All orders and products ordered from Shoebrand B.V.(address: Hoogstraat 117, 5061 ET, Oisterwijk The Netherlands, Chamber of Commerce nr.: 58707530, Taxnumber: NL8531.47.784 B01, Phonenumber: +31 (0)13 762 04 60) “Customer” are subject to the following terms and conditions. Placement of any order or acceptance of any products by Customer constitutes acceptance of these Terms and Conditions.
Shoebrand B.V. warrants all products to be free from defects in materials and workmanship for a period of twelve (12) months from the date of purchase if used for their intended purpose. Shoebrand B.V. is guaranteed from defects, but not from snags caused by the consumer.
EXCEPT AS EXPRESSLY SET FORTH HEREIN SHOEBRAND B.V. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED REGARDING ITS PRODUCTS. SHOEBRAND B.V. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SHOEBRAND B.V. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Unless otherwise agreed by Shoebrand B.V. in writing, all terms are Net from the date of shipping. Accounts unpaid after the due date are subject to a 1% (or the maximum allowed by law if lower) monthly finance charge until paid. Delinquent accounts and customers over their assigned credit limit may have orders placed on a credit hold until current and a deposit or prepayment may be required.
All prices are included of State or Federal taxes of any type. Prices are subject to change by giving three months’ written notice and all orders are subject to the acceptance of Shoebrand B.V..
Returns & Discrepancies
No returns shall be made without prior authorization from Shoebrand B.V. for good cause. Customers must notify Shoebrand B.V. within 14 days of receipt of the order of any discrepancies in quantity, sizing, and price. All returns must be received within 30 days of the original invoice date. Returns, other than warranty returns, received after 30 days will be refused. All returns require an authorization number, which can be obtained from a customer service representative. All shipping costs for returns and subsequent reships are the responsibility of customer. All returns including those of defective items require the original invoice. Each item returned will be inspected. Determination of good cause and replacement or reimbursement is at the discretion of Shoebrand B.V. Any reimbursement shall be in the form of a credit to the customer account.
All intellectual property, including but limited to copyrights, trademarks and trade dress, in Shoebrand B.V. products or packaging shall remain the property of Shoebrand B.V.. All rights are reserved. No license to use such materials is granted except as those licenses normal and customary in the industry to the distribution, sale or use of such products and packaging.
Customer hereby warrants that all custom ordered products and packaging for which Customer provides the specifications, shall and do not violate the rights of any third party. Customer hereby agrees to indemnify and defend Shoebrand B.V. from any third-party claims or allegations regarding custom products.
Jurisdiction and Disputes
Customer agrees that any dispute between Customer and Shoebrand B.V. shall be controlled by the laws of the state of The Netherlands. The parties consent to and agree that the exclusive jurisdiction and venue for any such disputes shall be the courts located in Tilburg, The Netherlands. Shoebrand B.V. shall be entitled to recover its attorneys´ fees and costs in any action or legal proceedings necessary to enforce these terms.
Amendments and Modifications
Shoebrand B.V. reserves the right to change these terms at any time without notice. Placement of any order or acceptance of any products shall constitute acceptance of the then-current terms.
These terms shall not be changed by the Customer without an agreement in writing and signed by Shoebrand B.V.. Any terms written on purchase orders, specifications, requests, acceptances or other materials, which purport to change or contradict these terms, shall not apply unless and until Shoebrand B.V. specifically agrees to such terms in writing. The failure of Shoebrand B.V. at any time or times to require performance by Customer of any provision of this Agreement shall not be construed to be a waiver of any succeeding breach of the provision or a waiver of the provision.
Shoebrand B.V. reserves the right to cancel any order until shipped or payment is received, whichever is later. Shoebrand B.V. reserves the right to cancel or modify any order if necessary to comply with FDA or other applicable government regulations.
Suggested codes are intended for information purposes only, and reflect Shoebrand B.V.’s understanding of select Medicare rules and policies. Persons and entities participating in the Medicare program are responsible for understanding all applicable Medicare policies before submitting claims for payment to the program, and should use this information only as a guide. Failure to comply with such rules and requirements can have serious consequences. Customers with questions should contact their local DMERC or the Statistical Analysis Durable Medical Equipment Regional Carrier for guidance on the correct coding of these inserts. Shoebrand B.V. is not responsible or liable for any incorrect use of suggested codes. Codes are subject to change without notice.