General Terms and Conditions

This page consists of the General Terms and Conditions that apply at McGregor Shoes, the Gift Voucher Terms and Conditions and the Privacy Policy that applies to the webshop.

General terms and conditions

When you use this website (hereinafter also: site) you agree to the following general conditions and  you agree that these conditions are part of every agreement that you enter into with McGregor Shoes. These terms and conditions apply to every order you make with us, to every purchase you make via our website and to every agreement you enter into with McGregor Shoes. (hereinafter: “McGregor Shoes”).

Contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur at withdrawal
Article 10 - Exclusion of the right of withdrawalt
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Additional or different provisions

Article 19 - Intellectual property rights
Article 20  - Disclaimer for products and/or advices
Article 21 - Disclaimer for information and/or recommendations
Article 22 - Disclaimer for guarantees
Article 23 - No consent
Article 24 - Invalid if prohibited
Article 25 – Code of conduct
Article 26 - Indemnification
Article 27 - Purchases
Article 28 – Letters, questions, remarks and assessments
Article 29 - Use of passwords
Article 30 – Amendments
Article 31 – Miscellaneous

ARTICLE 1 - Definitions

In these terms and conditions the following definitions apply:

  1. Return period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Day: calendarday;
  4. Duration transaction: a distance contract relating to a series of products and / or services, whereby the delivery and / or purchase obligation is spread over time;
  5. Durable medium: 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 waive the distance contract within the cooling-off period;
  7. Model form: the model form for withdrawal that the entrepreneur makes available which a consumer can fill in when he wants to use his right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
  9. Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur 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;
  10. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

ARTICLE 2 - Identity of the entrepreneur

McGregor Shoes
Nieuwstraat 156
5126 CH Gilze The Netherlands
T: 0881120132 (Monday to Friday 9:00 - 17:00)
E: info@mcgregorshoes.com
Coc-nummer: 69450579
VAT-nr: 

ARTICLE 3 - Applicability

1. These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between entrepreneur and consumer.

2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible, at the consumer's request.

3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in another way.

4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting conditions.

ARTICLE 4 - The offer

1. The contract shall be concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions laid down therein.

2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur may, within the limits of the law - inform whether the consumer can meet his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.

5. The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model form for withdrawal.

6. In case of a duration contract, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 5 - The agreement

1. The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.

2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur may, within the limits of the law - inform whether the consumer can meet his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.

5. The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:

a) the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

b) the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

c) the information on guarantees and existing after-sales service;

d) the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;

e) the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;

f) if the consumer has a right of withdrawal, the model form for withdrawal.

6. In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 - Right of withdrawal

In the case of products:

1. The consumer can dissolve an agreement relating to the purchase of a product during a return period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).

2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
c. in case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:
3. The consumer may terminate a service contract and a contract for delivery of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).

4. The return period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended return period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the return period will expire 14 days after the day on which the consumer received this information.

ARTICLE 7 - Obligations of the consumer during the return period

1. During the reflection period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, features and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

2. The consumer is only liable for depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.

3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

ARTICLE 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the return period by means of the model form for withdrawal or in any other unambiguous manner.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the return period has expired.

3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return shipment.

6. If the consumer withdraws after first explicitly requesting that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity shall commence during the withdrawal period, the consumer shall owe the entrepreneur an amount that is proportionate to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full extent of the commitment.

7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to supply district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation in the event of withdrawal or the model form for withdrawal, or;
b. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the return period.

8. The consumer shall not bear any cost for the complete or partial delivery of digital content not supplied on a tangible medium if:
a. he has not expressly consented to the commencement of performance of the contract before the end of the return period prior to its delivery;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the trader has failed to confirm this declaration by the consumer.

9. If the consumer makes use of his right of withdrawal, all additional contracts are dissolved by operation of law.

ARTICLE 9 - Obligations of the trader in the event of withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he shall send an acknowledgement of receipt of this notification without delay.

2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.

