Terms and Conditions
Contents
- Article 1 – Definitions
- Article 2 - Identity of the company
- Article 3 - Relevance
- Article 4 - The offer
- Article 5 - The agreement
- Article 6 - Right of withdrawal
- Article 7 - Consumer’s obligations during the reflection period
- Article 8 - Exercising the Consumer’s right of withdrawal and the costs
- Article 9 - Entrepreneur’s obligation in case of withdrawal
- Article 10 - Exclusion of the right of withdrawal
- Article 11 - The price
- Article 12 - Compliance and additional warranty
- Article 13 - Delivery and execution
- Article 14 - Continuing performance contract: duration, termination and extension
- Article 15 - Payment
- Article 16 - Retention of ownership
- Article 17 – Complaints
- Article 18 – Disputes
- Article 19 - Additional or different provisions
Article 1 – Definitions
In these Terms, the following terms shall have the following meanings:
Additional agreement: an agreement in which the consumer acquires products, digital content and/or services with respect to a distance contract and these goods, digital content and/or services are delivered by the enterpriseor a third party on the basis of an arrangement between this third party and the enterprise;
Reflection period: the period during which the consumer may use his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
Sustainable data carrier: any means, including email, that allow the consumer or the company to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
Right of withdrawal: the consumer’s option not to proceed with the distance contract within the cooling-off period;
Enterprise: the natural of legal person who provides products, (access to) digital content and or services to consumers at a distance;
Distance contract: a contract concluded by the enterprise and the consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
Technology for distance communication: a means to be used for concluding an agreement without the consumer and the enterprise being together in the same place at the same time.
Article 2 – Identity of the enterprise
Address:
Sockyzz
7904HPHoogeveen
the Netherlands
Email: info@sockyzz.com
Phone: +31 85 876 9897
Dutch Chamber of Commerce: 76772691
VAT-Identification: NL003114091B46
Article 3 – Relevance
These general terms apply to any offer from the enterprise and to any distance contract agreed upon by the enterprise and the consumer.
Before concluding a distance contract, the entrprise shall make the text of these general terms available to the consumer. If this is not within reason, the enterprise shall indicate in what way the general terms can be examined and ensure that they will be sent to the consumer free of charge if so requested.
If the distance contract is concluded electronically, in deviation from the previous section and before the distance contract is concluded, the text of these general terms may also be supplied to the Consumer electronically in such a way that the consumer can easily store it on a long- term data carrier. If this is not within reason, it will be specified where the general terms can be viewed electronically and that they will be sent to the consumer free of charge, either via electronic means or otherwise, per the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms, the second and third sections shall apply accordingly; in the event of contradictory terms and conditions, the consumer may always appeal to the most favourable applicable condition.
Article 4 – The offer
If an offer has a limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
The offer contains a full and accurate description of the products, digital content and/or services offered. The description is of sufficient detail to allow the consumer to give an adequate assessment of the offer. If the enterprise makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the enterprise.
All offers contain enough information so as to make clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
Subject to the conditions in article 4, the contract becomes valid when the consumer has accepted the offer and fulfilled the terms and conditions set.
If the consumer accepted the offer via electronic means, the enterprise shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the consumer may repudiate the contract.
If the contract is concluded electronically, the enterprise will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the enterprise shall observe appropriate security measures.
The enterprise may, within the limits of Dutch law, gather information about the consumer’s ability to fulfill his payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, acting on the results of this investigation, the enterprise has sound reasons to not conclude the contract, the enterprise is entitled by law to refuse an order or request supported by reasons, or to attach additional terms to the execution of the contract.
Before delivering the product, the enterprise shall send the following information along with the product, the service or the digital content in writing or in such manner that the consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of the business establishment where the consumer may get into contact with any complaints;
b. the conditions on which and the manner in which the consumer may exercise the right of withdrawal, or, when applicable, clear information about his being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and warranty;
d. the price including all taxes of the product, service or digital content, where applicable the delivery costs, payment method, delivery or implementation of the distance contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
f. the standard form for withdrawal if the consumer has the right of withdrawal.
In case of a continuing performance contract, the stipulation in the previous sub-clause only applies to the first delivery.
Article 6 – Right of withdrawal
In case of products:
The consumer can repudiate a purchase contract for a product without a given reason within a reflection period of 30 days. The enterprise may ask the consumer about the reason for the withdrawal but cannot force him to state his reason(s).
The reflection period referred to in sub-clause 1 starts on the day the product is received by the consumer or by a third party appointed by him in advance and who is not the carrier, or
a. if the consumer ordered several products in the same order: the day on which the consumer or a third party appointed by him received the last product. The enterprise may refuse an order of several products with different delivery dates provided that he clearly informs the consumer prior to the order process.
b. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
c. in case of an agreement about regular delivery of products during a given period: the day on which the consumer or a third party appointed by him received the first product.
In case of services and digital content that is not delivered on a physical carrier:
The consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons within 30 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
The reflection period referred to in sub-clause 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:
If the enterprise has not provided the consumer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period expires twelve months after the end of the original reflection period in accordance with the reflection period determined in the previous sub-clauses of this article.
If the enterprise provided the consumer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the reflection period expires 30 days after the day the consumer received the information.
