General terms Triathlongear24
Table of contents:
Article 1 - Definitions
Article 2 – Identity of the enterprise
Article 3 – Scope
Article 4 – The offer
Article 5 - The agreement
Article 6 – Right of revocation
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of revocation by the consumer and the cost thereof
Article 9 – Obligations of the enterprise upon revocation
Article 10 – Exclusion right of revocation
Article 11 - The price
Article 12 – Compliance with agreement and additional warranty
Article 13 – Delivery and implementation
Article 14 – Extended transactions: duration, notice, and extension
Article 15 – Payment
Article 16 – Complaints mechanism
Article 17 – Disputes
Article 18 - Additional or deviating provisions
Article 19 – Additional conditions property, business orders, and purchase agreements not concluded at a distance
Article 1 - Definitions
In these conditions is intended by:
Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in the context of a distance agreement and these matters, digital content and/or services are delivered by the enterprise or by a third party on grounds of an arrangement between that third party and the enterprise;
Reflection period: the term within which the consumer can exercise his right of revocation;
Consumer: the natural person not acting for purposes related to his commercial, artisanal, or professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuous performance agreement: an agreement stipulating the regular delivery of matters, services and/or digital content during a specific period;
Durable information carrier: any tool – also including e-mail – that allows the consumer or enterprise to save information addressed to him personally in a manner that makes possible future consultation or use during a period that is aligned with the purpose the information is intended for, and which allows the unaltered reproduction of the information saved;
Right of revocation: the option of the consumer to renounce the distance agreement within the reflection period;
Enterprise: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance;
Distance agreement: an agreement concluded between the enterprise and the consumer in the context of an organised system for the sale of products, digital content and/or services at a distance, whereby until and including conclusion of the agreement use is made as well or exclusively of one or several technical means of communication at a distance;
Model form for revocation: the European model form for revocation attached in Appendix I of these conditions; Appendix I does not have to be provided if the consumer does not have the right of revocation with respect to his order;
Technical means of communication at a distance: a tool that can be used to conclude an agreement without consumer and enterprise needing to simultaneously convene in the same space.
Article 2 – Identity of the enterprise
Sanden Sports Superstores B.V.
Acting under the name/names: - | Triathlon24.nl | Triathlon24.be | Triathlongear24.com
Place of establishment: Brabanstraat 16 - 5408 PS Volkel – the Netherlands
Phone number: +31 (0) 413 256800
Chamber of Commerce number: 17184701
VAT number: NL815290676B01
Article 3 – Scope
1. The present terms and conditions apply to any offer of the enterprise and to any agreement concluded between enterprise and consumer at a distance.
2. Before the distance agreement is concluded, the text of the terms and conditions is provided to the consumer. If this is not reasonably possible, the enterprise will indicate before the distance agreement is concluded in what manner the terms and conditions can be perused at the enterprise and that these will be forwarded free of charges as soon as possible upon request of the consumer.
3. If the distance agreement is concluded electronically, in derogation to the previous section and prior to conclusion of the distance agreement, the text of these terms and conditions can be provided to the consumer through electronic channels, in such a manner that these can be saved on a durable information carrier in a simple way. If this is not reasonably possible, before the distance agreement is concluded it will be indicated where the terms and conditions can be consulted through electronic means and that upon request of the consumer they will be forwarded through electronic channels or in a different manner free of charges.
4. In the event that besides the present terms and conditions specific product or service conditions apply as well, the second and third section apply correspondingly and in case of conflicting conditions the consumer can always appeal to the applicable condition that is most favourable to him.
Article 4 – The offer
1. If an offer has a limited term of validity or is made under conditions, this is expressly stated in the offer.
2. The offer contains a complete and precise description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the proper assessment of the offer by the consumer. If the enterprise makes use of images, these are a faithful rendition of the products, services and/or digital content offered. Apparent mistakes or apparent errors in the offer do not bind the enterprise.