3. The entrepreneur shall use the same means of payment that the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

ARTICLE 10 - Exclusion of the right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:

1. Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period

2. Contracts concluded during a public auction. A public auction is defined as a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is present in person or has the possibility of being present in person at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;

3. Service contracts, after full performance of the service, but only if:
a. the execution has started with the consumer's explicit prior consent; and
b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has completely executed the contract;

4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;

5. Agreements relating to leisure activities, if the agreement provides for a certain date or period of performance;

6. Products made to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;

7. Products that spoil quickly or have a limited shelf life;

8. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

9. Products that after delivery by their nature are irrevocably mixed with other products;

10. Alcoholic beverages of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;

11. Sealed audio-, video-recordings and computer software, of which the seal has been broken after delivery;

12. Newspapers, magazines or journals, with the exception of subscriptions to these;

13. The delivery of digital content other than on a tangible medium, but only if:
a. the execution has started with the express prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.

ARTICLE 11 - The price

1. During the period of validity mentioned 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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.

3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.

ARTICLE 12 - Fulfilment of contract and additional guarantee

1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.

3. By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the agreement.

ARTICLE 13 - Delivery and execution

1. The entrepreneur will take the utmost care in receiving and carrying out orders of products and in assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the entrepreneur.

3. With due observance of what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.

4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer the amount paid without delay.

5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and announced to the entrepreneur representative, unless otherwise expressly agreed.

ARTICLE 14 - Duration transactions: duration, termination and renewal

Termination:
1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice not exceeding one month.

2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.

3. The consumer can the agreements mentioned in the previous paragraphs: - terminate them at all times and not be limited to termination at a specific time or in a specific period; - terminate them at least in the same way as they were entered into by him; - terminate them at all times with the same notice period as the entrepreneur has stipulated for himself.

Renewal:
4. A contract for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.

5. Notwithstanding the preceding paragraph, a contract for a definite period, which 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 renewed contract towards the end of the extension with a notice of up to one month.

6. A fixed-term contract that has been concluded for the regular supply of products or services may only be extended tacitly for an indefinite period of time if the consumer may terminate at any time with a notice period of up to one month. The notice period is up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

7. An agreement with a limited duration for the regular supply, by way of introduction, of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:
8. If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.

ARTICLE 15 - Payment

1. Order with obligation to pay: placing an order implies an obligation to pay.

2. Insofar as not otherwise provided for in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In case of a contract to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.

3. When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service (s) before the stipulated prepayment has taken place.

4. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.

5. If the consumer does not timely fulfill his payment obligation(s), he is, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, the statutory interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000, with a minimum of € 40.

ARTICLE 16 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has found the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur 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 solved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
  5. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  6. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

ARTICLE 17 - Disputes

  1. On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law. Even if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.

 

ARTICLE 18 - Additional or different provisions

Additional provisions or provisions that deviate 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 the Consumer can store them in an accessible manner on a long-term data carrier. The additional provisions of McGregor Shoes are included below in articles 21 to 33.

 

ARTICLE 19 - Intellectual property rights

This website and everything on this website, including but not limited to images, texts, photographs, designs, icons and illustrations, with the exception of everything that is already protected under an existing copyright or other intellectual property right, is owned by McGregor Shoes and/or its owners or (business) partners. Prior written permission from McGregor Shoes is required if you wish to reproduce, publish, alter, upload, send (by post), distribute or in any way make public anything from this website. The trademarks and logos used and displayed on this site are trademarks of McGregor Shoes and others. Nothing on this site shall be construed or interpreted as granting, by implication or otherwise, any license or right to use any trademark of or displayed on this site without the prior written consent of the owner of such trademark. Users may view and/or download material from this site for personal, non-commercial private use only. McGregor Shoes will use all legal means to protect its intellectual property rights. All rights not expressly granted to third parties in these terms and conditions are expressly reserved by McGregor Shoes.

ARTICLE 20 – Disclaimer for products and/or advice

This website does not provide medical advice and does not attempt or purport to diagnose or treat skin problems or diseases. If you have a medical skin problem, please make an appointment with a physician or dermatologist. All products should be used as indicated in the product descriptions on this website. Stop using a product if it causes irritation (redness, itching, burning, flaking, pain, or other symptoms). If you are dissatisfied with a product, please let us know as soon as possible. For details, please see the terms of our Return Policy, which is an integral part of these Terms and Conditions.

