These general terms and conditions apply only to the Sneaker Essentials webshop.
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following terms shall have the following meanings:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;
5. Grace period: The period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a remote agreement relating to a series of products and / or services, of which the delivery and / or purchase obligation is spread over time;
9. Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
- KvK#: 61295388
- VAT#: NL002290405B92
- T#: 070-2060400 available on workdays from 10:00 to 17:00
- @: info @ sneakeressentials.nl
- Webshop: sneakeressentials.nl
- Lulofsstraat 55, Unit 27, 2521AL, The Hague (PLEASE NOTE: ONLY BY APPROVAL OR ORDER COLLECTION)
ARTICLE 3 - APPLICABILITY
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, then before concluding the remote agreement, it shall be stated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him/her.
ARTICLE 4 - THE OFFER
1. If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- The price including taxes;
- the possible costs of delivery;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery or performance of the contract;
- the period for accepting the offer, or the period for adhering to the price;
- the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
- if the agreement is filed after the conclusion, in what way it can be consulted by the consumer;
- the way in which the consumer can become aware of actions which he/she does not want to take before the agreement is concluded, as well as the way in which he/she can rectify these actions before the agreement is concluded;
- the languages in which, besides Dutch, the agreement can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of a contract for continuous or periodical delivery of products or services.
ARTICLE 5 - THE AGREEMENT
1. The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfils the conditions laid down.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.
4. The entrepreneur may, 'within legal limits', acquaint himself with the ability of the consumer to meet his payment obligations, as well as with all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
a. the visiting address of the Entrepreneur's business establishment where the Consumer may lodge complaints;
b. the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information on existing after-sales services and guarantees;
d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
e. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6A - RIGHT OF WITHDRAWAL ON DELIVERY OF PRODUCTS
1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of fourteen days. This period starts the day after receipt of the product by or on behalf of the consumer.
2. During this period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. Damaged packaging or products that result in goods that cannot be resold shall be subject to a compensation payment of maximum 50% of the purchase price.
ARTICLE 6B - RIGHT OF WITHDRAWAL IN CASE OF SUPPLY OF SERVICES
1. When providing services, the consumer has the possibility of dissolving the agreement without giving reasons during fourteen days, starting on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions given by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
1. If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the return or withdrawal.
ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products
a) that have been created by the entrepreneur in accordance with the specifications of the consumer;
b) that are clearly of a personal nature;
c) that cannot be returned due to their nature;
d) that spoil or age quickly;
e) the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
f) for books, individual newspapers and magazines;
g) for products of which the consumer has broken the seal and which are therefore no longer saleable.
3. Exclusion of the right of withdrawal is only possible for services
a) concerning accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period;
b) the supply of which commenced, with the express consent of the consumer, before the period for reflection had expired;
c) relating to betting and lotteries.
ARTICLE 9 - THE PRICE
1. During the period of validity mentioned in the offer, the prices of the products and/or services offered shall not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
a) they are the result of statutory regulations or stipulations; or
b) the consumer is authorized to terminate the agreement on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
ARTICLE 10 - CONFORMITY AND WARRANTY
1. The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of reliability and/or serviceability and with the existing statutory provisions and/or government regulations on the date that the contract was concluded.
2. A guarantee scheme offered by the trader, manufacturer or importer does not affect the rights and claims the consumer may exercise against the trader in respect of a shortcoming in the performance of the trader's obligations under the law and/or the distance contract.
ARTICLE 11 - DELIVERY AND EXECUTION
1. The entrepreneur will take the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this at the latest one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur shall return the amount paid by the consumer as soon as possible but at least within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur shall make an effort to provide a replacement article. The fact that a replacement article is being delivered will be communicated in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded for replacement products.
6. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer, unless expressly agreed otherwise.
7. If damage is ascertained upon receipt, the consumer should provide the entrepreneur with photographic proof. Without proof of the photograph, the entrepreneur cannot proceed to compensation or replacement.
ARTICLE 12 - DURATION TRANSACTIONS
1. The consumer may terminate a contract that has been entered into for an indefinite period of time with due observance of the agreed termination rules and a period of notice that does not exceed one month.
2. An agreement entered into for a definite period of time has a maximum duration of two years. If it has been agreed that in case of silence of the consumer the agreement at a distance will be extended, the agreement will be continued as an agreement for an indefinite period of time and the term of notice after continuation of the agreement will be at most one month.
ARTICLE 13 - PAYMENT
1. Insofar as not subsequently agreed, the amounts owed by the consumer shall be paid immediately upon purchase by means of Ideal, PayPal, Visa or MasterCard.
2. The consumer has the duty to report any inaccuracies in payment data provided or mentioned immediately to the entrepreneur.
3. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur shall be entitled to charge any reasonable costs previously incurred to the consumer.
ARTICLE 14 - COMPLAINTS PROCEDURE
1. The entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
ARTICLE 15 - ADDITIONAL OR DIFFERENT PROVISIONS
The use of the products with which the consumer can process his or her shoes is at his or her own risk at all times. The entrepreneur does not guarantee unsuccessful treatments.
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a long-term data carrier.