Terms & Conditions
These Terms and Conditions of Sale apply to purchases made on the Schwartz & von Halen online store.
We invite you to read them carefully before placing an order.
No provision of these Terms and Conditions of Sale shall limit or exclude the mandatory rights granted to consumers under applicable French or European legislation.
1. Company identity
Company: Schwartz & von Halen B.V.
Registered office address:
Keizersgracht 482
1017 EG Amsterdam
The Netherlands
Legal form: Company under Dutch law
Dutch Chamber of Commerce registration number: 77403398
Intra-Community VAT number: NL860997406B01
Email: info@schwartz-vonhalen.com
The address above is the company's registered office. It is not a return address, a pickup point, a store, or a location open to the public.
Products must not be returned to this address, unless our customer service gives written instructions to the contrary.
2. Purpose and scope
2.1 These Terms and Conditions of Sale govern all offers, orders, sales, and contracts concluded through the Schwartz & von Halen online store with consumers residing in France.
2.2 They apply to the exclusion of any other terms, unless expressly agreed in writing between Schwartz & von Halen and the customer.
2.3 Before placing an order, the customer may view, save, and print these Terms and Conditions of Sale.
2.4 By confirming their order, the customer acknowledges having read, understood, and unreservedly accepted these Terms and Conditions of Sale.
2.5 If a provision of these Terms and Conditions of Sale conflicts with a mandatory rule of French or European consumer law, the mandatory rule concerned will prevail.
2.6 Schwartz & von Halen may amend these Terms and Conditions of Sale at any time.
The version applicable to an order is the one published on the site at the time the customer places their order.
3. Products and product information
3.1 Schwartz & von Halen takes reasonable care in presenting, describing, and displaying its products.
3.2 Product photographs and illustrations are intended to provide as accurate a representation as possible.
However, colors may vary slightly depending on the screen used, its 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 slight variations in color, grain, texture, marking, or finish.
These variations are inherent to natural materials and do not necessarily constitute a defect.
3.4 Dimensions, measurements, weights, colors, and other characteristics shown on the site are approximate, unless expressly stated otherwise.
3.5 The essential characteristics of each product are presented on the relevant product page.
The customer is required to review these before placing an order.
3.6 Products are offered subject to available stock.
Adding a product to the cart does not constitute a reservation.
3.7 Schwartz & von Halen reserves the right to make minor changes to a product's characteristics, provided such changes do not substantially affect its quality, appearance, or intended use.
4. Order and formation of the contract
4.1 To place an order, the customer selects the desired products, adds them to their cart, and follows the various steps of the ordering process.
4.2 Before finally confirming their order, the customer has the opportunity to check and correct:
- The products selected;
- The quantities ordered;
- The billing address;
- The delivery address;
- The delivery method;
- The payment method; and
- The total amount payable.
4.3 The customer places a firm order by clicking the confirmation button, which clearly indicates that the order involves an obligation to pay.
4.4 After placing an order, the customer receives an electronic acknowledgment of receipt at the email address provided when ordering.
4.5 The sales contract is concluded when Schwartz & von Halen accepts the order and sends the customer an order confirmation.
4.6 An automatically generated acknowledgment of receipt does not necessarily mean that the order has been accepted.
4.7 Schwartz & von Halen may refuse or cancel an order when:
- The product is no longer available;
- Payment cannot be authorized;
- The payment or order presents a reasonable risk of fraud;
- The delivery information is incorrect or incomplete;
- The price or product information contains an obvious error;
- The order appears to be intended for unauthorized commercial resale;
- Delivery to the given address is not possible; or
- Schwartz & von Halen is legally required to refuse or cancel the order.
4.8 When an order is canceled after payment has been received, the amount paid is refunded using the original payment method.
4.9 Orders may only be placed by individuals with the legal capacity required to enter into a contract.
When a minor wishes to place an order, authorization from their legal representative is required.
