Terms of service

BRONX Fashion BV is registered at the Chambre Of Commerce in the Netherlands

(KVK) with number: 18088671.

Tax number: NL817977983B01

E-mail: hello@bronxshoes.com

Phone: + 31 (0) 416 56 26 50

ARTICLE 1. DEFINITIONS

1.1 For purposes of these conditions the "Supplier" will be understood to be Bronx Fashion B.V.

1.2 For purposes of these conditions the "Customer" will be understood to be the client or purchaser who enters, or wishes to enter, into an agreement with the Supplier, or for whom the Supplier issues an offer or makes a delivery or performance.

ARTICLE 2. APPLICABILITY

2.1 These conditions will apply to all offers, agreements, and deliveries of the Supplier.

2.2. In no event will any general conditions of the Customer apply to the agreement or agreements between the Supplier and the Customer.

2.3 Any variations from these conditions agreed between the parties will apply only if expressly agreed in writing.

ARTICLE 3. OFFERS/AGREEMENTS

3.1. All offers of the Supplier will be subject to contract, even if they contain a term for acceptance. Any images, colours, drawings, and statements of measurements are indicative only. The Supplier will not be liable for any discrepancies.

3.2. An agreement between the Supplier and the Customer will be formed upon written confirmation by the Supplier of the Customer's order. The Supplier will be entitled to reject orders or to attach special conditions to delivery. Any amendment of the agreement will be valid only if agreed between the parties in writing.

3.3. The Customer warrants that the information provided to the Supplier is correct.

3.4. The order may be cancelled or changed only with the written consent of the Supplier.

3.5. In the event that the order is cancelled or changed after formation of an agreement between the Supplier and the Customer, the Customer will pay cancellation costs to be determined by the Supplier. Such cancellation costs will consist of all costs, lost profits, and other damage reasonably incurred by the Supplier with a view to execution of the order. The cancellation costs will amount to at least 25 percent of the principal sum, to be increased by VAT, or a proportional part thereof in the event that only part of the order is cancelled or changed.

3.6. In no event can the order be cancelled or changed after a period of 14 days prior to the date of delivery. In such event the full principal sum, to be increased by VAT, will at all times be due.

ARTICLE 4. PRICES

4.1. The prices quoted by the Supplier will be in Euro or, if separately indicated, in another currency, and will be exclusive of VAT, import duties, levies or taxes due upon import or export, administrative charges, and costs of shipment and insurance.

4.2. The Supplier will be entitled to pass any increase in price-determining factors, including but not limited to raw or other materials, component parts, energy prices, costs of transport, import duties, salary costs or social security contributions, occurring after conclusion of the agreement, on to the Customer.

ARTICLE 5. DELIVERY TIME

5.1. In no event will the delivery times stated by the Supplier be strict deadlines. The Supplier will not be liable if the delivery period is exceeded, nor will the Customer be entitled to cancel the order or refuse to take delivery of, or pay for, the products. The Customer will indemnify the Supplier against any third-party claims in respect of late delivery by the Supplier.

ARTICLE 6. SHIPMENT

6.1. Delivery will be FCA (free carrier), as provided in the version of the Incoterms of the International Chamber of Commerce as prevailing on the date of delivery. In the event of conflict between the provisions of the Incoterms and those of the present general conditions, the provisions of these general conditions will prevail over those of the Incoterms.

6.2. In the event that the Supplier arranges shipment at the request, and on behalf, of the Customer, the method and routing of shipment will be at the Supplier's discretion. In such event the Supplier will not be liable for any damage-causing events, of any nature whatsoever, that may occur during or in connection with shipment, save in the event of intent or gross negligence on the part of the Supplier.

6.3. The Supplier will be entitled to deliver the goods in consignments. Any partial deliveries may be separately invoiced to the Customer.

