Terms & Conditions
These Terms and Conditions apply to purchases made through the Schwartz & von Halen online store. Please read them carefully before placing an order.
Nothing in these Terms and Conditions limits or excludes any mandatory consumer rights granted to you under the applicable laws of your country of residence.
1. Identity of the Company
Company: Schwartz & von Halen B.V.
Registered address: Keizersgracht 482, 1017 EG Amsterdam, the Netherlands
Email: info@schwartz-vonhalen.com
Chamber of Commerce number: 77403398
VAT identification number: NL860997406B01
2. Applicability
2.1 These Terms and Conditions apply to all offers, orders, purchases and agreements concluded through the Schwartz & von Halen online store.
2.2 Before an order is placed, these Terms and Conditions are made available electronically in a way that allows the customer to save or print them.
2.3 By placing an order, you confirm that you have read and accepted these Terms and Conditions.
2.4 If any provision of these Terms and Conditions conflicts with mandatory consumer law, the applicable mandatory consumer-law provision will prevail.
2.5 We may amend these Terms and Conditions from time to time. The version that applies to your purchase is the version published on our website when you place your order.
3. Products and Product Information
3.1 We take reasonable care to describe and display our products as accurately as possible.
3.2 Product photographs are intended to provide a fair representation of the products. Colours may appear slightly different depending on your screen settings, lighting conditions and the natural characteristics of the materials.
3.3 Products made from natural materials, including leather, suede, wool, cashmere and sheepskin, may show minor variations in colour, grain, texture, markings or finish. These variations are natural characteristics and do not necessarily constitute defects.
3.4 Product measurements, weights, colours and dimensions are approximate unless expressly stated otherwise.
3.5 All products are subject to availability. Adding a product to your shopping cart does not reserve it.
3.6 We reserve the right to make minor changes to product specifications where these changes do not materially affect the quality, appearance or intended use of the product.
4. Orders and Formation of the Agreement
4.1 You can place an order by completing the checkout process and clicking the button confirming that the order involves an obligation to pay.
4.2 Before submitting your order, you will have the opportunity to review and correct the products, quantities, delivery details and payment information.
4.3 After placing an order, you will receive an electronic confirmation. The purchase agreement is concluded when we accept your order and send you an order confirmation.
4.4 An automatically generated acknowledgement of receipt does not necessarily mean that an order has been accepted.
4.5 We reserve the right to refuse or cancel an order where:
- The product is unavailable;
- The payment cannot be authorised or appears fraudulent;
- The delivery information is incomplete or incorrect;
- There is an obvious error in the price or product information;
- The order appears to have been placed for unauthorised commercial resale;
- We are unable to deliver to the address provided; or
- We are legally required to refuse or cancel the order.
4.6 If we cancel an order after payment has been received, the amount paid will be refunded using the original payment method.
4.7 Orders may only be placed by persons who are legally capable of entering into a binding agreement. If you are under the legal age required in your country, an order may only be placed with the permission of a parent or legal guardian.
5. Prices and Taxes
5.1 Product prices are displayed in the currency applicable to the selected country or market.
5.2 Prices displayed to consumers within the European Union include applicable value-added tax unless expressly stated otherwise.
5.3 Delivery charges and any other applicable charges will be displayed before you complete your order.
5.4 The total price payable, including applicable taxes and disclosed charges, will be shown at checkout before you confirm the order.
5.5 Prices may change at any time, but changes will not affect orders that we have already accepted.
5.6 Despite our reasonable efforts, a product may occasionally be displayed with an incorrect price. If an obvious pricing error occurs, we may cancel the order and refund the amount paid or contact you to ask whether you wish to proceed at the correct price.
5.7 Promotional prices, discount codes and special offers are subject to the conditions stated with the relevant promotion and cannot be applied retrospectively unless expressly stated otherwise.
6. Payment
6.1 Available payment methods are shown during checkout and may vary by country.
6.2 Payment must be completed using one of the payment methods offered at checkout.
6.3 Payments may be processed by independent payment service providers. Their separate terms and privacy policies may also apply.