5. Prices, taxes, and fees
5.1 Prices applicable to the French market are shown in euros.
5.2 Unless stated otherwise, the prices displayed include the applicable value added tax.
5.3 Delivery charges and any other applicable fees are shown separately before the order is finally confirmed.
5.4 The total price payable, including taxes and all disclosed fees, is shown to the customer before they confirm their order.
5.5 Schwartz & von Halen may change its product prices at any time.
A price change does not apply to orders already accepted.
5.6 Despite the precautions taken, an obvious pricing error may exceptionally appear on the site.
In this case, Schwartz & von Halen may:
- Inform the customer of the error and offer to confirm the order at the correct price; or
- Cancel the order and fully refund any amounts already paid.
5.7 Promotions, discounts, special offers, and promotional codes are subject to the specific conditions communicated with the relevant offer.
5.8 Discounts cannot be applied retroactively to an order already placed, unless expressly stated or agreed otherwise.
5.9 Unless stated otherwise, multiple promotional codes cannot be combined for the same order.
6. Payment
6.1 Available payment methods are shown when placing an order and may vary depending on the country, market, or currency selected.
6.2 Payment must be made using one of the methods offered at checkout.
6.3 The total order amount is due upon confirmation, except where a different payment schedule is expressly offered by a payment provider.
6.4 Payments may be processed by independent payment providers.
The general terms and privacy policies of these providers may also apply.
6.5 By submitting their payment information, the customer confirms that they are authorized to use the selected payment method.
6.6 Schwartz & von Halen may carry out reasonable fraud prevention, security, and identity verification checks before accepting or shipping an order.
6.7 If payment is refused, canceled, reversed, disputed, or not fully completed, Schwartz & von Halen may suspend or cancel the order.
6.8 Schwartz & von Halen does not directly store full card details.
This information is processed by the secure payment providers offered on the site.
7. Delivery
7.1 Schwartz & von Halen delivers to the destinations available at checkout.
7.2 Applicable delivery methods, delivery charges, and estimated timeframes are shown on the site or at checkout.
7.3 Delivery timeframes are given as an estimate, except where a specific date or timeframe has been expressly agreed.
7.4 Unless a different timeframe is agreed with the customer, the order is delivered without undue delay and no later than 30 days after the contract is concluded.
7.5 In the event of a delivery delay, the customer may ask Schwartz & von Halen to make delivery within a reasonable additional period.
7.6 If the order is not delivered within this additional period, the customer may terminate the contract and obtain a refund of amounts paid in accordance with applicable legislation.
7.7 Where delivery by a specific date constitutes an essential condition of the contract and this condition was clearly communicated and accepted before the order was placed, the customer may have the right to immediately terminate the contract if this date is not met.
7.8 The customer must provide a complete and accurate delivery address.
Schwartz & von Halen cannot be held liable for delays caused by incorrect or incomplete information provided by the customer.
7.9 Where permitted by law, additional costs resulting from:
- An incorrect or incomplete address;
- An unclaimed parcel;
- An unjustified refusal of delivery; or
- Multiple failed delivery attempts may be charged to the customer or deducted from the refund.
7.10 An order containing several products may be shipped in multiple parcels.
No additional delivery charge will be applied solely because Schwartz & von Halen decides to split the shipment.
7.11 The risk of loss or damage to the products transfers to the customer once the customer, or a third party designated by them other than the carrier, takes physical possession of the products.
7.12 Where the customer chooses a carrier that was not offered by Schwartz & von Halen, the risk may transfer to the customer at the time the products are handed over to this carrier, in accordance with applicable legislation.
8. Pre-orders
8.1 Products marked "pre-order" are not immediately available for shipment.
8.2 The estimated shipping or delivery period is shown on the relevant product page.
This period is indicative and may change due to circumstances relating to production, transport, customs clearance, or other events reasonably beyond our control.