6.4. If the parties have agreed that the Supplier will attach labels and such like to items and packaging, the Customer will ensure that such labels and such like are provided to the Supplier within 14 days of formation of the agreement. If the Customer fails to arrange punctual provision of labels and such like, the Supplier will be entitled to deliver the items to the Customer without labels and such like, without any liability arising on the Supplier's part to pay any kind of damages or compensation.

6.5. The Customer will be under an obligation to take delivery of the items upon delivery by or on behalf of the Supplier to the Customer, or upon provision of the items to the Customer.

6.6. If the Customer refuses to take delivery, or omits to provide any information or instructions that are required for the delivery, the Supplier will be entitled to store the items at the Customer's expense and risk, or to dissolve all, or the non-performed part of, the agreement, without any judicial intervention or notice of default being required, all without prejudice to the Supplier's right to claim damages.

ARTICLE 7. PAYMENT

7.1. Payment by the Customer of the invoice amount is to be made within fourteen (14) days of the date of the invoice, without any discount, by way of transfer to the bank account designated by the Supplier in the invoice. In no event will the Customer be entitled to any suspension or setoff.

7.2. The Customer will be in default by operation of law by the mere expiry of the payment period. From the date of occurrence of its default, the Customer will pay interest equal to 1.5% per month, while from such time all judicial and extrajudicial costs incurred by the Supplier will be payable by the Customer, up to the amount of the actual costs incurred. The extrajudicial costs will amount to at least 15% of the invoice amount, or the unpaid part thereof, unless the actual costs are higher.

7.3. Payments made by the Customer will always first be used to pay all outstanding interest and costs and subsequently to pay such exigibleinvoices as have been outstanding longest, even if the Customer states that the payment regards a later invoice.

7.4. The Supplier will be entitled to require immediate payment, or to require that the Customer provide security for payment, or pay such part of the purchase price as the Supplier may determine, before the Supplier delivers the relevant product.

7.5. If the Supplier accepts an order from a Customer based outside the Netherlands that is affiliated in a group with a company based in the Netherlands, the Customer will arrange that the Netherlands-based company assume joint and several liability for payment by the foreign Customer.

ARTICLE 8. RETENTION OF TITLE

8.1. As long as the Customer has not fully paid the Supplier, including but not limited to payment of all invoices, even for earlier and later deliveries and services performed, reimbursement of all costs and interest, as well as claims for damages on account of failure by the Customer to perform its obligations, the Supplier retains title to the products delivered by it to the Customer.

8.2. The Customer will be under an obligation to store the products delivered subject to a retention of title, identifiable as the Supplier's property, and to insure them against risks such as fire, explosion, damage and theft.

8.3. Title to the product will pass to the Customer as soon as the Customer has fully paid the Supplier. Until such time, the Customer will not be free to encumber the products, to give them in lease, to allow third parties to use them, or to remove them from their storage location without the Supplier's written consent. The Customer will only be entitled to sell or deliver the products title to which is reserved by the Supplier to third parties to the extent necessary in the Customer's ordinary course of business.In the event of failure by the Customer to perform its obligations, or if the Supplier has reason to fear that it will fail to do so, the Supplier will be entitled to cause the delivered products to be removed from the Customer's premises. The Customer will be under an obligation to render its full cooperation in this respect. The Customer hereby irrevocably authorizes the Supplier, or persons to be designated by it, in advance to access the location where the products are stored in order to remove them. All associated costs will be at the expense and risk of the Customer.

ARTICLE 9. COMPLAINTS

9.1. The Customer is to inspect the product immediately upon receipt from the Supplier. Any complaints with respect to the products delivered by the Supplier are to be filed with the Supplier in writing within seven (7) days of receipt of the goods, accurately describing the complaint, on pain of forfeiture of the Supplier's full liability. Complaints with respect to partial deliveries may not be postponed until all the agreed products have been delivered.

9.2. The Customer will not be free to return a product before the Supplier has granted its written consent. In no event may acceptance of return shipments be construed by the Customer as acknowledgment by the Supplier of any defects in the delivered products or acceptance of liability. The costs of return shipment will be payable by the Customer and the products will continue to be at the Customer's risk.

