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General Terms & Disclaimer

Disclaimer is after General Terms and Conditions

General Terms and Conditions

Introduction

Welcome to the Itchy Boots website (the “Site”). This document makes up the house rules, or what is officially called the General Terms and Conditions (the “Terms” for short). The terms are a legally binding contract between you and Itchy Boots (“Itchy Boots” or “we”) and apply to all Agreements between you and Itchy Boots. 

This document sets out your rights and responsibilities when you use www.itchyboots.com, so please read it carefully. By using any of the services here, you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our services. Still with me? Great, read on! 

Itchy Boots is registered at Keulenstraat 16, 7418ET, Deventer, The Netherlands with Chamber of Commerce number 72267186. The VAT number of Itchy Boots is NL001369200B56.

Definitions

You: the natural person who is not acting in the course of his or her profession or for the running of his or her business and has concluded a (Remote) Agreement or wishes to conclude an Agreement respectively with Itchy Boots.

Product(s): all types of products/items sold or supplied by Itchy Boots, including but not limited to digital courses and Memberships. 

Memberships: all types of memberships, including but not limited to Free Membership, Experience Membership and Loyalty Membership.

Agreement: every arrangement between you and Itchy Boots to supply one of more Products, including all arrangements concluded within the framework of an organised system for remote sales of Products.

Offer, order and acceptance

All offers for Products made by Itchy Boots via the website are subject to the availability of such Product. An offer shall lapse if the Product to which the offer applies has become unavailable in the meantime. If the Product that you have ordered unfortunately runs out of stock after the purchase order has been placed, we will contact you via the email address that has been provided. If you do not respond within 10 business days, Itchy Boots reserves the right to refund your order in full. All refunds will be made in Euros. You acknowledge and accept the possibility of any deviations in the received amount due to exchange rates in relation to the local currency. 

In the event of an error in an order confirmation, in processing an order, in delivering a Product or otherwise, we reserve the right to correct any error and revise your order accordingly, or to cancel the order and refund any amount charged. If you receive an order that you believe contains a mistake, we encourage you to contact us right away so that we may correct the error.

By purchasing a Product through the website, you warrant Itchy Boots to be 1) at least 18 years old and 2) legally capable of entering into binding agreements. If either is not the case, a parent or guardian has to accept these Terms on its behalf. 

A purchase order is accepted by Itchy Boots once it has been confirmed to you by virtue of a confirmation email of the purchase. At that moment the Agreement is formed. 

You are aware that Itchy Boots is always entitled to refuse a purchase order without providing further explanation. Itchy Boots will inform you as soon as possible, in the event of such refusal.

All purchase orders should be made via the website. Orders cannot be made via other methods, such as email, social media or telephone.  

Each Agreement is entered into under the suspensive condition that you- at the sole discretion of Itchy Boots - appear to be sufficiently creditworthy for the financial performance of the Agreement.

Itchy Boots reserves the right at any time to change or discontinue any part or all of the functionality of any or all parts of the Products, including content, Memberships, and courses offered, and for any period of time or forever.

Pricing and payment 

The prices of Itchy Boots Products are quoted in Euros. Prices in your local currency may change due to differences in exchange rates.

Prices include VAT, which is automatically included, based on the country that you have selected when creating your profile. 

Prices and VAT are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation email. 

Prices and listings on the website, in the communications by Itchy Boots and/or the advertisements may be incorrect. Itchy Boots is not liable for, nor bound to incorrect prices or factual errors on the website, if this is an evident mistake or error. In the case where the value of the Product is higher than the indicated price, Itchy Boots has the right to reject a purchase order. 

Payments for all orders must be made by credit or debit card or any of the listed options on the checkout page. Payment by most major credit and debit cards is accepted. Itchy Boots does not accept other methods of payment. When paying by credit or debit card you confirm that 1) the card is registered on your own name and 2) you are entitled to use the card and 3) you have adequate funds to cover card costs and charges that may be connected to the purchase. 

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason.

If you do not fulfil your payment obligations in due time, you, after Itchy Boots has informed you of the overdue payment and Itchy Boots has granted you a term of fourteen (14) days to as yet your payment obligations and if the payment was not made within that 14-day term, will owe the statutory interest on the remaining outstanding sum and Itchy Boots is entitled to charge the statutory interest for consumer transactions.

