Terms & Conditions | SHUUGA

1. Definitions

The terms written with an initial capital have the following meaning in these General Conditions:

Article: a provision of these General Conditions of SHUUGA;

Consumer: a buyer, being a natural person, acting for purposes which are outside his or her trade, business or profession, who orders Products via the Webshop;

Agreement: a purchase, sale and delivery agreement entered into between a Consumer and SHUUGA;

Party: SHUUGA or the Consumer;

Parties: SHUUGA and the Consumer;

Personal Data: all data regarding an identified or identifiable natural person;

Privacy Statement: the statement that can be found on SHUUGA’s website [weblink] regarding the processing of Personal Data;

Product: the product that SHUUGA offers for sale in its Webshop;

SHUUGA: SHUUGA, a private company organised under Dutch law;

General Conditions: these general conditions governing the online sale and delivery to Consumers of SHUUGA;

Webshop: SHUUGA’s online sales channel (www.shuuga.shop) where Consumers may order Products.

2. General

2.1 These General Conditions govern the entry into, provisions of and performance of all Agreements entered into between the Consumer and SHUUGA.

2.2 If the Consumer places an order with SHUUGA, this person accepts SHUUGA’s General Conditions. 

2.3 The offers contain an accurate description of the Products offered. The description is sufficiently detailed to allow a Consumer to gain a sound impression of the Products offered. Obvious mistakes or errors in the description or price of a Product offered are not binding on SHUUGA.

3. Price/shipping costs

3.1 The price agreed on in each Agreement is payable by the Consumer at the moments recorded in each Agreement.

3.2 The prices of all the Products that may be ordered via the Webshop are inclusive of turnover tax (VAT).

3.3 The shipping costs are based on the destination and number of Products. The Webshop calculates the number of products and states the shipping and transport costs in question. 

3.4 The prices of Products stated in the Webshop are subject to change, for any reason.

3.5 Sales promotions and offers are valid while stocks last.

4. Delivery

4.1 SHUUGA delivers worldwide except the United States, unless the third party with which SHUUGA works together considers that impossible.

4.2 The Products are delivered at the address stated as the delivery address by the Consumer in the Webshop. If the Consumer wishes to change the delivery address and that request crosses a shipment that is ready for delivery, that change will be processed at the latest before the next delivery.

4.3 Delivery is possible only on days of which the third party engaged by SHUUGA states that it is able to deliver.

4.4 SHUUGA is not required to deliver until such time at which the Consumer provides SHUUGA with the information it requires to deliver.

4.5 With regard to the number of Products to be delivered, the number registered by SHUUGA is decisive.

4.6 All Products are generally deliverable from stock, but the delivery times stated by SHUUGA are stated for information purposes only. Late delivery does not entitle the Consumer to any compensation.

4.7 Subject to the provisions of Article 4.6 above, SHUUGA will execute accepted orders as soon as possible and, in principle, within 5 (five) working days. If a delivery is delayed, either because it is temporarily or permanently out of stock or for other reasons, or if a delivery cannot be executed or can be executed only in part, the Consumer is notified accordingly no later than 5 (five) working days after placing the order.

4.8 If the Products cannot be handed over in person, the Agreement may be performed by presenting the Products to the neighbors of the delivery address stated by the Consumer or by handing in the Products at the pickup address closest to the delivery address.

4.9 The moment of delivery and the moment at which the risk passes is the moment at which the Consumer or a third party designated by the Consumer takes delivery of the Products.

4.10 SHUUGA reserves the right at all times to refuse orders for reasons at its discretion, without that giving rise to any liability on the part of SHUUGA. The Products are intended for the Consumer and should not be resold. SHUUGA may refuse orders, for example, if it has reasonable grounds to suspect such resale. SHUUGA may furthermore limit the maximum numbers to be ordered.

5. Right of revocation; repayment

5.1 The Consumer may cancel the Agreement regarding the purchase of a Product within 14 (fourteen) calendar days after delivery of the Product, in which case he or she must then return the Product within 14 (fourteen) days after the cancellation. The right of revocation referred to in this Article 6 does not apply to personalized products.