9.3. In the event of acknowledgment of a complaint, the Supplier will, at its option, repair or replace the delivered items or credit the invoice amount, without any liability arising on its part to pay damages.complaint pairs

9.4. Any worn pairs complained about ("complaint pairs") will be taken back by the Customer and collected by it, and will be accepted by way of return shipment at a time, and according to a method, to be determined by the Supplier. Compensation by way of crediting will be arranged as soon as the Supplier - at its sole discretion - deems the complaint founded.

9.5. After 18 months have passed since the date of the invoice worn complaint pairs will no longer be accepted by us (the Supplier).

ARTICLE 10. LIABILITY

10.1. Save in the event of intent or gross negligence on the Supplier's part, the Supplier will not be liable for any damage suffered by the Customer or any third parties.

10.2. The Supplier's liability to the Customer will in any event be limited to the lower amount of either the relevant contract sum (exclusive of VAT) or the amount received by the Supplier from its insurer in the relevant event.10.3 In no event will the Supplier be liable for any indirect damage suffered by the Customer, such as consequential damage or lost profits. The Customer will be under an obligation to indemnify and compensate the Supplier against any claims for damages that third parties may assert against the Supplier if the damage of such third parties was caused by infringement of patents and/or copyrights, the use of drawings, data, designs, materials or component parts, or the application of working methods provided or prescribed by or on behalf of the other party to the Supplier for the purpose of execution of the order.

ARTICLE 11. SUSPENSION AND DISSOLUTION

11.1. In the event of the Customer's failure, or failure punctually or properly, to perform any of its obligations ensuing from an agreement with the Supplier, insolvency, filing for a moratorium on payment of its debts, or offering a settlement or composition to one or more of its creditors, the Customer will be in default by operation of law. In such events the Supplier will be entitled either to suspend performance of the agreement or to dissolve all or part of the agreement (and to reclaim the items already delivered by it to the extent not yet paid) - without any judicial intervention or notice of default being required - and to claim payment of the performed part of the agreement and demand payment in advance for the further deliveries, all without prejudice to the Supplier's right to claim compensation of its damage.

11.2. In the situations referred to in paragraph 1 of this article the Supplier's claims against the Customer will become immediately due and payable.

ARTICLE 12. FORCE MAJEURE

12.1 In the event of force majeure the Supplier will be entitled to suspend performance of all its obligations vis-à-vis the Customer, and to dissolve all or part of all agreements with the Customer, without prejudice to its right to demand payment of the work already performed and the costs incurred, and without being liable to pay any penalty or damages.

ARTICLE 13. WARRANTY

13.1 The Supplier warrants the sound condition of the items delivered by it and the materials used in that respect. Items fully or partially manufactured from natural products may vary from samples. To the extent that the relevant variations are common in the industry, the Customer will not be entitled to return the items or to claim any form of damages or compensation. Furthermore, the Supplier warrants the sound condition of the items delivered by it and the material used in that respect only if such items are used in a normal and careful fashion and in accordance with the Supplier's instructions and the materials used in that respect, as well as for the purpose for which they were manufactured. This warranty will not apply if the Supplier supplies items of an explicitly agreed inferior quality. The Supplier will determine whether the warranty is applicable and how the relevant items will be repaired and/or shipped.

13.2. The warranty cannot be invoked if the defect or the wear and tear is the result of negligent maintenance or normal use. Moreover, the warranty cannot be invoked if the Customer remains in default and fails to perform its obligations.

13.3.In the event of replacement or compensation, an allowance will be made for the use already made of the delivered item, including wear and tear as a result of normal use.

ARTICLE 14. INTELLECTUAL PROPERTY RIGHTS

14.1. The intellectual property rights, includingcopyrights, rights as referred to in the UniformBenelux Act on Drawings and Designs, trade names, and patent rights, in the Supplier's products may be used for promotional and/or publication purposes, all in the broadest sense, only with the Supplier's written consent.

