General Terms and Conditions

General Terms and Conditions -

 

Table of contents:

Article   1 - Definitions

Article   2 - Identity of the entrepreneur

Article   3 - Applicability

Article   4 - The offer

Article   5 - The agreement

Article   6 - Right of withdrawal

Article   7 - Obligations of the consumer during the reflection period

Article   8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article   9 - Obligations of the entrepreneur upon withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and additional warranty

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, termination, and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

 

Article 1 - Definitions

In these terms and conditions, the following is understood:

1.     Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;

2.     Reflection period: The customer has a reflection period of 14 days after receiving the sneakers, provided the sneakers are in original condition and unworn. This obviously means that the sneakers must be returned without signs of use and with the official authenticity tag, otherwise we cannot accept them. 

3.     Consumer: The consumer is the natural person acting for purposes outside his trade, business, craft or profession. This concerns a private buyer who orders from Snrkickz for private use

4.     Day: calendar day;

5.     Digital content: data produced and supplied in digital form;

6.     Long-term agreement: an agreement aimed at the regular delivery of goods, services and/or digital content during a certain period

7.     Durable data carrier: any means - including email - that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation or use during a period adapted to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;

 8.     Right of withdrawal: the consumer's option to withdraw from the distance agreement within the reflection period;

9.     Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;

10.  Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusively or partly one or more techniques for remote communication are used;

11.  Model withdrawal form: the European model form for withdrawal included in Annex I of these terms;

12.  Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be present in the same space at the same time.

 

Article 2 - Identity of the entrepreneur

Snrkickz

Registered address: Langewijck 6, 1462NG Middenbeemster

Telephone number: +31 6 46945718 (available Monday to Friday between 09:00 and 17:00)

Support Team: Support@snrkickz.com

Complaint Team: Klacht@snrkickz.com

Finance Team: Finance@snrkickz.com

Chamber of Commerce number: 83173064

VAT identification number: NL003790037B81

 

If the entrepreneur's activity is subject to a relevant licensing system: the

information about the supervisory authority.

 

If the entrepreneur practices a regulated profession:

-        the professional association or organization to which he is affiliated;

-        the professional title, the place in the EU or the European Economic Area where it was awarded;

-        a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.

 

Article 3 - Applicability

1.     These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement concluded between entrepreneur and consumer.

 

2.     Before the agreement is concluded at a distance, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the agreement is concluded at a distance how the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon request.

 

3.     If the agreement is concluded electronically at a distance, in deviation from the previous paragraph and before the agreement is concluded at a distance, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the agreement is concluded at a distance where the general terms and conditions can be electronically accessed and that they will be sent free of charge to the consumer electronically or otherwise upon request.

 

4.     In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and the consumer may always invoke the applicable provision that is most favorable to him in case of conflicting conditions.

 

Article 4 - The offer

1.     If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

2.     The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. 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 connected to the acceptance of the offer.

 

Article 5 - The agreement

1.     The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached thereto.

2.     If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

3.     If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.

4.     The entrepreneur may, within legal frameworks, inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

5.     The entrepreneur will provide the following information to the consumer no later than upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
3. the information about guarantees and existing after-sales service;
4. the price including all taxes of the product, service or digital content; where applicable the delivery costs; and the method of payment, delivery or performance of the distance contract;
5. 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 consumer has a right of withdrawal, the model withdrawal form.

6.     In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 - Right of withdrawal

For products:

1.     The consumer can cancel an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige him to provide his reason(s).

2.     The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
2. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
3. for agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.

 

For services and digital content not supplied on a tangible medium:

3.     The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige them to provide their reason(s).

4.     The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

 

Extended reflection period for products, services, and digital content not supplied on a tangible medium if the right of withdrawal is not informed about:

5.     If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.

6.     If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day the consumer received that information.

 

Article 7 - Obligations of the consumer during the reflection period

1.     During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.

2.     The consumer is only liable for depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.

3.     The consumer is not liable for any depreciation of the product if Snrkickz has not clearly informed them about the right of withdrawal before or at the time of concluding the agreement.

