Definitions

1. SneakerAsk: SneakerAsk, established in Purmerend under Chamber of Commerce number 75381966.
2. Customer: the person with whom SneakerAsk has entered into an agreement.
3. Parties: SneakerAsk and customer together.
4. Consumer: a customer who is also an individual and acts as a private person.
5. Contact: help@sneakerask.nl
   

 Applicability of general terms and conditions

1. These terms apply to all quotes, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of SneakerAsk.
2. Parties can only deviate from these terms if they have expressly and in writing agreed to do so.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Prices

1. All prices applied by SneakerAsk are in euros, include VAT, and exclude any other costs such as administration fees, levies, and travel, shipping, or transport costs, unless expressly stated otherwise or otherwise agreed.
2. All prices that SneakerAsk applies for its products or services, on its website or otherwise made known, may be changed by SneakerAsk at any time. 
3. Increases in the cost prices of products or parts thereof, which SneakerAsk could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases. 
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is due to a legal regulation.

Samples and models 

If the customer has received a sample or model of a product, he cannot derive any other rights from it than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Consequences of not paying on time

1. If the customer does not pay within the agreed term, SneakerAsk is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, with a part of a month counting as a whole month.
2. If the customer is in default, he is also liable to SneakerAsk for extrajudicial collection costs and any compensation for damages. 
3. The collection costs are calculated based on the Decree on compensation for extrajudicial collection costs. 
4. If the customer does not pay on time, SneakerAsk may suspend its obligations until the customer has fulfilled his payment obligation. 
5. In case of liquidation, bankruptcy, attachment, or suspension of payment on the part of the customer, the claims of SneakerAsk on the customer are immediately due and payable. 
6. If the customer refuses to cooperate with the execution of the agreement by SneakerAsk, he is still obliged to pay the agreed price to SneakerAsk. 

Right of reclamation 

1. As soon as the customer is in default, SneakerAsk is entitled to invoke the right of reclamation with regard to the unpaid products delivered to the customer.
2. SneakerAsk invokes the right of reclamation by means of a written or electronic notification.
3. As soon as the customer has been informed of the invoked right of reclamation, the customer must immediately return the products to which this right applies to SneakerAsk, unless the parties make other arrangements. 
4. The costs for retrieving or returning the products are borne by the customer.

Right of withdrawal 

1. A consumer can cancel an online purchase within a 14-day reflection period without giving any reason provided that:

• the product has not been used
• it is not a product that can spoil quickly, such as food or flowers
• it is not a product that has been specially made or customized for the consumer
• it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
• the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
• the product is not a trip, transport ticket, catering order, or form of leisure activity
• the product is not a loose magazine or loose newspaper
• it does not concern (an order for) urgent repair
• the consumer has not waived their right of withdrawal

2. The 14-day reflection period mentioned in paragraph 1 starts:
   • on the day after the consumer has received the last product or part of one order
   • as soon as the consumer has received the first product in a subscription
   • as soon as the consumer has received a service for the first time
   • as soon as the consumer has confirmed that they will receive digital content via the internet
3. The consumer can notify their exercise of the right of withdrawal via sneakerask@gmail.com, if desired with the help of the withdrawal form that can be downloaded from the SneakerAsk website, sneakerask.nl.
4. The consumer is obliged to return the product to SneakerAsk within 14 days after notifying their right of withdrawal, failing which their right of withdrawal will lapse. 

Reimbursement of delivery and return costs 

1. If the consumer has exercised their right of withdrawal in time and as a result has returned the complete order to SneakerAsk in time, SneakerAsk will refund any return costs paid by the consumer and any shipping costs paid by the consumer within 14 days after receipt of the timely fully returned order.  
2. The costs for returning and delivering are only borne by SneakerAsk if the entire order is returned.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention 

1. SneakerAsk can invoke its right of retention and in that case hold the customer's products until the customer has paid all outstanding invoices to SneakerAsk, unless the customer has provided sufficient security for those costs. 
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to SneakerAsk.
3. SneakerAsk is never liable for any damage the customer may suffer as a result of exercising his right of retention.

Set-off

Unless the customer is a consumer, the customer waives his right to set off a debt to SneakerAsk against a claim on SneakerAsk. 

Retention of title 

1. SneakerAsk remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards SneakerAsk under any agreement concluded with SneakerAsk, including claims regarding failure to perform.
2. Until then, SneakerAsk can invoke its retention of title and take back the goods. 
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate, or otherwise encumber the products. 
4. If SneakerAsk invokes its retention of title, the agreement is considered dissolved and SneakerAsk has the right to claim damages, lost profits, and interest.

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at SneakerAsk, unless the parties have agreed otherwise.
3. Delivery of online ordered products takes place at the address specified by the customer. 
4. If the agreed amounts are not paid or not paid on time, SneakerAsk has the right to suspend its obligations until the agreed part has been paid. 
5. In case of late payment, there is creditor default, resulting in the customer not being able to invoke a late delivery against SneakerAsk.

