Table of contents
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and performance
Article 12 – Ongoing transactions: duration, cancellation and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or differing 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 course of a profession or business and enters into a distance contract with the trader;
- Day: calendar day;
- Ongoing transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
- Durable medium: any means that enables the consumer or trader 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 option for the consumer to withdraw from the distance contract within the cooling-off period;
- Model withdrawal form: the model withdrawal form made available by the trader, which a consumer may complete when they wish to exercise their right of withdrawal.
- Trader: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: an agreement under which, as part of an organised system for the distance sale of products and/or services operated by the trader, one or more means of distance communication are used exclusively up to and including the conclusion of the agreement;
- Means of distance communication: a method that can be used to conclude an agreement without the consumer and trader being together in the same place at the same time.
- Terms and Conditions: these Terms and Conditions of the trader.
Article 2 – Identity of the trader
- Sneppies B.V.
- Hollandse Kade 36 D, 1391 JM Abcoude;
- Telephone number: +31 6 26789365 (Monday – Friday from 9.00 am to 5.00 pm);
- Email: Info@sneppies.com;
- Chamber of Commerce number: 86808095;
- VAT identification number: NL864092295B01;
Article 3 – Applicability
- These Terms and Conditions apply to every offer made by the trader and to every distance contract concluded and order placed between the trader and the consumer.
- Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the Terms and Conditions may be inspected and that they will be sent to the consumer free of charge as soon as possible upon request.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these 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 medium. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the Terms and Conditions can be viewed electronically and that they will be sent free of charge electronically or by other means upon request.
- If, in addition to these Terms and Conditions, specific product or service terms also apply, the second and third paragraphs will 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.
- If one or more provisions of these Terms and Conditions are wholly or partly void or are annulled at any time, the agreement and these Terms and Conditions will otherwise remain in force, and the provision concerned will be replaced without delay, by mutual agreement, with a provision that comes as close as possible to the purpose of the original provision.
- Situations not covered by these Terms and Conditions must be assessed in accordance with the spirit of these Terms and Conditions.
- Any uncertainties regarding the interpretation or content of one or more provisions of these Terms and Conditions must be interpreted in accordance with the spirit of these Terms and Conditions.
Article 4 – The offer
- If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
- The offer is non-binding. The trader is entitled to change and amend the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.
- All images, specifications and details in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.
- Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
- Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This applies in particular to:
- the price including taxes;
- any delivery charges;
- how the agreement will be concluded and what steps are required for this;
- whether or not the right of withdrawal applies;
- how the agreement will be paid for, delivered and performed;
- the period for accepting the offer, or the period during which the trader guarantees the price;
- the rate charged for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard basic rate for the communication method used;
- whether the agreement will be archived after it has been concluded and, if so, how it can be accessed by the consumer;
- how the consumer can check and, if required, correct the details they have provided in connection with the agreement before concluding it;
- any other languages, in addition to Dutch, in which the agreement may be concluded;
- the codes of conduct to which the trader has agreed to be bound and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of an ongoing transaction.
Article 5 – The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set out for it.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. Until the trader has confirmed this acceptance, the consumer may cancel the agreement.
- If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
- Within the limits of the law, the trader may check whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If, based on this assessment, the trader has reasonable grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
- The trader will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the trader’s premises where the consumer can submit complaints;
- the conditions and procedure for exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the details referred to in Article 4, paragraph 3 of these Terms and Conditions, unless the trader has already provided this information to the consumer before performing the agreement;
- the requirements for cancelling the agreement if it lasts for more than one year or is of indefinite duration.
In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
For the delivery of products:
- When purchasing products, the consumer has the option to cancel the agreement without giving a reason for 30 days. This cooling-off period begins on the day after the product is received by the consumer or by a representative previously appointed by the consumer and notified to the trader.
- During the cooling-off period, the consumer must handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they must return the product to the trader with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
- If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 30 days of receiving the product. The consumer must do this using the model withdrawal form or another means of communication, such as email. After notifying the trader that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must be able to prove that the goods were returned on time, for example by providing proof of postage.
- If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified the trader that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.
For the provision of services:
- When services are provided, the consumer has the option to cancel the agreement without giving a reason for at least 14 days, beginning on the day the agreement is entered into.
- To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the trader with the offer and/or no later than upon delivery.
Article 7 – Costs in the event of withdrawal
- The consumer is responsible for the direct cost of returning the product.
- If the consumer has paid an amount, the trader will refund this amount as soon as possible and no later than 14 days after withdrawal. This is subject to the product having already been received by the online retailer or conclusive proof of its complete return being provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
- If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting reduction in the product’s value.
- The consumer cannot be held liable for a reduction in the product’s value if the trader did not provide all legally required information about the right of withdrawal before the purchase agreement was concluded.
Article 8 – Exclusion of the right of withdrawal
- The trader 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 trader has clearly stated this in the offer, or at least in good time before the agreement is concluded.
