the goods acquired by the withdrawn contract within 14 days counted from the date of the withdrawal.
We will reimburse the purchase price of the goods being subject to the withdrawn contract not later than within 14 days counted from the date when we obtain your statement on withdrawal. Please note, however, that we may suspend the reimbursement until we receive the returned goods.
In order to speed up the return the reimbursement of the purchase price you may also apply our return procedure:
How (most easily) to return an item
Step 1: Complete the return form by checking the appropriate box with the reason for your return if you wish to inform us why you are returning the products.
Step 2: Place the return form inside the box with the products.
Step 3: Send this form with the products you wish to return.
Step 4: Stick the prepaid return label on your box (Please do not stick the prepaid return label on the original shoebox.)
Step 5: Deliver the package to your closest DPD store. You may find the closest drop off location at: https://www.dpd.com/group/en/services/
Returns may take time
It can take approximately 21 days for us to receive your return to our warehouse. We strongly encourage you to use our prepaid return label included in the parcel and to keep your receipt as proof of postage.
Your refund will be processed in the original form of payment within 2 business days, as soon as we have received your goods in the warehouse. As of July 1, 2021, you will be notified via email when this transaction has taken place.
Your banking institution may require additional days to process and post the “return” transaction to your account once they have received the information from us.
Please note that if you do not use the provided prepaid return label, you are responsible for the goods until they reach our warehouse.
If you do not use the provided prepaid return label in order to return the goods, you are obliged to cover the direct costs of the goods returning. We are responsible for return shipping costs if we have sent wrong or defective goods.
The returned goods should not be used in the manner not necessary to verify their character, features and functionality. You may try on the products, but you should not wear them. If you return a used, worn or washed item that is not approved by our quality control, we cannot send the item back to you.
If you receive a defective/wrong item or a damaged parcel with missing items the easiest way to handle this is if we get photographic evidence of this. Please send a photo to our Customer Care team so we can investigate further - we are then responsible for the return.
Based on your return instructions in the return authorization form, we will issue you a credit to your card. We can only issue credit to the same card used for the purchase. We do not have title to the returned products until the item arrives at our returns department. Alternative returns policies may apply to particular products and product lines.
If you have any questions about our returns process, please contact Customer Care.
8. Linking
This Web Site may contain links to other web sites that are not owned, operated or controlled by CM or its affiliates (each a "Third-Party Site"). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Web Site. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Web Site, you do so entirely at your own risk.
If you intend to create any link from another web site to any page on this Web Site, you will inform us via email at: info@jjfootwear.nl
We reserve the right to prohibit any such link at any time. Any permitted links to the Web Site must comply with all applicable laws, rules, regulations and our internal policies. Running or displaying the Web Site or any Content in frames or similar means on another web site without our prior written permission is prohibited.
9. Product Warranty and claim handling
We are obliged to deliver to you the ordered goods free of any defects.
In case the ordered goods have defects, you have the right to:
• file a declaration on a reduction of the price;
• withdraw from the contract;
• demand exchange of the defective product for a product free from defects;
• demand from the seller to immediately remove the defects.
The right to file a declaration on a reduction of price or withdrawal from the contact does not apply in case when we immediately and with no excessive inconveniences exchange the defective product for one free from defects or immediately remove the defect. This limitation, in turn, does not apply where the product has already been exchanged or repaired by us, or we have not discharged the duty of exchanging the product for one free from defects or removing the defect.
You may request a replacement for a product free from defects rather than removal of the defect proposed by the seller, or request the removal of the defect instead of replacement for a product free from defects proposed by the seller.
If it is impossible to remove the defect and to bring the product to conformity with the contract in a manner chosen by you or it involves excessive costs in comparison with the manner proposed by us, we may replace the defective product for a product free from defects regardless of your request in this respect.
If you have a complaint regarding the products you have received please contact our Customer Care and they will inform you how to proceed and what information we need in order for us to process your complaint.
E-mail:
info@jjfootwear.nl
Telephone: +31 416 272223
We will confirm the receipt of your claim and respond to your request in this respect within 14 days. Otherwise, if you have requested that the product be replaced or the defect be removed or filed a declaration on reduction of the price specifying the amount by which the price is to be reduced, the request should be deemed to be considered justified by us and we would be obliged to comply with the request.
