These general terms and conditions only apply 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 at 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, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same place at the same time;
5. Reflection 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 cancel the distance contract within the reflection period;
7. Day: calendar day;
8. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Sneaker Essentials

  • Chamber of Commerce#: 61295388
  • VAT#: NL002290405B92
  • T#: 070-2060400 available on working days from 10:00 AM to 5:00 PM
  • @: [email protected]
  • Webshop: sneakeressentials.nl
  • Lulofsstraat 55, Unit 27, 2521AL, The Hague (PLEASE NOTE: BY APPOINTMENT ONLY OR FOR COLLECTION OF ORDERS)

ARTICLE 3 – APPLICABILITY

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
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 accordingly and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.

ARTICLE 4 – THE OFFER

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly 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 enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind 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;
- any delivery costs;
- the manner in which the agreement will be concluded and the actions required for this;
- the applicability or otherwise of the right of withdrawal;
- the method of payment, delivery or performance of the agreement;
- the period for accepting the offer, or the period for honoring the price;
- the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the basic rate;
- if the contract is archived after it is concluded, how it can be consulted by the consumer;
- the way in which the consumer can become aware of actions he or she does not want before concluding the contract, as well as the way in which he or she can rectify these before the contract is concluded;
- the possible languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the entrepreneur 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 the continuous or periodic delivery of products or services.

ARTICLE 5 – THE AGREEMENT

1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.
5. The entrepreneur will send the following information to the consumer along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about existing after-sales service and guarantees;
d. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
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 to cancel the agreement without giving reasons within fourteen days. This period commences on the day after the consumer receives the product.
2. During this period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. Damaged packaging or products resulting in goods that cannot be resold will be reimbursed for a maximum of 50% of the purchase price.

ARTICLE 6B – RIGHT OF WITHDRAWAL ON DELIVERY OF SERVICES

1. When providing services, the consumer has the option to terminate the agreement without giving reasons for a period of fourteen days, starting on the day of entering into the agreement.

2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

1. If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 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 the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a) that have been created by the entrepreneur according to the consumer’s specifications;
b) that are clearly personal in nature;
c) that cannot be returned due to their nature;
d) that can spoil or become obsolete quickly;
e) whose price is subject to fluctuations in 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) relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b) the delivery of which has begun with the consumer’s express consent before the cooling-off period has expired;
c) concerning betting and lotteries.

ARTICLE 9 – THE PRICE

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no influence. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a) they are the result of statutory regulations or provisions; or
b) the consumer has the authority to terminate the agreement with effect from the date on which the price increase takes effect.
5. The prices stated 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 agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement is concluded.
2. A guarantee scheme offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur under the law and/or the distance contract in the event of a shortcoming in the fulfillment of the entrepreneur's obligations.

ARTICLE 11 – DELIVERY AND EXECUTION

1. The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. Subject to the provisions of Article 4 of these general terms and conditions, the company will fulfill accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to terminate the agreement without charge and is entitled to any compensation.
4. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
7. If damage is found upon receipt, this must be provided to the entrepreneur by the consumer with photo evidence. Without photo evidence, the entrepreneur cannot proceed with a refund or replacement.

ARTICLE 12 – CURRENCY TRANSACTIONS

1. The consumer may terminate an agreement concluded for an indefinite period at any time, taking into account the agreed termination rules and a notice period of no more than one month.
2. An agreement concluded for a fixed period has a maximum term of two years. If it has been agreed that the distance contract will be extended in the event of the consumer's silence, the agreement will continue as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.

ARTICLE 13 – PAYMENT

1. Unless otherwise agreed, amounts owed by the consumer must be paid immediately upon purchase by means of iDEAL, PayPal, Visa, or Mastercard.
2. The consumer has the duty to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

ARTICLE 14 – COMPLAINTS PROCEDURE

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation 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 treat his or her shoes is always at his or her own risk. The entrepreneur does not guarantee against failed operations.

Additional or deviating provisions 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 they can be shopd by the consumer in an accessible manner on a durable data carrier.