As long as the payment obligation based on the Agreement has not been fulfilled by you, you may be denied access to the Product(s).

Memberships

The moment you create an account on the Itchy Boots website you automatically become a Free Member. You will need a valid email address to create an account. You can cancel this Free Membership by deleting your account.

The Experience Membership and Loyalty Membership are paid Memberships. An Experience or Loyalty Membership starts on the day you make the first payment and is always valid for one month (monthly subscription).

Change or cancellation of a Membership

You are entitled to cancel the Membership. If you cancel your paid Membership, this Membership continues until the end of the monthly period in question, after which you automatically become a Free Member.

You are entitled to change the Membership prematurely. In case of a change (for example an upgrade) Itchy Boots is entitled to recalculate the member fee based on the actual period and the corresponding (higher) Membership prices.

If you switch from an Experience Membership to Loyalty Membership, you will be required to make a payment for the Loyalty Membership upon commencement. This Membership will start immediately. The excess amount paid for that month for the Experience Membership will be returned to you as a refund.

If you switch from a Loyalty Membership to an Experience Membership (without cancelling the Loyalty Membership), then you will be required to make an immediate payment for the Experience Membership, but the Loyalty Membership will continue until the end of the respective month. Thereafter, the Experience Membership will start and you will pay again at the end of that period for the next month. In this way you still retain the benefits of the Loyalty Membership until the end of the respective monthly period.

If applicable, when changing a Membership, Itchy Boots will arrange for a pro rata return of the amount already paid (in advance) to Itchy Boots. Itchy Boots will process a refund to you as soon as possible, at least within fourteen (14) days, after the change of Membership. 

If the amount due is not received on time, reversed or chargebacked, a payment reminder will be sent to you. You will have two weeks to pay the amount due. If you are in default after this two-week period, all outstanding subscription amounts will become immediately due and payable and the debt will be handed over for collection. All costs incurred for this will be at your expense. Itchy Boots is entitled to terminate the Agreement with you immediately in the event of late payment without the obligation to pay lapsing. Itchy Boots is entitled in the event of a delay in payment to terminate the Agreement with you immediately without expiration of the payment obligation.

Limitations of liability

The Agreement contains a best efforts obligation for Itchy Boots to perform the agreed upon services to the best of its ability. Itchy Boots is never under an obligation to achieve a certain result. Given the obligation of Itchy Boots to perform to the best of one's ability, you cannot derive any rights from the Product and materials made available. Every liability of Itchy Boots for an attributable shortcoming in the fulfillment of the Agreement is therefore excluded. 

If an error occurs because you have given Itchy Boots incorrect or incomplete information, Itchy Boots cannot be held liable for the loss that arises from that error.

Itchy Boots can only be held liable for direct loss incurred by you which might have arisen from the Agreement between Itchy Boots and you and only insofar stipulated in these Terms.

The compensation for loss to be paid by Itchy Boots due to attributable failure to fulfil an Agreement between Itchy Boots and you on the grounds of which we deliver one or more Products to you, shall, if you demonstrate that you have incurred a loss because of an error of Itchy Boots that could have been avoided if the matter had been handled with due care, Itchy Boots’ liability will always be limited to the sum that is paid out pursuant to Itchy Boots’ liability insurance in the pertinent case, to be increased with the sum of the excess that is not borne by the insurance company (companies) pursuant to the policy conditions.

If, for any reason, the insurance company does not pay out, every liability of Itchy Boots shall be limited to 50% of the sums, sums invoiced and to be invoiced by Itchy Boots to you pursuant to the Agreement (not including turnover tax) to no more than EUR 250,00. The sums and prices intended in this paragraph will be reduced by credit notes demanded by you and granted by Itchy Boots.

With due observance of the provisions stipulated elsewhere in these Terms, Itchy Boots cannot in any case be held liable for damage caused by improper use of the delivered Product(s) or use of the delivered Product(s) for a purpose other than for which it is suitable according to objective criteria.