3. Every offer contains such information that it is clear to the consumer what the rights and obligations involved in acceptance of the offer are.
Article 5 - The agreement
1. The agreement is adopted, subject to what is established in section 4, at the moment of acceptance by the consumer of the offer and of compliance with the conditions thereby established.
2. If the consumer has accepted the offer through electronic channels, the enterprise confirms without delay through electronic channels the receipt of the acceptance of the offer. For as long as the receipt of this acceptance has not been confirmed by the enterprise, the consumer can rescind the agreement.
3. If the agreement is adopted electronically, the enterprise takes appropriate technical and organisational measures to secure the electronic transfer of data and will procure a safe web environment. If the consumer can pay electronically, the enterprise will observe appropriate safety measures for this purpose.
4. The enterprise can seek information – within legal boundaries – as to the ability of the consumer to fulfil his payment obligations, as well as with respect to all such facts and factors that are relevant for the responsible entry into the distance agreement. If the enterprise has legitimate grounds based on such investigation not to enter into the agreement, it has the right to reject an order or application, specifying reasons, or to subject implementation to specific conditions.
5. The enterprise will forward, at the latest upon delivery of the product, service, or digital content the following information to the consumer, in writing or in such a manner that it can be saved by the consumer on a durable information carrier in an accessible way:
6. the physical address of the place of establishment of the enterprise that the consumer can refer to with complaints;
7. the conditions under and the manner in which the consumer can exercise the right of revocation, or a clear specification of the right of revocation being excluded; a. information regarding warranties and service after purchase;
8. the price, including all taxes, of the product, service, or digital content; to the extent applicable, the delivery costs; and the manner of payment, delivery, or implementation of the distance agreement;
9. the requirements for cancellation of the agreement if the agreement has a duration exceeding one year or is for an indefinite time; a. if the consumer has the right of revocation, the model form for revocation.
10. In case of an extended transaction, the provision in the previous section only applies to the first delivery.
Article 6 – Right of revocation
In case of products:
1. The consumer can rescind an agreement regarding the purchase of a product during a reflection period of 60 days without stating reasons. The enterprise may ask the consumer for the reasons for revocation, but cannot oblige the latter to state his reason(s).
2. The reflection period referred to in section 1 becomes effective on the day after the consumer, or a third party designated by the consumer in advance that is not the transporter, has received the product, or:
a. if the consumer has ordered multiple products on a single order: the day on which the consumer, or a third party designated by him, has received the last product. Provided he has informed the consumer clearly concerning prior to the ordering process, the enterprise may reject an order of multiple products with varying delivery times.
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the final shipment or final part;
c. in case of agreements for the regular delivery of products during a specific period: the day on which the consumer, or a third party designated by him, has received the first product.
In case of services and digital content not delivered on a physical carrier:
1. The consumer can rescind a service agreement and an agreement for the delivery of digital content not delivered on a physical carrier during 60 days without stating reasons. The enterprise may ask the consumer for the reason for revocation, but cannot oblige the latter to state his reason(s).
2. The reflection period referred to in section 3 enters into effect on the day following conclusion of the agreement.
Extended reflection period for products, services, and digital content not delivered on a physical carrier in case of failure to inform regarding the right of revocation:
1. If the enterprise has failed to provide the consumer with the legally mandatory information regarding the right of revocation or has not provided the model form for revocation, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous sections of this article.
2. If the enterprise has provided the information referred to in the previous section to the consumer within twelve months after the effective date of the original reflection period, the reflection period expires 30 days after the day on which the consumer has received that information.
Model form for revocation
(only fill out and send back this form in case you wish to revoke the agreement) - To: Sanden sports superstores BV Brabantstraat 16, 5408PS Volkel [email protected]
- I/We* hereby inform you that I/we* revoke our agreement regarding the sale of the following products: [indication product]
* ………………………………………………………………………………………………………..
the delivery of the following digital content: [indication digital content]
*………………………………………………………………………………………………………..
the performance of the following service: [indication service]*,
………………………………………………………………………………………………………..
