Table of Contents

  • Article 1 – Definitions 1
  • Article 2 – Identity of the entrepreneur 1
  • Article 3 – Applicability 2
  • Article 4 – The offer 2
  • Article 5 – The agreement 4
  • Article 6 – Right of withdrawal 4
  • Article 7 – Costs in case of withdrawal 5
  • Article 8 – Exclusion of right of withdrawal 5
  • Article 9 – The price 6
  • Article 10 – Conformity and Warranty 6
  • Article 11 – Delivery and execution 7
  • Article 12 – Import Duties and Customs 8
  • Article 13 – Payment 8
  • Article 14 – Complaints procedure 8
  • Article 15 – Disputes 9

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  2. 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;
  3. Day: working day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
  8. Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, where, up to and including the conclusion of the contract, only one or more means of distance communication are used;
  9. Means of distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously in the same room.
  10. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Name of entrepreneur: 
Mohammed (Stackkicks)
Business address: Binnenhavenweg 7, 8211AA, Lelystad
Email address: info@stackkicks.nl
Chamber of Commerce number: 90142349

Article 3 – Applicability 

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
  2. 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 can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may 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 otherwise upon request.
  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 invoke the applicable provision that is most favorable to them.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will remain in force for the remainder, and the relevant provision will be immediately replaced by mutual agreement by a provision that approximates the intent of the original as closely as possible.
  6. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The offer

  1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer. 
  2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
  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. All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. 
  6. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
    1. The price including taxes;
    2. any shipping costs;
    3. the manner in which the agreement will be concluded and what actions are required for this;
    4. whether or not the right of withdrawal applies;
    5. the method of payment, delivery and execution of the agreement;
    6. the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
    7. the amount of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used;
    8. whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
    9. the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;
    10. any other languages in which, in addition to Dutch, the agreement can be concluded;
    11. the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
    12. the minimum duration of the distance contract in the case of a duration transaction.
    13. Optional: available sizes, colors, type of materials.

Article 5 – The agreement

  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 conditions set forth therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur 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.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment.
  4. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  5. The entrepreneur can – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract.
  6. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, with reasons, or to attach special conditions to the execution.
  7. 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 data carrier:
    1. 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;
    2. the information about guarantees and existing after-sales service;
    3. the data included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
    4. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  8. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
  9. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products. 

Article 6 – Right of withdrawal

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
  2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
  3. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. When the consumer wishes to exercise 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 do this by means of a written message/email. After the consumer has made known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
  5. If the customer has not made known that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact. 

Article 7 – Costs in case of withdrawal 

  1. If the consumer exercises their right of withdrawal, the costs for returning the products are borne by the consumer.
  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 withdrawal. This is subject to the condition that the product has already been received back by the webshop owner.

Article 8 – Exclusion of right of withdrawal

  1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in Article 8. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products: 
    1. that have been created by the entrepreneur in accordance with the consumer's specifications;
    2. that are clearly personal in nature;
    3. that cannot be returned due to their nature;
    4. that can spoil or age quickly;
    5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    6. for loose newspapers and magazines;
    7. for audio and video recordings and computer software of which the consumer has broken the seal.
    8. for hygiene products of which the consumer has broken the seal.

Article 9 – The price

  1. During the validity period 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.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted
    1. if the entrepreneur has stipulated this; 
    2. these are the result of legal regulations or provisions;
    3. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
  5. The prices of products or services stated in the offer include VAT.
  6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, 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 agreement.
  2. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  3. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
  4. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.
  5. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.
  6. The warranty does not apply if:
    1. The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
    2. The delivered products have been exposed to abnormal circumstances or are otherwise treated carelessly or in violation of the entrepreneur's instructions and/or treated on the packaging;
    3. The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

  1. The entrepreneur will observe the greatest possible care when receiving and executing product orders.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the company will process accepted orders with due speed, but no later than within 5 days. Delivery of the order usually takes place within 1 to 7 days for the Netherlands, for Belgium an average period of 1 to 2 weeks applies. In the event of a delay in delivery, this does not give the right to dissolve the agreement, unless 14 days have passed after the estimated delivery time has expired.
  4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
  6. 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 representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Import Duties and Customs

  1. Items shipped within the EU are shipped on a DDP (Delivery Duty Paid) basis, meaning all relevant import taxes and duties are included in the final purchase price.
  2. Non-EU countries may be subject to VAT and customs. When the package reaches its destination, you are responsible for paying such import duties and taxes.
  3. SECAD (Sneakerboxshop) is not responsible for any changes in currency value or exchange rates that your bank or credit card company may use when charging in your country's currency.
  4. If you have any further questions about VAT and customer duties, please contact your local customs office for more information.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after placing the order.
  2. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
  3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

  1. 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.
  2. Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more elaborate answer.
  3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
  4. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  5. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Also if the consumer resides abroad.