Delivery time 

1. The delivery times stated by SneakerAsk are indicative and do not entitle the customer to dissolution or compensation if exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts at the moment the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from SneakerAsk.
3. Exceeding the stated delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless SneakerAsk cannot deliver within 14 days after a written reminder to do so or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products they ordered can take place on time.

Transport costs 

Transport costs are the responsibility of the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have the carrier or delivery person make a note of this before accepting the product, failing which SneakerAsk cannot be held liable for any damage.
2. If the customer arranges transport of a product themselves, they must report any visible damage to products or packaging prior to transport to SneakerAsk, failing which SneakerAsk cannot be held liable for any damage.

Storage 

1. If the customer accepts ordered products later than the agreed delivery date, the risk of any quality loss is entirely borne by the customer.
2. Any additional costs resulting from early or late acceptance of products are entirely the responsibility of the customer.

Warranty

1. The warranty regarding products applies exclusively to defects caused by faulty manufacturing, construction, or material. 
2. The warranty does not apply in cases of normal wear and tear and damage resulting from accidents, modifications made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage, or theft of the products subject to an agreement between parties passes to the customer at the moment they are legally and/or actually delivered, or at least come into the possession of the customer or a third party who receives the product on behalf of the customer.

Exchange 

1. Exchanging purchased items is only possible if the following conditions are met:

• exchanges take place within 14 days after purchase upon presentation of the original invoice
• the product is returned in the original packaging or with the still attached original (price) tags
• the product has not yet been used

2. Discounted items, perishable items such as food, custom-made items or items specially adapted for the customer cannot be exchanged.

Indemnification

The customer indemnifies SneakerAsk against all claims from third parties related to the products and/or services delivered by SneakerAsk. 

Complaints

1. The customer must examine a product delivered or service provided by SneakerAsk as soon as possible for any shortcomings.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must notify SneakerAsk as soon as possible, but in any case within 1 month after discovering the shortcomings. 
3. Consumers must notify SneakerAsk of any shortcomings no later than 2 months after discovery.
4. The customer provides as detailed a description as possible of the shortcoming, so that SneakerAsk is able to respond adequately. 
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this cannot in any case lead to SneakerAsk being obliged to perform work other than that agreed upon.

Notice of default

1. The customer must notify SneakerAsk of notices of default in writing.
2. It is the customer's responsibility that a notice of default actually (timely) reaches SneakerAsk. 

Joint liability customer

If SneakerAsk enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to SneakerAsk under that agreement. 

Liability SneakerAsk

1. SneakerAsk is only liable for any damage suffered by the customer if and to the extent that the damage was caused by intent or deliberate recklessness.
2. If SneakerAsk is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
3. SneakerAsk is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
4. If SneakerAsk is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Limitation period

Any right of the customer to compensation from SneakerAsk expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.
 

Right of dissolution

1. The customer has the right to dissolve the agreement when SneakerAsk culpably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify dissolution. 
2. If the fulfillment of the obligations by SneakerAsk is not permanently or temporarily impossible, dissolution can only take place after SneakerAsk is in default. 
3. SneakerAsk has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if SneakerAsk has become aware of circumstances that give it good reason to fear that the customer will not properly fulfill his obligations. 

Force majeure

1. In addition to the provisions of article 6:75 of the Dutch Civil Code, it applies that a failure of SneakerAsk to fulfill any obligation towards the customer cannot be attributed to SneakerAsk in a situation independent of the will of SneakerAsk, which wholly or partially prevents the fulfillment of its obligations towards the customer or whereby the fulfillment of its obligations cannot reasonably be demanded of SneakerAsk. 
2. Also included in the force majeure situation mentioned in paragraph 1 are - but not exclusively - considered: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); failures and force majeure of suppliers, couriers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions. 
3. If a force majeure situation occurs that prevents SneakerAsk from fulfilling one or more obligations to the customer, those obligations will be suspended until SneakerAsk can fulfill them again. 
4. From the moment a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing. 
5. SneakerAsk is not liable for any (damage) compensation in a force majeure situation, even if it benefits from the force majeure situation.

Amendment of the agreement 

If after concluding the agreement it appears necessary to change or supplement its content for its execution, the parties will timely and in mutual consultation adjust the agreement accordingly.

Amendment of general terms and conditions

1. SneakerAsk is entitled to amend or supplement these general terms and conditions. 
2. Changes of minor importance may be implemented at any time. 
3. SneakerAsk will discuss major substantive changes with the customer as much as possible in advance.
4. Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions. 

Transfer of rights

1. Rights of the customer from an agreement between parties may not be transferred to third parties without the prior written consent of SneakerAsk. 
2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code. 

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be null or voidable, this does not affect the other provisions of these terms. 
2. A provision that is null or voidable will in that case be replaced by a provision that most closely matches what SneakerAsk had in mind when drafting the terms on that point.

Applicable law and competent court

1. Dutch law exclusively applies to every agreement between parties. 
2. The Dutch court in the district where SneakerAsk is established / practices / has an office has exclusive jurisdiction to hear any disputes between parties, unless the law mandatorily provides otherwise.

Drawn up on April 18, 2021.