TERMS AND CONDITIONS High Performance Sports TABLE OF CONTENTS Article 1 – DEFINITIONS Article 2 – APPLICABILITY Article 3 – PURCHASE AGREEMENT Article 4 – RIGHT OF WITHDRAWAL Article 5 – DISSOLUTION Article 6 – PRICE Article 7 – PAYMENT Article 8 – DELIVERY Article 9 – WARRANTY Article 10 – COMPLAINTS AND DISPUTES Article 1 – DEFINITIONS The following terms have the following meaning in these terms and conditions: Entrepreneur – the natural or legal person acting in the context of his trade, business, craft or profession, with the following identity: High Performance Sports Postal address: Zijperweg 24, Schagen Email address: email@example.com Chamber of Commerce number: 61277851 VAT number: NL002135479B51 Consumer – the buyer acting for purposes outside his trade, business or profession Parties – the entrepreneur and the consumer Offer – the products, services, or the digital content or service that the entrepreneur offers for sale to the consumer Purchase – the product, service, or digital content or digital service that is purchased by the consumer from the entrepreneur by means of the purchase agreement Cooling off period – the period within which the consumer has the right of withdrawal Day – calendar day Right of withdrawal – the consumer's right to dissolve the purchase within the cooling-off period Purchase agreement – the conclusion of an agreement in which the entrepreneur undertakes to give an item and the consumer undertakes to pay a purchase price for this item Distance purchase – a purchase contract concluded between the trader and the consumer within the framework of an organized system for distance sales or services without the simultaneous personal presence of the trader and the consumer and where only one or more means are used for remote communication
Article 2 – APPLICABILITY These general terms and conditions apply to all distance purchase agreements concluded between the entrepreneur and the consumer. Before concluding the purchase agreement, the general terms and conditions are made available to the consumer in such a way that they can be stored by the consumer. If additional or different conditions apply to the purchase agreement, these will be provided to the consumer in the same manner. In the event of conflicting additional or deviating conditions, the most favorable conditions for the consumer will apply. Article 3 – PURCHASE AGREEMENT The distance purchase agreement is concluded by an offer from the entrepreneur and acceptance of this offer by the consumer. The offer is fully and truthfully described by the entrepreneur, including the associated conditions. The entrepreneur informs the consumer of his rights and obligations pertaining to acceptance of the offer. The entrepreneur states clearly and legibly with the offer, and at the latest at the start of the ordering process, whether there are any restrictions on delivery and which means of payment are accepted. When concluding the agreement, the entrepreneur provides the consumer with the following information in a clear and comprehensible manner: a) the identity, postal and visiting address, telephone number and e-mail address of the entrepreneur; b) the main features of the purchase; c) the price of the purchase including all taxes and any delivery charges; d) the method of payment, delivery and performance, and the associated terms and any costs; e) the complaint handling policy of the entrepreneur; f) if the consumer has the right of withdrawal, the conditions, term, and modalities for exercising that right, where applicable, the method of returning the purchase, and, where applicable, the reimbursement of costs, as well as the model form for dissolution; g) if the consumer does not have a right of withdrawal, the information that the consumer does not have a right of withdrawal or, where applicable, the circumstances in which the consumer waives his right of withdrawal; h) a reminder of the existence of the legal guarantee that the purchase must comply with the contract, and any assistance to the consumer after purchase; i) insofar as applicable, the duration and termination conditions of the agreement; j) where applicable, the existence of and the conditions for financial guarantees that the consumer must provide at the request of the trader. If the agreement has arisen at a public auction, the provision of the information referred to in paragraph 5 under a is fulfilled by providing the corresponding details of the auctioneer.