14.2. The Customer will be under an obligation, as soon as the use of the Supplier's intellectual property rights by third parties comes to its attention, promptly to notify the Supplier.

ARTICLE 15. APPLICABLE LAW

15.1. All agreements will be governed exclusively by the laws of the Netherlands. The applicability of the Vienna Sales Convention (CISG) is excluded.

15.2. Any disputes between the parties will be submitted to the exclusive jurisdiction of the competent court in Breda, the Netherlands.For more information on the payment method Klarna, please visit: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_gb/user


PRIVACY POLICY

Date: May 2018, Version 1.5

INTRODUCTION
Bronx Fashion B.V. processes your personal data carefully, securely, and reliably. We believe it is important that you have confidence in our organization regarding all our services and products. Therefore, we do everything we can to protect your privacy. The rules concerning the protection of your privacy are laid down in the General Data Protection Regulation (GDPR), which is supervised by the Dutch Data Protection Authority.

The website bronxshoes.com and all derived websites fall under Bronx Fashion B.V., which is the data controller responsible for processing personal data.

Given its size, Bronx Fashion B.V. is not required to appoint a data protection officer. Therefore, internal oversight is maintained regarding the application and compliance with the GDPR.

STRUCTURE OF THE PRIVACY STATEMENT

Bronx Fashion B.V. is responsible for processing your data. In the following paragraphs, we describe which personal data we process and for what purposes we do this. We also explain for which services we process the data and on what basis we are permitted to do so. The sharing of data with other parties is highlighted. The security of personal data is addressed along with the handling of retention periods. Lastly, a section is included about the rights you have as a customer and the possibility to contact Bronx Fashion B.V.

OBLIGATION TO PROVIDE PERSONAL DATA

In most cases, it is necessary to use your personal data to provide you with the service or product you have requested from us. In that case, the use of your data is essential for executing and improving this service.

For other services, you are not obliged to provide data. For some additional products and services, such as our pre-announcements and brochures, we will first ask for your consent before we collect (more) personal data from you or before we use data we already have for other purposes.

PERSONAL DATA BEING PROCESSED
Bronx Fashion B.V. may process personal data about you because you use the services of Bronx Fashion B.V. or because you provide this data yourself when filling out a contact form or delivery information on the website. Bronx Fashion B.V. processes the following personal data:

1st Category: WEBSHOP VISITOR
- Your region
- Your IP address from the device you use to visit our site
- The type of device you use to visit our site
- Which browser you are using
- The duration and frequency of your visit

2nd Category: PURCHASING CUSTOMER ON WEBSHOP
- Your name
- Your address
- Your email address
- Your phone number
- Your postal code
- Your country of residence
- And all data from the 1st category

Payment information is entered on a page provided by our payment provider. This data is not visible to us and is not processed by us. For this, we kindly refer you to the relevant payment provider.

WHY BRONX FASHION B.V. NEEDS YOUR DATA
Bronx Fashion B.V. and our processors process your data because it is necessary for executing the agreement between Bronx Fashion B.V. and the processor. This is essential to provide the services and/or products of our webshop and customer service, such as:

1. Providing information about products on our site.
2. Sending newsletters and other mailings (only after registration).
3. Offering the possibility to create an account on our site, with the associated option to view orders and account details.
4. Sending ordered goods and providing logistical support.
5. Analyzing data to improve our website, portal, and services.
6. Providing customer service, aftersales, and other support.
7. Remarketing and retargeting activities.

FOR WHICH SERVICES BRONX FASHION B.V. USES YOUR DATA
Service 1: Informing webshop visitors
To inform a webshop user, Bronx Fashion B.V. uses personal data from the 1st category. This data is obtained via Google, Bing & Facebook Analytics.

Service 2: Delivery of goods and services
For the delivery of goods, Bronx Fashion B.V. uses personal data from the 2nd category. This aims to deliver the ordered goods to the provided address.

