Terms and Conditions

Welcome to Footr. These terms and conditions apply to the use of our website https://footr.nl and to all orders placed through our online store.

Footr is operated by ROAS Brands VOF. In these terms and conditions, "Footr", "we", "us", or "our" refers to ROAS Brands VOF, operating as Footr.

By placing an order through our online store, you agree to these terms and conditions. Please read them carefully before placing an order.

Nothing in these terms and conditions limits or excludes any rights you have as a consumer under mandatory Dutch or European consumer law.

1. Company details

ROAS Brands VOF
Operating as: Footr
Address: Vakwerkbrug 24, 6846 SG Arnhem, Netherlands
Chamber of Commerce number: 97970743
VAT number: NL868308560B01
Email: support@footr.nl
Website: https://footr.nl

2. Applicability

These terms and conditions apply to every offer made by Footr, every order placed through our online store, and every agreement between Footr and the customer.

Before completing an order, you will have the opportunity to review these terms and conditions and the relevant policies of our online store.

In addition to these terms and conditions, the following policies, among others, may apply:

In the event of a conflict between these terms and conditions and mandatory consumer law, the applicable legislation shall prevail.

3. Use of our website

You may use our website solely for lawful purposes.

The following is not permitted:

  • to use our website for fraudulent, unlawful, or harmful activities;
  • to provide false, misleading, or inaccurate information;
  • to infringe the intellectual property rights of Footr or third parties;
  • to distribute viruses, malware, or other malicious code;
  • to circumvent or disrupt security measures of our website;
  • to collect personal data of other users without authorization;
  • to scrape, copy, or misuse our website or parts thereof in an automated or excessive manner for commercial purposes;
  • to carry out activities that may disrupt the operation, security, or availability of our website.

We may restrict access to our website where reasonably necessary for security, maintenance, fraud prevention, or compliance with legal obligations.

4. Product information

We do our best to describe our products as fully, clearly, and accurately as possible. Where relevant, this includes information about characteristics, materials, sizes, colors, use, and price.

Due to differences between screens, lighting, and photography, colors on a screen may differ slightly from the physical product. Such limited visual differences do not affect your statutory rights when a product does not conform to the agreement.

Images are intended to represent the product offered as accurately as possible. The product description and the information displayed during the ordering process partly determine what you may reasonably expect from the product.

We reserve the right to adjust our product ranges, product information, and availability. We will not unilaterally modify agreements already concluded to the detriment of the consumer as a result.

5. Health and Product Information

Certain Footr products may be intended to provide comfort, support, or stability. General information on our website about such products is provided solely as product information and does not replace professional medical advice, diagnosis, or treatment.

If you have an injury, medical condition, persistent pain, or doubt whether a product is suitable for your situation, we recommend consulting a qualified healthcare professional.

This article does not limit our statutory liability for a defective or unsafe product and does not limit your statutory consumer rights.

6. Orders

By placing an order through our online store, you indicate that you wish to purchase the selected product at the displayed price.

Before you definitively place the order, you will have the opportunity to check and, where necessary, correct the key order details, including the product, quantity, price, delivery details, and any shipping costs.

After placing an order, you will receive a confirmation at the email address you provided. Keep this confirmation for your records.

We may refuse or cancel an order only when there is a reasonable and justified basis for doing so, for example:

  • when the product turns out to be unavailable;
  • when the payment cannot be processed;
  • when there is an obvious pricing or input error that is recognizable as such to the consumer;
  • when we reasonably suspect fraud or abuse;
  • when fulfilling the order would be contrary to the law.

When we cancel an order that has already been paid for, we will refund the amount you paid for that canceled order using the original payment method, unless we agree on another refund method.

7. Prices

All prices displayed to consumers in our online store are in euros (EUR) and include applicable VAT, unless clearly stated otherwise.

Any shipping costs or other applicable charges will be clearly displayed before you definitively place the order.

The total price displayed during checkout before you confirm the order is the amount charged for that order, except in the event of an obvious and recognizable pricing error.

We may change prices for future orders. A price change does not affect an order for which an agreement has already been concluded.

8. Discounts and Promotions

From time to time, we may offer discounts, discount codes, or other promotions. Such promotions may be subject to additional conditions, such as a validity period, minimum order amount, or limitation to certain products.

Any applicable conditions will be clearly stated with the relevant promotion.

Discounts and price comparisons are displayed in accordance with applicable consumer law. When we use a previous price to indicate a price reduction, we will comply with the applicable statutory rules.

9. Payment

The payment methods available during checkout are displayed in our online store. The payment methods actually available may depend on the country, device, and payment provider selected.

You are responsible for providing accurate and complete payment and billing information.

Payments may be processed by Shopify Payments or other external payment service providers. The payment service provider used depends on the payment method selected.

We do not ourselves store all complete payment card details when they are processed directly by an authorized payment service provider.

