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Terms and Conditions.

Terms and Conditions

 

 

1. Definitions

2. Company information

3. Applicability

4. The offer

5. The agreement

6. Right of withdrawal

7. Costs in case of withdrawal

8. Exclusion of right of withdrawal

9. The price

10. Compliance and warranty

11. Delivery and implementation

12. Duration transactions: duration, cancellation and extension.

13. Payment

14. Complaints procedure

15. Disputes

16. Additional or different stipulations

17. Liability

18. Age limit

 

 

 

 

1. Definitions

In these conditions the following terms have the following meanings:

 

 

1.1 Reflection period: the period within which the consumer can use his right of withdrawal.

1.2 Consumer: the person who does not act in the name of a profession or business and that is going into a distance contract with the entrepreneur.

1.3 Day: calendar day.

1.4 Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;

1.5 Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

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

1.7 Model form: the model withdrawal form that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal.

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

1.9 Distance contract: an agreement whereby, within the framework of a system for the distance selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the agreement, use is exclusively made of one or more techniques for remote communication.

1.10 Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same room at the same time.

1.11 General Conditions: the present General Conditions of the entrepreneur.

 

 

 

 

 

 

 

 

 

 

 

2. Company information

 

 

Snusalert

 

3542EE, Utrecht

The Netherlands.

 

 

 

Phone : +31 6 17 20 12 45  (Monday-Friday from 09:00 till 17:00)

E-mail: Info@snusalert.com

Company-Number : 72120215

BTW/VAT-Number : NL245118846B01

 

 

 

 

 

3. Applicability

3.1 These general terms and conditions apply to every offer from the company Snusalert and to every distance contract and orders between the company and the consumer.

3.2 Before the distance contract is concluded, the text of these general terms and conditions will be made available for the customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.

 

 

 

3.3 If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

 

3.4 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most appropriate to him is beneficial.

 

3.5 If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these terms and conditions will remain in force and the relevant provision will be replaced immediately in mutual consultation by a provision that the approximation as much as possible of the original.

 

3.6 Situations not covered by these terms and conditions should be assessed "in the spirit" of these terms and conditions.

 

 

3.7 Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained "in the spirit" of these general terms and conditions.

 

 

 

4. The offer

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

4.2 The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

4.3 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

4.4 All images, specifications in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

4.5 Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown exactly match the real colours of the products.

4.6 Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the

 

 

 

 

special:

 

4.6.1      The price including taxes.

 

4.6.2      Any shipping costs.

 

4.6.3      The way in which the agreement will be concluded, and which actions are required for this.

 

4.6.4      Whether or not the right of withdrawal applies.

 

4.6.5      The method of payment, delivery and implementation of the agreement.

 

4.6.6      The term for accepting the offer, or the term within which the entrepreneur guarantees the price.

 

4.6.7      The level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used.

 

4.6.8      Whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer.

 

4.6.9      The way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if necessary, restore it.

 

4.6.10   Any other languages ​​in which, in addition to Dutch, the agreement can be concluded.

 

4.6.11   The behavioural codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioural codes electronically.

 

4.6.12   The minimum duration of the distance contract in the event of an extended transaction.

 

4.6.13   Optional: available sizes, colours, type of materials.

 

 

 

 

 

5. The agreement

 

 

 

5.1 The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.

 

 

 

5.2 If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

 

 

 

5.3 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

 

 

 

5.4 The entrepreneur can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

 

 

 

5.5 The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

 

5.5.1      The visiting address of the establishment of the entrepreneur where the consumer can complain.

 

5.5.2      The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

 

5.5.3      Information about guarantees and existing after-sales service.

 

5.5.4      The information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.

 

5.5.5      The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

 

 

 

5.6 In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

 

 

 

5.7 Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

 

 

 

 

6. Right of withdrawal

 

 

 

When delivering products:

 

6.1 When purchasing products, the consumer has the option to dissolve the contract without giving any reason for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

 

 

 

6.2 During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

 

 

6.3 If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer identifies.

 

 

 

6.4 If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.

 

 

 

 

 

 

 

When providing services:

 

 

 

6.5 When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.

 

 

 

6.6 To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.

 

 

 

 

 

7. Costs in case of withdrawal

 

7.1 If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.

 

 

 

7.2 If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Refund will be made using the same payment method used by the consumer unless the consumer expressly gives permission for another payment method.

 

 

 

7.3 If the product is damaged due to careless handling by the consumer, the consumer is liable for any diminished value of the product.

 

 

 

7.4 The consumer cannot be held liable for a decrease in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the purchase agreement is concluded.

 

 

 

8. Exclusion of right of withdrawal

 

 

 

8.1 The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

 

 

 

8.2 Exclusion of the right of withdrawal is only possible for products:

 

 

 

A.    That have been created by the entrepreneur in accordance with the consumer's specifications.

 

8.2.1           That have been created by the entrepreneur in accordance with the consumer’s

specifications.

 

8.2.3      Which by their nature cannot be returned.

 

8.2.4      Which are clearly personal in nature.

 

8.2.5      That can spoil or age quickly.

 

8.2.6      Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.

 

8.2.7      For individual newspapers and magazines.

 

8.2.8      For audio and video recordings and computer software of which the consumer has broken the seal.

 

8.2.9      For hygienic products of which the consumer has broken the seal.

 

 

 

8.3  Exclusion of the right of withdrawal is only possible for services:

 

 

8.3.1  Whose delivery has begun with the express consent of the consumer before the reflection period has expired.

 

8.3.2  Concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period.

 

8.3.3  Concerning bets and lotteries.

 

 

 

9. The price

 

 

9.1 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 as a result of changes in VAT rates.