8.3 Payment for a pre-order may be charged at the time the order is placed.
8.4 When an order includes both available products and pre-order products, they may be shipped together or separately.
8.5 In the event of a significant delay to a pre-order, Schwartz & von Halen will inform the customer as soon as reasonably possible.
8.6 Where the legal conditions are met, the customer may request cancellation of the relevant product and a refund of the corresponding amounts.
8.7 Purchasing a pre-order product does not affect the customer's statutory right of withdrawal.
9. Statutory right of withdrawal
9.1 In accordance with French and European legislation applicable to distance contracts, the consumer generally has a period of 14 calendar days to withdraw without having to give reasons.
9.2 For the purchase of products, the withdrawal period begins the day after the customer, or a third party designated by them other than the carrier, takes physical possession of the products.
9.3 When several products from the same order are delivered separately, the period begins from receipt of the last product.
9.4 To exercise the right of withdrawal, the customer must inform Schwartz & von Halen of their decision before the 14-day period expires.
The customer may:
- Send a clear statement by email to info@schwartz-vonhalen.com;
- Use the returns process available on our site; or
- Use the model withdrawal form, without being required to do so.
9.5 The statement must unambiguously express the customer's wish to withdraw from the contract.
9.6 After communicating their decision to withdraw, the customer must return the products without undue delay and no later than 14 days after communicating their decision.
9.7 The direct cost of returning the goods is borne by the customer, except where:
- Schwartz & von Halen expressly states that the return is free;
- The product is incorrect;
- The product is defective;
- The product was damaged before or during delivery; or
- The law requires Schwartz & von Halen to bear the cost.
9.8 The customer is only liable for any diminished value of the product resulting from handling other than what is necessary to establish its nature, characteristics, and proper functioning.
9.9 The customer may inspect and try on the products in the same way they could reasonably do so in a physical store.
Gloves must not be worn for longer than necessary to check their size, fit, appearance, and comfort.
9.10 Schwartz & von Halen may apply a reasonable reduction to the refund to account for any loss of value caused by excessive or unnecessary handling, within the limits permitted by law.
10. Commercial 60-day return and exchange policy
10.1 In addition to the consumer's statutory rights, Schwartz & von Halen offers a commercial 60-day return period from receipt of the order.
10.2 This commercial policy does not replace, limit, or reduce:
- The statutory 14-day right of withdrawal;
- The legal guarantee of conformity;
- The guarantee against hidden defects; or
- Any other mandatory right the consumer is entitled to.
10.3 To be accepted under the commercial 60-day return policy, the product must:
- Be unworn, unused, and undamaged;
- Be clean and free of stains, odors, hair, or other signs of use;
- Retain its original tags and labels, where applicable;
- Be returned with its original packaging and accessories, as far as reasonably possible; and
- Be accompanied by information allowing the order to be identified.
10.4 Gloves may be carefully tried on indoors to check their size and fit, provided they are not otherwise used, stained, folded, or damaged.
10.5 Return costs are borne by the customer, except where Schwartz & von Halen expressly offers a free return for the relevant country or where the law requires the seller to bear the cost.
10.6 The original delivery charges are only refunded when such a refund is required under the statutory right of withdrawal or another mandatory rule.
The original delivery charges are not necessarily refunded for returns made after the statutory withdrawal period has expired under the 60-day commercial policy.
10.7 We recommend that the customer use a trackable return method and keep proof of shipment until the return has been fully processed.
10.8 The customer remains responsible for the returned parcel until it is received by Schwartz & von Halen or the designated return partner.
10.9 Products returned after the applicable period has expired, or that do not meet the return conditions, may be refused or sent back to the customer.
10.10 Detailed instructions and the applicable return address are provided on our Returns & Exchanges page or by our customer service.
Products must not be returned to the registered office or directly to a warehouse without prior instructions.
11. Exchanges
11.1 Where this option is available, the customer may request an exchange of a product for a different size, color, or model by following the return process indicated on our site.
