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 in the event of withdrawal
Article 10 - The price
Article 11 - Compliance and additional warranty
Article 12 - Delivery and execution
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions:
• Additional agreement: an agreement whereby you as a consumer purchase products remotely from SNURK.
• Reflection period: the period within which you as a consumer can exercise his right of withdrawal.
• Consumer: the person who purchases products from SNURK.
• Day: calendar day.
• Digital content: data produced and delivered in digital form.
• Durable data carrier: all means of storing information that has been personally sent to the consumer or to SNURK in a manner that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information makes possible.
• Right of withdrawal: the consumer's option to cancel the purchase within the cooling-off period.
• Entrepreneur: the natural or legal person who offers products remotely to consumers: SNURK.
• Distance contract: an agreement when the consumer purchases a product via the internet, telephone or with order forms from SNURK, where there is no direct contact between the consumer and SNURK.
• Model withdrawal form: the return form can be requested via shop@snurkamsterdam.com.
• Remote communication technology: means that can be used to conclude an agreement, without the consumer and SNURK having had direct contact.
Article 2 - Identity of the entrepreneur
SNURK bv
Business address: Cruquiusweg 96B, 1019AJ Amsterdam
Visiting address: Cruquiusweg 96S, 1019AJ Amsterdam
Telephone number: 020 – 7510954, available on working days from 9:00 AM to 5:00 PM
Email address: shop@snurkamsterdam.com
Chamber of Commerce number: 59044624
VAT identification number: NL 853293831 B01
Article 3 - Applicability
• These general terms and conditions apply to every offer from SNURK and to every distance contract concluded between SNURK and a consumer for shipments within the Netherlands and Belgium.
• Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.
Article 4 - The offer
• If an offer has a limited period of validity, this will be expressly stated in the offer.
• All products contain a complete and accurate description that is sufficiently detailed for the consumer to make a proper assessment of the product. All photos are a true representation of the products offered. Mistakes or errors are not binding for SNURK.
• Each product contains the necessary information so that it is clear to the consumer what the rights and obligations are upon acceptance of the product.
Article 5 - The agreement
• The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
• If the consumer has accepted the offer electronically, SNURK will confirm receipt of the order for the product electronically. As long as receipt of this purchase has not been confirmed by SNURK, the consumer can terminate the agreement.
• If the agreement is concluded electronically, SNURK will ensure appropriate technical and organizational measures for a secure electronic transfer of data and ensure a secure website. SNURK ensures appropriate security measures for electronic payments.
• SNURK can, within the rules of the law, inform itself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, SNURK has good reasons not to enter into the agreement, an order or request may be refused or attached to special conditions.
• SNURK will send the following information in writing to the consumer no later than upon delivery of the product:
a. The visiting address of the SNURK branch where the consumer can go with complaints.
b. The conditions regarding how the consumer can exercise the right of withdrawal, or a clear explanation when it is excluded from invoking the right of withdrawal.
c. The information about warranties and existing after-sales service.
d. The price includes product taxes and shipping costs, as well as the method of payment.
e. The returns form if the consumer has the right of withdrawal.
Article 6 - Right of withdrawal
• The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 28 days without giving reasons. SNURK may ask for the reason for return, but is not obliged to do so.
• The 28-day cooling-off period starts on the day the consumer receives the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer received the last product.
b. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer received the first product.
Article 7 - Obligations of the consumer during the reflection period
• During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
• The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted.
• The consumer is not liable for any reduction in value of the product if SNURK has not provided him with all legally required information 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 costs thereof
• If the consumer exercises his right of withdrawal, he must report this to SNURK within the cooling-off period by means of the return form or in another clear manner.
• The consumer returns the product as soon as possible, but within 28 days of delivery. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
• The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by SNURK.
• The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
• The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
• If the consumer exercises his right of withdrawal, all additional agreements will be terminated.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
• If SNURK enables the notification of withdrawal by the consumer electronically, it will send a confirmation of receipt without delay after receiving this notification.
• SNURK will reimburse all payments made by the consumer, including any delivery costs charged by SNURK for the returned product, without delay but within 14 days following the day on which the consumer reports the withdrawal.
• SNURK uses the same payment method for reimbursement as the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
• If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, SNURK does not have to reimburse the additional costs for the more expensive method.
Article 10 - The price
• During the period of validity stated in the offer, the prices of the products offered will not be increased, with the exception of price changes as a result of changes in VAT rates.
• The prices stated in the range of products include VAT.
Article 11 - Compliance with agreement and additional warranty
• SNURK guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and usability and the legal provisions and government regulations in force on the date of the conclusion of the agreement. If agreed, SNURK also guarantees that the product is suitable for other than normal use.
• An additional guarantee provided by SNURK, the supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against SNURK under the agreement if SNURK has failed to fulfill its part of the agreement.
• Additional warranty means any obligation of SNURK, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .
Article 12 - Delivery and execution
• SNURK will exercise the utmost care when receiving and executing orders for products.
• The place of delivery is the address that the consumer has provided to SNURK.
• SNURK will execute accepted orders as quickly as possible but no later than within 3 days, unless a different 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 7 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs.
• After dissolution in accordance with the previous paragraph, SNURK will refund the amount paid by the consumer as quickly as possible.
• The risk of damage or loss of products rests with SNURK until the moment of delivery to the consumer or a representative designated in advance and made known to SNURK, unless expressly agreed otherwise.
Article 13 - Payment
• Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. .
• When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
• The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
• If the consumer does not meet his payment obligation(s) on time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages for the benefit of the consumer.
Article 14 - Complaints procedure
• The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
• Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
• 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
• The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 15 - Disputes
• Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 16 - Additional or deviating provisions
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 stored by the consumer in an accessible manner on a durable data carrier.