10. Shipping and Delivery

Information about our current processing times, estimated delivery times, shipping methods, and any shipping costs can be found in our Shipping Policy.

The delivery times displayed before purchase are estimated delivery times, unless a fixed delivery date has expressly been agreed.

We do our best to process and deliver orders within the communicated timeframe. If a delivery is delayed, we will provide appropriate information where reasonably possible.

A delay caused by a carrier does not automatically release Footr from obligations that we have toward you under applicable consumer law.

11. Risk During Shipping

In a consumer sale, the risk of loss of or damage to the products generally remains with Footr until you, or a third party designated by you other than the carrier, have physically received the product.

If you choose a carrier that was not offered by Footr as a delivery option, the risk may transfer earlier in accordance with applicable law.

If you receive a damaged package or an order is missing while the tracking information indicates that it has been delivered, please contact us as soon as possible via support@footr.nl, so that we can investigate the situation.

12. Right of withdrawal

When you, as a consumer, purchase a product online, you generally have the statutory right to withdraw from the agreement within 14 days of receiving the product without giving a reason, unless a statutory exception applies.

Where multiple products from one order are delivered separately, the statutory withdrawal period generally begins on the day after the last product is received, insofar as required by law.

To exercise the right of withdrawal, you must clearly inform us within the applicable period that you wish to withdraw from the agreement. This may be done, among other ways, via support@footr.nl.

Following notification of withdrawal, you must return the products within the legally applicable period in accordance with the instructions in our Returns and Refund Policy.

13. Return costs

If you exercise the statutory right of withdrawal, you may be responsible for the direct costs of returning the product where we correctly informed you of this before purchase.

If the product is defective, damaged, or incorrectly delivered and Footr is responsible for this, your statutory rights are not limited by any provision concerning standard return costs.

More information about returns can be found in our Returns and Refund Policy.

14. Handling of returned products

During the withdrawal period, you may inspect and assess the product to the extent reasonably necessary to establish its nature, characteristics, and functioning, comparable to what you would be permitted to do in a physical store.

If a product has been used beyond what is necessary to establish its nature, characteristics, and functioning, you may be liable for any resulting reduction in value in accordance with applicable law.

This is separate from any additional commercial guarantees that Footr expressly offers for certain products. If a product page mentions an additional trial or satisfaction guarantee, the specific terms of that guarantee also apply.

15. Exceptions to the right of withdrawal

The statutory right of withdrawal is subject to certain exceptions. These exceptions apply only insofar as they apply under applicable law.

An exception may, for example, apply to sealed products that are unsuitable for return for reasons of health protection or hygiene once the seal has been broken after delivery.

Where a statutory exception applies to a specific product, we will clearly state this before purchase where required.

16. Refunds Following Withdrawal

When you validly withdraw from the agreement, we will refund the amounts to which you are legally entitled.

In the event of a full withdrawal, this will in principle also include the cost of our cheapest standard delivery, insofar as it was originally charged. We do not have to refund any additional costs resulting from your choice of a more expensive delivery method than our standard delivery.

We will issue the refund within the statutory period. To the extent permitted by law, we may wait to issue the refund until we have received the product or until you have demonstrated that you have returned the product, whichever occurs first.

Refunds will in principle be made using the same payment method used for the original transaction, unless otherwise agreed.

17. Statutory Warranty and Conformity

You are entitled to a product that conforms to the agreement. This means, among other things, that the product must have the characteristics that you could reasonably expect based on the agreement, product description, price, and other relevant circumstances.

The statutory warranty and conformity rights apply in addition to any commercial warranties that we voluntarily offer.

If a product does not conform to the agreement, you have the rights granted to you by applicable Dutch and European consumer law. Depending on the circumstances, these may include repair, replacement, a price reduction, or termination of the agreement.

A commercial warranty, return period, or other voluntary arrangement offered by Footr does not limit your statutory warranty rights.

If you have a problem with a product, please contact us via support@footr.nl and, where possible, state your order number and provide a clear description of the problem.

18. Complaints

If you have a complaint about a product, order, or our services, please contact us via support@footr.nl.

We will carefully assess complaints and respond within a reasonable period.

Filing a complaint with Footr does not limit your right to use other legal remedies or to seek advice or assistance from a competent consumer or supervisory authority.

19. Accounts

When our online shop offers the option to create a customer account, you are responsible for keeping your login credentials confidential and for providing accurate account information.

Contact us immediately if you suspect that someone has accessed your account without authorisation.

We may restrict or block an account where reasonably necessary due to fraud, abuse, security issues or a serious breach of these terms.

Blocking an account does not affect existing legal rights relating to orders already placed.

20. Reviews and Other Customer-Provided Content

When you voluntarily provide Footr with a review, image, video or other content with the intention that it be displayed on our website or marketing channels, you grant us a non-exclusive, worldwide, royalty-free licence to use, display and technically modify that content for that purpose.

