Article 1 – Definitions
In these conditions the following definitions apply:
1. Reflection period: the period within which you can exercise your right of withdrawal;
2. Consumer (You): the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with us;
3. Day: calendar day;
4. Durable data carrier: any means that allows You or us to store information addressed to him/her personally in a manner that allows future consultation and unchanged reproduction of the stored information.
5. Right of withdrawal: the option for you to cancel the distance contract within the cooling-off period;
6. Entrepreneur (we): the natural or legal person who offers products and/or services remotely;
7. Distance agreement: an agreement in which, within the framework of a system organized by us for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one of more techniques for communication on distance ;
8. Remote communication technology: means that can be used to conclude an agreement without you and us being in the same room at the same time.
Article 2 – Identity of the entrepreneur
Sportiff Health Care BV
De Eerensplein 9, 2593 NA Den Haag
Article 3 – Applicability
1. These general terms and conditions apply to every offer from us and to every distance contract concluded between you and us.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to you. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that our general terms and conditions can be viewed and they will be sent free of charge as soon as possible at your 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 can be made available to you electronically in such a way that it can be read by you can be easily stored 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 viewed electronically and that they will be sent free of charge electronically or otherwise at your 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, you can always rely on the applicable provision that is most appropriate for you. is favorable.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable you to properly assess the offer. If we use images, they are the most truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind us.
3. Each offer contains such information that it is clear to you what the rights and obligations are associated with acceptance of the offer. This concerns in particular:
• the price including taxes;
• the possible costs of delivery;
• the manner in which the agreement will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and execution of the agreement;
• whether the agreement is archived after its conclusion, and if so, how it can be consulted by you;
• the way in which, before concluding the agreement, you can check the data provided by you in the context of the agreement and, if desired, restore it;
• any other languages in which, in addition to Dutch, the agreement can be concluded;
• we deliver within 4-6 weeks after the order has been placed. It will be delivered via courier;
• we do not accept returns. If it is a well-founded complaint, we will deliver again as soon as possible
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of your acceptance of the offer and compliance with the conditions set therein. You will be asked, among other things, to take note of these general terms and conditions, and if you respond in the affirmative, you will accept an obligation to purchase.
2. If you have accepted the offer electronically, we will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by us, you can terminate the agreement.
3. If the agreement is concluded electronically, we will take appropriate technical and organizational measures to secure the electronic transfer of data and we will ensure a secure web environment. If you can pay electronically, we will take appropriate security measures.
4. We can inform ourselves – within legal frameworks – whether you can meet your payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, we have good reasons not to enter into the agreement, we are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. We will provide you with the following information with the product or service, in writing or in such a way that it can be stored by you in an accessible manner on a durable data carrier:
• the visiting address of our branch where you can go with complaints;
• the conditions under which and the manner in which you can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• the information about warranties and existing after-sales service;
• the information included in Article 4, paragraph 3 of these conditions, unless we have already provided this information to you before execution of the agreement.
Article 6 – Right of withdrawal
1. When purchasing products, you have the option to terminate the agreement without giving reasons within fourteen days. This cooling-off period commences on the day after receipt of the product by You or a representative designated in advance by You and made known to us.
2.During the reflection period, you will handle the product and packaging with care. You will only unpack or use the product to the extent necessary to assess whether you wish to keep the product. If you exercise your right of withdrawal, you will return the product to us with all accessories supplied and – if reasonably possible – in the original condition and packaging, still with the tags attached to the products, in accordance with our instructions. provided reasonable and clear instructions.
3. If you terminate the agreement, you are obliged to return the products in question within fourteen days. This period starts on the day that you indicate that you wish to exercise your right of withdrawal in the method indicated by us.
4. To exercise your right of withdrawal, you will follow the reasonable and clear instructions provided by us with the offer and/or at the latest upon delivery.
Article 7 – Costs in case of withdrawal
1. If you exercise your right of withdrawal, you will be responsible for a maximum of the return shipping costs.
2. If you have paid an amount, we will refund this amount as soon as possible, but no later than fourteen days after cancellation. This is subject to the condition that the product has already been received back by us or conclusive proof of complete return can be submitted.
Article 8 – Exclusion of right of withdrawal
1. We can exclude your right of withdrawal to the extent provided in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if we have clearly stated this in the offer, or at least in a timely manner before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
• which have been created by us in accordance with your specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature
• the price of which is dependent on fluctuations in the financial market over which we have no influence.
3. Exclusion of the right of withdrawal is only possible for services, the delivery of which has begun with your express consent before the cooling-off period has expired;
Article 9 – The price
1. During the period of validity 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, we may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which we have no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within three months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. The prices stated in the offer of products or services exclude VAT.
Article 10 – Conformity and Warranty
1. We guarantee that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. The warranty only applies to zippers if the product has not yet been used/worn and still has the original attached labels and tags.
2. If agreed, we also guarantee that the product is suitable for other than normal use.
3. A warranty provided by us, the manufacturer or importer does not affect the legal rights and claims that you can assert against us under the agreement.
Article 11 – Delivery and execution
1. We will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that you have provided to us.
3. Taking into account what is stated in Article 4 of these general terms and conditions, we will execute accepted orders expeditiously, but no later than within thirty days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, you will be notified of this no later than thirty days after you have placed the order. In that case, you have the right to terminate the agreement without costs and the right to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, we will refund the amount you paid as soon as possible, but no later than thirty days after dissolution.
5. If delivery of an ordered product proves impossible, we will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. We will bear the costs of any return shipment.
6. The risk of damage and/or loss of products rests with us until the moment of delivery to you or a representative designated in advance and made known to us, unless expressly agreed otherwise.
Article 12 – Payment
1. Unless otherwise agreed, the amounts owed by you must be paid within seven working days after the commencement of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after you have received confirmation of the agreement.
2. You have the obligation to immediately report to us any inaccuracies in payment details provided or stated.
3. In the event of non-payment by You, we have the right, subject to legal restrictions, to charge the reasonable costs communicated to You in advance.
Article 13 – Complaints procedure
1. Complaints about the execution of the agreement must be submitted to us, fully and clearly described, within fourteen days of receipt of the products or services, after you have discovered the defects.
2. Complaints submitted to us will be answered within fourteen days from the date of receipt. If a complaint requires a foreseeably longer processing time, we will respond within fourteen days with an acknowledgment of receipt and an indication of when you can expect a more detailed response.
3. If the complaint cannot be resolved by mutual agreement, a dispute will arise.
Article 14 – Disputes
1. The Dutch text of these general terms and conditions prevails over translations thereof.
2. Agreements between you and us to which these general terms and conditions apply are exclusively governed by Dutch law.
3. Unless otherwise provided by mandatory law, all disputes will be submitted to the competent court.
4. If any of the provisions of these general terms and conditions are deviated from or prove to be void, the other provisions will remain in full force.
5. For questions, complaints or comments about these general terms and conditions, you can contact us in writing (e-mail) (see article 2).
