Terms and Conditions
Table of Contents
- Article 1 - Definitions
- Article 2 - The entrepreneur’s identity
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The agreement
- Article 6 - Right of withdrawal
- Article 7 - Obligations of the consumer during the cooling-off period
- Article 8 - Costs in case of withdrawal
- Article 9 - Obligations of the entrepreneur in the case of withdrawals
- Article 10 - Exclusion of the right of withdrawal
- Article 11 - The price
- Article 12 - Conformity and guarantee
- Article 13 - Delivery and execution
- Article 14 - Duration transactions: duration, cancellation and renewal
- Article 15 - Payment
- Article 16 - Complaints procedure
- Article 17 - Disputes
- Article 18 - Privacy
- Article 19 - Additional or different terms
ARTICLE 1 - DEFINITIONS
In these Terms and Conditions, the following terms shall have the following meaning:
Consumer: a natural person who does not act in the course of a profession, business or craft;
Continuing performance contract: a contract that extends to the regular delivery of products, services and/or digital content during a certain period;
Cooling-off period: the period within which the consumer may exercise his right of withdrawal;
Day: a calendar day;
Distance Contract: an agreement in which, up to the conclusion of the agreement, exclusive use is made of one or more technologies of distance communication within the scope of the system organized by the entrepreneur for distance sales of products and / or services;
Entrepreneur: the natural of legal person who is providing products and / or services to consumers;
Long-term data carrier: any means that allow the consumer or the entrepreneur to store information directed to him personally in a way to make future consultation and unaltered reproduction of the stored information possible;
Right of withdrawal: the option that the consumer has to decide against conclusion of the distance contract within the cooling-off period;
Technique for distance communication: any method that can be used to conclude an agreement without the consumer and the entrepreneur being together in the same place at the same time.
ARTICLE 2 - THE ENTREPRENEUR'S IDENTITY
Name entrepreneur: Athlete.nl B.V.
Operating under the name of: Athleteshop
9723 HG, NL
Telephone number: (0)20 38 07 45 75
Telephone opening hours: Monday till Friday from 8:00 till 16:00.
Email address: email@example.com
E-mail opening hours: Monday till Friday from 8:00 till 21:00. Weekend from 11:00 till 18:00.
Information and content on our website is compiled with the greatest care. Nevertheless, it is possible that information or content is incomplete and / or contains inaccuracies. Athleteshop excludes all liability for any direct or indirect damage arising from the use of our website, the (un)availability of our website and / or the information and content obtained through this website, including information and content of third parties and hyperlinks to websites of third parties.
ARTICLE 3 - APPLICABILITY
- These general terms and conditions apply to every offer made by the entrepreneur and to every agreement that has been established 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 before the contract is concluded, it will be indicated how the general conditions can be viewed by the entrepreneur and that they will be sent free of charge, as soons as possible, at the request of the consumer.
- By way of derogation from the previous paragraph; If the contract is concluded electronically the text of these general terms and conditions can be made available electronically to the consumer in such a way the consumers can easily store it on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be observed electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general terms and conditions the consumer may always invoke the applicable provision that most favorable.
ARTICLE 4 - THE OFFER
- If an offer has a limited term of validity or involves certain conditions, this be explicitly stated in the offer.
- The offer will include a complete and accurate description of the offered products and / or services. The description will be sufficiently detailed to allow the consumer to appraise the offer adequately. Any pictures used by the entrepreneur will give a true reflection of the offered products and / or services. Manifest errors or mistakes in the offer will not be binding the entrepreneur.
- The website will contain information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- The price including taxes;
- Delivery costs, if any;
- The manner in which the agreement will be formed and the transactions necessary for that purpose;
- Whether or not the right of withdrawal applies;
- The methods of payment, delivery of performance of the agreement;
- The term for acceptance of the offer or the term within which the price will be honoured.