6.4 By submitting payment information, you confirm that you are authorised to use the selected payment method.
6.5 We may conduct reasonable fraud-prevention and identity-verification checks before accepting or dispatching an order.
6.6 If payment is refused, reversed, cancelled or otherwise not completed, we may suspend or cancel the order.
7. Delivery
7.1 We deliver to the countries and locations available during checkout.
7.2 Estimated delivery times are shown on our website or during checkout. Delivery times are estimates unless a specific delivery date has been expressly agreed.
7.3 Unless another delivery period has been agreed, we will deliver your order without undue delay and no later than 30 days after the agreement is concluded.
7.4 Delivery may be delayed by circumstances outside our reasonable control, including severe weather, transport disruptions, customs procedures, strikes, peak-season demand or other force-majeure events.
7.5 If we cannot deliver within the agreed period, you may ask us to complete delivery within an additional reasonable period. If we still fail to deliver within that additional period, you may terminate the agreement and receive a refund.
7.6 Where delivery by a particular date is essential and this was clearly communicated to and accepted by us before the order was placed, you may have the right to terminate the agreement if the order is not delivered by that date.
7.7 You are responsible for providing a complete and accurate delivery address. We are not responsible for delays caused by incorrect or incomplete information provided by you.
7.8 Additional costs resulting from an incorrect address, an uncollected parcel or repeated unsuccessful delivery attempts may be charged to you where permitted by law.
7.9 If an order contains multiple products, they may be delivered in separate parcels.
7.10 Risk of loss or damage passes to you when you, or a third party designated by you other than the carrier, takes physical possession of the products.
7.11 If you independently arrange for a carrier that was not offered by us, risk may pass to you when the products are handed to that carrier, subject to applicable law.
8. Pre-Orders
8.1 Products marked as pre-order are not immediately available for dispatch.
8.2 The expected shipping or delivery period will be shown on the relevant product page. This period is an estimate and may change due to production, transport or other circumstances outside our reasonable control.
8.3 Payment for a pre-order may be taken when the order is placed.
8.4 If an order contains both in-stock and pre-order products, the products may be shipped together or separately, depending on the options and information provided during checkout.
8.5 If a pre-order is significantly delayed, we will inform you. You may be entitled to cancel the affected product and receive a refund.
8.6 Your statutory right of withdrawal is not affected by the fact that a product was purchased as a pre-order.
9. Statutory Right of Withdrawal
9.1 If you are a consumer purchasing online within the European Union or another country providing an equivalent statutory right, you generally have the right to withdraw from the purchase agreement within 14 days without giving a reason.
9.2 For the purchase of goods, the withdrawal period begins on the day after you, or a third party designated by you other than the carrier, receives the goods.
9.3 If multiple products from one order are delivered separately, the withdrawal period begins on the day after you receive the final product.
9.4 To exercise your statutory right of withdrawal, you must inform us of your decision before the withdrawal period expires. You may contact us by email at info@schwartz-vonhalen.com or use the return procedure available on our website.
9.5 Your communication must clearly state that you wish to withdraw from the purchase agreement. You may use the model withdrawal form included at the end of these Terms and Conditions, but its use is not mandatory.
9.6 After notifying us of your withdrawal, you must return the products without undue delay and no later than 14 days after the date on which you informed us of your decision.
9.7 You are responsible for the direct costs of returning the products unless we expressly state otherwise or the product is defective, incorrect or damaged upon delivery.
9.8 You are responsible for any reduction in the value of the products resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.
9.9 You may examine a product in the same way as you reasonably would in a physical shop. Products should not be worn for longer than necessary to assess their fit, appearance and comfort.
9.10 We may reduce the refund to reflect any loss in value caused by unnecessary or excessive handling, subject to applicable law.
10. Voluntary 60-Day Return and Exchange Policy
10.1 In addition to your statutory rights, Schwartz & von Halen offers a voluntary return period of up to 60 days from the date on which you receive your order.
10.2 The voluntary return policy does not limit or replace your statutory 14-day right of withdrawal or your rights relating to defective products.
