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Article 1 – Definitions
The terms used in these conditions are defined as follows:
1. Supplementary contract: a contract whereby the consumer acquires products in connection with a distance contract and these products are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
2. Cooling off period: the period within which the consumer can exercise his right of withdrawal.
Consumer: a natural person who is not acting for purposes relating to his trade, business or professional activities;
3. Day: calendar day;
4. Digital content: data which is produced and delivered in digital form;
5. Continuing performance contract: a contract for the regular delivery of goods, services and/or digital content over a specified period;
6. Durable data carrier: any tool - including e-mail - that enables the consumer or trader to store information addressed to them personally in a manner which allows future reference or use during a period which is matched to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
7. Right of withdrawal: the option for the consumer to withdraw from the contract within the cooling off period;
8. Trader: a natural person or legal entity that offers products, (access to) digital content and/or services to consumers at a distance;
9. Distance contract: a contract concluded between the trader and the consumer in the context of an organised system for the distance selling of products, digital content and/or services, whereby exclusive use is made of one or more technologies for remote communication up to and including the conclusion of the contract.
10. Technology for communication at a distance: resource that can be used to conclude a contract without the consumer and the trader having to meet at the same time in the same place.
Article 2 — Identity of the Trader
SNURK B.V.Trading under the name: SNURK
Establishment and visiting address: Cruquiusweg 96S1019 AJ Amsterdam
Telephone number: +31 20 7510954Accessibility: from Monday to Friday from 9:00 am to 5:00 pm. Email address: firstname.lastname@example.org
Chamber of Commerce number: 59044624VAT identification number: NL 853293831 B01
Article 3 — Applicability
1. These general conditions govern all of the trader's offers and distance contracts between the trader and the consumer.
2. The text of these general conditions must be made available to the consumer before the distance contract is concluded. If this cannot reasonably be considered possible, the trader will state prior to the distance contract being concluded how the general conditions held by the trader can be viewed and that they will be sent as soon as possible and free of charge at the consumer's request.
3. If the distance contract is entered into by electronic means, contrary to the previous paragraph and prior to the distance contract being concluded, the text of these general conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this cannot reasonably be considered possible, it will be stated prior to the distance contract being concluded where the general conditions can be viewed by electronic means and that they will be sent as soon as possible and free of charge by electronic or other means at the consumer's request.
4. If specific product or service conditions are applicable in addition to these general conditions, the second and third paragraphs will apply correspondingly and in the event of conflicting conditions the consumer can at all times invoke the relevant 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 expressly stated in the offer.
2. The offer will contain a complete and accurate description of the products, digital content and/or services on offer. The description will be sufficiently detailed to make it possible for the consumer to adequately evaluate the offer. If the trader makes use of images they must accurately reflect the products, services and/or digital content on offer. The trader is not bound by manifest errors in the offer.
3. The offer will contain details of any delivery restrictions and details of which means of payment are accepted.
4. All offers will contain sufficient information to clarify the consumer's rights and obligations if he accepts the offer.
Article 5 — The Contract
1. Subject to the provisions of paragraph 4 the contract will be concluded by means of the consumer’s acceptance of the offer and by meeting the conditions set in that regard.
2. If the consumer has accepted the offer by electronic means, the trader will immediately confirm receipt of the acceptance of the offer by electronic means. The consumer can dissolve the contract for as long as the trader has not confirmed receipt of this acceptance.
3. If the contract is formed by electronic means, the organisation will take appropriate technical and organisational measures to protect the electronic transfer of data and will provide a secure web environment. If the consumer is able to pay by electronic means, the trader will put appropriate security measures in place.
4. The trader is permitted - within the legal constraints - to ascertain whether the consumer is able to meet his payment obligations as well as all of the facts and factors which are important for entering into the distance contract responsibly. If this investigation gives the trader good cause to decide against concluding the contract, he will have the right to refuse an order or application, giving reasons, or
to attach special conditions to the execution of the contract.
5. The trader will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier no later than the delivery of the product, or the prior to the commencement of the service or digital content:
a. the identity of the trader and the visiting address of the trader's establishment where the consumer can submit complaints (including a telephone number and email address, if available);
b. a complete and accurate description of the products
c. the conditions under and the manner in which the consumer can exercise the right of withdrawal, or a clear statement to the effect that there is no right of withdrawal;
d. the information about guarantees and existing service following purchase;
e. the price of the product, service or digital content including all taxes; where applicable, the costs of delivery; and the means of payment, delivery or execution of the distance contract;
f. the requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period;
g. in the case of a contract for the sale of a product, a reminder that the trader is under a legal duty to supply the product in conformity with the contract;
h. if the consumer has a right of withdrawal, the model form for withdrawal.
Article 6 — Right of Withdrawal
1. The consumer can dissolve a contract relating to the purchase of a product during a cooling off period of 30 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but he is not obliged to give his reason(s).
2. The cooling off period referred to in paragraph 1 commences on the day after the consumer or a third party designated by the consumer in advance who is not the shipper has received the product.