ARTICLE 5 - THE AGREEMENT
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
- Upon the consumer’s electronic acceptance of the offer, the entrepreneur will promptly issue an electronic order confirmation to confirm the receipt of acceptance of the offer. As long as the receipt of the acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
- The entrepreneur will take appropriate technical and organisational measures to secure the electronic transmission of data and will ensure a secure web environment. The entrepreneur will take appropriate security measures for electronic payment by the consumer.
- Within the scope of the law, the entrepreneur may verify the consumer’s ability to fulfil his payment obligations, as well as all the facts and factors that are relevant to entering into the distance contract in a responsible manner. If those inquiries give the entrepreneur good grounds not to enter into the contract, it is entitled to refuse an order or enquiry, providing the reasons for its denial, or make special requirements.
- The entrepreneur will send the following information, in writing or in such a way the consumer can store the information on a durable medium in an accessible manner, at the latest when the product or service is delivered to the consumer:
a. the visiting address of the business location of the entrepreneur where the consumer can go with its complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and service after purchase;
d. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the agreement when the agreement has a duration of more than one year or when the agreement is indefinite.
- In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
- With regard to products and or services purchased from the E-shop, the consumer has the right to cancel the purchase without giving any reason within 14 days of delivery of the product in question, i.e. the cooling-off period.
- The cooling-off period referred to in paragraph 1 starts the day after the consumer has received the product or the product has been received in the name of the consumer.
ARTICLE 7 - OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD
- During the cooling-off period, the consumer will treat the product and its packaging with appropriate care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product.
- The consumer is only liable for depreciation resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
ARTICLE 8 - COSTS IN CASE OF WITHDRAWAL
- The consumer must inform the entrepreneur if he wishes to invoke his right of withdrawal. The consumer can easily do this by logging into his account on the website of Athleteshop: Accountpage. Using the Athleteshop account the consumer can find an overview of all his orders. At the bottom of the webpage the consumer can easily indicate which products he wants to return with the help of the retour application.
- The consumer shall return the product as soon as possible and without undue delay, but at least within 14 days from the day following the notification referred to in paragraph 1. The consumer has complied with the return period if he returns the product before the period of 14 days has expired.
- The consumer shall return the product with all delivered accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported the fact that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
ARTICLE 9 - OBLIGATIONS OF THE ENTREPRENEUR IN THE CASE OF WITHDRAWALS
- If the consumer has exercised his right of withdrawal, the entrepreneur will refund the amount paid by the consumer, including the delivery costs - except for the additional costs incurred if the consumer has chosen a different type of delivery than the standard cheapest delivery offered by the entrepreneur - without undue delay and no later than 14 days after the day on which the entrepreneur was informed about the decision of the consumer to invoke the right of withdrawal.
- The entrepreneur uses the same payment method the consumer has used for reimbursement, unless the consumer has explicitly indicated that he wishes to receive the reimbursement in another way; in no case will the consumer bears costs as a result of such a refund.
- The entrepreneur reserves the right to withhold a refund until the products have been received or until the consumer has submitted proof that the products have been returned, whichever comes first.
ARTICLE 10 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
- The entrepreneur may exclude the following products and services from the right of withdrawal, if the entrepreneur has clearly stated this in the offer, or at least in time for concluding the contract.
- The right to withdrawal does not apply to the following kind of contracts:
- Contracts for the supply of products that are made according to the consumer’s specifications or products which are clearly personalised;
- Contracts for the supply of products which are liable to deteriorate or expire rapidly;
- Contracts for the supply of sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
- Contracts for the supply of products which are, after delivery, according to their nature, inseparably mixed with other items;
- Contracts for the supply of sealed audio or video recordings or sealed computer software whose seal has been broken after delivery;
- Contracts for the supply of newspapers or magazines with the exception of subscription contracts for the supply of such publications.
ARTICLE 11 - THE PRICE
- The prices of the products and / or services provided shall not be raised during the validity period stated in the offer, except for price changes 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 after concluding the contract are permitted only if the entrepreneur has stipulated it and:
a. They are the result of statutory regulations or stipulations; or
b. 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 will include VAT.