The information provided by this website or this company does not replace a personal consultation with a dermatologist or physician and should not be construed as individual medical advice.

ARTICLE 21 - Disclaimer of information and/or recommendations

The purpose of this site is to represent the author's ideas and opinions about marketing, selling and using cosmetics. The author's sole purpose is to provide consumers with information and recommendations regarding the purchase of makeup and skin care products. The information and recommendations presented here are solely a reflection of the author's opinion, ideas and knowledge on the subject and the products mentioned. Some people may be using a product that is not recommended or even mentioned on this site with great success, or may be very satisfied with a skincare routine that Paula Begoun has recommended against. Everyone has the inalienable right to evaluate products according to her or his personal criteria and to disagree with the author.

More importantly, since everyone's skin can and probably will react to external stimuli at some point, any product can cause a negative skin reaction at some point. If you become hypersensitive to a particular product, stop using it immediately and see your doctor. If you need medical advice for your skin, see a doctor or dermatologist.

ARTICLE 22 - Disclaimer of Warranties

In addition to the provisions of Article 10, the contents of this site are provided "as is" and make no warranties of any kind, express or implied. The products sold through this site are sold 'as is' and without any warranty of any kind, express or implied, other than that provided for in article 10, paragraph 1. Warranties are excluded to the fullest extent permitted under law. McGregor Shoes does not warrant or represent that the content of the site, whether written by McGregor Shoes or third parties, is accurate or reliable, or that the site is free of errors or viruses, or that access to and use of the site will be uninterrupted and secure at all times. You are informed that any warranties made about any third party products that may be described on the site (for example, in the context of reviews of third party products) are made solely by that party and not by McGregor Shoes.

If you are dissatisfied with the Site, the only thing you can do about it is not to use the Site (again). By using the site, you acknowledge that you do so at your own risk. McGregor Shoes shall not be liable for any direct, indirect, incidental, or any other form or kind of damages, including all forms of consequential damages, whether a claim for damages is based on contract, tort, or any other basis for liability whatsoever, relating to the site, its contents, or the products described or sold thereon, even if McGregor Shoes has been advised of the possibility of such damages. An exception to the foregoing is formed by damage that is the direct result of intent or gross negligence of McGregor Shoes. The liability of McGregor Shoes is in all cases limited to the amount paid by the user for the relevant purchase of products sold on the site or, in the case of a subscription service, any amount paid by the user to use that service for one year.

ARTICLE 23 – No consent

In certain cases, the site displays the opinions of users of the site. The mere display of such opinions on the site should not be construed to imply that McGregor Shoes or McGregor Shoes agrees with or endorses such opinions.

ARTICLE 24 – Void where prohibited

Although the site is accessible worldwide, not all products described or sold on it are available to everyone or in all geographic areas or jurisdictions. McGregor Shoes only offers and sells products to residents of the European Union and only ships packages to addresses within the European Union. McGregor Shoes Shoes reserves the right, for any reason, to limit the availability of the site and/or the supply of any product and/or the quantity thereof, to any person, geographic area or jurisdiction. Any offer for any product made on this site is not valid where not permitted. Use of this site is not permitted in any jurisdiction where (1) the entire scope of these terms and conditions is not valid or (2) the site or any portion thereof violates any provision of law applicable there.

ARTICLE 25 – Code of Conduct

You agree:

  • not restrict or prohibit other users from using this site and its services;
  • Transmit any unlawful, fraudulent, threatening, abusive, defamatory, obscene or otherwise objectionable or harmful information or material or any information or material that incites or encourages actionable conduct or could give rise to liability or otherwise violate any provision of law;
  • Transmit any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component;
  • not transmit any material that infringes the intellectual property rights of any third party;
  • not use this site for any commercial or unlawful purpose;
  • not modify, adapt, resell, translate, sell, reverse engineer, disassemble or reassemble anything on this site.

