Terms and conditions
Article 1 - Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Entrepreneur: the natural of legal person providing distance products and/or services to consumers;
- Consumer: the natural person not acting in the exercise of his/her profession or business and entering into a distance contract with the entrepreneur;
- Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organised by the Entrepeneur for distance sale of products and/or services;
- Technology for distance communication: a means to be used for concluding an agreement, without the consumer and the entrepeneur being together in the same place at the same time;
- Cooling-off period: the period during which the Consumer may exercise the right of withdrawal;
- Right of withdrawal: the option for Consumers to withdraw from the distance contract within the cooling-off period;
- Day: calendar day;
- Continuing performance contract: a distance contract concerning a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period;
- Long-term data carrier: any means that allow the Consumer or the Entrepreneur to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.
Article 2 - The Entrepreneur's identity
Athleteshop B.V. Rostockweg 5 9723 HG Groningen Nederland
On Maandag t/m Vrijdag van 09:00 tot 21:00 you can reach us by telephone number: +31 (0)85 9020165.
You can also reach us by e-mail at: email@example.com).
Article 7 – Costs in case of withdrawal
- Should the Consumer exercise the right of withdrawal, only the returning costs are at the Consumer's expense.
- If the Consumer has made payment, the Entrepreneur shall return this amount as soon as possible, but within not more than 14 days after the return or withdrawal.
Article 8 – Exclusion of the right of withdrawal
- If the Consumer does not have the right of withdrawal, the Entrepreneur can exclude this right only of the Entrepreneur indicated this clearily in the offer or at least in good time before concluding the contract.
- The right to cancel does not apply to the following kind of contracts:
- Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
- Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
- Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
- Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
- Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
Article 9 – The price
- The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
- Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
- Price increases within 3 months afer concluding the contract are permitted only if the Entrepreneur has stipulated it and
- they are the result of legal regulations or stipulations; or
- the Consumer has the authority to cancel the contract before the day on which the price increase starts.
- All prices indicated in the provision of products or services including VAT.
Article 10 – Conformity and Guarantee
- The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded..
- An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or Importer shall not affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur's obligations based on the law and/or the distance contract.
Article 11 – Unrequested delivery
- Delivery of products and/or services will exclusively be done on the Consumers explicit request.
- That which is sent may, if desired, be kept by the Consumer free of charge, or it can be sent back free of charge.
Article 12 – Delivery and execution
- The Entrepreneur shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to the company.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless al onger delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiated the contract free of charge and with the right to possible compensation.
- In the event of repudiation under the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
- If delivering an ordered product turns out to be impossible, the Entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The costs of the return shpment are to be borne by the Entrepreneur.
- Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the Entrepreneur until the time they are delivered to the Consumer.
Article 13 – Continuing performance contract
- The Consmer may at all times terminate the contract concluded for an indefinite time with due observance of the agreed cancellation arrangements and with at least one month's notice.
- A contract concluded for a definite time has a validity of two years at the most. If it was agreed that the distance contract will be extended in case of the Consumer 's slience, the contract will be continued as a contract for an indefinite time and will be valid for one month at he most after continuation of the contract.
Article 14 – Payment
- Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled within 14 days after delivery of the goods, or in the event of an agreement to provide a service, within 14 days after the delivery of documents relating to this service.
- When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. When an advance payment was agreed, the Consumer may not assert any right regarding the execution of that order or the provision of the service in question before the agreed advance payment has been made.
- The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.
- In case of nonpayment on the part of the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined resonalbe costs incurred to the Consumer.
Article 15 – Complaints procedure
- The Entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.
- Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.
- The complaints submitted with the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a forseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when teh Consumer can expect a more detailed reply.
- If the complaint cannot be solved by joint consultation, there will be a dispute that is open to the dispute settlemen rules.
Article – 16 Additional or varying provisions
Additional provisions of and/or deviations form these General Terms and Conditions may not be to the Consumer's detriment and must be put in writing or be recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.