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 – Continuing transactions: term, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 1 – Definitions
For the purposes of these terms and conditions:
- Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
- Consumer: a natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
- Day: calendar day;
- Continuing 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 medium 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 possibility for the consumer to withdraw from the distance contract during the cooling-off period;
- Model withdrawal form: the model withdrawal form made available by the trader, which a consumer may complete when wishing to exercise the right of withdrawal.
- Trader: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: a contract concluded within the framework of an organised distance sales system for products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the contract;
- Means of distance communication: a means that may be used to conclude a contract without the consumer and trader being together in the same place at the same time.
- General Terms and Conditions: these General 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 09:00 to 17:00);
- Email: Info@sneppies.com;
- Chamber of Commerce number: 86808095;
- VAT identification number: NL864092295B01;
Article 3 – Applicability
- These general terms and conditions apply to every offer from 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 general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate, before the distance contract is concluded, where the general terms and conditions can 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, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, 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 shall indicate, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, electronically or by other means, 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 rely on the applicable provision that is most favourable to them.
- If one or more provisions of 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 shall otherwise remain in force. The provision concerned shall be replaced without delay, by mutual agreement, by a provision that reflects the substance of the original provision as closely as possible.
- Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
- Any uncertainties regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.
Article 4 – The offer
- If an offer has a limited validity period or is subject to conditions, this shall be expressly stated in the offer.
- The offer is without obligation. 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 enable the consumer to properly assess the offer. If the trader uses images, these shall be a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer shall not bind the trader.
- All images, specifications and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
- Product images are a truthful representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
- Each offer contains information that clearly explains to the consumer the rights and obligations associated with accepting the offer. This concerns, in particular:
- the price, including taxes;
- any delivery costs;
- how 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 performance of the agreement;
- the period for accepting the offer or the period during which the trader guarantees the price;
- the tariff 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 consulted by the consumer;
- how the consumer can check and, if desired, correct the information provided by them in connection with the agreement before it is concluded;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the trader has committed and how the consumer may consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuing transaction.
Article 5 – The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfils the conditions set out therein.
- If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance electronically. Until the trader has confirmed this acceptance, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
- Within the limits of the law, the trader may verify 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 investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.
- The trader shall send the consumer, with the product or service, the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:
- the visiting address of the trader’s establishment where the consumer can submit complaints;
- 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;
- information about guarantees and existing after-sales service;
- the information 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 terminating the agreement if it has a term of more than one year or is of indefinite duration.
In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded 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 dissolve the agreement without giving reasons within 30 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.
- During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall unpack or use the product only to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product to the trader with all supplied accessories 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 the right of withdrawal, they must notify the trader within 30 days of receiving the product. The consumer must do so using the model withdrawal form or another means of communication, such as email. After notifying the trader of their intention to exercise the right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered 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 of their intention to exercise the right of withdrawal or has not returned the product to the trader, the purchase is final.
For the provision of services:
- For the provision of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is concluded.
- To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.
Article 7 – Costs in the event of withdrawal
- The consumer shall bear the direct costs of returning the product.
- If the consumer has paid an amount, the trader shall refund this amount as soon as possible and no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return can be provided. The refund shall 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 as a result of careless handling by the consumer, the consumer is liable for any reduction in the product’s value.
- The consumer cannot be held liable for a reduction in the product’s value if the trader has not provided all legally required information about the right of withdrawal before the sales 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 concluding the agreement.
- The exclusion of the right of withdrawal is only possible for products:
- that have been manufactured by the trader in accordance with the consumer’s specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that may deteriorate or expire quickly;
- whose price is subject to fluctuations in the financial market over which the trader has no control;
- in the form of individual newspapers and magazines;
- in the form of audio and video recordings and computer software whose seal has been broken by the consumer;
- in the form of hygiene products whose seal has been broken by the consumer.
The 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;
- whose provision has begun with the consumer’s express consent before the cooling-off period has expired;
- relating to betting and lotteries.
Article 9 – The price
- 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.
- By way of derogation from the previous paragraph, the trader may offer products or services at variable prices if their prices are subject to fluctuations in the financial market over which the trader has no control. This link to fluctuations, and the fact that any prices stated are indicative prices, shall be mentioned in the offer.
- Price increases within 3 months of the agreement being concluded are permitted only if they result from statutory regulations or provisions.
- Price increases from 3 months after the agreement has been concluded are permitted only if the trader has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer for products or services 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 such an error, 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, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations applicable on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
- Any guarantee provided by the trader, manufacturer or importer does not affect the statutory 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 or have otherwise been handled carelessly or contrary to the trader's instructions and/or the instructions on the packaging; the lack of conformity is wholly or partly the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.
Article 11 – Delivery and performance
- The trader will exercise the greatest possible care when receiving and fulfilling orders for products and assessing applications for the provision of services.
- The delivery address is the address that the consumer has provided to the company.
- Subject to the provisions of paragraph 4 of this article, the company will fulfil accepted orders with due speed 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 partially, 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 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 period does not entitle the consumer to contractual compensation.
- If the agreement is terminated 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 termination.
- If it becomes impossible to deliver an ordered product, the trader will endeavour to provide a replacement item. The consumer will be informed clearly and understandably, at the latest upon delivery, that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment will be borne 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 designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 – Continuing contracts: duration, termination and renewal
Termination
- The consumer may terminate a contract concluded for an indefinite period and covering 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.
- The consumer may terminate a contract concluded for a fixed period and covering the regular delivery of products (including electricity) or services at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate the contracts referred to in the previous paragraphs: at any time and may not be restricted to termination at a specific time or during a specific period; at least in the same way as they were entered into; always with the same notice period as the trader has stipulated for itself.
Renewal
- A contract concluded for a fixed period and covering the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
- By way of derogation from the previous paragraph, a contract concluded for a fixed period and covering the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer may terminate the extended contract at the end of the extension with a notice period of no more than one month.
- A contract concluded for a fixed period and covering the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract covers the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
- A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines on a trial or introductory basis (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
- If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
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 after the consumer has received confirmation of the agreement.
- The consumer is obliged to 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 is entitled, subject to statutory limitations, to charge reasonable costs that were disclosed to the consumer in advance.
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 fully and clearly described within 2 months after the consumer has identified the defects.
- Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
- In the event of a complaint, the consumer must first contact the trader. If the online shop is affiliated with WebwinkelKeur and the 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 via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer may have the 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. A fee is payable by the consumer to the relevant committee for submitting a dispute to this disputes committee.
- A complaint does not suspend the trader's obligations, unless the trader states otherwise in writing.
- If the trader finds a complaint to be justified, the trader will, at its discretion, either 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, including where the consumer resides abroad.
- The Vienna Sales Convention 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 accessibly on a durable medium.