ARTICLE 12 - CONFORMITY AND GUARANTEE
- The entrepreneur guarantees that the products and / or services comply with the contract, with the specifications stated 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. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer shall not affect the legal 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 contract.
ARTICLE 13 - DELIVERY AND EXECUTION
The entrepreneur shall exercise the best possible care when receiving and executing product orders, and when assessing requests for the provision of services.
- The place of delivery is the address given by the consumer to the entrepreneur.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the entrepreneur will ship, or have a third party ship, orders that have been accepted by order of receipt as quickly as possible but at least within 30 days, unless a longer delivery period has been agreed.
- If delivery cannot be made within the average term or can be filled only partially, the consumer will be informed accordingly as quickly as possible, but at least within 30 days after ordering. In these events, the consumer is entitled to terminate the contract at no costs and with the right to possible compensation. The entrepreneur will not be liable for any loss whatsoever due to a quoted delivery time being exceeded.
- In the event of dissolution in accordance with the preceding paragraph, the entrepreneur shall refund the payment made by the consumer as soon as possible but at least within 30 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur shall endeavor to make an effort to offer an equivalent replacement product. At the latest at the time of delivery, it shall be stated in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal cannot be excluded with replacement products. The costs of any return shipment are to be borne by the entrepreneur.
- Unless explicitly agreed otherwise, the risk of damage and / or loss of products shall remain with the entrepreneur until the moment of delivery to the consumer or to a pre-designated representative which is made known to the entrepreneur.
ARTICLE 14 - DURATION TRANSACTIONS: DURATION, TERMINATION AND RENEWAL
- The consumer may at all times terminate the contract concluded for an indefinite period with due observance of the agreed cancellation arrangements with a notice period of no more than a month.
- The consumer may terminate the contract concluded for a definite period by the end of the fixed due, with due observance of the agreed cancellation arrangements with a notice period of no more than a month.
- The consumer may terminate the contract referred to in the previous paragraphs:
- At any time and the consumer may not be limited to termination at a specific time or in a given period;
- At least in the same period as notice as they were entered into by him;
- With the same notice period as the entrepreneur has stipulated for himself.
- A contract concluded for a definite period and whom extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
- Notwithstanding the previous paragraph, a contract concluded for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a definite period of a maximum of three months, if the consumer can terminate this extended contract by the end of the extension with a one month’s notice maximum.
- A contract that has been concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- Contracts concluded for a definite period which extends to the regular delivery of daily and weekly newspapers and magazines (trial or introductory subscription) are not tacitly renewed. These contracts shall end automatically after the trial or introductory period.
- If a contract has a duration of more than a year, the consumer may terminate the contract with a notice of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.
ARTICLE 15 - PAYMENT
- The available payment methods depend on the country from which the order is placed. The available payment methods are displayed in the E-shop.
- Unless otherwise agreed in the contract or additional conditions, the amounts to be paid by the consumer are to be settled within 14 days after the commencement of the cooling-off period or, in the absence of a cooling-off period within 14 days after the conclusion of the contract. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
- 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.
- The consumer will pay all reasonable judicial and extrajudicial expenses of any nature whatsoever, including collection costs, that the entrepreneur will incur due to the consumer’s failure to fulfil his (payment) obligations.
- In the event of late of non payment, the entrepreneur will be authorized to terminate the agreement with immediate effect or suspend (further) delivery until the consumer has fulfilled his payment obligations in full, including payment of the costs referred to in article 15.5.
ARTICLE 16 - COMPLAINTS PROCEDURE
- The entrepreneur has a sufficiently notified complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur shall be replied within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed reply.
- The consumer must give the entrepreneur at last 4 weeks to resolve the complaint in mutual consultation. If the complaint cannot be solved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
ARTICLE - 17 DISPUTES
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these Terms and Conditions apply.
- Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements with regard to products and services to be delivered or delivered by this entrepreneur, subject to the provisions below, can be submitted by both the consumer and the entrepreneur to the customer. Online Disputes Resolution is the evaluating body, see link below: (https://ec.europa.eu/consumers/odr/main/?event=main.home.show)
ARTICLE - 18 PRIVACY
For the proper functioning of our website and our services it is necessary to collect and store (temporarily) personal data of our visitors and customer. Athleteshop attaches great importance to the protection of your personal data. Athleteshop will only process personal data in accordance with the General Data Protection Regulation (GDPR) and other legislation. Athleteshop will only collect and process personal data if there is a legal base for the processing. Personal data will be stored and secured in an appropriate and organizational manner. Personal data will be treated confidentially and will only be processed for the purpose for which they were collected.
The transfer of personal data to third parties
Athleteshop does not share personal data with third parties, unless this is necessary for our services, ensues from a statutory obligation or the customer expressly and freely grants permission.
a. Necessary for our services
Athleteshop shares personal data with third parties if it is necessary for the execution of the Purchase Agreement between Athleteshop and the customer. For example, Athleteshop will pass on personal data to carriers so they can deliver the purchased products to the customer. In such cases, Athleteshop only use trustworthy parties to process personal data on behalf of Athleteshop. Athleteshop takes care of the security and confidentiality of the personal data and shall conclude a Data Processing Agreement with these parties. In this way the privacy of personal data is guaranteed.
b. Legal duty or court order
Athleteshop may be obliged to share personal data with third parties if there is a legal base or a court ruling, for example during the investigation of criminal offenses.
c. Authorization of the customer
In certain cases Athleteshop requests permission from the customer before the personal data will be passed on to third parties.
CATEGORIES PERSONAL DATA
Personal data are all data that can provide information about an identifiable person. Personal data provide information that directly leads to someone or with which this person can be traced. Examples of personal data are name, home address, telephone number and e-mail address. Athleteshop processes the following categories of personal data:
a. Account details:This is the data that is required to create an account with which you can log in to the website of Athleteshop;
b. Device data:These are data such as IP address, device identifier, screen resolutions, type and version of the browser and the operating system;
c. Payment details: Account number and / or credit card number;
d. Contact form: Through the website of Athleteshop a visitor or customer can ask a question or make a comment. In that case, contact details are requested and processed such as name and e-mail address. With the help of this information, the Customer Service department of Athleteshop can contact the visitor or customer about the complaint or comment;
e. Contact details: With this information, such as name, telephone number and e-mail address, Athleteshop can contact the customer;
f. Usage data: These are data about the use of the website of Athleteshop. For example data about the web pages that are visited, which products are viewed and which articles are read;
g. Date of birth: The user can provide his date of birth. If the date of birth is known to Athleteshop, it is possible to receive a gift card during the birthday;
i. Newsletter: Through the website, a customer can sign up for the newsletter to be informed about campaigns, surveys and other sports-related topics. When you sign up for the newsletter, name and e-mail address are processed by Athleteshop;
j. Social media data: Athleteshop owns / manages various social media accounts, including Facebook, Instagram and Twitter. Everyone can post 'likes', reactions and comments to messages at these social media pages. Athleteshop processes general information such as the number of reactions or 'likes' to a message to analyze the reach of the message and to improve the offer;
h. Legal parental consent: The GDPR requires permission from parents or legal representatives when Athleteshop process personal data of minor children (younger than 16 years old).
The General Data Protection Regulation provides the customer the following rights:
a. Right to access and rectify personal data;
b. Right to be forgotten;
c. Right to object to the processing of personal data (or to a part thereof) by Athleteshop or by one of its processors;
d. Right to data portability (transferability of data);
f. Right to lodge a complaint with the supervisory authority.
ARTICLE 19 - ADDITIONAL OR VARYING PROVISIONS
Additional provisions and/or deviations form these General Terms and Conditions may not be to detriment of the consumer 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.