GENERAL TERMS AND CONDITIONS FOR E-COMMERCE OF STEVE MADDEN EUROPE B.V.

Article 1 - Definitions In these General Terms and Conditions, the following definitions have the meanings set out below:

1.General Terms and Conditions: these General Terms and Conditions for E-Commerce of Steve Madden Europe B.V.;

2.Cooling-off Period: the period of 14 days after receipt of the Product during which the Consumer may exercise their Right of Withdrawal;

3.Consumer: the natural person who is not acting in the course of a profession or business;

4.Day: a calendar day;

5.Right of Withdrawal: the right of the Consumer to withdraw from the online purchase of one or more Products within the Cooling-off Period by terminating the Distance Agreement;

6.Agreement: the purchase agreement (for example, a Distance Agreement) for one or more Products that is concluded when you accept our offer and all other conditions for the conclusion of a purchase agreement have been met;

7.Distance Agreement: the Agreement concluded between us and the Consumer via the Internet (outside a shop or business premises);

8.Product(s): all goods offered for sale by us via the Internet (outside a shop or sales premises);

9.Steve Madden Europe (we/us/our): the private limited company under Dutch law Steve Madden Europe B.V. (company information is provided in Article 2).

Article 2 – Company Information of Steve Madden Europe B.V.

Address: Touwslager 12, 5253 RK Nieuwkuijk, the Netherlands
Email address: customersupport@stevemadden.eu
Chamber of Commerce number: 66152925
VAT identification number: NL856417580.B.01

For questions or complaints, you can contact us via the email address above or by using the contact form on our website.

Article 3 – Applicability

1.These General Terms and Conditions apply to all our offers, your orders, and any Agreements concluded or to be concluded between you and Steve Madden Europe.

2.Deviations from these General Terms and Conditions are valid only if confirmed by us in writing or electronically and apply solely to the specific agreement to which such deviations relate.

3.We expressly exclude the applicability of any (other) general or special terms and conditions of yours.

4.If one or more provisions of these General Terms and Conditions are found to be wholly or partially invalid at any time, the remaining provisions will remain in full force and effect. In that case, a new provision will be adopted that reflects as closely as possible the aim and purpose of the original provision.

5.We reserve the right to unilaterally amend these General Terms and Conditions. The amended General Terms and Conditions will apply to the existing legal relationship once they have been made available to you (whether or not electronically).

Article 4 – The offer

1.Our offer is without obligation. We may amend or withdraw an offer at any time.

2.We take care to provide clear and complete descriptions of our Products. However, images, colours, or sizes of the Products may differ from reality. These are therefore indicative only and cannot give rise to cancellation or compensation, without prejudice to the provisions of Article 6.

3.Obvious errors or mistakes in prices or product information are not binding on us.

4.If an offer is valid only for a limited period or subject to specific conditions, this will be explicitly stated in the offer.

5.All prices include VAT and any applicable charges, unless stated otherwise.

Artikel 5 – The Agreement

1.Subject to paragraph 3 below, the Agreement is concluded at the moment you accept our offer for one or more Products (by placing an order) and the conditions set for its conclusion have been met.

2.When a Distance Agreement is concluded, you will receive an electronic confirmation of your order as soon as possible after the Agreement has been established. As long as a Consumer has not received electronic confirmation of their order, the Distance Agreement may be terminated.

3.Within the limits permitted by law, we may obtain information about the Consumer’s ability to meet their payment obligations. If, based on this assessment, we have a valid reason not to enter into an Agreement, we are entitled to refuse the order and/or attach special conditions to the conclusion of an Agreement (whether or not a Distance Agreement).

4.Every Agreement is concluded subject to the suspensive condition of sufficient availability of the Products. If a Product proves to be unavailable, you will be informed as soon as possible and – if payment has already been made in full or in part – we will refund the full or, as the case may be, a partial purchase amount.

Article 6 – Right of Withdrawal

As a Consumer, you may withdraw from (terminate) a Distance Agreement relating to Products within a Cooling-off Period of fourteen days, without giving any reason and free of charge. You may do so by using the Model Withdrawal Form or by making another unequivocal statement to that effect.