Itchy Boots is not responsible for any indirect, special, incidental, consequential (such as loss of content, loss of use, loss of time, etc.) or punitive damage, including but not limited to, damaged for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, caused by a Product defect. 

Furthermore, Itchy Boots cannot, in any case, be held liable for losses due to delay, for losses due to overdue delivery as a consequence of altered circumstances.

Itchy Boots does not accept any liability for materials supplied by Itchy Boots’ supplier(s) or partner(s).

Because Itchy Boots' services are provided online, Itchy Boots cannot guarantee that its services will be available at any time, in any location, or that they will be secure, or that errors will be resolved, or that the services/Products will be free of viruses or other potentially harmful software or components. Itchy Boots cannot therefore be held liable for this.

Itchy Boots shall not be held liable to you with regarding the use of the Site, the content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by you on any information obtained from Itchy Boots, or any other damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failures, theft, destruction, or unauthorised access to Itchy boots records, programs or services and  any direct, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, or the inability to use the Site or any of their features. The sole remedy for you is to cease use of the Site. 

Force Majeure 

In the event of Force Majeure, Itchy Boots has the right to suspend the execution of the Agreement or dissolve the Agreement partially or fully without court intervention and without Itchy Boots being bound to any compensation for damage.

In this matter, Force Majeure is given to mean: every situation due to which you cannot reasonably require Itchy Boots to fulfil the Agreement any longer. Force Majeure always includes: war, threat of war, civil war, riot, flooding, water damage, wilful damage, fire, sit-down strikes, labour strikes, transport difficulties, pandemic, unforeseen technical complications, operational breakdowns at Itchy Boots’ facilities or those of Itchy Boots’ suppliers, breaches of contract by Itchy Boots’ suppliers and government measures including import and export bans and quota systems.

If the delivery is delayed by more than two (2) months due to Force Majeure, both parties may terminate the Agreement without any obligation to pay compensation for damage to the other party.

The website, intellectual property and trademark protection

You have 24/7 access to the Products, although we do note that we sometimes carry out maintenance or repairs to the website, which means that (part of) the website may be temporarily unavailable. 

Itchy Boots owns all intellectual property rights in the website, the material published on it and the Products. These works are protected by copyright laws worldwide. 

Itchy Boots grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable (Itchy Boots) right to use the Itchy Boots Products and services for personal purposes and under the conditions as stated in these Terms and Conditions.

Upon (interim) termination of the Agreement, your right to use the Products and services provided by Itchy Boots will expire. The Products and services delivered during the term of the Agreement remain the property of Itchy Boots and will not be made available to you (any longer) after the expiration of the Agreement. 

The (training and/or course) materials offered are intended solely for personal use. The intellectual property rights in all Products, text, graphics, user interface, visual interfaces, photographs, trademarks, logos, artwork and content made available to you on or through this website remain the property of Itchy Boots and are protected by copyright laws and treaties around the world. All such rights are reserved by Itchy Boots. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website not may you use any such content in connection with any business or commercial enterprise. 

Communication

Within the Itchy Boots services, you and other members can communicate with each other, for example by posting comments or sending messages. You agree not to send spam or other undesirable communications of a commercial nature or otherwise, including but not limited to threatening, aggressive, obscene, libelous, invasive, privacy violating or advertising messages. Acting in violation of these terms and conditions may result in immediate denial of access to and use of Itchy Boots' services and Products and termination of the Agreement. This does not terminate the payment obligation for you.

Itchy Boots is free at all times to remove user communications or other parts of the shared information without further notice if the content of such communications and information warrants removal.

Itchy Boots reserves the right, in the event of serious or repeated unacceptable behavior by you on the Itchy Boots website, to terminate the Agreement without refund of any payment and without lapse of the payment obligation for you.

Cancellations

If it appears that an order cannot be executed or can only be partially executed because the Product does not arrive at the e-mail address provided by you, for whatever reason, Itchy Boots has the right to dissolve the Agreement with immediate effect without any charge. In that case, you are not entitled to any compensation. 

Exclusion rights of withdrawal (“Herroeppingsrecht”) 

Agreement for the provision of services: digital courses and Membership

In case of an Agreement for the provision of digital courses or a Membership (services), the cancellation period starts on the day the Agreement is concluded.

