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General terms

Table of contents:

Article 1 – Definitions

Article 2 – Identity of Panara B.V.

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and execution

Article 12 – Duration transactions: duration, termination and extension

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with Panara B.V.;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
  7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  8. Distance contract: an agreement in which, within the framework of a system organized by Panara B.V. for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  9. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same room at the same time.

Article 2 – Identity of Panara B.V.

Panara B.V.
Postweg 55D, 3769BV Soesterberg
Phone number: +31-20-627 09 39 / available from Tuesday to Friday from 09:00 to 17:00
Email address: info@panaraonline.com
Chamber of Commerce number: 33195429
VAT identification number: NL008642060B01

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from Panara B.V. and to every distance contract concluded between Panara B.V. and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at Panara B.V. and they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
    The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Panara B.V. uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind Panara B.V.
    In the event of a demonstrable technical error in the software systems and/or demonstrable action error when assigning prizes in the webshop, the offer is not valid and Panara B.V. is entitled to unilaterally dissolve the purchase. Printing and typesetting errors reserved.

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
  2. If the consumer has accepted the offer electronically, Panara B.V. will immediately confirm receipt of the acceptance of the offer electronically.
  3. Panara B.V. will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: the visiting address of the branch of Panara B.V. where the consumer can go with complaints; the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; the information about guarantees and existing after-sales service;

Article 6 – Right of withdrawal

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Panara B.V.
  2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to Panara B.V., in accordance with the reasonable and clear instructions provided by Panara B.V.

Article 7 – Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, at most the costs of return will be borne by him.
  2. If the consumer has paid an amount, Panara B.V. will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 – Exclusion of the right of withdrawal

  1. Panara B.V. can exclude the consumer’s right of withdrawal insofar as provided for in paragraph 2. The exclusion of the right of withdrawal only applies if Panara B.V. has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products that have been created by Panara B.V. in accordance with the consumer’s specifications;

Article 9 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, Panara B.V. may offer products or services whose prices are subject to fluctuations in the financial market and over which Panara B.V. has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if Panara B.V. has stipulated this and:
    a. these are the result of statutory regulations or provisions; or
    b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 10 – Conformity and Warranty

  1. Panara B.V. guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Panara B.V. also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by Panara B.V., manufacturer or importer does not affect the legal rights and claims that the consumer can assert against Panara B.V. on the basis of the agreement.

Article 11 – Delivery and execution

  1. Panara B.V. will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company. Sending shipments to the customer is free of charge. Returns are at the customer’s expense.
  3. All goods are delivered with Postnl. The goods are offered 2 times. After a notification of not being at home after the first attempt, you will receive a non-home code in the mailbox. This allows you to indicate a new delivery time or delivery address on the internet.
  4. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 4 working days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 7 days after he has placed the order.
  5. In case of dissolution in accordance with the previous paragraph, Panara B.V. will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
  6. If delivery of an ordered product proves to be impossible, Panara B.V. will make every effort to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of Panara B.V..
  7. The risk of damage and/or loss of products rests with Panara B.V. until the moment of delivery to the consumer or a representative designated in advance and made known to Panara B.V., unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination and extension

Termination

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
  3. The consumer may conclude the contracts referred to in the previous paragraphs:
  • terminate at any time and not be limited to termination at a specific time or in a certain period;
  • at least terminate in the same way as they were entered into by him;
  • always terminate with the same notice period as Panara B.V. has stipulated for itself.

Extension

  1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
  3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivering daily, news and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer has the obligation to report inaccuracies in provided or stated payment details to Panara B.V. without delay.
  4. In the event of non-payment by the consumer, Panara B.V. has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

  1. Panara B.V. has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to Panara B.V. within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
  3. Complaints submitted to Panara B.V. will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Panara B.V. will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement.

Article 15 – Disputes

  1. Agreements between Panara B.V. and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 16 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Privacy statement Panara B.V.

We treat the information you provide to us via the sites of Panara B.V. confidentially. We record the data that you provide to us when registering in a file. If you place orders through the Sites, we register these orders by name. Your data will not be made available to third parties, unless this is necessary to process your order. Third parties engaged by us are obliged to respect the confidentiality of your data.

Panara B.V. uses the collected data to provide its customers with the following services:

  • If you place an order, we need your name, e-mail address, delivery address and telephone number to be able to process your order. Panara B.V. uses this information for the execution of your order and, if necessary, to be able to contact you.
  • With your permission, we use your data to inform you about news, developments and innovations within the shoe market and about products and special offers and promotions of Panara B.V..
    Storing your data has the advantage for you as a customer that we can, for example, immediately make you offers, based on your own preference as shown by your previous purchase data. We can also keep track of your previously ordered products, so that you can place orders with Panara B.V. faster and easier. The file of Panara B.V. can also be used for making statistical and personal analyses, including for making offers and newsletters.

If you have questions about privacy, want to have data deleted or if you want insight into the data we register about you, you can send an e-mail to info@panaraonline.com