 

 

 

9.2 Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.

 

 

 

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

 

 

 

9.4 Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

 

9.4.1      they are the result of statutory regulations or provisions.

 

9.4.2      the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.

 

 

 

9.5 The prices stated in the offer of products or services include VAT.

 

 

 

9.6 All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

 

 

 

10. Conformity and Warranty

 

10.1 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 condition on the date of the conclusion of the agreement. The following legal provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

 

 

 

10.2 A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

 

 

 

10.3 Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition.

 

 

 

10.4 The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

 

 

 

 

 

10.5             The warranty does not apply if:

 

10.5.1   The consumer has repaired and / or processed the delivered products himself or has had them repaired and / or processed by third parties;

 

10.5.2   The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;

 

10.5.3   The defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

 

 

 

11. Delivery and implementation

 

 

 

11.1 The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

 

 

 

11.2 The place of delivery is the address that the consumer makes known to the company.

 

 

 

11.3 Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.

 

 

 

11.4 All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.

 

 

 

11.5 In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

 

 

 

11.6 If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of the entrepreneur.

 

 

 

11.7 The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

 

 

 

 

12. Duration transactions: duration, cancellation and extension

 

Cancellation

 

12.1 The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.

 

12.2 The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.

 

 

 

 

 

12.3         The consumer can the agreements mentioned in the previous paragraphs:                                 

 

12.3.1   Cancel at any time and not be limited to cancellation at a specific time or in a specific period.

 

12.3.2   Cancel at least in the same way as they have been entered into by him.

 

12.3.3   Always cancel with the same notice period as the entrepreneur has donated for himself.

 

 

 

Extension

12.4 An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed period.

 

 

12.5 Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a limited period of up to three months, if the contract -sumer can cancel this extended agreement at the end of the extension with a notice period of up to one month.

 

 

12.6 A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

 

 

12.7 An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

 

 

 

Duration

12.8 If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of up to one month, unless the reasonableness and fairness oppose cancellation before the end of the agreement.

 

 

 

13. Payment

 

13.1 Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to grant a service, this period commences after the consumer has received the confirmation of the agreement.

 

13.2 The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur without delay.

13.3 In the event of default by the consumer, the entrepreneur has the right to charge the reasonable costs made known to the consumer, subject to legal restrictions.

14. Complaints procedure

 

14.1 The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaint’s procedure.

 

14.2 Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

 

14.3 Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

 

 

 

14.4 If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.

 

14.5 In case of complaints, a consumer must first contact the entrepreneur. If the web shop is affiliated with the WebwinkelKeur Foundation and complaints that cannot be resolved by mutual agreement, the consumer must turn to the Webwin-kelKeur Foundation (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree with this binding statement. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

 

 

 

14.6 A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

14.7 If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the products delivered free of charge at its choice.

15. Disputes

15.1 Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

15.2 The Vienna Sales Convention does not apply.

 

 16. Additional or different stipulations

 

Additional or deviating provisions 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 they can be stored by the consumer in an accessible manner on a durable data carrier.

 

 

 

17. Liability

 

17.1 Under no circumstances are Snusalert.com, our officers, employees, directors, trainees and or service providers or licensors liable for any injury, loss claim or any direct or indirect, incidental, punitive, special or consequential damages of any kind including without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages.

 

Regardless of whether it is based on a contract, tort and including any form of negligence, strict liability or otherwise. Snusalert accepts no liability for the consequences that occur in connection with the use of our products and services. Snusalert has clearly informed the consumer / user of the possible consequences of this product. The choice to consume / use / share this product despite the warnings of the health risks to consume is your own choice and therefore at your own risk.

 

17.2 Snusalert.com does not point out to the consumer that users who order, buy, purchase, purchase, purchase, purchase, purchase from Snusalert products in any case are not liable for this, since nicotine is highly addictive and harmful to health. Nicotine can be highly addictive and deadly, and nicotine contributes to disease (s).

 

 

 

17.3 Warning labels are also placed on the product / or the order / attachment of the order.

 

In view of article 6: 186 paragraph 1 under Dutch Civil Code, Snusalert will endeavor to place this correctly on the product / packaging / attachment of the order.

 

 

 

17.4 All products offered by Snus Alert in the range as well as all related information have been carefully considered and compiled.

 

No form of rights can be derived from this and no guarantee is given for the correctness thereof. Snusalert does not accept any liability whatsoever for errors or inaccuracies or for the consequences that arise from the use of this information or our services.

 

17.5 Snusalert is not liable for the consequences of printing and / or typing errors. Typesetting errors are neither recognized nor accepted under any liability. In the case of printing and typesetting errors where intent has not been proven, it is not mandatory for the entrepreneur to deliver the product at an incorrect price.

 

 

 

18. Age limit

 

 18.1 For the age limit, we use an age limit of at least 18 years old for our products in the range.

 Therefore, Snusalert cannot accept or deliver orders to persons under 18 years old.

 By agreeing to the terms of delivery you confirm that you are 18 years or older.

  Snusalert is not liable for those who are not 18 years or older who still authorize / use / consume the product.

 

 

 Beware the products in our range contain nicotine. Nicotine is highly addictive and harmful to health.

 

 

 

 

 

 

 

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