Online Terms and Conditions of Sale
This page (together with the documents referred to on it) outlines the terms and conditions on which we supply any of the products (Products) listed on our website. Please read these terms and conditions carefully before ordering from our site. You should understand that by ordering from us, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
When you order Products from us you must accept these terms and conditions. If you do not accept these terms and conditions, you will not be able to order from our site. These special terms and conditions only apply to Products ordered from this website. If you bought products somewhere else, for example from a retailer, then you will be bound by different terms for your purchase and a different returns procedure. For more detail on this please contact the retailer who sold those goods to you.
Information about us
- "We operate websites at keds.eu , keds.co.uk, keds.de, keds.fr, keds.at, keds.ie, keds.nl, keds.be. We are Stride Rite Europe BV, a company registered in the Netherlands under company number 37063060 and with our registered office at Flemingstraat 5, 1704 Pl Heerhugowaard, Netherlands. Our VAT number is 800376675b01.
Our sites are only intended for use by people resident in Austria, Belgium, Great Britain, Germany, France, The Netherlands, Luxembourg and Republic of Ireland, (Serviced Countries). We do not accept orders from individuals outside those countries and we will only deliver to the Serviced Countries.
By placing an order through our site, you agree that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old;
- you are resident in one of the Serviced Countries; and
- you are accessing our site from that country.
How the contract is formed
- All orders are subject to acceptance by us, and we will confirm acceptance to you by sending you an email that confirms that the Product has been ordered (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation. Once we have sent the Order Confirmation you will be committed to your order and you will not be able to change it.
- The Contract will relate only to those Products whose Order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the Order of these Products has been confirmed in a separate Order Confirmation.
- Please make sure that our emails can get to you. For example you should make sure that email@example.com is set up as a safe sender if you use email filtering software.
- If you are contracting as a consumer, you may return Products to us at any time within 45 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
- To return Products you must follow the instructions on the return information form which is on the reverse of the packing slip sent with your Products. If you lose your packing slip (or if for some reason it is not enclosed when the Products arrive) please visit our website for full return instructions. You must also return the Products to us as soon as possible, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have the right to be compensated by you.
- Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation. This does not affect your other statutory rights as a consumer.
Availability and shipping
Your order will be fulfilled by the shipping date set out in the Order Confirmation or, if no shipping date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.
Risk and title
- The Products will be at your risk from the time of shipping to you at the address given on the Order Confirmation. Ownership of the Products will only pass to you when we receive full payment for the Products, including shipping charges.
Price and payment
- The price of the Products and our shipping charges will be as quoted on our site except in cases of obvious error.
- Product prices include VAT.
- Product prices and shipping charges are liable to change at any time, but changes will not affect orders where we have already sent you a Order Confirmation.
- Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally check prices as part of our Order procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when Ordering the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you before Ordering the Product, or reject your order and tell you of that rejection.
- We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as an error.
- Payment for all Products must be by one of the payment methods shown on our payments page here. We will not charge your credit or debit card until we Order your order. If you are paying by bank transfer or iDEAL we will Order your order when your payment clears. If we do not accept your offer to buy the Products, we will refund any payment you have made.
- Information security is very important to us. We will never ask for your payment details by email. Please make sure you only ever disclose your payment and personal details via a secure server. Never disclose your credit card number, PIN number or password to someone else to give to us. Make sure you log out of your account when you have finished shopping.
Our refunds policy
- If you return a Product to us:
- Because you have told us you want to return the Products during the cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave formal notice of cancellation. In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to us.
- For any other reason (for instance, because you have notified us in accordance with clause 20 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective Product in full, including any applicable shipping charges and any reasonable costs you incur in returning the item to us.
- If you are returning Products to us please include all of the original packaging (including any box the Products were in and any outside delivery package, if it is still in a suitable condition) with the completed return label. You can return goods to the address shown on the return label using the carrier of your choice but you should make sure you use a carrier with a tracking service since we are not responsible if goods do not arrive.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We do not offer exchanges for returned Products. If you want to exchange your Products you should follow the return procedures to return unwanted Products and simultaneously place a new order for the replacement Products through our website. This will allow us to transact your replacement request more quickly and more securely. Please be assured, we will process your return as soon as we can, crediting your account as necessary.
- If you return a Product to us:
We promise to you that any Product purchased from us through our site will, on shipping conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. In some of the Serviced Countries you may have additional warranty rights if you are a consumer which we will respect.
- Subject to clause 11.iii, if we fail to comply with these terms and conditions, we will only be liable to you for the purchase price of the Products and, subject to clause 11.ii, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of that failure.
- Subject to clause 11.iii, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time.
- However, this clause 11.ii will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 11.ii.
- Nothing in this agreement excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the UK Sale of Goods Act 1979; French Code de la Consommation; or any similar legislation with similar affect which applies to the Contract;
- defective products under the UK Consumer Protection Act 1987; or any similar legislation with similar effect which applies to the Contract;
- any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Sending products to another country
- We will only ship Products to the Serviced Countries. If you ask us to send Products to a different country from where you are based you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any laws.
Laws in some countries require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that those communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Stride Rite Europe BV at Flemingstraat 5, 1704SL. Heerhugowaard, The Netherlands. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
Transfer of rights and obligations
- The Contract between you and us is binding on you and us and on our respective successors and assignees.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. We may do any of these things either with the rest of our business or in a separate transaction, for example we may split off the Contracts we have entered into from the rest of our business. If a transfer of obligations takes place other than as part of a transfer of our business, you are entitled to terminate the agreement.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, delivery, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which we can continue to supply Products despite the Force Majeure Event. Please note that we may continue to offer Products for sale despite there being a Force Majeure Event impacting shipping.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of our rights or remedies and will not relieve you from compliance with your obligations unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, that term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
- Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud.
Our right to vary these terms and conditions
- We have the right to revise and amend these terms and conditions including by making changes to the Serviced Countries, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Dutch law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the Netherlands.