Article 7 – Consumer’s obligations during reflection period
During this period, the consumer shall handle the product and the packaging with care. The consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
The consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
The consumer is not liable for the decrease in value of the product if the enterprise has not provided him with all legal information about the right of withdrawal before concluding the contract.
Article 8 – Exercising the Consumer’s right of withdrawal and the costs
If the consumer exercises his right of withdrawal he shall notify the enterprise unambiguously with the standard form for withdrawal within the reflection period.
The consumer shall return the product or deliver it to (the authorized representative of) the enterprise as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the enterprise offered to collect the product himself. The consumer observed the period of returning the product if the product is returned before the expiration of the reflection period.
The consumer shall return the product with all delivered accessories and if within reason in the original state and packaging and in conformity with reasonable and clear instructions given by the enterprise.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal falls onto the consumer.
The consumer shall bear the direct costs of returning the product.
If the consumer exercises his right of withdrawal, all additional agreements end by operation of law.
Article 9 – Company's obligations in case of withdrawal
If the enterprise allows the notification of withdrawal byelectronic means , he shall promptly send a return receipt.
The enterprise will reimburse via the same payment method the consumer used, unless the consumer agrees to an alternative. Reimbursement is free of charge for the consumer.
If the consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the enterprise need not reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The enterprise can exclude the following products and services from the right of withdrawal but only if the enterprise gives clear notification when making the offer or at any rate in good time before concluding the agreement:
Products or services with a price that is subject to fluctuations in the financial market on which the enterprise has no influence and which may occur within the period of right of withdrawal;
Services agreements, after full performance of the service, but only if:
a. the performance started with the consumer’s explicit prior consent; and
b. the consumer stated that he will lose his right of withdrawal as soon as the enterprise has fully performed the agreement.
Service agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transports, car rental services and catering;
Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
Perishable products or products with a limited durability.
Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
Products which for their nature are irreversibly mixed with other products;
Sealed audio and video recordings and computer programs of which the seals were broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions to them;
The delivery of digital content other than on a physical carrier, but only if:
a. the performance was started with the consumer’s explicit prior consent;
b. the consumer stated that he will lose his right of withdrawal by doing so.
Article 11 - The price
Prices as indicated at the time of the conclusion of the contract are binding.
Prices and models as shown in pricelists or presswork are subject to change. The entrepreneur is not responsible for typographical errors.
All prices indicated in the range of products or services are including VAT.
Article 12 – Performance of an agreement and extra warranty
The enterprise guarantees that the products and/or services comply with the contract; with the specifications listed in the offer; with reasonable requirements of usability and/or reliability; with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed upon, the enterprise also guarantees that the product is suitable for other than normal use.
An extra warranty offered by the enterprise, its supplier, manufacturer or importer shall never affect the rights and claims the consumer may exercise against the enterprise about a failure in the fulfillment of the enterprise's obligations if the enterprise has failed in the fulfillment of his part of the agreement.
Under 'extra warranty' falls any and each obligation by the enterprise, its supplier, importer or manufacturer in which he assigns certain rights or claims to the consumer that go further than legally required, if the enterprise has failed in the fulfillment of his part of the agreement.
Article 13 – Delivery and execution
The enterprise shall exercise the best possible care when processing orders and when assessing requests for the provision of services.
The place of delivery is the address given by the consumer to the entrepreneur.
With due observance of the stipulations in Article 4 of these general terms, the enterprice shall execute accepted orders with adequate speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer shall be informed about this 30 days after ordering. In such cases, the consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
After repudiation in conformity with the preceding sub clause, the enterprise shall reimburse the consumer promptly.
The risk of loss and/or damage to products will be borne by the enterprise until the time of delivery to the consumer or a representative appointed by the consumer in advance and made known to the enterprise, unless explicitly agreed otherwise.
Article 14 – Continuing performance agreements: termination, renewal, duration
Termination
The consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
The consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
The consumer can cancel the agreements mentioned in the preceding paragraphs:
- at any time and not be limited to termination at a particular time or in a given period;
- at least in the same way as they were concluded by him;
- at all times with the same notice as the Entrepreneur stipulated for himself.
Renewal
An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
Notwithstanding the preceding sub clause, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for specific period of three months at the most if the consumer can terminate this extended agreement towards the end of the extension with a notice of one month at the most.
An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.
An agreement with limited duration of regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.
Duration
If the duration of a contract is more than one year, the consumer may terminate the contract at any time after one year with a one month notice, unless reasonableness and fairness resist the termination before the end of the agreed term.
Article 15 – Payment
Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Consumer.
Article 16 - Retention of ownership
Ownership of the delivered goods does not transfer to the consumer until after payment is fulfilled.
Article 17 - Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure. In case of a complaint the consumer can call to +31 85 876 9897 or email: info@sockyzz.com.
Complaints about the execution of the agreement must be submitted fully and clearly described to the enterprise within a reasonable time after the consumer has discovered the defects. Either via phone +31 85 876 9897 or email info@sockyzz.com
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 respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
The consumer is required to allow a period of 4 weeks to pass for the enterprise to consult about the complaint. After this 4-week term the complaint can be turned into a dispute.
Article 18 - Disputes
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.
The Vienna Sales Convention does not apply.
These terms have been translated from Dutch. When in doubt during a dispute the Dutch text of these general terms is determinative.
Article 19 - Additional or different provisions
Additional provisions or deviating from these 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 medium.