Terms and Conditions
General terms and conditions Snooze Club https://snooze-club.com/
General conditions based on model conditions of WebwinkelKeur.
Contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Articele 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
- Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
- Day: Calendar day.
- Continuous transaction: A distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
- Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered 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 form: The model withdrawal form provided by the entrepreneur, which a consumer can use when exercising their right of withdrawal.
- Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
- Distance contract: A contract concluded within the framework of an organized system for the remote sale of products and/or services, where only one or more means of remote communication are used up to and including the conclusion of the contract.
- Means of remote communication: A tool that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time.
- General Terms and Conditions: These General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
VD GOODS (operating under the name Snooze Club)
Pauwenkamp 58
3607GE Maarssenbroek
Netherlands
T: (085) 060-7719
E: info@snooze-club.com
Chamber of Commerce (KVK): 77831268
VAT number: NL003095165B48
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
- 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, the entrepreneur will 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 upon request.
- If the distance contract is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph and before the distance contract is concluded, be made available electronically in such a way that the consumer can store them easily on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically, and they will be sent free of charge upon request.
- In addition to these general terms and conditions, specific product or service terms may apply. In case of conflicting general terms, the consumer may always invoke the provision most favorable to them.
- If any provision in these general terms and conditions is null or annulled, the agreement and the remaining terms remain in effect, and the void provision will be replaced by a provision that approximates the original intent as closely as possible.
- Situations not covered in these general terms and conditions must be assessed in accordance with the spirit of these terms.
- Any ambiguities about the interpretation or content of one or more provisions of these terms must be interpreted in line with the intent of these general terms and conditions.
Article 4 - The Offer
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If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
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The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.
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The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent errors or mistakes in the offer do not bind the entrepreneur.
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All images, specifications, and data in the offer are indicative and cannot give rise to claims for damages or contract cancellation.
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Product images are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
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Each offer contains clear information on consumer rights and obligations associated with acceptance, including:
- The price, including taxes
- Possible shipping costs
- How the contract will be established and the necessary steps
- Whether the right of withdrawal applies
- Payment, delivery, and contract execution details
- The acceptance deadline or the period during which the entrepreneur guarantees the price
- The cost of remote communication if it differs from the standard base rate
- Whether the contract will be archived and how the consumer can access it
- How the consumer can check and correct the information they provided before concluding the contract
- Other languages in which the contract can be concluded besides Dutch
- Codes of conduct the entrepreneur adheres to and how the consumer can access them electronically
- The minimum duration of the distance contract if it is a continuous transaction
Article 5 - The Contract
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The contract is concluded when the consumer accepts the offer and fulfills the stated conditions.
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If the consumer accepts the offer electronically, the entrepreneur will confirm receipt immediately. Until this confirmation is received, the consumer can cancel the contract.
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If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure electronic data transfers and ensure a secure web environment. If the consumer pays electronically, the entrepreneur will take appropriate security measures.
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The entrepreneur may check, within legal boundaries, whether the consumer can meet their payment obligations and assess relevant factors for responsibly entering into the contract. If justified, the entrepreneur may refuse an order or attach special conditions.
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The entrepreneur will provide the consumer with the following information in writing or in a way that allows easy storage on a durable data carrier:
- The entrepreneur’s business address for complaints
- The conditions and procedure for withdrawal, or a statement if withdrawal is excluded
- Information on warranties and post-purchase services
- Details included in Article 4, paragraph 3, unless already provided before the contract was executed
- Cancellation conditions for contracts longer than one year or of indefinite duration
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In the case of a continuous transaction, the above applies only to the first delivery.
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Each contract is subject to the availability of the relevant products.
Article 6 - Right of Withdrawal
For product purchases:
- The consumer has the right to cancel the contract within 30 days without giving any reason. The withdrawal period begins the day after the consumer or an appointed representative receives the product.
- During the withdrawal period, the consumer must handle the product and packaging with care and only unpack or use it as necessary to assess the product. If they exercise their right of withdrawal, they must return the product with all accessories in its original state and packaging, following the entrepreneur’s instructions.