Ordered on*/received on* [date of order in case of services or of receipt for products]
………………………………………………………………………………………………………..
Name consumer(s)
………………………………………………………………………………………………………..
Address consumer(s)
………………………………………………………………………………………………………..
- [Signature consumer(s)] (only in case this form is submitted in paper form)
………………………………………………………………………………………………………..
- [Date]
* Cross or fill out where and as applicable.
………………………………………………………………………………………………………..
Article 7 – Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and the packaging with care. He will only unwrap or use the product to the extent required to determine the nature, the characteristics, and the functioning of the product. The principle thereby is that the consumer may only handle and inspect the product as he would be allowed to do at a store.
2. The consumer is only liable for the reduction of value of the product that is the consequence of a manner of handling the product going beyond what is permitted in section 1.
3. The consumer is not liable for the reduction of value of the product if the enterprise has not provided him with all legally mandatory information regarding the right of revocation prior to or upon conclusion of the agreement.
Article 8 – Exercise of the right of revocation by the consumer and the cost thereof
1. If the consumer exercises his right of revocation, he communicates this within the reflection period by way of the model form for revocation or in a different unambiguous manner to the enterprise.
2. As soon as possible, though within 60 days after the day following the report referred to in section 1, the consumer sends back the product, or hands it over to (an authorized representative of) the enterprise. This is not required if the enterprise has offered to pick up the product themselves. The consumer has observed the return term in any event if he sends back the product before the reflection period has expired.
3. The consumer returns the product with all enclosed accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the enterprise.
4. The risk and the burden of proof for the correct and timely exercise of the right of revocation lies with the consumer.
5. The consumer bears the direct costs of the returning of the product. If the enterprise has not stated that the consumer must bear these costs or if the enterprise indicates it will bear the costs itself, the consumer does not have to bear the costs for returning it.
6. If the consumer revokes after having expressly requested that the performance of the service or the delivery of gas, water or electricity not prepared for sale in a limited volume or specific quantity commences during the reflection period, the consumer owes the enterprise an amount that is proportional to the part of the undertaking that was fulfilled by the enterprise at the moment of revocation, as compared to the complete fulfilment of the undertaking.
7. The consumer does not bear any costs for the execution of services or the delivery of water, gas or electricity not prepared for sale in a limited volume or quantity, or for the delivery of district heating, if:
a. the enterprise has not provided the consumer with the legally mandatory information regarding the right of revocation, the compensation of costs in case of revocation, or the model form for revocation, or;\
b. the consumer has not expressly requested the start of the implementation of the service or the delivery of gas, water, electricity or district heating during the reflection period.
8. The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a physical carrier, if:
a. he has not expressly agreed, prior to the delivery thereof, to the starting of the fulfilment of the agreement before the end of the reflection period;
b. he has not acknowledged to forfeit his right of revocation upon granting his permission, or;
c. the enterprise has failed to confirm this statement of the consumer.
9. If the consumer exercises his right of revocation, all additional agreements are legally rescinded.
Article 9 – Obligations of the enterprise upon revocation
1. If the enterprise allows for the notification of revocation by the consumer through electronic channels, it sends a confirmation of receipt without delay after receiving this notification.
2. The enterprise refunds all payments of the consumer, including any possible delivery costs billed by the enterprise for the returned product, without delay though within 14 days following the day on which the consumer communicates the revocation to them. Unless the enterprise offers to pick up the product themselves, they may wait with the refund until they have received the product or the consumer proves that he has sent the product back, depending on which moment occurs sooner.
3. For the refund, the enterprise uses the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charges for the consumer.
4. If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the enterprise does not have to refund the additional costs for the pricier method.
