Terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal.

2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the business.

3. Day: calendar day.

4. Continuous performance contract: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.

5. Durable medium: any means that enables the consumer or the business to store information addressed personally to them in a way that allows future reference and unchanged reproduction of the stored information.

6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.

7. Model form: the model withdrawal form provided by the business that a consumer can fill in when they want to use their right of withdrawal.

8. Business: the natural or legal person who offers products and/or services to consumers at a distance.

9. Distance contract: an agreement whereby, within the framework of a system organised by the business for the distance sale of products and/or services, the agreement is concluded exclusively through the use of one or more means of distance communication.

10. Means of distance communication: a method that can be used to conclude an agreement without the consumer and the business being in the same place at the same time.

11. General Terms and Conditions: these General Terms and Conditions of the business.

Article 2 – Identity of the business

Mr Snoep

Business address: Jelle Zijlstraweg 204 Hoorn

Phone number: 0629557531 (from 09:00 to 17:00)

Email address: klantenservice@mrsnoep.nl

Chamber of Commerce number: 95541748

VAT identification number: NL005160287B23

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the business and to every distance contract concluded and every order between the business 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, it will be stated before the distance contract is concluded that the general terms and conditions can be viewed at the business premises and will be sent to the consumer free of charge as soon as possible upon request.

3. If the distance contract is concluded electronically, then, contrary to 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 it on a durable data carrier. If this is not reasonably possible, then before the distance contract is concluded it will be stated where these general terms and conditions can be accessed electronically and that, at the consumer’s request, they will be sent free of charge electronically or in another way.

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

5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced without delay, by mutual agreement, with a provision that matches the intent of the original as closely as possible.

6. Situations not covered by these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.

7. Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The offer

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

2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

3. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, they are a true-to-life representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

5. Product images are a true-to-life representation of the products offered. The entrepreneur cannot guarantee that the colours shown exactly match the real colours of the products.

6. Each offer contains enough information to make it clear to the consumer what rights and obligations are connected to accepting the offer. This includes in particular:

o the price including taxes;

o any shipping costs;

o how the contract will be concluded and which actions are required for that;

o whether or not the right of withdrawal applies;

o the method of payment, delivery, and performance of the contract;

o the time limit for accepting the offer, or the period during which the trader guarantees the price;

o the amount of the charge for distance communication if the costs of using distance communication technology are calculated on a basis other than the regular basic rate for the communication method used;

o whether the contract will be archived after it is concluded, and if so, how the consumer can access it;

o how the consumer can check the information they provided in connection with the contract before concluding it, and correct it if desired;

o any other languages in which, in addition to Dutch, the contract can be concluded;

o the codes of conduct the trader has committed to, and how the consumer can consult these codes of conduct electronically; and

o the minimum term of the distance contract in the case of a continuing performance contract.

Optional: available sizes, colours, types of materials.

Article 5 – The contract

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set for it.

2. If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may cancel the contract.

3. If the contract is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for that purpose.

4. Within the legal framework, the trader may check whether the consumer can meet their payment obligations, as well as any other facts and factors that matter for responsibly entering into the distance contract. If, based on this check, the trader has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.

5. The business will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

a. the visiting address of the business’s premises where the consumer can go with complaints;

b. the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

c. information about warranties and existing after-sales service;

d. the details included in Article 4, paragraph 3 of these terms and conditions, unless the business has already provided this information to the consumer before performing the agreement;

e. the requirements for terminating the agreement if the agreement has a term of more than one year or is for an indefinite period.

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

7. Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the option to cancel the agreement without giving reasons within 14 days. This cooling-off period starts on the day after the consumer receives the product, or a representative designated in advance by the consumer and made known to the business.

2. During the cooling-off 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 use their right of withdrawal, they will return the product to the business with all supplied accessories and—where reasonably possible—in its original condition and packaging, in line with the reasonable and clear instructions provided by the business.

3. If the consumer wishes to use their right of withdrawal, they must notify the business within 14 days after receiving the product. The consumer must do so using the model form. After the consumer has indicated that they wish to use their right of withdrawal, the customer must return the product within 14 days. The consumer must be able to prove that the goods were returned in time, for example with proof of postage.

4. If, after the time limits mentioned in paragraphs 2 and 3, the customer has not indicated that they wish to use their right of withdrawal, or has not returned the product to the business, the purchase is final.

For the provision of services:

5. In the case of delivery of services, the consumer has the option to cancel the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.

6. To use their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the business in the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

1. If the consumer uses their right of withdrawal, at most the return shipping costs will be at their expense.

2. If the consumer has paid an amount, the business will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of full return shipment can be provided.

Article 8 – Exclusion of the right of withdrawal

1. The business may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the business has clearly stated this in the offer, or in any case in good time before the agreement is concluded.

2. Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the business in accordance with the consumer’s specifications;

b. that are clearly personal in nature;

c. that, by their nature, cannot be returned;

d. that can spoil or age quickly;

e. where the price is tied to fluctuations in the financial market beyond the business’s control;

f. for single newspapers and magazines;

g. for audio and video recordings and computer software where the consumer has broken the seal.

h. for hygiene products where 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 provided on a specific date or during a specific period;

b. where delivery has started with the consumer’s explicit 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 will not be increased, except for price changes resulting from changes in VAT rates.

2. Contrary to the previous paragraph, the business may offer products or services with variable prices if those prices are tied to fluctuations in the financial market beyond the business’s control. This link to fluctuations, and the fact that any prices shown may be guide prices, will be stated in the offer.

3. Price increases within 3 months after the agreement is concluded are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the agreement is concluded are only permitted if the seller has stipulated this and:

a. these are the result of statutory regulations or provisions; or

b. the consumer has the right to cancel the agreement as of the day the price increase takes effect.

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

6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of such errors, the seller is not obliged to supply the product at the incorrect price.

Article 10 – Compliance and Warranty

1. The seller guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or fitness for purpose, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the seller also guarantees that the product is suitable for use other than normal use.

2. Any warranty provided by the seller, manufacturer, or importer does not affect the consumer’s statutory rights and claims under the agreement against the seller.

3. Any defects or incorrectly delivered products must be reported to the seller in writing within 4 weeks of delivery. Products must be returned in the original packaging and in as-new condition.

4. The seller’s warranty period matches the manufacturer’s warranty period. However, the seller is never responsible for the final suitability of the products for any individual use by the consumer, nor for any advice regarding the use or application of the products.

5. The warranty does not apply if:

o If the consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;

o If the delivered products have been exposed to abnormal conditions, handled carelessly in any other way, or handled contrary to the seller’s instructions and/or those on the packaging;

o If the defect is wholly or partly the result of requirements that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

1. The business will exercise the greatest possible 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 provided to the company by the consumer.

3. Subject to what is stated in paragraph 4 of this article, the company will fulfil accepted orders as quickly as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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. The consumer is not entitled to compensation.

4. All delivery times are indicative. The consumer cannot derive any rights from any stated timeframes. Exceeding a timeframe does not entitle the consumer to compensation.

5. In the event of termination in accordance with paragraph 3 of this article, the business will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.

6. If delivery of an ordered product proves impossible, the business will make every effort to provide a replacement item. No later than at delivery, it will be clearly and understandably stated that a replacement item is being supplied. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the business.

7. The risk of damage to and/or loss of products remains with the business until the moment of delivery to the consumer or a representative designated in advance and made known to the business, unless expressly agreed otherwise.

8. If an order cannot be delivered due to an incorrect delivery address provided by the consumer, failure to collect the parcel from a pick-up point in time, or if an order is returned without a valid reason, the parcel will be returned to the business.

In these cases, the business is entitled to charge the consumer the processing and return costs incurred. A fixed fee of € 4.95 per return shipment applies. Any costs for reshipping may be charged to the consumer in addition.

Article 12 – Ongoing transactions: term, cancellation and renewal

Cancellation

1. The consumer may cancel an indefinite-term agreement for the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and with a notice period of no more than one month.

2. The consumer may cancel a fixed-term agreement for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed cancellation rules and with a notice period of no more than one month.

3. The consumer may, for the agreements referred to in the previous paragraphs:

o cancel at any time and not be restricted to cancellation at a specific time or during a specific period;

o cancel at least in the same way as they were entered into by the consumer;

o always cancel with the same notice period as the business has stipulated for itself.

Renewal

4. A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

5. By way of exception to the previous paragraph, a fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months, provided that the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.

6. A fixed-term agreement for the regular delivery of products or services may only be tacitly extended into an indefinite-term agreement if the consumer may cancel 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 provides for regular delivery of daily, news and weekly newspapers and magazines, but less than once a month.

7. An agreement with a limited term for the regular delivery for introductory purposes of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not renewed automatically and ends automatically after the trial or introductory period.

Term

8. If an agreement has a term of more than one year, the consumer may cancel the agreement at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness prevent cancellation before the end of the agreed term.

Article 13 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the withdrawal period as referred to in Article 6(1). In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

2. The consumer has a duty to immediately report any inaccuracies in provided or stated payment details to the business.

3. In the event of non-payment by the consumer, the business has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints procedure

The business has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the business within 7 days, fully and clearly described, after the consumer has identified the defects.

Complaints submitted to the business will be answered within 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

Submitting a dispute to this disputes committee involves costs, which must be paid by the consumer to the relevant committee. Complaints can also be submitted via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the business’s obligations, unless the business states otherwise in writing.
If a complaint is found to be justified by the business, the business will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the business and the consumer to which these general terms and conditions relate. This also applies if the consumer lives abroad.

1. The Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 – Additional or deviating provisions

Additional provisions or provisions deviating 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 the consumer can store them in an accessible manner on a durable data carrier.