11.2 Exchanges are subject to product availability.
11.3 If the requested replacement product is no longer available, Schwartz & von Halen may offer:
- Another available product;
- Store credit, with the customer's agreement; or
- A refund for the returned product.
11.4 If the replacement product has a different price, the customer may be required to pay the difference or receive a refund of the difference, depending on the exchange process offered.
11.5 Schwartz & von Halen may require the original product to be returned and received before the replacement product is shipped.
11.6 The costs applicable to an exchange are set out in our Returns and Exchanges Policy.
11.7 When a product is incorrect, damaged, or defective, the reasonable costs necessary to bring it into conformity are covered in accordance with applicable legislation.
12. Exceptions to the right of withdrawal and the return policy
12.1 In accordance with applicable legislation, the statutory right of withdrawal may in particular not apply to the following products:
- Products made to the customer's specifications or clearly personalized;
- Products likely to deteriorate or expire quickly;
- Products which cannot be returned for health or hygiene reasons once unsealed after delivery, where this exception legally applies;
- Products which, after delivery and due to their nature, are inseparably mixed with other items;
- Digital content not supplied on a tangible medium, where performance has begun with the consumer's prior express consent and acknowledgment that they thereby lose their right of withdrawal; and
- Any other product or service expressly excluded from the right of withdrawal by applicable legislation.
12.2 Under our commercial 60-day return policy, we may also refuse products that are:
- Worn, used, washed, cleaned, or treated;
- Stained, damaged, permanently creased, or carrying an odor;
- Altered, repaired, or personalized after delivery;
- Returned without the accessories or essential components supplied with the product;
- Showing signs of use beyond what is reasonably necessary to check their size, appearance, and function; or
- Returned after the applicable period has expired.
12.3 An exception will only be applied where the conditions set out by law or by our commercial policy have been met.
12.4 The exceptions set out in this article do not limit the customer's rights when a product is incorrect, damaged, defective, or non-conforming with the contract.
13. Refunds
13.1 When the customer validly exercises their statutory right of withdrawal, Schwartz & von Halen refunds the payments received for the relevant products.
13.2 When the entire order is validly withdrawn, the refund also includes the cost corresponding to the least expensive standard delivery method offered when the order was placed.
13.3 Additional costs resulting from the customer's choice of an express, priority, premium, or otherwise more expensive delivery method than standard delivery are not refunded, unless otherwise legally required.
13.4 The refund is made without undue delay and no later than 14 days from the date Schwartz & von Halen was informed of the customer's decision to withdraw.
13.5 Schwartz & von Halen may defer the refund until:
- The returned products have been received; or
- Proof of shipment of the products has been provided by the customer, whichever occurs first.
13.6 The refund is made using the same payment method used for the original transaction, unless the customer expressly agrees to a different refund method.
13.7 No additional charge is applied to the customer for processing the refund.
13.8 The time it takes for the refund to appear on the customer's account may depend on their bank or payment provider.
13.9 Refunds made under the commercial 60-day return policy are processed after the returned products have been received and inspected.
13.10 When a discount was applied to the order, the refund corresponds to the amount actually paid for the returned product.
13.11 When an order benefits from a bundle discount, a conditional offer, or a gift, the refund may be recalculated if the products retained no longer meet the conditions of the offer, provided this consequence was clearly communicated and is permitted by law.
14. Free gifts and promotional products
14.1 Free gifts and promotional products may be subject to:
- A minimum order amount;
- A specific promotional period;
- Stock availability; and
- Additional promotional conditions.
14.2 If the customer returns one or more products and the remaining amount of their order no longer meets the conditions required to benefit from the gift, the gift must also be returned, insofar as this condition was clearly indicated.
14.3 The gift must be returned unused, undamaged, and, as far as reasonably possible, in its original packaging.
14.4 If the gift is not returned, Schwartz & von Halen may deduct its stated retail value from the refund, where this consequence was clearly announced and is permitted by law.