Service 3: Other processing
Bronx Fashion B.V. further processes personal data from the 1st and 2nd categories as necessary. This may involve conducting research and analyzing data to improve service delivery. It may also be that Bronx Fashion B.V. needs to process your personal data to comply with legal obligations.

FOR WHAT GROUNDS DO WE USE YOUR DATA
Consent
Bronx Fashion B.V. uses consent as the basis for sending out newsletters. This consent is requested via the website, where the customer can enter their email address and/or address details and check a box. Bronx Fashion B.V. retains this consent for registration.

EXISTENCE OF AUTOMATED INDIVIDUAL DECISION-MAKING
Bronx Fashion B.V. does not use automated individual decision-making, as this is not necessary for our services. This means that Bronx Fashion B.V. does not engage in active profiling.

SHARING PERSONAL DATA WITH OTHERS
Bronx Fashion B.V. shares personal data with organizations involved in the execution of ICT services. These service providers ensure the functioning, management, and maintenance of the software we use to register our customers and orders. Additionally, Bronx Fashion B.V. uses a payment provider to process transactions. Bronx Fashion B.V. also works with several suppliers for software programs. These suppliers are our sub-processors, and we have agreements in place regarding the careful handling of your data.

Sometimes Bronx Fashion B.V. is required to provide personal data to authorities based on legal obligations. We only do this if there is a legal obligation to do so.


DATA OUTSIDE THE EUROPEAN UNION
Bronx Fashion B.V. prefers the processing of personal data within the EU. Since privacy regulations apply within the EU, an adequate level of protection can always be guaranteed. When data is shared with parties outside the EU, these parties must comply with the "Privacy Shield" law to ensure an adequate level of protection for your data outside the EU.

HOW LONG IS YOUR DATA STORED?
Bronx Fashion B.V. does not store your personal data longer than is strictly necessary to achieve the purposes for which your data is collected. Your data from Google Analytics and similar parties will be stored for a maximum period of 50 months. When you purchase a product and/or service from our online store, the data, whether anonymous or not, is stored for 7 years to comply with the statutory mandatory storage period.

ANALYTICS OF WEBSITE USAGE
On the website of Bronx Fashion B.V., general visitor data is retained, including the IP address of your computer, the time of access, and data that your browser sends. This data is used for analysing visitor and click behaviour on the website. Bronx Fashion B.V. uses this information to improve the functioning of the website. This data is anonymised as much as possible and is not provided to third parties.

GOOGLE ANALYTICS & ADWORDS
Bronx Fashion B.V. uses Google Analytics to track how users interact with the website and the effectiveness of Google AdWords ads on Google search result pages. The information obtained, including the address of your computer (IP address), is transferred to and stored by Google on servers in the United States. For more information, please read Google’s privacy policy. You can also find the privacy policy of Google Analytics here: [https://policies.google.com/privacy](https://policies.google.com/privacy). Google uses this information to monitor how our website is used, to provide reports on the website to Bronx Fashion B.V., and to furnish its advertisers with information regarding the effectiveness of their campaigns. Google may provide this information to third parties if it is legally obligated to do so, or to the extent that these third parties process the information on behalf of Google. Bronx Fashion B.V. has no influence over this. Bronx Fashion B.V. has not granted Google permission to use Analytics information obtained through Bronx Fashion B.V. for other Google services.

BING ANALYTICS & BING ADS
Bronx Fashion B.V. uses Bing Analytics to monitor how users interact with the website and the effectiveness of Bing ads for Bronx Fashion B.V. on Bing search result pages. The information obtained, including the address of your computer (IP address), is transferred to and stored by Bing on servers in the United States. For more information, please read Bing’s privacy policy. You can find the privacy policy of Bing Analytics here: [https://privacy.microsoft.com/en-us/privacystatement](https://privacy.microsoft.com/en-us/privacystatement). Bing uses this information to track how our website is used, to provide reports to Bronx Fashion B.V., and to furnish its advertisers with information regarding the effectiveness of their campaigns. Bing may provide this information to third parties if it is legally obliged to do so, or to the extent that these third parties process the information on behalf of Bing. Bronx Fashion B.V. has no influence over this. Bronx Fashion B.V. has not granted Bing permission to use Analytics information obtained through Bronx Fashion B.V. for other Bing services.