Article 10 – Exclusion right of revocation
The enterprise can exclude the following products and services from the right of revocation, but only if the enterprise has clearly stated this in the offer, or at least timely before conclusion of the agreement:
1. Products or services the price of which is tied to fluctuations on the financial markets that the enterprise does not exert any influence on and which may occur within the revocation term;
2. Agreements concluded during a public auction. By a public auction is intended a sales method whereby products, digital content and/or services are offered by the enterprise to the consumer who is personally attending or is given the option to personally attend the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after complete execution of the service, but only if:
a. execution has started with the express prior consent of the consumer; and
b. the consumer has declared that he forfeits his right of revocation as soon as the enterprise has fully implemented the agreement;
4. Service agreements for the provision of accommodation, if a specific date or implementation period is stipulated in the agreement and otherwise than for habitation purposes, freight transport, car rental services, and catering;
5. Agreements regarding leisure activities, if a specific date or implementation period is stipulated for this in the agreement;
6. Products manufactured in accordance with the specifications of the consumer which were not prefabricated and which are produced on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7. Products which spoil quickly or which have a limited shelf-life; sealed products which for reasons of health protection or hygiene are not suitable to be sent back and the seal of which was broken after delivery;
8. Products which by their nature were irretrievably mixed with other products after delivery;
9. Alcoholic beverages the price of which was set upon conclusion of the agreement but the delivery of which can only occur after 30 days and the effective value of which depends on fluctuations on the market that the enterprise does not exert any influence on;
10. Sealed audio and video recordings and computer software the seal of which was broken after delivery;
11. Newspapers, journals, or magazines, with the exception of subscriptions thereon;
12. The delivery of digital content otherwise than on a physical carrier, but only if: the implementation has started with the express prior consent of the consumer; and the consumer has declared that he thereby forfeits his right of revocation.
Article 11 - The price
1. During the validity term indicated in the offer, the prices of the products and/or services offered are not increased, barring price changes as a result of changes to VAT rates.
2. In derogation to the previous section, the enterprise may offer products or services the prices of which are tied to fluctuations on the financial markets and that the enterprise does not exert any influence on at variable prices. Their being subject to fluctuations and the fact that such prices as may be listed are target prices is stated in the offer.
3. Price increases within 3 months after adoption of the agreement are only permitted if they are the result of legal arrangements or provisions.
4. Price increases as from 3 months after adoption of the agreement are only permitted if the enterprise has stipulated this, and:
5. these are the consequence of legal arrangements or provisions; or
6. the consumer has the authority to cancel the agreement with effect as from the day on which the price increase becomes effective.
7. The prices listed in the offer of products or services are inclusive of VAT.
Article 12 – Compliance with agreement and additional warranty
1. The enterprise guarantees that the products and/or services are compliant with the agreement, with the specifications listed in the offer, with reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of adoption of the agreement. If so established, the enterprise also guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by the enterprise, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can bring to bear vis-a-vis the enterprise on grounds of the agreement if the enterprise has fallen short in complying with their part of the agreement.
3. By additional warranty is intended any undertaking of the enterprise, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims which go beyond what they are legally obliged to offer in case they have fallen short in complying with their part of the agreement.
Article 13 – Delivery and implementation
1. The enterprise will observe the greatest possible diligence upon receiving and implementing orders of products and upon assessing applications for the provision of services.
2. The address communicated by the consumer to the enterprise counts as the place of delivery.
3. With due observance of what is stated concerning in article 4 of these terms and conditions, the enterprise will carry out accepted orders with due speed though no later than within 50 days, unless a different delivery term was agreed. If delivery encounters delays, or if an order cannot or can only partially be carried out, the purchaser is notified concerning no later than within 30 days after he has placed the order. The purchaser has the right in such case to rescind the agreement without charges and is possibly entitled to compensation of damages.
4. After rescission in accordance with the previous section, the enterprise will refund the sum paid by the purchaser without delay.
5. The risk of the damaging and/or the going lost of products lies with the enterprise until the moment of delivery to the purchaser or a representative designated and indicated to the enterprise beforehand, unless it was expressly agreed otherwise.