14.5 Promotional gifts cannot be exchanged for cash and have no standalone refund value, unless stated otherwise.
15. Incorrect, damaged, or defective products
15.1 The customer is invited to check their order within a reasonable time after receipt.
15.2 When a product is incorrect, incomplete, damaged in transit, or potentially defective, the customer must contact our customer service as soon as reasonably possible at: info@schwartz-vonhalen.com.
15.3 To enable us to review the request, we may reasonably ask for:
- The order number;
- A clear description of the problem;
- Clear photographs of the product;
- Photographs of the packaging and shipping label, when the product was damaged in transit; and
- Any other information reasonably necessary to process the request.
15.4 Reporting a problem promptly makes it easier to resolve. However, not reporting immediately does not deprive the customer of the mandatory rights they are entitled to.
15.5 The customer should not immediately return a product presented as damaged or defective without first receiving instructions from our customer service.
15.6 When a defect or non-conformity is confirmed, the customer may, depending on the conditions set out by law, be entitled to:
- Repair of the product;
- Replacement of the product;
- A price reduction; or
- Termination of the contract and a refund of the product.
15.7 Schwartz & von Halen covers the reasonable costs necessary to return a product confirmed as incorrect, damaged upon delivery, defective, or non-conforming.
15.8 The customer must follow the return instructions provided by our customer service.
15.9 Schwartz & von Halen may decline to refund the cost of an unauthorized or manifestly excessive return method when a reasonable, free-of-charge solution was offered.
16. Statutory warranties
16.1 Products sold to consumers in France benefit from the legal guarantee of conformity provided for by the French Consumer Code, as well as the legal guarantee against hidden defects provided for by the French Civil Code.
16.2 These statutory warranties apply independently of any commercial warranty that Schwartz & von Halen may grant.
Legal guarantee of conformity
16.3 Schwartz & von Halen is required to deliver a product that conforms to the contract and to the criteria set out in applicable legislation.
16.4 A product is, in particular, conforming when it:
- Matches its description, type, quantity, and quality;
- Has the characteristics announced before the order was placed;
- Is fit for the purpose normally expected of a product of the same type;
- Is supplied with the accessories and instructions reasonably expected; and
- Has the quality and durability a consumer can legitimately expect.
16.5 The consumer has a period of two years from delivery of the product to bring a claim under the legal guarantee of conformity.
16.6 Where the legal conditions are met, the consumer may request that the product be brought into conformity by repair or replacement.
16.7 Bringing the product into conformity is carried out free of charge to the consumer, within a reasonable time, and without significant inconvenience.
16.8 Where repair or replacement is impossible, is not carried out under the conditions set out by law, or causes significant inconvenience, the consumer may, depending on the circumstances, obtain a price reduction or termination of the contract.
16.9 The seller may refuse the solution chosen by the consumer if it is impossible or entails disproportionate costs compared to the other solution, under the conditions set out by law.
Guarantee against hidden defects
16.10 The consumer also benefits from the guarantee against hidden defects which render the product unfit for its intended purpose, or which reduce that fitness for purpose to such an extent that the consumer would not have purchased it, or would have paid a lower price, had they known of the defects.
16.11 Under the conditions set out by law, the consumer may choose:
- To return the product and obtain a refund of the price; or
- To keep the product and obtain a price reduction.
16.12 A claim based on the guarantee against hidden defects must be brought within the statutory period following discovery of the defect.
16.13 To exercise their rights under a legal guarantee, the customer can contact us at: info@schwartz-vonhalen.com.
17. Any commercial warranty
17.1 Where a commercial warranty is offered for a product, its conditions, duration, scope, and implementation procedures are provided separately.
17.2 A commercial warranty is provided in addition to the statutory warranties and does not replace, limit, or reduce the consumer's rights.
