Algemene voorwaarden

Terms and Conditions

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 – Costs in Case of Withdrawal

Article 8 – Exclusion of the Right of Withdrawal

Article 9 – The Price

Article 10 – Conformity and Warranty

Article 11 – Delivery and Execution

Article 12 – Continuous Transactions: Duration, Termination and Renewal

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Additional or Deviating Provisions

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance agreement with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance agreement relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance agreement: an agreement concluded within the framework of an organized system for the distance sale of products and/or services by the entrepreneur, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;

Means of distance communication: any means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same place.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Sneaker Sokkies

Westvlietweg 110

2495 AD The Hague

The Netherlands

Telephone number:

Email address:

Chamber of Commerce number:

VAT identification number:

ARTICLE 3 – APPLICABILITY

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

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

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

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

ARTICLE 4 – THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.

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 make a proper assessment of the offer. If the entrepreneur uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

the price including taxes;
any delivery costs;
the manner in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer, or the period during which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate;
whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;
the manner in which the consumer can check and, if desired, correct the information provided in connection with the agreement before it is concluded;
any languages other than Dutch in which the agreement may be concluded;
the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes electronically;
the minimum duration of the distance agreement in the case of a long-term transaction.

ARTICLE 5 – THE AGREEMENT
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as 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 shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.
4. Within legal frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or application, stating reasons, or to attach special conditions to its execution.
5. The entrepreneur shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, together with the product or service:
  
  a. the address of the entrepreneur where the consumer can submit complaints;
  
  b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  
  c. information regarding warranties and existing after-sales service;
  
  d. the information included in Article 4 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.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL

Upon Delivery of Products
1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product.
2. During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product, together with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Upon Delivery of Services
1. When services are supplied, the consumer has the option to dissolve the agreement without giving any reason for at least fourteen days, starting on the day the agreement is concluded.
2. To exercise the right of withdrawal, the consumer shall 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 their right of withdrawal, at most the costs of returning the goods shall be borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the return shipment or withdrawal.
Return Address

Westvlietweg 110

Attn: Sneaker Sokkies

2495 AD The Hague

The Netherlands

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
1. The entrepreneur may exclude the consumer’s right of withdrawal only insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or 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 according to the consumer’s specifications;
  
  b. that are clearly personal in nature;
  
  c. that by their nature cannot be returned;
  
  d. that spoil or age quickly;
  
  e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  
  f. consisting of individual newspapers and magazines;
  
  g. consisting of audio and video recordings or computer software for which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
  
  a. relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
  
  b. whose delivery has begun with the consumer’s express consent before the cooling-off period has expired;
  
  c. relating to 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 shall not be increased, except for price changes resulting from changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependency on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.
  3. Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
  4. Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    
    a. they result from statutory regulations or provisions; or
    
    b. the consumer has the right to terminate the agreement as of the day 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
  
  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 existing on the date the agreement was concluded.
  
  If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
  
  Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
  
  ARTICLE 11 – DELIVERY AND EXECUTION
  
  The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
  
  The place of delivery shall be the address provided by the consumer to the company.
  
  Subject to the provisions of Article 4 of these terms and conditions, the company shall execute accepted orders with due speed, but no later than 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 shall be informed no later than 30 days after placing the order.
  
  In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation that may be applicable.
  
  In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
  
  If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, it shall be stated clearly and comprehensibly that a replacement item is being delivered.
  
  The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.
  
  The risk of damage to and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
  
  ARTICLE 12 – CONTINUOUS TRANSACTIONS: DURATION, TERMINATION, AND RENEWAL
  
  Termination
  1. The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements referred to in the previous paragraphs:
    - at any time and not be limited to termination at a specific time or during a specific period;
    - at least in the same manner as they were entered into;
    - with the same notice period as the entrepreneur has stipulated for themselves.
  Renewal
  1. An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed duration.
  2. Contrary to the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines may be automatically renewed for a fixed period of up to three months, provided that the consumer may terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
  3. An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement extends to the regular delivery, but less than once a month, of daily newspapers, news publications, weekly newspapers, and magazines.
  4. A fixed-term agreement for the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines for introductory or trial purposes shall not be automatically continued and shall end automatically after the trial or introductory period.
  5. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.