Algemene voorwaarden

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 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 - Conformity 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 deviating provisions

Article 1 - Definitions

In these conditions, the following terms are understood to mean:

Reflection period: the period within which the consumer can make use of his right of withdrawal; Read everything about the reflection period Consumer: the natural person who does not act 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, the delivery and/or purchase obligation of which is spread over time; Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period; Model withdrawal form: the model withdrawal form that the entrepreneur makes available, which a consumer can fill in when he wishes to make use of his right of withdrawal. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for communication at a distance are used; Technique for communication at a distance: means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously in the same space. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

BLM SNKRS Citroenvlinder 44

7534 LA Enschede Netherlands

T (062) 254-4355 E blmsnkrs@gmail.com Chamber of Commerce 86403109 VAT number NL004240264B19

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders 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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur and they will be sent to the consumer free of charge upon request as soon as possible. If the distance contract is concluded electronically, in deviation 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 the consumer can easily store them 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 to the consumer free of charge electronically or in another way upon request. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation immediately by a provision that approaches the scope of the original as much as possible. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our conditions must be explained 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity or is made under conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adjust 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. All images, specifications, data in the offer are indicative and cannot lead to compensation or dissolution of the agreement. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can notify or check, within the legal framework, whether the consumer can meet the payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, 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. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing after-purchase service; d. the data 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; e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

With products: The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without giving reasons. 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 paragraph 1 starts on the day the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for several products with different delivery times provided that he clearly informs the consumer prior to the order process. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part; in the case of contracts for regular delivery of products during a given period: the day on which the consumer, or a third party designated by him, has received the first product. With services and digital content that is not supplied on a tangible medium: The consumer can dissolve a service agreement and an agreement for the supply of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. 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 paragraph 3 starts on the day following the conclusion of the agreement. Extended reflection period for products, services, and digital content that is not supplied on a tangible medium if not informed about the right of withdrawal: If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or has not provided the model withdrawal form, the reflection period expires twelve months after the end of the original, in accordance with the previous paragraphs of this article, reflection period. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, he shall report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired. The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return. If the consumer withdraws after first expressly requesting that the provision of the service or the supply of gas, water, or electricity that have not been made ready for sale, not be made in a limited volume or given quantity during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the undertaking that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full compliance with the undertaking. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium if:

a. he has not expressly agreed to the start of the performance of the agreement before the end of the reflection period; b. he has not acknowledged that he loses his right of withdrawal when giving his consent; or c. the entrepreneur has failed to confirm this statement of the consumer. If the consumer makes use of his right of withdrawal, all additional agreements end by operation of law.

Article 8 - Exclusion of the Right of Withdrawal

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 applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products:

that are produced by the entrepreneur in accordance with the consumer's specifications; that are clearly of a personal nature; that cannot be returned due to their nature; that can quickly spoil or age; whose price is tied to fluctuations in the financial market over which the entrepreneur has no control; for individual newspapers and magazines; for audio and video recordings and computer software where the consumer has broken the seal; for hygienic products where the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services:

related to accommodation, transportation, restaurant business, or leisure activities to be performed on a specific date or during a specific period; whose delivery has begun with the express consent of the consumer before the withdrawal period has expired; related to bets 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 with prices tied to fluctuations in the financial market and over which the entrepreneur has no control at variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative will be stated in the offer. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions. Price increases from 3 months after the conclusion of the contract 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 contract from the day the price increase takes effect. The prices stated in the offer of products or services are inclusive of VAT. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims based on the contract. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The products must be returned in their original packaging and in new condition. The warranty period of the entrepreneur corresponds to the manufacturer's 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. The warranty 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 handled negligently or contrary to the entrepreneur's instructions and/or the instructions on the packaging; the defect is wholly or partly the result of regulations that the government has or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care when receiving orders for products and when assessing applications for the provision of services. The consumer's address as communicated to the company will be considered the place of delivery. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the 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 placed the order. In that case, the consumer has the right to dissolve the contract at no cost. The consumer is not entitled to compensation. All delivery periods are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a period does not entitle the consumer to compensation. 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. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. It will be communicated clearly and comprehensibly during delivery that a replacement item is being supplied. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur. 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 to the entrepreneur known representative, unless expressly agreed otherwise.

Article 12 - Long-Term Transactions: Duration, Termination, and Extension

Termination

The consumer can terminate an agreement entered into for an indefinite period and that aims to deliver products regularly (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 can terminate an agreement entered into for a definite period and that aims to deliver products regularly (including electricity) or services at any time at the end of the agreed period, subject to the agreed termination rules and a notice period of no more than one month. The consumer can terminate the agreements mentioned in the preceding paragraphs:

at any time and is not limited to termination at a specific time or in a specific period; terminate at least in the same way as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself. Extension

An agreement entered into for a definite period and that aims to deliver products regularly (including electricity) or services may not be tacitly extended or renewed for a certain duration. In deviation from the previous paragraph, an agreement entered into for a definite period and that aims to regularly deliver day, news, and weekly newspapers and magazines may be tacitly extended for a certain duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month. An agreement entered into for a definite period and that aims to regularly deliver products or services may only be tacitly extended for an indefinite duration if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement aims to regularly deliver day, news, and weekly newspapers and magazines less than once a month. An agreement with a limited duration for the regular delivery of day, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically end after the trial or introductory period. Duration

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 no more than one month after one year, unless the reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract. The consumer has the duty to report promptly to the entrepreneur any inaccuracies in payment details provided or stated. In the event of consumer default, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance of the contract must be submitted to the entrepreneur in writing within 2 months after the consumer has discovered the defects. 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 of when the consumer can expect a more detailed answer. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure. In case of complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with the Stichting WebwinkelKeur and complaints that cannot be resolved through mutual agreement, the consumer must contact the Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee incurs costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

The agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad. The Vienna Sales Convention does not apply. Article 16 - Additional or Deviating Provisions

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 the consumer can store them in an accessible manner on a durable data carrier