10.3 To qualify for a return under the voluntary 60-day policy, products must:
- Be unworn, unused and undamaged;
- Be clean and free from marks, odours, hair or other signs of use;
- Have all original labels and tags attached where applicable;
- Be returned with the original packaging and included accessories where reasonably possible; and
- Be accompanied by sufficient order information to identify the purchase.
10.4 Trying on gloves indoors for the purpose of checking the size and fit is permitted, provided they are not otherwise used or damaged.
10.5 You are responsible for the cost of returning products under the voluntary return policy unless we expressly state otherwise.
10.6 Any original delivery charges are refunded only where required under the statutory right of withdrawal or applicable law. Original delivery charges are not necessarily refunded for returns made after the statutory withdrawal period under our voluntary return policy.
10.7 We recommend using a tracked return service and retaining proof of postage. You remain responsible for the return parcel until it is received by us or our designated return partner.
10.8 Products returned outside the applicable return period or products that do not meet the return conditions may be refused or returned to you.
10.9 Detailed return instructions and the applicable return address are provided on our Returns & Exchanges page. Products must not be returned to our registered office or warehouse unless we have specifically instructed you to do so.
11. Exchanges
11.1 Where available, you may request an exchange for another size, colour or product through the return procedure on our website.
11.2 Exchanges are subject to product availability.
11.3 If the requested replacement product is unavailable, we may issue a refund instead.
11.4 If the replacement product has a different price, you may be required to pay the difference or may receive a refund of the difference, depending on the exchange method available.
11.5 We may require you to return the original product before dispatching the replacement.
12. Exceptions to the Right of Withdrawal and Return Policy
12.1 The statutory right of withdrawal and our voluntary return policy may not apply to:
- Products made to your specifications or clearly personalised;
- Products that are unsuitable for return for health-protection or hygiene reasons and were supplied in sealed packaging that has been opened, where the legal exception applies;
- Gift cards or vouchers that have been fully or partially redeemed;
- Products that have been altered, repaired, cleaned or damaged after delivery;
- Products showing signs of wear beyond what is necessary to assess their nature, characteristics and functioning; or
- Any other products excluded from the right of withdrawal by applicable law.
12.2 An exclusion will only be applied where permitted by applicable law and where the relevant conditions have been satisfied.
13. Refunds
13.1 Where you validly exercise your statutory right of withdrawal, we will refund the payments received from you for the returned products, including the cost of the least expensive standard delivery method offered for the original order.
13.2 Additional delivery costs resulting from your choice of an enhanced, premium or express delivery method are not refundable unless required by law.
13.3 We will process the refund without undue delay and no later than 14 days after being informed of your decision to withdraw.
13.4 We may withhold the refund until we have received the returned products or until you provide evidence that you have sent them back, whichever occurs first.
13.5 Refunds will ordinarily be made using the same payment method used for the original transaction unless expressly agreed otherwise.
13.6 We will not charge an additional fee for issuing the refund. Your payment provider may require additional processing time before the refund appears in your account.
13.7 Refunds under the voluntary 60-day return policy will be processed after the returned products have been received and inspected.
13.8 Where a discount was applied to an order, the refund will be based on the amount actually paid for the returned product.
13.9 Where returning part of a promotional bundle means that the remaining products no longer qualify for a bundle discount or gift, we may recalculate the order or require the promotional gift to be returned, where this was clearly disclosed as part of the promotion and is permitted by law.
14. Free Gifts and Promotional Products
14.1 Free gifts and promotional products may be subject to minimum order values, availability and additional promotional conditions.
14.2 If you return products and the remaining order value no longer meets the conditions for receiving the free gift, the gift must also be returned unused and in its original condition.
14.3 If the free gift is not returned, we may deduct its stated retail value from your refund where this was clearly disclosed and is permitted by applicable law.
14.4 Free gifts have no cash alternative and cannot be exchanged for money unless otherwise stated.
15. Incorrect, Damaged or Defective Products
15.1 You should inspect your order within a reasonable period after delivery.
15.2 If a product is incorrect, incomplete, damaged during delivery or defective, please contact us as soon as reasonably possible at info@schwartz-vonhalen.com.