You represent that you are entitled to provide the relevant content and that it does not infringe the rights of others.

Reviews must be based on a genuine experience and may not contain knowingly false, misleading, offensive, unlawful or fraudulent information.

Where compensation, a discount, a free product or other incentive has been provided for a review, this must be disclosed to the extent required by law.

We may remove or reject content when it is demonstrably unlawful, fraudulent, irrelevant, offensive, spam or otherwise in breach of these terms. We will not alter the meaning of an authentic customer review to make it appear misleadingly more positive or negative.

21. Intellectual Property

Unless otherwise stated, the texts, images, videos, logos, trade names, designs and other content on our website belong to Footr, ROAS Brands VOF or the relevant rights holder and are protected by applicable intellectual property rights.

You may view and use our website for personal and non-commercial purposes.

Without prior written permission, you may not copy, publish, distribute, modify or commercially exploit Footr’s protected content on a commercial scale, except where permitted by law.

Third-party trademarks, logos and other content remain the property of their respective rights holders.

22. Third-Party Services and Links

Our website may use third-party services, applications or links, for example for payments, shipping, analytics, customer service or social media.

For services provided directly to you by a third party, that third party’s terms and privacy policy may apply.

We are not responsible for the content of external websites over which we have no control. However, this does not exclude liability that cannot be excluded under applicable law.

23. Shopify

Our online store is technically hosted through Shopify.

Shopify provides the e-commerce platform through which we operate our online store, but the purchase agreement for products sold through Footr is concluded between you and ROAS Brands VOF, trading through Footr.

Footr is responsible for the products we sell, the fulfilment of orders, customer service, shipping, returns, refunds and compliance with applicable consumer legislation.

For information about the processing of personal data by Footr and Shopify's role, please refer to our Privacy Policy.

24. Privacy

We process personal data in accordance with our Privacy Policy and applicable privacy legislation.

Among other things, it explains which personal data we collect, why we process it, with which categories of parties data may be shared and which privacy rights you have.

25. Errors and obvious mistakes

Despite our efforts, our website may occasionally contain a technical, typographical or administrative error, for example in a product description, price, availability or delivery time.

We may correct such errors as soon as we discover them.

Where there is an obvious error that should have been clearly recognisable to an average consumer, consequences may be attached to the relevant order to the extent permitted by law.

We will not arbitrarily cancel an order because a normal price change after the agreement was concluded is disadvantageous to us.

26. Website availability

We aim to keep our website secure and available, but cannot guarantee that the website will be available at all times without interruption or technical errors.

We may temporarily take the website wholly or partially offline for maintenance, security, updates or technical work.

This article does not affect obligations we already have towards customers under concluded purchase agreements.

27. Liability

Footr is liable for damages to the extent required under applicable law.

Nothing in these terms and conditions is intended to exclude or limit liability where such exclusion or limitation is not permitted under applicable law.

In particular, these terms and conditions do not limit your statutory rights as a consumer and do not exclude liability for damage for which liability cannot be excluded under mandatory law.

To the extent permitted by law, we shall not be liable for damage caused exclusively by:

  • incorrect or improper use of a product contrary to clear instructions for use;
  • incorrect information provided by the customer that was necessary for the proper performance of the contract;
  • circumstances beyond our reasonable control, insofar as we have properly fulfilled our own statutory obligations.

28. Force majeure

If we are temporarily unable to fulfil our obligations as a result of a circumstance reasonably beyond our control, we will take appropriate measures to limit the consequences as much as possible and inform the customer where necessary.

A reliance on force majeure does not limit the mandatory rights that a consumer has in the situation concerned, including any rights arising if an order is ultimately not delivered.

29. Severability

If any provision of these general terms and conditions proves to be wholly or partially invalid, void, or unenforceable, the remaining provisions shall remain in force.

The provision concerned shall, insofar as possible, be replaced or interpreted in a manner that most closely approximates the original purpose and is consistent with applicable law.

30. No waiver of rights

If we do not immediately exercise a particular right under these terms and conditions, this does not mean that we waive that right.

Nor does a single exception or concession mean that we are obliged to apply the same exception in future situations.

31. Amendments to these general terms and conditions

We may amend these general terms and conditions from time to time, for example as a result of changes to our services, business operations, or applicable legislation.

The most recent version is published on our website and states the date of the latest amendment at the top.

As a rule, amendments apply to future orders and do not have adverse retroactive effect on contracts already concluded, unless this is permitted by law and is reasonable.

32. Applicable law

Contracts with Footr are governed by Dutch law.

If you reside as a consumer in another EU Member State, this choice of law does not affect the mandatory consumer protection to which you are entitled under the laws of your country of residence.

Disputes may be submitted to the competent court in accordance with the applicable rules on consumer contracts and jurisdiction.