 

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs

1.     If the consumer wishes to exercise their right of withdrawal, they must notify Snrkickz within the reflection period using the model withdrawal form or in another unambiguous manner.

2.     As soon as possible, but no later than 14 days after the notification referred to in paragraph 1, the consumer returns the product or hands it over to an authorized representative of Snrkickz. This does not apply if Snrkickz has offered to collect the product themselves. The consumer has returned in time if they send back the product before the reflection period expires. The consumer sends back the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

3.     The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and according to the reasonable and clear instructions provided by Snrkickz.

4.     The consumer bears the direct costs of returning the product, unless Snrkickz has explicitly indicated at the offer or at the conclusion of the contract that they will bear these costs themselves.

5.     If the consumer withdraws after first expressly requesting that the performance of the service or the delivery of gas, water, or electricity that has not been made ready for sale in a limited volume or certain quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.

6.     The consumer bears no costs for the execution of services or the delivery of water, gas, or electricity, which have not been made ready for sale in a limited volume or quantity, or for the delivery of district heating, if:

1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form; or
2. the consumer has not expressly requested the start of the execution of the service or delivery of gas, water, electricity, or district heating during the reflection period.

7.     The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

1. he has not expressly agreed prior to delivery to begin fulfilling the contract before the end of the reflection period;
2. he has not acknowledged losing his right of withdrawal by giving his consent; or
3. the entrepreneur has failed to confirm this statement from the consumer.

8.     If the consumer exercises their right of withdrawal, all additional agreements are automatically terminated.

 

Article 9 - Obligations of the entrepreneur upon withdrawal

1.     If Snrkickz enables the consumer to notify withdrawal electronically, it sends an acknowledgment of receipt immediately after receiving this notification.

2.     Snrkickz reimburses all payments from the consumer, including any delivery costs charged by Snrkickz for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with the refund until he has received the product or the consumer has demonstrated that he has sent the product back, whichever is earlier.

3.     Snrkickz uses the same payment method for the refund that the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.

4.     If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Snrkickz is not required to refund the additional costs for the more expensive method.

 

Article 10 - Exclusion of right of withdrawal

Snrkickz may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this at the offer, at least in time before concluding the agreement:

1.     Products or services whose price is subject to fluctuations on the financial market over which Snrkickz has no influence and which may occur within the withdrawal period;

2.     Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by Snrkickz to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;

3.     Service agreements, after full performance of the service, but only if:

1. the execution has started with the express prior consent of the consumer; and
2. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;

4.     Package travel as referred to in article 7:500 BW and passenger transport agreements;

5.     Service agreements for the provision of accommodation, if a specific date or period of execution is provided in the agreement and other than for residential purposes, goods transport, car rental services, and catering;

6.     Agreements concerning leisure activities, if a specific date or period of execution is provided in the agreement;

7.     Products manufactured according to consumer specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;

8.     Products that perish quickly or have a limited shelf life;

9.     Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;

10.  Products that are irrevocably mixed with other products after delivery due to their nature;

11.  Alcoholic beverages whose price was agreed upon when concluding the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;

12.  Sealed audio, video recordings, and computer software, of which the seal has been broken after delivery;

13.  Newspapers, magazines, or periodicals, except for subscriptions to these;

14.  The delivery of digital content other than on a tangible medium, but only if:

1. the execution has started with the express prior consent of the consumer; and
2. the consumer has declared that he thereby loses his right of withdrawal.

 

Article 11 - The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased by Snrkickz, except for price changes due to changes in VAT rates.

2. Contrary to the previous paragraph, Snrkickz may offer products or services whose prices are tied to fluctuations in the financial market and over which Snrkickz has no influence, with variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices are mentioned in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if expressly agreed by Snrkickz and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement from the day the price increase takes effect.

5.  The prices stated in the offer of products or services include VAT.

 

Article 12 - Performance of the agreement and additional warranty

1.  Snrkickz guarantees that the delivered 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 existing on the date the agreement was concluded. If expressly agreed, Snrkickz also guarantees that the product is suitable for use other than normal use.