The Cooling-off Period starts on the first day after you have received the Product.

During the Cooling-off Period, you must handle the Product with care. The Product may only be used to the extent necessary to establish its nature, characteristics and functioning. In doing so, the Consumer must refrain from any use of the Product that results or could result in damage or any alteration to its condition at the time of delivery.

If you wish to exercise your Right of Withdrawal, the Product must be returned to us together with all accessories supplied and, where reasonably possible, in its original condition and packaging.

You are liable for any reduction in the value of the Product resulting from handling the Product in a manner other than permitted under the preceding paragraphs of this Article 6.

When you exercise your Right of Withdrawal, we will refund the purchase amount and the standard delivery costs of the original shipment, in principle within 14 days after receipt of a timely notice of return. We may, however, postpone the refund until we have received the Product back or until it has been demonstrated that the Product has been correctly returned to us. Refunds will in principle be made using the same payment method as was used for the original purchase.

Refunding the standard delivery costs when exercising the Right of Withdrawal means that if you have chosen to receive the Products through a more expensive delivery option while a standard delivery option was available, we will only refund the costs of the standard delivery.

When you exercise your Right of Withdrawal, the costs of returning the Product are at your expense.

Exclusion of the Right of Withdrawal is possible for:

Products that are custom-made or clearly personal in nature; or

Products that cannot be returned for hygiene reasons.

Article 7 – Price

1.The prices of Products may be adjusted at any time until an Agreement has been concluded. After the Agreement has been concluded, prices will not be changed, except in the event of a change in statutory levies or VAT rates, or in the case of an obvious (printing) error as referred to in paragraph 4 of this Article. If, after the Agreement has been concluded, prices are changed as a result of an amendment to statutory levies or VAT rates, the Consumer has the right to terminate the Agreement free of charge.

2.Special discounts and promotions are valid for a limited period and while stocks last. After the expiry of the validity period of such discounts or promotions, or once the relevant Products are sold out, the prices stated will no longer apply and no rights can be derived from them.

3.The prices stated in the offer for Products include VAT.

4.Obvious (printing) errors in prices are not binding on us. We cannot therefore be required to supply Products at such incorrect prices.

5.For deliveries of Products outside the Netherlands, any local taxes and import duties are at your expense.

Article 8 – Delivery

1.Unless otherwise agreed, delivery of the purchased Products will take place at the address provided to us for that purpose.

2.The delivery periods stated in the offer, or otherwise indicated or agreed, are indicative only and therefore cannot be regarded as strict deadlines (fatale termijnen). Unforeseen circumstances may, among other things, prevent delivery of the Products within the delivery period. Although we will always make every effort to deliver within the agreed delivery periods, exceeding the delivery period does not entitle you to any compensation or damages.

3.We retain ownership of the Products delivered by us until you have fulfilled all your payment obligations under the Agreement(s).

Article 9 – Payment

1.Unless otherwise agreed (for example, if you choose deferred payment through a ‘buy now, pay later’ service such as Klarna, in which case the payment terms of the relevant payment service apply), the purchase price for the Products must be paid to us upon conclusion of the Agreement, and therefore prior to delivery of the Products. Unless otherwise agreed, this means that no Agreement is concluded as long as payment of the purchase price has not been successfully completed. We are therefore not obliged to deliver the Products you intended to order. If payment has been made but has not yet been processed due to technical or administrative reasons, we may postpone delivery of the Products until receipt of payment has been confirmed.

2.Any inaccuracies in the purchase amount or in the payment details required must be reported to us in writing without undue delay after becoming aware of them.

Article 10 – Conformity and complaints

1.We guarantee that the Products comply with the Agreement.

2.Any complaints, defects or incorrectly delivered Products must be reported to us in writing (or by email to customersupport@stevemadden.eu) as soon as possible after discovery, but no later than six months after receipt of the Product, with a full and accurate description of the defect. The Product to which the complaint relates must then be returned to us as soon as possible so that we can assess the complaint.