Article 4 – RIGHT OF WITHDRAWAL The consumer has a cooling-off period of 14 days from the conclusion of the agreement to withdraw from the agreement without giving reasons. The cooling-off period starts on the day after the consumer has received the product. If the purchase consists of several products, the cooling-off period starts on the day after the consumer has received the last product. If the product is delivered in several shipments, the cooling-off period starts on the day after the consumer has received the last shipment. The above remains unaffected if the product is received by a third party designated by the consumer. If there is an agreement for the supply of water, gas or electricity that has not been prepared for sale in a limited volume or in a certain quantity, or for district heating, the cooling-off period commences on the day after the agreement is concluded. For withdrawal, the consumer can use the withdrawal form provided by the entrepreneur, or another unambiguous statement to that effect to the entrepreneur. If the requirements set out in Article 3(5)(f) are not met, the cooling-off period referred to in paragraph 1 of this article will be extended by the time that has elapsed from the time when the cooling-off period commenced until the moment when all missing data have been provided to the consumer in the prescribed manner, with a maximum extension of 12 months. The right of withdrawal does not apply in the following cases, provided that the entrepreneur has clearly stated to the consumer before concluding the agreement that the right of withdrawal is excluded: a) agreements whose purchase price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the termination period; b) contracts concluded by public auction; c) contracts in which the consumer has specifically requested the entrepreneur to visit him to carry out urgent repairs or maintenance, unless: – it concerns additional services that the consumer has not expressly requested; – it concerns the delivery of items other than those necessary to carry out the maintenance or repair;
d) contracts for the supply of products that are manufactured on the basis of the consumer's choice or are clearly intended for the specific consumer; e) agreements for the delivery of products that spoil quickly or have a limited shelf life; f) contracts for the delivery of products that cannot be returned for health or hygiene reasons and the seal of which has been broken after delivery; g) agreements for the delivery of products which, due to their nature, are irrevocably mixed with other items after delivery; h) contracts for the supply of alcoholic beverages, the price of which was agreed upon when the contract was concluded, but of which: – the delivery can only take place after 30 days, and; – the actual value depends on fluctuations in the market over which the entrepreneur has no influence; i) agreements for the delivery of audio recordings, video recordings and computer software of which the seal has been broken after delivery; j) contracts for the delivery of newspapers, periodicals or magazines, with the exception of a contract for the regular delivery of such publications.
Article 5 – DISSOLUTION If the consumer has the right of withdrawal, makes use of this right within the cooling-off period, and has informed the entrepreneur about this by means of the model form for dissolution provided by the entrepreneur, or another unambiguous statement to that effect, the agreement between the parties will be dissolved. By dissolution of the purchase agreement, all additional agreements will also be dissolved by operation of law. After dissolution, the entrepreneur will immediately, but within 14 days after receipt of the information referred to in paragraph 1 of this article, reimburse all payments received from the consumer, including delivery costs in proportion to the part of the agreement that is being dissolved, in the same payment method as has been used by the consumer to pay for the purchase, unless the consumer has expressly agreed to another free payment method. If the consumer has opted for a delivery other than the cheapest delivery chosen by the entrepreneur when concluding the agreement, the entrepreneur is not obliged to reimburse the additional costs for this delivery method. If the purchase has already been delivered or has been sent for delivery, the consumer will return the purchase in good condition immediately after dissolution, but within 14 days after the announcement referred to in paragraph 1 of this article, or hand it over to the entrepreneur or a person designated by the entrepreneur, unless the nature of the purchase requires this to be collected by the entrepreneur. Unless it has been agreed that the entrepreneur will pick up the purchase, the consumer can only claim compliance with the refund referred to in the previous paragraph when the entrepreneur has received the purchase or provides the consumer with proof that the purchase has been returned to the entrepreneur.