15.3 Please provide your order number, a description of the issue and, where reasonably requested, clear photographs showing the product and the problem.
15.4 Reporting a defect promptly can help us investigate the issue, but a failure to report it immediately does not remove any mandatory legal rights you may have.
15.5 Where a product does not conform to the purchase agreement, you may be entitled to repair, replacement, a price reduction or termination of the agreement and a refund, in accordance with applicable law.
15.6 We will bear reasonable return costs for products confirmed to be incorrect, damaged upon delivery or defective.
15.7 Please follow the return instructions supplied by our customer service team. We may not reimburse unauthorised or unnecessarily expensive return methods where a reasonable alternative was provided.
16. Legal Guarantee and Commercial Warranty
16.1 Products sold to consumers are covered by the mandatory legal guarantee applicable in the customer’s country of residence. Within the European Union, this generally includes a minimum legal guarantee period of two years from delivery.
16.2 The legal guarantee applies when a product does not conform to the agreement, does not match its description, is not fit for its normal purpose or does not have the quality and durability that may reasonably be expected.
16.3 The legal guarantee is separate from and is not limited by any voluntary commercial warranty offered by Schwartz & von Halen.
16.4 Any voluntary commercial warranty is provided in addition to your statutory rights and does not replace or reduce them.
16.5 Normal wear and tear, accidental damage, improper use, incorrect care, failure to follow care instructions, unauthorised alterations and damage caused after delivery are generally not considered manufacturing defects.
16.6 The natural ageing of leather, suede, wool, cashmere and other natural materials does not necessarily constitute a defect.
17. Product Care and Use
17.1 You are responsible for following the care and usage instructions supplied with the product or published on our website.
17.2 Leather-care products should be tested on a small, inconspicuous area before use.
17.3 Products intended for smooth leather may not be suitable for suede, nubuck or other delicate materials.
17.4 Leather gel and similar treatments should not be applied to suede products unless the product is expressly identified as suitable for suede.
17.5 We are not responsible for damage caused by improper cleaning, unsuitable care products, excessive heat, moisture, chemicals, misuse or failure to follow the applicable instructions, except where liability cannot legally be excluded.
18. Gift Cards and Promotional Codes
18.1 Gift cards and promotional codes are subject to the conditions stated when they are issued.
18.2 Promotional codes must be entered before completing the order and cannot be applied retrospectively unless we expressly agree otherwise.
18.3 Unless otherwise stated, only one promotional code may be used per order.
18.4 Promotional codes cannot be exchanged for cash and may not be sold, transferred or reproduced without permission.
18.5 We may cancel or refuse a promotional code where it has expired, was obtained unlawfully, is used contrary to its conditions or is affected by an obvious error.
18.6 Statutory rules relating to the validity and expiry of gift cards in your country remain applicable.
19. Promotions and Price Reductions
19.1 Promotions are valid for the period and subject to the conditions stated with the relevant promotion.
19.2 Promotional products and discounted products are subject to availability.
19.3 Promotions cannot be combined unless expressly stated otherwise.
19.4 When announcing a price reduction, we will display the reference price required under applicable consumer law.
19.5 We reserve the right to end or amend a promotion where necessary, provided this does not affect orders already accepted.
20. Retention of Ownership
20.1 Ownership of the products remains with Schwartz & von Halen until full payment has been received.
20.2 This provision does not affect the transfer of risk described in the delivery section or any mandatory consumer rights.
21. Website Use and Intellectual Property
21.1 All content on the Schwartz & von Halen website, including photographs, product descriptions, designs, logos, graphics, videos, text and software, is owned by or licensed to Schwartz & von Halen and is protected by intellectual-property laws.
21.2 You may use the website for personal, non-commercial shopping purposes.
21.3 You may not reproduce, copy, distribute, modify, publish, scrape, commercially exploit or otherwise use website content without our prior written permission, except where permitted by law.