ARTICLE 26 – Indemnification

You agree to indemnify and hold harmless McGregor Shoes from and against any claims, damages and costs (including all reasonable attorneys' fees incurred in any arbitration proceeding, litigation or appeal) that arise, directly or indirectly, from your violation of any provision of these Terms and Conditions (including violation of the Code of Conduct) and/or from any other activities you undertake or have undertaken, related to this site or the products discussed, offered or sold on it. This section shall survive termination, for any reason, of any agreement to which these terms and conditions apply and also after termination of your use of this site.

ARTICLE 27 - Purchases

If you wish to purchase products offered on this site, you may be asked to provide certain information, including but not limited to credit card or other payment information. Such information will be kept confidential by McGregor Shoes. You warrant that all information you provide is accurate, complete and current. You agree to pay all charges incurred by users of your account, credit card or other payment methods, and to pay the prices in effect at the time you purchase the products. You are also responsible for paying any taxes and duties (other than VAT) that apply or may apply to your purchase. The prices on the site are in Euros and include VAT.

ARTICLE 28 – Letters, questions, comments and assessments

You acknowledge and agree that by McGregor Shoes sending you questions, comments and/or product reviews (of McGregor Shoes products or other brands' products), in writing or by email, you give irrevocable permission to use, display, reproduce, publish, modify, transmit, distribute, etc., free of charge, at any time, worldwide, broadcast, modify, adapt, distribute, translate and transmit them (in whole or in part) and/or incorporate them as part of other works, in any form, medium or technology now known or hereafter developed, for the entire term of any existing copyright in the material. You further represent and warrant that, by sending material to McGregor Shoes or McGregor Shoes you are authorized and entitled to grant and transfer such rights and that the material you send does not violate any rights of any third party including, but not limited to, copyright, trademark or any other intellectual property right or any right of privacy and personal liberty.

ARTICLE 29 - Use of passwords

Use of any password-protected area of the site is reserved solely for the person who has permission and a password to log into such area of the site (the "Authorized Party"). The password is not transferable and the Authorized Party is responsible for any and all damages of any kind that McGregor Shoes may suffer as a result of distributing or making available (intentionally or unintentionally) his or her password.

ARTICLE 30 – Changes

McGregor Shoes has the right at any time to (1) change these terms and conditions, (2) change the site, including removing or discontinuing any content or aspect of the site, adjusting the hours that the site is available, limiting how often it may be used, and (3) change (subscription) fees for using this site, including establishing new or additional fees for using the site or related services or aspects. These Terms and Conditions may be modified by McGregor Shoes at any time by posting the modified Terms and Conditions on the Site. Continued use of the site, after we have publicly posted these changes, means that you agree to these changes.

ARTICLE 31 - Miscellaneous

Dutch law is applicable to these general terms and conditions and all agreements to which these general terms and conditions apply and you agree to an express choice for the applicability of Dutch law. Each party to an agreement to which these general terms and conditions apply further agrees that any disputes arising from or in connection with such an agreement, and which have not been resolved after possible recourse to the Disputes Committee referred to in article 15, shall be settled exclusively by the District Court in Amsterdam and irrevocably undertakes not to raise any plea of lack of jurisdiction or other objection against this Court. If a (provision of such) agreement has to be enforced in court, the party found to be in the right is entitled to reimbursement of the costs of the proceedings and reasonable costs of legal assistance. If any provision of these general terms and conditions is held by a court or other competent authority to be void or unenforceable, such provision shall lapse or be limited but only to the extent necessary and in such a way that the other provisions of the agreement shall remain valid and enforceable. Any previous or contemporaneous written or verbal agreements that may exist shall lapse if an agreement is entered into to which these general terms and conditions apply; in that case, only the provisions of these terms and conditions shall apply. A mere waiver by one party of any rights or claims based on non-performance or default of the other party shall not be deemed to be a waiver of any prior or subsequent or successive non-performance or default. Any title, paragraph title or heading in these terms and conditions is there for convenience only and is in no way an explanation or definition of any paragraph, text or condition described therein.

Download the Model Cancellation Form here.