FACEBOOK & INSTAGRAM ANALYTICS AND ADS
Bronx Fashion B.V. uses Facebook and Instagram Analytics to monitor how users interact with the website and the effectiveness of the Facebook and Instagram ads for Bronx Fashion B.V. on social media channels. The information obtained, including the address of your computer (IP address), is transferred to and stored by Facebook and Instagram on servers in the United States. For more information, please read the privacy policies of Facebook and Instagram. You can find Facebook’s privacy policy here: [https://www.facebook.com/privacy/explanation](https://www.facebook.com/privacy/explanation) and Instagram’s privacy policy here: [https://help.instagram.com/519522125107875](https://help.instagram.com/519522125107875). Facebook and Instagram use this information to track how our website is used, to provide reports on the website to Bronx Fashion B.V., and to furnish us as advertisers with information regarding the effectiveness of their campaigns. Facebook and Instagram may provide this information to third parties if they are legally obliged to do so, or to the extent that these third parties process the information on behalf of Facebook and Instagram. Bronx Fashion B.V. has no influence over this. Bronx Fashion B.V. has not granted Facebook and Instagram permission to use Analytics information obtained via Bronx Fashion B.V. for other Facebook and Instagram services.

TRANSACTIONAL EMAILS
All transactional emails and newsletters sent from bronxshoes.com use Mailchimp and Mandrill. Data with these parties is not transparent to third parties and is stored in the United States. Mailchimp and Mandrill may only provide this information to third parties if they are legally obliged to do so, or to the extent that these third parties process the information on behalf of Mailchimp and Mandrill. Bronx Fashion B.V. has no influence over this. The terms and conditions of Mailchimp and Mandrill can be found here: [https://mailchimp.com/legal/privacy](https://mailchimp.com/legal/privacy).

ACCESS, AMEND OR REMOVE YOUR DATA
Bronx Fashion B.V. considers it important that customers residing in the EU can properly exercise their rights under the law. Therefore, it is very easy to contact us via the website, and you can exercise the following rights:
- The right of access: you have the right to access the personal data we process about you;
- The right to rectification: if the personal data we process about you is inaccurate, you have the right to correct it;
- The right to erasure: if we no longer need your personal data for the purpose for which we collected it, you have the right to request its deletion. There are a few exceptions, such as our obligation to retain certain data for, among other things, tax authorities;
- The right to restriction: during the period in which we are determining whether your data should be rectified, establishing the unlawfulness of data processing, determining whether data should be deleted, or if you have objected to processing, you have the right to request the restriction of processing;
- The right to object: if we process data on the basis of legitimate interests or public interest, it is possible to raise an objection, after which a balancing of interests will follow. In the case of direct marketing, you always have the right to object.

You can send a request for access, rectification, or erasure to our GDPR contact person, whose details can be found at the bottom of this statement. Bronx Fashion B.V. will respond to your request as soon as possible, and no later than four weeks.

SECURITY OF YOUR DATA
Bronx Fashion B.V. takes the protection of your data seriously and implements appropriate measures to prevent misuse, loss, unauthorised access, unwanted disclosure, and unauthorised modification. The website of Bronx Fashion B.V. uses a reliable SSL certificate to ensure that your personal data does not fall into the wrong hands. We ensure that if we transfer your personal data to other organisations such as processors, these organisations maintain the same standards. If you have the impression that your data is not secure or there are indications of misuse, or if you would like more information about the security of personal data collected by Bronx Fashion B.V., please contact Bronx Fashion B.V. via the link below.
Contact our data protection department at hello@bronxshoes.com.