21.4 You must not use the website in a way that damages, disrupts or interferes with its operation, security or availability.
22. Customer Reviews and Submitted Content
22.1 If you submit a review, photograph, comment or other content, you confirm that the content is accurate, lawful and based on your genuine experience where applicable.
22.2 Submitted content must not infringe third-party rights, contain unlawful or offensive material, disclose confidential information or contain misleading commercial content.
22.3 By submitting content, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, translate and adapt that content for our website, marketing and business communications, subject to applicable privacy and consumer laws.
22.4 We may moderate or remove submitted content where it violates these Terms and Conditions or applicable law.
23. Personal Data
23.1 We process your personal data in accordance with our Privacy Policy and applicable data-protection laws.
23.2 Personal data may be shared with trusted service providers where necessary to process payments, fulfil and deliver orders, provide customer service, prevent fraud or comply with legal obligations.
23.3 For more information about how we collect, use and protect personal data, please read our Privacy Policy.
24. Force Majeure
24.1 We are not responsible for a failure or delay in performing our obligations where the failure or delay is caused by circumstances outside our reasonable control.
24.2 Such circumstances may include natural disasters, severe weather, fire, flooding, epidemics, pandemics, war, civil unrest, terrorism, government action, strikes, transport disruption, customs delays, power failures, internet outages, cyber incidents, shortages or failures affecting suppliers or carriers.
24.3 Where such an event occurs, our obligations may be suspended for the duration of the event.
24.4 We will take reasonable steps to limit the effects of the event and resume performance as soon as reasonably possible.
24.5 If performance becomes impossible or is significantly delayed, you may have the right to terminate the affected agreement and receive a refund for products not supplied.
25. Liability
25.1 Nothing in these Terms and Conditions excludes or limits liability where exclusion or limitation is prohibited by law.
25.2 We do not exclude liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, deliberate misconduct or any other liability that cannot legally be excluded.
25.3 We are responsible for foreseeable loss or damage caused by our failure to comply with the agreement or by our negligence, subject to applicable law.
25.4 A loss is foreseeable if it was an obvious consequence of the breach or if both parties knew, when the agreement was concluded, that it might occur.
25.5 Products sold through our consumer online store are intended primarily for private use. To the extent permitted by law, we are not responsible for business losses, loss of profit, loss of revenue, loss of opportunity or other commercial losses resulting from private consumer purchases.
25.6 We are not liable for damage caused by misuse, improper care, failure to follow instructions, unauthorised modification or ordinary wear and tear.
25.7 Nothing in this section affects your mandatory statutory rights.
26. Complaints
26.1 If you have a complaint about a product, order or service, please contact us at info@schwartz-vonhalen.com.
26.2 Please include your order number, contact details and a clear description of the complaint.
26.3 We will acknowledge and investigate complaints within a reasonable period and aim to provide a substantive response as soon as reasonably possible.
26.4 We encourage customers to contact us directly so that we have an opportunity to resolve the matter amicably.
27. Applicable Law and Disputes
27.1 These Terms and Conditions and agreements concluded with Schwartz & von Halen are governed by Dutch law.
27.2 If you are a consumer residing in another country, this choice of Dutch law does not deprive you of the protection provided by mandatory consumer-law provisions in your country of residence.
27.3 Disputes that cannot be resolved amicably may be submitted to the competent Dutch court.
27.4 Consumers may also have the right to bring proceedings before the courts of their country of residence under applicable European and national rules.
28. Severability
28.1 If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, the remaining provisions will remain in effect.
28.2 The invalid or unenforceable provision will, where possible, be replaced or interpreted in a manner that most closely reflects its intended purpose while complying with applicable law.
29. No Waiver
29.1 If we do not immediately enforce a right or remedy under these Terms and Conditions, this does not mean that we waive that right or remedy.
29.2 A waiver is only valid if confirmed by us in writing and applies only to the specific circumstances for which it was given.
30. Contact
If you have questions about these Terms and Conditions, your order or your consumer rights, please contact us:
- Email: info@schwartz-vonhalen.com
- Chat: Available through our website