3.We aim to respond within 14 days of receipt of the complaint as referred to in paragraph 2 above. If we require more than 14 days to provide a substantive response (for example, but not limited to, where we need to have the Product in our possession to assess the complaint and it has not yet been returned to us), we will inform the complainant within 14 days of receipt of the complaint, stating the period within which a substantive response will follow.

4.If we determine that a Product does not comply with the Agreement within six months of delivery, it will be presumed that the defect already existed at the time of delivery. You are then entitled to repair, replacement or a refund free of charge. In the event of a defect that already existed at the time of delivery, the costs of return, repair and inspection will be borne by us.

5.The provisions of Article 10 paragraph 4 do not apply in the event that:

6.you or a third party have made modifications to the Product; or

7.the Product has been exposed to abnormal conditions or has otherwise been handled or used carelessly or abnormally.

Article 11 – Liability

1.Any liability on our part is limited to the amount paid out in the relevant case under our liability insurance, increased by the deductible that applies under that insurance and is borne by us.

2.If, for any reason, no payment is made under the insurance, our liability is limited to an amount equal to the purchase price of the Product in respect of which you have (recently) entered into an Agreement with us.

3.The limitations of liability set out in this Article do not apply in the event that:

4.the damage results from intent or deliberate recklessness on the part of Steve Madden Europe;

5.the damage relates to the life or health of a Consumer;

6.the damage arises from the supply of a defective product or from product liability as provided for in Section 6:185 et seq. of the Dutch Civil Code; or

7.there are other situations in which limitation of liability is not permitted under mandatory law.

Article 12 – Processing of personal data

1.We take the protection of your personal data very seriously. For information on how we collect and process your personal data, please refer to our Privacy Policy (available on our website).

2.If you have given your consent to receive information from Steve Madden Europe about offers, promotions, new products, sales and notifications regarding your orders (including reminders for items that have not, or not yet, been checked out in your online shopping basket), we may, depending, among other things, on the preferences you have provided, process your personal data to send you updates for these purposes by email, SMS, telephone or post.

3.We do not charge any fees for (SMS) marketing messages. However, third parties, such as your mobile phone or internet service provider, may charge you for receiving (SMS) marketing messages. Message and data rates may therefore apply.

4.We reserve the right to change, at any time, any telephone number or discount code used by us for (SMS) marketing messages. You will be notified when such a change occurs, and this message will also include an unsubscribe link. You acknowledge and agree that any messages you send to a telephone number that we have changed, or any discount codes you use that we have changed, may not be received or processed by us. We cannot process messages sent to a telephone number that is no longer in use, or discount codes that are no longer valid.

5.To the extent permitted by applicable law, you agree that we are not liable for any failed, delayed or misdirected transmission of information via (SMS) marketing messages, for any errors in such information, and/or for any action you take or fail to take based on that information.

Article 13 – Disputes

1.These General Terms and Conditions, as well as the Agreement (including any future agreements between Steve Madden Europe and you), are governed by Dutch law (where relevant), with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law does not affect the mandatory protection afforded to the Consumer under the law of the country in which they have their habitual residence.

2.Any disputes arising out of or in connection with the Agreement (including any future agreements between Steve Madden Europe and you, as well as these General Terms and Conditions) will be submitted to the competent court of Zeeland-West-Brabant, Breda location, or to the court that has jurisdiction based on your habitual residence.

Model Withdrawal / Cancellation Form

(Please complete and return this form only if you wish to withdraw from or cancel the agreement.)

To:

Steve Madden Europe B.V.
Touwslager 12
5253 RK Nieuwkuijk
the Netherlands
Email address: customersupport@stevemadden.eu

I/We (*) hereby give notice that I/we (*) withdraw from/cancel (*) my/our (*) agreement concerning the sale of the following goods / the provision of the following service (*):

Ordered on (*) / Received on (*)

Name(s) of consumer(s)

Address of consumer(s)

Signature of consumer(s) [only if this form is submitted on paper]

Date

(*) Delete as appropriate.