Article 7 — The Consumer's Obligations during the Cooling Off Per
1. The consumer will treat the product and the packaging with due care during the cooling-off period. He will only unpack or use the product to the extent necessary or in order to establish the nature, the characteristics and the working of the product. The guiding principle is thereby that the consumer may only handle and inspect the product as he would be able to in a shop.
2. The consumer is only liable for depreciation in the value of the product which results from handling of the product which goes beyond that permitted in paragraph 1.
3. The consumer is not liable for depreciation in the value of the product if the trader has not provided him with all legally required information about the right of withdrawal prior to or at the conclusion of the contract.
Article 8 — Exercise of the Right of Withdrawal by the Consumer and the Costs of This
1. If the consumer exercises his right of withdrawal, he will notify this within the cooling off period using the model form for withdrawal or in another unequivocal way.
2. The consumer will send back the product or hand it to (an agent of) the trader as soon as possible, but definitely within 14 days of the day following the notification referred to in paragraph 1. This is not necessary if the trader has offered to collect the product itself. The consumer will in any case be deemed to have respected the return period if he returns the product before the end of the cooling off period.
3. The consumer will return the product with all the supplied accessories, where reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof of correct and timely execution of the right of withdrawal lies with the consumer.
5. The consumer will bear the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs or if the trader indicates that it will bear the costs itself, the consumer is not required to bear the costs of returning the product.
6. If the consumer exercises his right of withdrawal, all supplementary contracts will be legally dissolved.
Article 9 — The Trader's Obligations in the Event of Withdrawal
1. If the trader makes it possible for the consumer to notify the withdrawal electronically, it will send confirmation of receipt of this notification as soon as possible after receiving it.
2. The trader will refund all payments by the consumer, including any delivery costs charged by the trader for the returned product as soon as possible, but definitely within 14 days of the day following the day on which the consumer notifies it of the withdrawal. Unless the trader offers to collect the product itself, it can refrain from making a refund until it has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
3. The trader will use the same payment method for the refund as that which the consumer used, unless the consumer agrees to a different method. The refund will be free of charge for the consumer.
4. If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the trader is not required to refund the additional costs for the more expensive method.
Article 10 — The Price
1. The prices of the products on offer will not be raised during the period of validity stated in the offer, other than in the form of price changes resulting from changes to VAT rates.
2. The prices of the products or services in the offer include VAT.
Article 11 — Compliance and Extra Guarantee
The trader guarantees that the products meet the contractual conditions, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or governmental regulations in existence on the date on which the contract was formed. If agreed, the trader also guarantees that the product is suitable for other than normal use.
Article 12 — Delivery and Execution
• The trader will take the greatest possible care in receiving and executing orders of products.
• The place of delivery is the address that the customer has communicated to the trader.
• Subject to the provisions of article 4 of these general conditions, the trader will execute accepted orders with due dispatch but within 30 days at the latest unless a different delivery period has been agreed. If the delivery is delayed or if an order cannot be completed or can be completed only in part, the consumer will be informed of this 30 days at the latest after placing the order. In that case the consumer will have the right to dissolve the contract without any charge and the right to compensation for damages.
• Following dissolution in accordance with the preceding paragraph the trader will refund the amount that the consumer has paid without delay.
• In the absence of express agreement to the contrary, the risk of damage to and/or loss of the products will be borne by the trader until the time of delivery to the customer or a representative made known to the trader beforehand.
Article 13 — Payment
1. Insofar as not stipulated otherwise in the contract or additional conditions, sums owed by the consumer must be paid within 14 days of the start of the cooling off period, or in the absence of a cooling off period within 14 days of the conclusion of the contract.
2. In the case of the sale of products to consumers, the general conditions must never require the consumer to make an advance payment of more than 50%. If an advance payment is stipulated, the consumer cannot invoke any rights whatsoever concerning the form of the relevant order or service (or services) until the stipulated advance payment has been made.
3. The consumer is obliged to report any inaccuracies in issued or stated payment details to the trader without delay.
4. If the consumer fails to comply with his payment obligation(s) on time, he will - after having been alerted to the overdue payment by the trader and the trader having granted the consumer a period of 14 days to still fufil his payment obligations, in the absence of payment within this 14 day period - be liable for interest on the outstanding sum at the rate of 3% above base rate. The trader will be entitled to charge the extrajudicial collection costs which it has actually incurred, in the event that these exceed £40/$50. These collection costs will not exceed: 15% on outstanding sums up to £2,500/$3.000; 10% on the next £2,500/$3.000, and 5% on the next £5,000/$6.000. The trader can deviate from the specified amounts and percentages in the consumer's favor.
Article 14 — Complaints Procedure
1. The trader has a sufficiently publicized complaints procedure and settles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the contract must be submitted with due despatch to the trader in full and clearly described.
3. Complaints submitted to the trader will be responded to within a period of 14 days from the date of receipt. If a complaint calls for a foreseeably longer processing period, the trader will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
Article 11 — Disputes
These terms and conditions and all contracts between the consumer and the trader shall be governed and construed in accordance with the laws of the Netherlands. In the event of a dispute or claim the consumer can refer his complaint to the SNURK Customer Service in order to seek an amicable solution.