 

Gift voucher conditions

In addition to our General Conditions of Sale, these Gift Voucher Terms and Conditions apply to Gift Vouchers issued by McGregor Shoes. By using a McGregor Shoes gift voucher, you accept these gift voucher conditions and undertake to comply with them.

  1. These conditions apply to all gift certificates issued by McGregor Shoes (both electronic and printed gift certificates, paper gift certificates and as gift cards) (hereinafter collectively: "Gift Certificates") sold by McGregor Shoes and third parties designated by McGregor Shoes.
  2. Each Gift Voucher has a unique code. This may be a number code and/or pin code and/or text code. Each Gift Voucher is issued only once. You must keep the Gift Voucher (including the code) carefully. In case of theft (including the use of the code by unauthorized third parties) or loss (including accidental deletion), no compensation will be paid. Only original Gift Certificates and codes can be used and must be provided to McGregor Shoes upon request. McGregor Shoes reserves the right to accept a Gift Voucher only after receipt of the original Gift Voucher (in case of electronic Gift Voucher the e-mail sent to you by McGregor Shoes or a third party designated by McGregor Shoes and containing the code) and in case of improper use to still require payment in cash. If a Gift Certificate was purchased from a third party, you should carefully keep the receipt and top-up receipt and present them to McGregor Shoes upon request.
  3. To use a Gift Voucher you need to place your selected products in the "shopping cart". During the payment process, select "Gift Voucher" as the payment method and enter the exact code.
  4. The nature, value, duration, expiration date and/or any applicable other specific terms of use can be found on the Gift Voucher/or in the communication (e-mail) in which the code is included. Each Gift Voucher is valid for a certain period of time. After the expiration date the Gift Voucher can no longer be used.
  5. Gift Coupons issued by McGregor Shoes and/or third parties designated by McGregor Shoes can only be redeemed in respect of purchases via the official McGregor Shoes webshop.
  6. Gift certificates cannot be used for open orders.
  7. Gift certificates or their residual value are not redeemable for cash.
  8. Gift Vouchers are not subject to the right of withdrawal. Gift Certificates cannot be returned.
  9. The residual value of the Gift Voucher can be used for subsequent orders. This value is visible in the user's account. The residual value is not transferable and can only be used from the same account as where the first use of the Gift Voucher took place and during the validity period of the Gift Voucher.
  10. All information regarding code, residual value and expiration date of already used Gift Vouchers is also available via the account overview on the McGregor Shoes website.
  11. If the total amount of the order exceeds the value of the used Gift Voucher(s), the difference must be paid with one of the other payment methods: acceptgiro, credit card, discount code, iDEAL or Maestro.
  12. In the event that McGregor Shoes under Article 9.2 of the General Terms and Conditions of Sale, proceeds to refund (part of) the invoice value, if, in addition to one or more Gift Vouchers, payment has also been made by giro or credit card, refunds will take place as far as possible by increasing the Gift Voucher balance in your account. If this is not sufficient, the remainder will be refunded by means of a cash refund of the (remaining) amount paid by means of a giro slip or credit card. If only one or more Gift Vouchers have been used for payment, in these cases restitution will take place by increasing the Gift Voucher balance.
  13. It is not permitted to change, falsify, undermine or otherwise impair (including hacking) Gift Vouchers or their operation.
  14. Any (attempted) fraud or other unauthorized act will be registered and will result in the denial of the use of Gift Cards.
  15. It is not permitted to use Gift Vouchers in any way for commercial purposes and/or other purposes than those for which they were issued.
  16. These Gift Voucher Terms and Conditions may be amended from time to time. We recommend you to consult the Gift Voucher Conditions each time before using a Gift Voucher. If you continue to use Gift Vouchers after the changes have taken effect, you there by accept the changed Gift Voucher Conditions.
  17. Per order, you can redeem an unlimited amount of Gift Certificates or a combination of up to 1 discount code and an unlimited amount of Gift Certificates.
  18. 18.If you have any questions or comments about using the Gift Certificates or problems redeeming them, please let us know as soon as possible by contacting our Customer Service Team. McGregor Shoes will then process your email as soon as possible.