The costs for returning the purchase are for the account of the consumer, unless the entrepreneur has failed to inform the consumer that these costs are for his account. The consumer is only liable for depreciation of the purchase if he has used the purchase more or otherwise than necessary to determine the nature, characteristics and operation of the purchase. The consumer is not liable for depreciation if the entrepreneur has not provided the information in accordance with Article 3, paragraph 5 under f. If the consumer revokes the contract after he has expressly requested performance of the contract for the supply of water, gas or electricity, which has not been prepared for sale in a limited volume or in a specific quantity, or for district heating, the consumer is owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of exercising the right of withdrawal. The proportional amount that the consumer must pay to the entrepreneur is calculated on the basis of the total price as laid down in the agreement, insofar as the total price is not excessive. If the total price is excessive, the pro rata amount will be calculated on the basis of the market value of the part of the contract that has been performed. The consumer shall not bear any costs for the supply of water, gas or electricity, which have not been prepared for sale in a limited volume or in a certain quantity, or for district heating, which have been provided in whole or in part during the withdrawal period, if: – the entrepreneur has failed to provide the information in accordance with Article 3, paragraph 5 under f or g, or; – the consumer has not expressly requested the aforementioned delivery during the termination period. The consumer is not liable and does not owe any costs for exercising his right of withdrawal, without prejudice to the provisions of paragraph 8, as well as Article 5, paragraph 4.
Article 6 – PRICE The prices stated in the offer are in euros and include VAT. The entrepreneur is not authorized to increase the stipulated price after the conclusion of the agreement, unless the consumer is authorized to dissolve the agreement in the event of a price change. The prohibition referred to in the previous paragraph does not apply if the price increase is the result of a statutory price increase. In the event of a price increase, the consumer will be informed in good time, and no later than one month before the price change, of the effective date of the change and the changed price. Article 7 – PAYMENT When entering into the agreement, the entrepreneur is authorized to require a down payment from the consumer of no more than 50% of the purchase price. Until the consumer has paid the down payment, the consumer cannot assert any rights with regard to the execution of the agreement. The part of the payment that takes place afterwards must be paid by the consumer within 0 days after the start of the cooling-off period, or if no cooling-off period applies, after the conclusion of the agreement. If the consumer does not comply with his payment obligation or does not meet it in time, whereby the payment terms are strict deadlines, the consumer is in default by operation of law. In the event that the consumer, after having been given another 14 days to complete the payment, still does not make the payment, the consumer owes statutory interest on the outstanding amount and the entrepreneur can charge the extrajudicial collection costs incurred by him. bring. The entrepreneur can only deviate in favor of the consumer from the statutory amount of the statutory interest and collection costs on the outstanding payment.
Article 8 – DELIVERY The entrepreneur is responsible for delivering the purchase in a careful manner, to the location that the consumer has indicated as the delivery address. The risk associated with the delivery rests with the entrepreneur until the moment of delivery to the consumer or a third party designated by the consumer, unless expressly agreed otherwise. The consumer must ensure that the delivery can take place on time. Delivery will take place immediately, but within 30 days after the conclusion of the agreement, unless a different delivery time has been agreed and/or stated in the offer. If the agreed delivery time is exceeded, the consumer is entitled to dissolve the agreement without costs. In the event that there is dissolution in accordance with the previous paragraph, and the purchase price has already been paid in full or in part by the consumer, the entrepreneur will immediately refund the amount paid. Article 9 – WARRANTY The entrepreneur ensures that every purchase meets the specifications of the offer and the reasonable requirements for normal use. Any seller's or manufacturer's warranty provided by the entrepreneur to the consumer does not affect the scope of the legal warranty. The above guarantees do not apply in the event of normal wear and tear or damage caused by culpably improper use, or negligence in the maintenance of the purchase by the consumer.
Article 10 – COMPLAINTS AND DISPUTES Dutch law applies to every agreement between the parties. The entrepreneur has a complaint handling procedure that is accessible to the consumer. If the consumer has a complaint, this complaint must be made known to the entrepreneur immediately and clearly described. The entrepreneur responds to complaints within 14 days. In the case of an unsolvable complaint, it can also be submitted to the competent court. Done on: June 1, 2020