This policy page includes:

  • The webshop policy
  • The PHysical shop policy
  • General Terms and conditions

 

Webshop & Shop Policy

The Golden Bean solely offers exclusive sneakers, meaning that the sneakers sold are only available in limited quantities due to free play of market forces. This leads to multiple reasons for the limited quantities available:

  • Limited availability of the type of sneaker on the market
  • Limited availability of sizes of the sneaker

The Golden Bean always strives to preserve the exclusiveness and thus the value of all sneakers. Therefore, we have established a webshop and shop policy with the following important points:

  • The Golden Bean does not enable a return policy to ensure that no other person has worn the sneaker before being purchased by you as a customer.
  • The Golden Bean provides size charts per brand of exclusive sneakers, please use this size chart to find your usual size per brand before purchasing your pair.
  • Please refer to our physical shop policy to find out how we could further support your choice of purchase.

 

Physical shop policy

The Golden Bean solely offers exclusive sneakers, meaning that the sneakers sold are only available in limited quantities due to free play of market forces. This leads to multiple reasons for the limited quantities available:

  • Limited availability of the type of sneaker on the market
  • Limited availability of sizes of the sneaker

The Golden Bean always strives to preserve the exclusiveness and thus the value of all sneakers. Therefore, we have established the following shop policy:

  • The Golden Bean does not enable a return policy to ensure that no other person has worn the sneaker before being purchased by you as a customer.
  • The Golden Bean does not exchange sneakers due to limited availability of sizes, types of sneakers and the differences in prices.
  • The Golden Bean does not allow any fitting of the sneakers, therefore, we do ensure chart sizes are available per brand to ensure the correct fitting.
  • The staff of The Golden Bean can support the customer by using the chart size and the ability to see the shoe, however, staff is not liable should the sneaker not fit after purchasing the pair.

GENERAL TERMS AND CONDITIONS  THE GOLDEN BEAN

Definitions

  1. The Golden Bean, established in Eindhoven, Chamber of Commerce no. 81356676.
  2. Customer: the party which The Golden Bean has entered into an agreement with.
  3. Parties: The Golden Bean and customer together.
  4. Consumer: a customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of The Golden Bean. 
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

  1. All prices used by The Golden Bean 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.
  2. The Golden Bean is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 
  3. Increases in the cost prices of products or parts thereof, which The Golden Bean could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 
  4. 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.

Samples / models 

If the customer has received a sample or model of a product, he cannot 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.

Payments and payment term

  1.  THE GOLDEN BEAN may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount. 
  2. The customer must have paid the full amount within 7 days after delivery of the product.
  3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without  THE GOLDEN BEAN having to send the customer a reminder or to put him in default. 
  4.  THE GOLDEN BEAN reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Payments and payment term - Store

Products are immediately paid for in the store.

Consequences of late payment

  1. If the customer does not pay within the agreed term,  THE GOLDEN BEAN is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to  THE GOLDEN BEAN . 
  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 
  4. If the customer does not pay on time,  THE GOLDEN BEAN may suspend its obligations until the customer has met his payment obligation. 
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of  THE GOLDEN BEAN on the customer are immediately due and payable. 
  6. If the customer refuses to cooperate with the performance of the agreement by  THE GOLDEN BEAN , he is still obliged to pay the agreed price to  THE GOLDEN BEAN . 

Right of recovery of goods 

  1. As soon as the customer is in default,  THE GOLDEN BEAN is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2.  THE GOLDEN BEAN invokes the right of recovery by means of a written or electronic announcement.
  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to  THE GOLDEN BEAN , unless the parties agree to make other arrangements about this. 
  4. The costs for the collection or return of the products are at the expense of the customer. 

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention 

  1.  THE GOLDEN BEAN can appeal to his right of retention of title and in that case retain the products sold by THE GOLDEN BEAN to the customer until the customer has paid all outstanding invoices with regard to THE GOLDEN BEAN , unless the customer has provided sufficient security for these payments. 
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to THE GOLDEN BEAN .
  3.  THE GOLDEN BEAN is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement 

The customer waives his right to settle any debt to THE GOLDEN BEAN with any claim on THE GOLDEN BEAN . 

