General terms and conditions

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 Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Performance
Article 12 - Duration Transactions: Duration, Cancellation, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
Article 17 - Repair and/or Special Orders

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract concerning a series of products and/or services, whose delivery and/or performance obligations are spread over time;
Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that future consultation and unchanged reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: a contract whereby, in the context of a system for distance selling of products and/or services organized by the entrepreneur, only one or more means of distance communication are used up to and including the conclusion of the contract;
Distance communication technique: a medium that can be used for concluding a contract, without the consumer and entrepreneur being physically present in the same space.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Shogun B.V.
Netwerk 75-77
1446 WS Purmerend

Phone number: 020 - 370 5658
Email: support@shogun.shop

Chamber of Commerce number: 77.75.07.05
VAT identification number: NL861125940B01

Relevant Permit System:
Recognition for Arms Trade number 20171409629

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and will be sent to the consumer free of charge as soon as possible upon request.
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 may be made available to the consumer electronically in such a way that it can be stored on a durable medium by the consumer in an easily accessible manner. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or in another way free of charge upon request.
In case specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs will apply accordingly and the consumer may always rely on the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
If one or more provisions of these general terms and conditions are or become invalid or void, the agreement and these terms and conditions will remain in effect for the rest, and the invalid provision will be replaced by a provision that approximates the original intent as closely as possible through mutual agreement.
Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms should be explained in the spirit of these general terms and conditions.

ARTICLE 4 - THE OFFER

If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a full and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make an informed judgment about the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and information in the offer are indicative and may not be the basis for claims or contract dissolution.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors match exactly with the real colors of the products.
Each offer includes such information that makes it clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This includes particularly:

the price including taxes;
any shipping costs;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the contract;
how the consumer can check and, if necessary, correct the data provided by them before concluding the contract;
any other languages in which, besides Dutch, the contract can be concluded.

ARTICLE 5 - THE AGREEMENT

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer without delay electronically. 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within the legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as any facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good reasons not to conclude the agreement based on this investigation, they are entitled to refuse an order or request, or to attach special conditions to its execution.
When delivering the product or service, the entrepreneur will send the consumer the following information, in writing or in a manner that can be stored by the consumer on a durable medium in an accessible way:
a. the visiting address of the entrepreneur's establishment where the consumer can file complaints;
b. the conditions under which and how the consumer can exercise the right of withdrawal, or a clear notice of the exclusion of the right of withdrawal;
c. the information about guarantees and after-sales services;
d. the details mentioned in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided these details to the consumer before the execution of the agreement;
e. the requirements for cancellation if the agreement lasts more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL

For the delivery of products:

When purchasing products, the consumer has the possibility to cancel the agreement without giving any reason within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer must handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all supplied 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.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The notification must be made using the model form. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example, by means of proof of dispatch.
If the consumer has not notified their intention to exercise the right of withdrawal or has not returned the product within the timeframes mentioned in paragraphs 2 and 3, the purchase becomes final.
When the consumer uses the right of withdrawal, they are responsible for the return shipping costs. The consumer must keep the proof of shipment. If the package is not received by the entrepreneur, no refund will be made, unless it can be proven that the package was indeed delivered to the entrepreneur.

For the delivery of services:

For the delivery of services, the consumer has the possibility to cancel the agreement without giving any reason within at least 14 days, starting from the day the agreement is concluded.
To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the time of delivery.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, the maximum costs of returning the product are at their expense.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. However, this is subject to the condition that the product has been received by the web shop. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly agrees to another method of payment.
If the product is damaged due to careless handling by the consumer, the consumer is responsible for any depreciation of the product.
The consumer cannot be held responsible for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the purchase agreement was concluded.
If the original order was worth more than €100 and no shipping costs were charged, but the total value after returning items is less than €100, the entrepreneur will charge the shipping costs. This amount will be deducted from the refund.

ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL

The entrepreneur can exclude the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in time before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur according to the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is linked to fluctuations in the financial market beyond the control of the entrepreneur;
f. for audio and video recordings and computer software of which the consumer has broken the seal
g. products that have been specially ordered for the customer.
h. when the products are damaged by the customer's use and are not returned in original condition, the entrepreneur has the right to deduct the depreciation from the refunded amount.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
b. whose delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.

ARTICLE 9 - THE PRICE

During the validity period mentioned 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.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and which the entrepreneur has no control over, at variable prices. This linkage to fluctuations and the fact that any listed prices are indicative will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to cancel the agreement starting from the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to typographical and printing errors. The entrepreneur does not accept any liability for the consequences of typographical and printing errors. In the case of typographical and printing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

ARTICLE 10 - CONFORMITY AND WARRANTY

The entrepreneur ensures that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable laws and/or government regulations existing at the time the agreement is concluded. If agreed, the entrepreneur also ensures that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert under the agreement.
The warranty period of the entrepreneur matches the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual use by the consumer, nor for any advice regarding the use or application of the products.
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after receiving the products, fully and clearly described.
After submitting a warranty request, the entrepreneur will process it within 14 days. If the request is approved, the consumer must return the defective product within 14 days. If not returned within the specified time, the entrepreneur will reassess the warranty request.
The warranty does not apply if:

The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
The delivered products have been exposed to abnormal conditions or have been treated carelessly or in violation of the entrepreneur's instructions and/or packaging;
The defect is wholly or partly due to regulations set by the government or to be set concerning the nature or quality of the applied materials.