- The consumer must notify the entrepreneur within 30 days of receiving the product if they wish to withdraw, using the model form or another communication method (e.g., email). After notification, the consumer must return the product within 14 days, providing proof of return, such as a shipping receipt.
- If the consumer does not notify the entrepreneur within the given period or does not return the product, the purchase is final.
For service contracts:
- The consumer may cancel a service contract within at least 30 days from the contract date without giving a reason.
- To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur.
Article 7 - Costs in Case of Withdrawal
- The consumer bears the direct costs of returning the product.
- If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this is subject to the condition that the product has already been received by the retailer or that conclusive proof of the complete return has been provided. The refund will be made using the same payment method that the consumer used unless the consumer explicitly agrees to a different payment method.
- If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value.
- The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal before concluding the purchase agreement.
Article 8 - Exclusion of the Right of Withdrawal
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The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only applicable if the entrepreneur has clearly stated this in the offer or, at least, before the conclusion of the agreement.
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Exclusion of the right of withdrawal is only possible for products:
- that have been manufactured according to the consumer’s specifications;
- that are clearly personal in nature;
- that, by their nature, cannot be returned;
- that can spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- that are single issues of 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.
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Exclusion of the right of withdrawal is only possible for services:
- relating to lodging, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
- where delivery has begun with the consumer’s explicit consent before the withdrawal period has expired;
- concerning betting and lotteries.
Article 9 - The Price
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no influence, at variable prices. This dependence on market fluctuations and the fact that any mentioned prices are indicative will be stated in the offer.
- Price increases within three months of concluding the agreement are only allowed if they result from legal regulations or provisions.
- Price increases after three months of concluding the agreement are only allowed if the entrepreneur has stipulated this and:
- they result from legal regulations or provisions; or
- the consumer has the right to terminate the agreement as of the day the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to supply the product at the incorrect price.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations at the date of the agreement's conclusion. If agreed upon, the entrepreneur also guarantees that the product is suitable for use beyond normal conditions.
- Any additional guarantees provided by the entrepreneur, manufacturer, or importer do not affect the statutory rights and claims that the consumer can assert under the agreement against the entrepreneur.
- All products are subject to the statutory warranty. The duration of the statutory warranty may vary depending on the nature of the product.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two months of the defect being discovered.
- The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products themselves or has 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 entrepreneur’s instructions and/or those on the packaging;
- the defect is wholly or partially due to government regulations regarding the nature or quality of the applied materials.
Article 11 - Delivery and Execution
- The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing applications for service provision.
- The delivery address is the address the consumer has provided to the business.
- With due observance of the provisions in paragraph 4 of this article, the business shall execute accepted orders with due speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed within 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without cost. The consumer has no right to compensation.
- All delivery terms are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
- In case of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
- If delivery of an ordered product is impossible, the entrepreneur shall endeavor to provide a replacement item. The consumer will be informed in a clear and comprehensible manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is borne by the entrepreneur.
- The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration Transactions: Duration, Termination, and Renewal
Termination
- The consumer may terminate an indefinite agreement for 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 fixed-term agreement for 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 agreements referred to in the previous paragraphs:
- at any time and not be restricted to termination at a specific time or period;
- at least in the same manner as they were entered into;
- always with the same notice period as the entrepreneur has set for themselves.
Renewal
- A fixed-term agreement for the regular delivery of products or services may not be automatically extended or renewed for a fixed period.
- Contrary to the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a maximum period of three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
Article 13 - Payment
- Unless otherwise agreed, the amounts due by the consumer must be paid within seven business days from the start of the withdrawal period.
- The consumer must report any inaccuracies in payment details provided or stated to the entrepreneur immediately.
- In case of non-payment, the entrepreneur has the right to charge reasonable costs, provided these have been communicated in advance.
Article 14 - Complaints Procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
- Complaints must be submitted within two months after discovery.
Article 15 - Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer.
Article 16 - Additional or different provisions
Additional provisions or provisions deviating from these general 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.