 

Retention of title 

  1.  THE GOLDEN BEAN remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to THE GOLDEN BEAN under whatever agreement with THE GOLDEN BEAN including of claims regarding the shortcomings in the performance.
  2. Until then, THE GOLDEN BEAN can invoke its retention of title and take back the goods. 
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 
  4. If THE GOLDEN BEAN invokes its retention of title, the agreement will be dissolved and THE GOLDEN BEAN has the right to claim compensation, lost profits and interest.

Delivery 

  1. Delivery takes place while stocks last.
  2. Delivery takes place at THE GOLDEN BEAN unless the parties have agreed upon otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer. 
  4. If the agreed price is not paid on time, THE GOLDEN BEAN has the right to suspend its obligations until the agreed price is fully paid. 
  5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by THE GOLDEN BEAN .

Delivery period

  1. Any delivery period specified by THE GOLDEN BEAN 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.
  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from THE GOLDEN BEAN . 
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless THE GOLDEN BEAN cannot deliver within [number of days late] or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs 

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

Packaging and shipping 

  1. 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 THE GOLDEN BEAN may not be held liable for any damage.
  2. 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 THE GOLDEN BEAN, failing which THE GOLDEN BEAN cannot be held liable for any damage.

Insurance

  1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
    • goods delivered that are necessary for the execution of the underlying agreement
    • goods being property of THE GOLDEN BEAN that are present at the premises of the customer
    • goods that have been delivered under retention of title 
  2. At the first request of THE GOLDEN BEAN, the customer provides the policy for these insurances for inspection. 

Storage 

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

 

 

Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 
  2. 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 cannot clearly be established.
  3. 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.

Indemnity

The customer indemnifies THE GOLDEN BEAN against all third-party claims that are related to the products and/or services supplied by THE GOLDEN BEAN. 

Complaints

  1. The customer must examine a product or service provided by THE GOLDEN BEAN as soon as possible for possible shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform THE GOLDEN BEAN of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 
  3. Consumers must inform THE GOLDEN BEAN of this within two months after detection of the shortcomings.
  4. The customer gives a detailed description as possible of the shortcomings, so that THE GOLDEN BEAN is able to respond adequately. 
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this can in any case not lead to THE GOLDEN BEAN being forced to perform other work than has been agreed. 

Giving notice

  1. The customer must provide any notice of default to THE GOLDEN BEAN in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches THE GOLDEN BEAN (in time). 

Joint and several Client liabilities

If THE GOLDEN BEAN enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to THE GOLDEN BEAN under that agreement. 

Liability of THE GOLDEN BEAN

  1.  THE GOLDEN BEAN is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 
  2. If THE GOLDEN BEAN is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  3.  THE GOLDEN BEAN is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. If THE GOLDEN BEAN is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from THE GOLDEN BEAN shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

  1. The customer has the right to dissolve the agreement if THE GOLDEN BEAN imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
  2. If the fulfillment of the obligations by THE GOLDEN BEAN is not permanent or temporarily impossible, dissolution can only take place after THE GOLDEN BEAN is in default. 
  3.  THE GOLDEN BEAN has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give THE GOLDEN BEAN good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of THE GOLDEN BEAN in the fulfillment of any obligation to the customer cannot be attributed to THE GOLDEN BEAN in any situation independent of the will of THE GOLDEN BEAN, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from THE GOLDEN BEAN . 
  2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
  3. If a situation of force majeure arises as a result of which THE GOLDEN BEAN cannot fulfill one or more obligations towards the customer, these obligations will be suspended until THE GOLDEN BEAN can comply with it. 
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
  5.  THE GOLDEN BEAN does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Changes in the general terms and conditions

  1.  THE GOLDEN BEAN is entitled to amend or supplement these general terms and conditions. 
  2. Changes of minor importance can be made at any time. 
  3. Major changes in content will be discussed by THE GOLDEN BEAN with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

 

 

Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with THE GOLDEN BEAN to third parties without the prior written consent of THE GOLDEN BEAN . 
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what THE GOLDEN BEAN had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties. 
  2. The Dutch court in the district where THE GOLDEN BEAN is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).

Drawn up on 14.03.2023