17.3 Unless otherwise stated in a specific commercial warranty, it generally does not cover:
- Normal wear and tear;
- Accidental damage;
- Incorrect or abnormal use;
- Failure to follow care instructions;
- Use of unsuitable care products;
- Unauthorized repairs or modifications; or
- Damage occurring after delivery and not attributable to an original defect.
17.4 The natural aging of leather, suede, wool, cashmere, and other natural materials does not necessarily constitute a defect.
18. Care and use of products
18.1 The customer must follow the usage, care, and storage instructions provided with the product or published on our site.
18.2 Leather care products should be tested on a small, inconspicuous area before being applied to the entire product.
18.3 Products intended for smooth leather may not be suitable for suede, nubuck, or other delicate materials.
18.4 Leather gel and comparable treatments should not be applied to suede products, unless the care product is expressly indicated as suitable for suede.
18.5 Schwartz & von Halen cannot be held liable for damage caused by:
- Incorrect cleaning;
- The use of an unsuitable care product;
- Excessive exposure to heat, moisture, or chemical substances;
- Use contrary to the product's intended purpose; or
- Failure to follow the applicable instructions, except where such liability cannot legally be excluded.
19. Gift cards and promotional codes
19.1 Gift cards, vouchers, and promotional codes are subject to the conditions communicated at the time they are issued.
19.2 Promotional codes must be entered before the order is confirmed and cannot be applied retroactively, unless expressly agreed otherwise.
19.3 Unless stated otherwise, only one promotional code may be used per order.
19.4 Promotional codes:
- Cannot be exchanged for cash;
- Cannot be resold or reproduced without authorization; and
- May be limited to certain products, customers, countries, or periods.
19.5 Schwartz & von Halen may refuse or deactivate a promotional code when it:
- Has expired;
- Was obtained or used fraudulently;
- Is used contrary to its conditions; or
- Results from an obvious error.
19.6 The mandatory rules relating to the validity period and use of gift cards remain applicable.
20. Promotions and price reduction announcements
20.1 Promotions are valid for the period and under the conditions indicated with the relevant offer.
20.2 Promotional and discounted products are offered subject to available stock.
20.3 Offers cannot be combined, unless expressly stated otherwise.
20.4 When a price reduction is announced, the prior price or legally required reference price is shown in accordance with applicable regulations.
20.5 Schwartz & von Halen may change or end a promotion when reasonably necessary, without affecting orders already accepted.
20.6 In the event of an obvious error affecting a promotion, Schwartz & von Halen may correct that error, subject to the legal rights of customers whose order has already been accepted.
21. Retention of title
21.1 Schwartz & von Halen retains ownership of the products until the order price has been paid in full.
21.2 This retention of title does not change the transfer of risk set out in the delivery article.
21.3 This provision does not limit any mandatory right granted to the consumer.
22. Use of the site and intellectual property
22.1 All content on the Schwartz & von Halen site is owned by Schwartz & von Halen, licensed, or used with the authorization of its rights holders.
This content includes, in particular:
- Trademarks, trade names, and logos;
- Photographs, videos, illustrations, and graphics;
- Product designs, creations, and presentations;
- Product descriptions, texts, guides, and articles;
- The design, structure, and layout of the site; and
- Software, code, databases, and technical elements.
22.2 The content of the site is protected by applicable copyright, trademark, design, database, and other intellectual property laws.
22.3 The customer may use the site for personal, non-commercial purposes.
22.4 Without prior written authorization, it is in particular prohibited to:
- Copy, reproduce, or modify the content;
- Publish, distribute, or sell the content;
- Use the photographs or descriptions on another store or marketplace;
- Extract data using unauthorized automated techniques;
- Commercially exploit all or part of the site; or
- Use the Schwartz & von Halen trademarks in a manner likely to cause confusion.
22.5 The customer must not use the site in a way likely to harm its operation, security, or availability.
23. Customer reviews and submitted content
23.1 When a customer submits a review, photograph, comment, or other content, they confirm that this content:
- Is accurate and truthful;
- Reflects their genuine experience, where applicable;
- Is lawful;
- Does not infringe any third party's rights; and
- Does not contain confidential, misleading, hateful, discriminatory, or otherwise unlawful information.