5.2 If the Consumer exercises this right of revocation, he or she must notify SHUUGA accordingly within the aforesaid period of 14 (fourteen) calendar days by email. After cancellation, the Consumer receives instruction by email from SHUUGA regarding the prescribed manner of returning the Product.

5.3 The Consumer must return the Product to SHUUGA as soon as possible but no later than 14 (fourteen) calendar days after cancellation of the Agreement. The Consumer bears the risk and the burden of proof regarding the correct and timely exercising of the right of revocation.

5.4 Return shipments are accepted only if the Product is in its original packaging and is undamaged and unopened. The basic principle applies that the Consumer may handle and inspect the Product only as he or she would be permitted to do in a shop. Return shipments must be properly packaged. The return shipping costs are payable by the Consumer. If Products delivered are damaged or are faulty, the return shipping costs are payable by SHUUGA.

5.5 Products that are returned carriage forward are not accepted by SHUUGA and do not alter the term stated in Article 5.2.

5.6 On receipt of the returned Product, SHUUGA sends the Consumer acknowledgement of receipt. Within 14 (fourteen) calendar days after receipt of the returned Product, SHUUGA reimburses the payment for the Product to the Consumer.

6. Payment

6.1 The Consumer must pay the price and the other amounts payable under the Agreement using one of the digital payment methods available in the Webshop.

6.2 SHUUGA sends invoices and reminders to the Consumer in electronic form only. The Personal Data provided by the Consumer are decisive in that regard.

6.4 SHUUGA retains ownership of all Products delivered until the Consumer performs all his or her payment obligations towards SHUUGA in full.

7. Discount codes

The Consumer may not use SHUUGA discount codes for commercial purposes of its own or for any purpose other than that for which they were issued. The Consumer may not share personal discount codes.

8. Fraud and other unlawful acts

Any fraud or other unlawful acts, or attempted fraud or unlawful acts, are registered and result in the Consumer being barred from using discount codes.

10. Complaints and warranty

9.1 SHUUGA warrants that the Products delivered are suitable for the purpose for which the Products are intended on the grounds of the information provided by SHUUGA and warrants that the Products meet any statutory obligations and other applicable government regulations.

9.2 The Consumer must check the Products when they are made available. If the Consumer receives Products that he or she has not ordered or that are not in conformity with the Agreement in the Consumer’s opinion, or if the Consumer discovers any errors in a delivery, SHUUGA requests the Consumer to notify SHUUGA accordingly as soon as possible but no later than within 14 (fourteen) calendar days after receipt of the Products, by sending an email to info@aapvis.com

9.3 The warranty given by SHUUGA described in Article 9.1 is without prejudice to the statutory rights and claims referred to, for instance, in Articles 7:18, 7:19A, 7:21 and 7:22 of the Dutch Civil Code that the Consumer may exercise in relation to SHUUGA under the Agreement.

9.4 If a notification as referred to in Article 9.2 is justified in SHUUGA’s opinion, SHUUGA will comply within a reasonable period by replacing the Products or by refunding the purchase price of the Products to which the notification relates, at SHUUGA’s option.

10. Liability for loss

10.1 The Consumer acknowledges that SHUUGA’s liability is limited to the liability under applicable mandatory law. Any additional liability on the grounds of directory law is excluded.

10.2 A series of related loss or other events is regarded as a single event.

10.3 The Consumer must report any loss incurred by him or her to SHUUGA in writing as soon as possible but no later than 14 (fourteen) calendar days after the loss occurs or becomes known, except for loss on the grounds of nonconformity within the meaning of Article 7:17 of the Dutch Civil Code, to which a period of 2 (two) months applies. Loss that is not reported within that period is not eligible for reimbursement. All legal claims of the Consumer in relation to SHUUGA in any event expire 2 (two) years after the day on which the obligation in question under the Agreement fell due or the harmful event occurred, except for a legal claim based on nonconformity within the meaning of Article 7:17 of the Dutch Civil Code, which expires 2 (two) years after the notification referred to in the first sentence of this article.