- Exclusion of the right of withdrawal is only possible for products:
- made by the trader according to the consumer’s specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can deteriorate or age rapidly;
- whose price is subject to fluctuations in the financial market over which the trader has no control;
- for individual newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal;
- for hygiene products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
- where delivery has begun with the consumer’s express consent before the cooling-off period has ended;
- relating to betting and lotteries.
Article 9 – The price
- During the period of validity 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.
- By way of exception to the previous paragraph, the trader may offer products or services at variable prices where those prices are subject to fluctuations in the financial market over which the trader has no control. This link to market fluctuations and the fact that any prices stated are guide prices will be mentioned in the offer.
- Price increases within 3 months of the agreement being concluded are only permitted if they result from statutory regulations or provisions.
- Price increases from 3 months after the agreement has been concluded are only permitted if the trader has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the right to cancel the agreement from the day on which the price increase takes effect.
The prices for products or services stated in the offer include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing or typesetting errors. In the event of printing or typesetting errors, the trader is not obliged to supply the product at the incorrect price.
Article 10 – Conformity and guarantee
- The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the laws and/or government regulations applicable on the date the agreement was concluded. Where agreed, the trader also guarantees that the product is suitable for uses other than normal use.
- Any guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader under the agreement.
- All products are covered by the statutory guarantee. The duration of the statutory guarantee may vary depending on the nature of the product.
- Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of discovery.
- The guarantee does not apply if: the consumer has repaired and/or modified the delivered products themselves, or had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions, handled carelessly in any other way, or used contrary to the trader's instructions and/or the instructions on the packaging; the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and performance
- The trader will take the greatest possible care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
- The delivery address is the address provided to the business by the consumer.
- Subject to the provisions of paragraph 4 of this article, the business will fulfil accepted orders as soon as reasonably possible and 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 fulfilled in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement without charge. The consumer is not entitled to contractual compensation.
- All delivery periods are indicative. The consumer cannot derive any rights from the stated periods. Exceeding a delivery period does not entitle the consumer to contractual compensation.
- If the agreement is cancelled in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible and no later than within 14 days of cancellation.
- If it proves impossible to deliver an ordered product, the trader will make reasonable efforts to provide a replacement item. The consumer will be clearly and understandably informed, at the latest upon delivery, that a replacement item is being supplied. The right to cancel cannot be excluded for replacement items. The cost of any return shipment will be covered by the trader.
- The risk of damage to and/or loss of products remains with the trader until the products are delivered to the consumer or to a representative nominated in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 – Ongoing contracts: duration, cancellation and renewal
Cancellation
- The consumer may cancel an open-ended agreement for the regular delivery of products, including electricity, or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
- The consumer may cancel a fixed-term agreement for the regular delivery of products, including electricity, or services at any time before the end of the fixed term, subject to the agreed cancellation rules and a notice period of no more than one month.
- The consumer may cancel the agreements referred to in the previous paragraphs: at any time and may not be restricted to cancellation at a specific time or during a specific period; at least in the same way as the agreement was entered into; and always with the same notice period as the trader has agreed for themselves.
Renewal
- 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.
- 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 no more than three months, provided that the consumer may cancel the extended agreement at the end of the extension with a notice period of no more than one month.
- An agreement for the regular delivery of products or services entered into for a fixed term may only be tacitly extended for an open-ended period if the consumer may cancel it at any time with a notice period of no more than one month. The notice period may be no more than three months where the agreement concerns the regular delivery, less than once a month, of daily, news and weekly newspapers and magazines.
- A fixed-term agreement for the regular delivery, for introductory purposes, of daily, news and weekly newspapers and magazines (a trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.
Duration
- If an agreement lasts for more than one year, the consumer may cancel it 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
- Unless agreed otherwise, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6, paragraph 1 begins. In the case of an agreement for the provision of a service, this period begins once the consumer has received confirmation of the agreement.
- The consumer must report any inaccuracies in the payment details provided or stated to the trader without delay.
- In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs previously notified to the consumer.
Article 14 – Complaints procedure
- The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
- Complaints about the performance of the agreement must be submitted to the trader in full and with a clear description within 2 months of the consumer discovering the defects.
- Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint requires a longer processing time than expected, the trader 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 may be referred to the relevant dispute resolution procedure.
- Consumers must first contact the trader with any complaints. If the online shop is affiliated with WebwinkelKeur and a complaint cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), which will provide free mediation. Check whether this online shop has an active membership at https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer may have their complaint handled by the independent disputes committee appointed by WebwinkelKeur. Its decision is binding, and both the trader and the consumer agree to be bound by it. Costs apply when referring a dispute to this disputes committee, and these must be paid by the consumer to the relevant committee.
- A complaint does not suspend the trader's obligations, unless the trader states otherwise in writing.
- If a complaint is found to be justified by the trader, the trader will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
- Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
- The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Article 16 – Additional or differing provisions
Additional provisions or provisions that differ from these general terms and conditions may not disadvantage the consumer and must be recorded in writing or in a form that allows the consumer to store them accessibly on a durable medium.