23.2 By submitting content, the customer grants Schwartz & von Halen a non-exclusive, worldwide, royalty-free license to use, reproduce, display, translate, and adapt that content for:
- The website;
- Social media;
- Marketing communications; and
- The brand's other commercial communications, subject to applicable rights regarding data protection, image rights, and intellectual property.
23.3 Schwartz & von Halen may moderate, hide, or remove content that infringes these Terms and Conditions of Sale, the law, or the rights of a third party.
23.4 Schwartz & von Halen does not undertake to publish all reviews or content received.
23.5 Where required, Schwartz & von Halen provides information on the methods used to verify that published reviews come from consumers who have genuinely used or purchased the relevant products.
24. Personal data
24.1 Schwartz & von Halen processes the customer's personal data in accordance with its Privacy Policy and applicable data protection legislation.
24.2 Personal data may in particular be used to:
- Process and deliver orders;
- Process payments;
- Provide customer service;
- Manage returns, exchanges, and refunds;
- Prevent fraud and ensure the security of the site;
- Comply with legal, tax, and accounting obligations; and
- Send marketing communications where the customer has validly consented.
24.3 Personal data may be shared with trusted providers when necessary to:
- Process payments;
- Prepare, ship, and deliver orders;
- Provide customer support;
- Host or secure the site; or
- Comply with a legal obligation.
24.4 For more information on the data collected, the purposes of processing, retention periods, and the customer's rights, the customer is invited to consult our Privacy Policy.
24.5 Any request relating to personal data can be sent to: info@schwartz-vonhalen.com.
25. Force majeure
25.1 Schwartz & von Halen cannot be held liable for a delay or failure to perform its obligations when this delay or failure results from an event reasonably beyond its control.
25.2 Force majeure events may in particular include:
- Natural disasters;
- Fires, floods, or extreme weather conditions;
- Epidemics or pandemics;
- Wars, acts of terrorism, civil unrest, or government decisions;
- Strikes or industrial action;
- Transport interruptions or disruptions;
- Customs delays;
- Power, telecommunications, or internet outages;
- Cyber incidents;
- Shortages of raw materials or products; and
- Significant failures on the part of suppliers, manufacturers, carriers, or other essential providers.
25.3 In the event of force majeure, the affected obligations may be suspended for the duration of the event.
25.4 Schwartz & von Halen will take reasonable measures to limit the consequences of the event and resume performance of its obligations as soon as reasonably possible.
25.5 If performance of the contract becomes impossible or is significantly delayed, the customer may have the right to terminate the relevant contract and obtain a refund for undelivered products, in accordance with applicable legislation.
25.6 This article does not limit the consumer's mandatory rights regarding delivery, termination of the contract, or refund.
26. Liability
26.1 No provision of these Terms and Conditions of Sale shall exclude or limit liability where such exclusion or limitation is prohibited by law.
26.2 Schwartz & von Halen does not, in particular, exclude its liability in the event of:
- Death or personal injury caused by fault or negligence;
- Fraud or fraudulent misrepresentation;
- Intentional misconduct or gross negligence;
- A lack of conformity covered by a legal guarantee; or
- Any other liability that cannot legally be excluded or limited.
26.3 Subject to applicable legislation, Schwartz & von Halen is liable for foreseeable losses and damages resulting directly from non-performance of the contract or a fault attributable to it.
26.4 A loss or damage is considered foreseeable when it is an obvious consequence of the non-performance or when the parties could reasonably have foreseen its occurrence when the contract was concluded.
26.5 Products sold on our online store are primarily intended for private, non-professional use.
Within the limits permitted by law, Schwartz & von Halen cannot be held liable for business losses resulting from a purchase made as a consumer, including:
- Loss of profit;
- Loss of revenue;
- Loss of business opportunity;
- Loss of goodwill; or
- Any other loss related to a professional activity.