10.4 SHUUGA is not liable for sickness or death of pets in the case of postal orders whereby the pet is able to reach and eat the packaged candy.

11. Cancellation

11.1 If the Consumer fails to perform his or her obligations under the Agreement or these General Conditions, SHUUGA may at its option:

give the Consumer the opportunity to perform his or her obligations within a reasonable period set by SHUUGA; or

cancel the Agreement by means of a written statement, without any judicial intervention being required (and with immediate effect), without being liable for any damages towards the Consumer.

11.2 Any and all claims that SHUUGA may have or obtain against the Consumer fall due immediately and in their entirety in the cases referred to in Article 11.1 above.

11.3 SHUUGA at all times reserves the right, in addition to cancellation of the Agreement, also to recover any and all loss and costs from the Consumer in the manner provided for by the applicable legislation and regulations.

12. Product recall 

SHUUGA may recall Products at its discretion, for instance to prevent unsafe Products being placed on the market or falling into or remaining in the Consumer’s hands. In the event of such a recall, SHUUGA will take the necessary measures to notify the Consumer of the recall. SHUUGA will give notice of such a recall via social media (among other channels) and by means of a message on SHUUGA’s website. SHUUGA will then request the Consumer to cooperate in such a recall of Products.

13. Intellectual property rights

13.1 All intellectual property rights in SHUUGA’s Products, trademarks, names, trade names, domain names, logos, artwork, pictures, look-and-feel, websites, promotional material, marketing material, merchandise, etc. are vested exclusively in SHUUGA and/or its licensors. Those intellectual property rights may not be used without SHUUGA’s prior consent.

13.2 No part of these General Conditions serves to arrange for or bring about a transfer of or a licence on intellectual property rights of SHUUGA for the Consumer’s benefit. SHUUGA expressly reserves all rights in that regard.

13.3 The Consumer bears the entire risk in personalized products that are defamatory, offensive, obscene, intimidating or otherwise unlawful, and in personalized products that infringe third-party intellectual property rights, whereby SHUUGA is in no event liable for third-party claims.

14. Privacy

SHUUGA handles the Consumer’s Personal Data with due care. The processing of Personal Data is governed by SHUUGA’s Privacy Statement. The Privacy Statement can be consulted and retrieved via [weblink]. SHUUGA processes Personal Data in order to perform an Agreement and for other purposes described in the Privacy Statement. The Consumer is deemed to have taken note of the Privacy Statement and the processing of the Personal Data by SHUUGA described in that Privacy Statement.

15. Communication

SHUUGA is not liable for incorrect or delayed transmission of order details and notices as a result of the use of the Internet or any other means of communication in the transactions between the Consumer and SHUUGA, or between SHUUGA and third parties, insofar as they relate to the relationship between the Consumer and SHUUGA.

16. Invalidity of one or more provisions

16.1 If any provision of the Agreement or these General Conditions is found to be invalid, the other provisions of the Agreement and these General Conditions continue to apply in full.

16.2 Insofar as permitted by legislation and regulations, if any provision of the Agreement or these General Conditions is found to be invalid or, in the circumstances in question, unacceptable by standards of reasonableness and fairness, a provision applies between the Parties that, taking all the circumstances into account, is acceptable and is as closely as possible in keeping with the scope of the original provision.

16.3 Acceptance by SHUUGA of any derogation from these General Conditions during a short or longer period, tacitly or otherwise, is without prejudice to its right to demand immediate and strict compliance with these General Conditions. The Consumer may in no event exercise any right on the grounds of lenient application of these General Conditions by SHUUGA.

17. Governing law and disputes

17.1 Agreements entered into between SHUUGA and the Consumer are governed exclusively by Dutch law.

17.2 Any and all disputes between the Consumer and SHUUGA are settled by the competent court of the Consumer’s place of residence. The Consumer may furthermore present disputes for settlement to the Court of Amsterdam.

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