ARTICLE 11 - DELIVERY AND PERFORMANCE

The entrepreneur will take the greatest care when receiving and executing orders for products and when assessing requests for the provision of services.
The consumer must check the order within 7 days after receipt for completeness and/or damage and report this fully and clearly to the entrepreneur if found.
The delivery address is the address the consumer has provided to the entrepreneur.
Subject to the provisions mentioned in paragraph 4 of this article, the entrepreneur 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 delivery is delayed or if an order cannot be fully or partially executed, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to cancel the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned times. Exceeding a deadline does not entitle the consumer to compensation.
In case of cancellation according to paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 30 days after cancellation.
If delivery of a ordered product proves impossible, the entrepreneur will make efforts to provide a substitute item. No later than at delivery, it will be clearly and understandably communicated that a substitute item is being delivered. For substitute items, the right of withdrawal cannot be excluded. Return shipping costs are the responsibility of the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless otherwise agreed.
Products that are shipped in a box longer than 120 cm are exclusively delivered by PostNL to the provided address.
The entrepreneur is not responsible for products that are illegal in the country of receipt; the consumer is responsible for ensuring that the ordered products comply with local laws. The entrepreneur cannot be held liable for damage such as confiscation or destruction.
If a shipment is returned by the courier service due to an incorrect address provided by the consumer or because the order was not picked up at a pickup point in time, the consumer is responsible for the shipping costs of resending the package.

ARTICLE 12 - DURATION TRANSACTIONS: DURATION, CANCELLATION, AND EXTENSION

Cancellation

The consumer can cancel an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed cancellation rules and a notice period of at most one month.
The consumer can cancel an agreement that has been entered into for a fixed period and that involves the regular delivery of products (including electricity) or services, at any time, before the end of the fixed period, subject to the agreed cancellation rules and a notice period of at most one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:

at any time and not limited to cancellation at a specific time or during a specific period;
at least cancel in the same manner as they entered into the agreement;
always cancel with the same notice period as the entrepreneur has agreed for themselves.

Extension

An agreement that has been entered into for a fixed period and that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a specific period.
In deviation from the previous paragraph, an agreement that has been entered into for a fixed period and involves the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a specific period of up to three months, provided the consumer can cancel this extended agreement at the end of the extension with a notice period of at most one month.
An agreement that has been entered into for a fixed period and that involves the regular delivery of products or services can only be automatically extended for an indefinite period if the consumer can cancel it at any time with a notice period of at most one month, and with a notice period of at most three months in the case of agreements that involve the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
An agreement for a limited duration to deliver daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and will end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year, with a notice period of at most one month, unless reason and fairness prevent cancellation before the end of the agreed period.

ARTICLE 13 - PAYMENT

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the obligation to immediately notify the entrepreneur of any inaccuracies in the provided or indicated payment details.
In the case of default by the consumer, the entrepreneur, subject to legal restrictions, is entitled to charge reasonable costs previously communicated to the consumer.

ARTICLE 14 - COMPLAINTS PROCEDURE

The entrepreneur has a sufficiently disclosed complaints procedure and will handle the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted within 7 days after receiving the products, fully and clearly described, to the entrepreneur.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed response.

ARTICLE 15 - DISPUTES

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, 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 on a durable medium in an accessible manner.

ARTICLE 17 - REPAIR AND/OR SPECIAL ORDERS

Repairs that are not covered by the warranty provisions are carried out at the client's expense and risk. The contractor is not liable for damage to the client's property resulting from or related to the execution of repair work.
The contractor provides a 3-month warranty on repairs. However, this warranty only applies to the repaired part; issues or defects not directly traceable to the repair are not covered. If the defect arises due to improper use or actions by the client, it is not covered by the warranty.
If the client does not pick up the repaired items and any accessories within 6 months after completion, and payment of the repair and any additional costs, the repaired items become the property of the contractor and the client waives all ownership rights.
When a price estimate is sent for a repair and/or special order, it is valid for 5 working days. If no agreement is reached within 5 working days, the estimate expires. If the contractor has not received a response to the estimate within 6 months, the item will be returned to the address provided by the client.
Special orders cannot be returned under the right of withdrawal or exchanged for another product.
The client must immediately check the repaired product or special order upon receipt. Any problems or defects must be reported immediately. If not reported within a reasonable period, the contractor is not responsible for repairing the issue or defect.
No warranty applies to ordered parts or special orders that are installed by the client.
During the duration of the repair agreement, no custody applies.

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