26.6 Schwartz & von Halen cannot be held liable for damage caused by:
- Incorrect or abnormal use of the product;
- Failure to follow care or usage instructions;
- The use of an unsuitable care product;
- Unauthorized modification or repair;
- Normal wear and tear; or
- Damage occurring after delivery and not attributable to an original defect.
26.7 The limitations set out in this article do not affect the customer's rights under the legal guarantee of conformity, the guarantee against hidden defects, or any other mandatory provision.
27. Complaints
27.1 If the customer wishes to make a complaint about a product, order, delivery, refund, or service, they can contact Schwartz & von Halen at: info@schwartz-vonhalen.com.
27.2 To allow the complaint to be processed quickly, the customer is invited to provide:
- Their name and contact details;
- Their order number;
- A clear description of the complaint;
- Any steps already taken, where applicable; and
- Any relevant documents or photographs.
27.3 Schwartz & von Halen will acknowledge receipt of the complaint and review it within a reasonable time.
27.4 We will endeavor to provide a full response as soon as possible.
27.5 Where additional checks with a carrier, warehouse, manufacturer, or payment provider are necessary, the processing time may be extended.
27.6 Schwartz & von Halen invites the customer to contact its customer service directly to seek an amicable solution before initiating any other procedure.
28. Consumer mediation
28.1 In accordance with the applicable provisions of the French Consumer Code, the consumer has the right to use a consumer mediator free of charge for the amicable resolution of a dispute with Schwartz & von Halen.
28.2 Recourse to the mediator is only possible after the customer has sent a written complaint to Schwartz & von Halen and this complaint has not resolved the dispute.
29. Applicable law and dispute resolution
29.1 These Terms and Conditions of Sale, as well as contracts concluded with Schwartz & von Halen, are governed by Dutch law.
29.2 However, where the customer is a consumer residing in France, this choice of law does not deprive them of the protection of the mandatory provisions of French and European consumer law that would apply in the absence of this choice.
29.3 In the event of a dispute, the parties will first endeavor to seek an amicable solution.
29.4 Failing an amicable resolution, the dispute may be brought before the competent courts in accordance with applicable jurisdiction rules.
29.5 The consumer may, in particular, be entitled to bring proceedings before the courts of their place of residence where French or European jurisdiction rules permit.
29.6 Schwartz & von Halen cannot impose on the consumer a jurisdiction that would have the effect of depriving them of a mandatory right to bring proceedings before another competent court.
30. General provisions and contact
Severability
30.1 If a provision of these Terms and Conditions of Sale is declared invalid, unlawful, or unenforceable, the other provisions remain fully applicable.
30.2 As far as possible, the relevant provision will be interpreted or replaced in a manner consistent with the law and as close as possible to its original purpose.
No waiver
30.3 The fact that Schwartz & von Halen does not immediately exercise a right or remedy does not mean that it waives it.
30.4 Any waiver is only valid if confirmed in writing and only applies to the specific circumstances for which it was granted.
Contact
30.5 For any questions regarding these Terms and Conditions of Sale, an order, or consumer rights, the customer can contact:
Schwartz & von Halen B.V.
Keizersgracht 482
1017 EG Amsterdam
The Netherlands
Email: info@schwartz-vonhalen.com
Chat: available on our website
The registered office address shown above is not a return address or a pickup point open to the public.
31. Model withdrawal form
This form only needs to be completed and sent if the customer wishes to withdraw from the contract.
Its use is not mandatory. The customer may also exercise their right of withdrawal by means of any other clear and unambiguous statement.
To:
Schwartz & von Halen B.V.
Keizersgracht 482
1017 EG Amsterdam
The Netherlands
Email: info@schwartz-vonhalen.com
I hereby notify you of my withdrawal from the contract for the sale of the following product(s).