You cannot terminate the Agreement for the provision of services (ex Article 6:230p intro-duction sub d under 1 and 2 of the Dutch Civil Code) By starting the course or start using the Membership, you declare to waive your right to terminate as soon as Itchy Boots has commenced the fulfillment of the Agreement. The commencement of the agreement/course is also understood to mean the provision of (online) access to course material or the delivery of digital content that is offered electronically. 

You can exercise the right referred to in this article by sending an email with your cancel request to [email protected] within the specified period. If you make a declaration of dissolution electronically (via email), Itchy Boots will immediately confirm receipt of this declaration. 

If you have not made known in the period mentioned in this article that you wish to make use of your right of withdrawal, the (remote) Agreement is a fact. After the Agreement has been established and after the expiry of the statutory cooling-off period as mentioned in this article, no cancellation is possible for you. 

If you cancel the Agreement in accordance with these Terms, Itchy Boots will process a refund to you as soon as possible, at least within fourteen (14) days, after Itchy Boots has ended your access to the online Product. A refund will be made via the same method of payment as of the order, unless agreed upon differently.

Applicable law and disputes

All Agreements between you and Itchy Boots to which these Terms apply are governed by Dutch law.

All disputes related to the Agreements between you and Itchy Boots to which these Terms apply shall be settled by the competent court in the district in which Itchy Boots has its place of business, to the exclusion of all judicial authorities.

Amendments and Additions to these Terms

Itchy Boots always has the right to amend and/or add to these Terms.

Itchy Boots may update these terms from time to time. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the services following the changes constitutes your acceptance of the updated Terms. 

If any provision in these Terms proves not to be legally valid and/or loses its legal effect, it will not affect the remaining provisions of the Terms and the parties are obliged to arrange a new provision as soon as possible of which the meaning is as close as possible to the “former” meaning.

How to contact us

If you have any questions about our practices on these Terms, please first check the FAQ page, at www.itchyboots.com/faq. If your question still hasn’t been answered, you may contact the Itchy Boots website at [email protected] 

Disclaimer

This website is owned by Itchy Boots. This Disclaimer and the Privacy Statement apply to the access and use of this site. By using the website, the user accepts the conditions as stated in the Disclaimer and the Privacy Statement of Itchy Boots.

The information on this website is realized under the responsibility of Itchy Boots. Itchy Boots pays the utmost attention to the reliability and topicality of the data on its website. Itchy Boots however cannot guarantee that the information on this website is
correct and/or complete and/or remains. No rights can be derived from the contents of this website.

Itchy Boots is not liable for damage resulting from inaccuracies or incompleteness in the information provided. Neither for damage resulting from problems caused by or inherent in the dissemination of information via the internet, such as malfunction or
interruptions or errors or delays in the provision of information or services by Itchy Boots or by you to Itchy Boots through the website of Itchy Boots or otherwise by electronic means.

The information on this website is also intended to provide general information to interested parties. This information can in no way be considered as a replacement for professional advice. Itchy Boots also accepts no liability for any damage suffered as a result of the use of data and/or information provided by or on behalf of Itchy Boots via this website. Itchy Boots accepts no responsibility and/or liability for the content of websites to which or from which reference is made with a hyperlink or otherwise.

Itchy Boots does not guarantee that emails or other electronic messages sent to will be received and processed in time and accepts no liability for consequences of not receiving or processing them too late. Itchy Boots also accepts no liability for the
interception or misuse of electronic messages by third parties.

Itchy Boots is the entitled party regarding all information provided on this website (including copyrights, domain names, trademark rights, patents, or other intellectual property rights). It is not permitted to copy, download, distribute or reproduce information from this website without prior written permission from Itchy Boots.

All content that can be consulted via the website, including but not limited to the texts, sound and image material, images, software, design, brands, logos, any other information and databases, are subject to intellectual property rights of Itchy Boots,
its licensors and/or its partners.

You may only use this content to use the website and the services offered on it. Without a prior written consent of Itchy Boots you may not use the content for other purposes, including, but not limited to, reproducing and /or publishing the content or providing it to third parties, whether or not for commercial purposes, unless this is compulsorily permitted by law.