2.  An additional warranty provided by Snrkickz, its supplier, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against Snrkickz under the agreement if Snrkickz fails to fulfill its obligations.

3.  An additional warranty means: any supplementary commitment by Snrkickz, its supplier, importer, or manufacturer whereby the consumer is granted certain rights or claims that go beyond those legally required in case of a failure to perform the agreement.

 

Article 13 – Delivery and execution

1. Snrkickz will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to Snrkickz.
3. Subject to the provisions mentioned in article 4 of these general terms and conditions, Snrkickz will execute accepted orders with due speed, but no later than within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or an order cannot be executed or only partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
4. After termination in accordance with the previous paragraph, Snrkickz will promptly refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with Snrkickz until the moment of delivery to the consumer or a representative previously designated and known to Snrkickz, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination, and extension

Termination:

1. The consumer can terminate an agreement entered into for an indefinite period that involves the regular delivery of products or services at any time, observing the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement entered into for a fixed term that involves the regular delivery of products or services at any time at the end of the specified term, observing the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
• terminate at any time without being bound to a specific time or period;
• terminate in the same manner as the agreement was entered into;
• terminate with the same notice period as Snrkickz has stipulated for itself.

Extension:
4. A fixed-term agreement aimed at the regular delivery of products or services may not be tacitly extended or renewed for a fixed term.
5. By way of exception, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum of three months if the consumer can terminate this extended agreement near the end of the extension with a notice period of at most one month.
6. A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month. For delivery of daily, news, and weekly newspapers and magazines that occur less than once a month, the notice period is at most three months.
7. An agreement for a limited period for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends after the introductory period.

Duration:
8. If an agreement has a term of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose this.

 

Article 15 – Payment

1. Unless otherwise specified in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days, counting from the start date of the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement. For services, this period starts the day after the consumer has received confirmation of the agreement from Snrkickz.
2. When selling products to consumers, Snrkickz may never require the consumer to prepay more than 50%. If prepayment is required, the consumer cannot assert any rights regarding the execution of the order or service before the prepayment has been made.
3. The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to Snrkickz.
4. If the consumer does not pay on time, and after a reminder from Snrkickz still does not pay within the set 14-day period, he owes statutory interest on the outstanding amount. In that case, Snrkickz is entitled to charge extrajudicial collection costs. These amount to a maximum of:
• 15% on outstanding amounts up to €2,500
• 10% on the following €2,500
• 5% on the next €5,000
  with a minimum of €40. Snrkickz may deviate from these amounts and percentages in favor of the consumer.

 

 

 

Article 16 – Complaints Procedure

1. Snrkickz has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the execution of the agreement must be submitted to Snrkickz within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to Snrkickz will be answered within 14 days of receipt. If a complaint requires a longer processing time, the consumer will receive an acknowledgment of receipt within 14 days with an indication of the timeframe within which a substantive response can be expected.
4. If the complaint is not resolved by mutual agreement within a reasonable period or at the latest within 3 months after submission of the complaint, a dispute arises that is subject to the dispute resolution procedure.

 

Article 17 – Disputes

Only Dutch law applies to agreements between Snrkickz and the consumer to which these general terms and conditions apply.

 

Article 18 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing, or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

 

 

 

Annex I: Model withdrawal form

 

 

Model withdrawal form

 

(only fill in and return this form if you want to withdraw the agreement)

 

-        To:           [ naam ondernemer]

[ geografisch adres ondernemer]

[ faxnummer ondernemer, indien beschikbaar]

[ e-mailadres of elektronisch adres van ondernemer]

 

-        I/We* hereby inform you that I/we* withdraw our agreement concerning

the sale of the following products: [product description]*

the delivery of the following digital content: [digital content description]*

the performance of the following service: [service description]*,

withdraws/withdrawn*

 

-        Ordered on*/received on* [order date for services or receipt date for products]

 

-        [Naam consumenten(en)]

 

-        [Adres consument(en)]

 

-        [Consumer signature(s)] (only when this form is submitted on paper)

 

 

Strike out what does not apply or fill in what does apply.