We are responsible for the product defects if they are detected before the lapse of two years counted from the date when the product was delivered to your address. Your claim for the removal of the defect or replacement of the product sold for one free from defects is limited to one year, counting from the date of detecting the defect; however, the above limitation period may not cease to run before the elapse of the two years period counted from the date of delivery of the product. Your right to withdraw from the contract or to reduce the price due to the products’ defects is also limited to one year counted from the date of detecting the defect; however, if you have requested replacement of the product for one free from defects or removal of the defect, the time limit to submit the declaration on withdrawal from the contract or reduction of the price begins to run upon ineffective lapse of the time limit for exchange of the product or removal of the defect.
10. Indemnification
Unless prohibited by applicable law, you agree to indemnify and hold harmless each of KRM, its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from or related to your use of this Web Site OR ANY CONTENT, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR SOLE DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.
11. Governing Law and venue
We provide the services of this Web Site from our offices within Poland. We make no representation that the content on our Web Site is appropriate, legal or available for use in other locations. These Terms of Use shall be governed by and construed in accordance with the laws of Poland, without giving effect to its conflicts of law provisions. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any controversy or claim arising out of or relating to these Terms of Use, your use of the Web Site or your purchase of any products from the Web site shall be settled by the competent courts of Poland.
Notwithstanding any other provision in these Terms of Use, KRM may commence suit in court to enjoin infringement or misappropriation of intellectual property rights or confidential information.
12. Alternative methods of dispute resolution
Using alternative methods of dispute resolution is voluntary. The below provisions have only informative character and do not constitute any obligation neither for you nor for KRM.
If we fail to find a satisfactory solution, you can lodge a complaint with the Polish Consumer Centre if conditions are met. You may also use the European Commission online dispute resolution here to register your complaint. This portal can be relevant when living in another EU-country. When filling in a complaint, please enter our e-mail address legal@krm.ag
As a consumer you also have the right to seek extrajudicial procedures if we do not agree with you regarding your complaint. You then have the right to ask for intervention of a neutral entity such as a mediator, consumer advocate, social organization etc. You can read more about your right on https://www.uokik.gov.pl/sprawy_indywidualne.php
13. Remedies for Breach of these Terms by You
Without limiting any other rights or remedies, in the event that KRM determines, , that you have breached any portion of these Terms of Use, or have otherwise demonstrated inappropriate conduct, CM reserves the right, in particular, to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to the Web Site; (iii) discontinue your access to the Web Site, (iv) notify and/or send content to and/or fully cooperate with law enforcement authorities for further action;.
If your ability to access and/or use the Web Site or any other service provided to you by CM is discontinued by us hereunder, then you agree that you shall not attempt to re-register with or access the Web Site, any other service provided by CM, through use of a different member name or otherwise.
14. Copyright Complaints
We respect the intellectual property of others, and we expect users of the Web Site to do the same. If you believe that your work has been copied and is accessible on our Web Site in a way that constitutes copyright infringement, you may notify us at the following:
JJ Footwear B.V. (Brand holder of CM)
Professor van het Hoffweg 14a
5144NS Waalwijk
The Netherlands
or at email: info@jjfootwear.nl
We recommend that the claims of copyright infringement be in writing and include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on our Web Site where the material that you claim is infringing your copyright interest is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
15. Children
Access to and use of the Web Site is made available only to people who can form legally binding agreements under applicable law. The Web Site is intended for a general audience and is not intended to be used by minor children. Children accessing the Web Site should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Web Site, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Web Site; and (iii) the consequences of any use of the Web Site by such Minor.
16. Miscellaneous
In the event that any provision of these Terms of Use conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then the issue regulated by such invalid provision will be settled in the manner that would take into account your interests., and the remainder of these Terms of Use will remain in full force and effect. Any failure by CM to insist upon or enforce strict performance of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment of CM's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
You represent to CM that you have the authority to access and use the Web Site according to these Terms of Use. These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Web Site) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings.
17. Contact Us
We welcome your comments and questions. Please contact us at:
Custom Made Boots & Shoes ®
p/a JJ Footwear BV
Professor van het Hoffweg 14a
5144NS Waalwijk
The Netherlands
Tel (+31)(0)416-272223
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