Article 14 – Extended transactions: duration, notice, and extension
Notice:
1. The consumer can cancel an agreement concluded for an indefinite time and which stipulates the regular delivery of products (including electricity) or services at all times, with due regard for the notice rules established for the purpose and a notice period of no more than one month.
2. The consumer can cancel an agreement concluded for a fixed term and which stipulates the regular delivery of products (including electricity) or services at all times against the end of the established duration, with due regard for the notice rules established for the purpose and a notice period of no more than one month.
3. The consumer can cancel the agreements referred to in the previous sections:
a. at all times, without being bound to give notice at a certain time or in a specific period;
b. at least in the same manner as he entered into such;
c. always under the same notice period that the enterprise stipulated for itself.
Extension:
1. An agreement entered into for a fixed term and which stipulates the regular delivery of products (including electricity) or services may not be tacitly extended or renewed by a fixed term.
2. In derogation to the previous section, an agreement adopted for a fixed term and which stipulates the regular delivery of daily and weekly newspapers and magazines may be tacitly extended by a fixed term of no more than three months, if the consumer can cancel this extended agreement against the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a fixed term and which stipulates the regular delivery of products or services may only be tacitly extended by an indefinite time if the consumer may cancel at all times with a notice period of no more than one month. The notice period is no more than three months in case the agreement stipulates the regular delivery, though less frequently than once a month, of daily and weekly newspapers and magazines.
4. An agreement for a fixed term for the regular introductory delivery of daily and weekly newspapers and magazines (trial or introductory subscription) is not continued tacitly and ends automatically after the end of the trial or introductory period. Duration: 1. If an agreement has a duration of more than one year, the consumer may cancel the agreement after one year at all times with a notice period of no more than one month, unless reason and fairness oppose cancellation before the end of the agreed duration.
Duration:
1. If an agreement has a duration of more than one year, the consumer may cancel the agreement after one year at all times with a notice period of no more than one month, unless reason and fairness oppose cancellation before the end of the agreed duration.
Article 15 – Payment
1. To the extent not established otherwise in the agreement or additional conditions, the sums owed by the consumer must be settled within 14 days after the reflection period becomes effective, or in the absence of a reflection period within 14 days after conclusion of the agreement. In case of an agreement for the provision of a service, this term commences on the day after the consumer has received the confirmation of the agreement.
2. In case of the sale of products to consumers, the consumer may never be obliged in terms and conditions to pay in advance more than 50%. In case payment in advance was stipulated, the consumer cannot exercise any rights regarding the execution of the relevant order or service(s) before the payment in advance stipulated has occurred.
3. The consumer is under the obligation to report inaccuracies in payment information provided or stated without delay to the enterprise.
4. If the consumer does not timely fulfil his payment obligation(s), he owes, after having been made aware of the late payment by the enterprise and the enterprise has granted the consumer a 14-day term to still fulfil his payment obligations and payment has failed to occur within this 14-day term, interest at the statutory rate on the amount still owed and the enterprise has the right to bill the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding sums up to € 2,500; 10% on the successive € 2,500, and 5% on the successive € 5,000, with a minimum of € 40. The enterprise can deviate from the sums and percentages listed to the advantage of the consumer.
Article 16 – Complaints mechanism
1. The enterprise has a sufficiently publicised complaints mechanism and handles a complaint in accordance with this complaints mechanism.
2. Complaints regarding the implementation of the agreement must be submitted to the enterprise completely and clearly described, within a reasonable term after the consumer has identified the defects.
3. Complaints submitted to the enterprise are answered within a 14-day term counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the enterprise answers within the 14-day term with a notice of receipt and an indication of when the consumer can expect a more elaborate answer.
4. The consumer must grant the enterprise in any case 4 weeks’ time to resolve the complaint in mutual consultation. After this term, a dispute arises that is eligible for the complaints mechanism.
Article 17 – Disputes
1. Agreements between the enterprise and the consumer that these terms and conditions apply to are exclusively subject to Netherlands Law.
Article 18 – Additional or deviating provisions
Additional provisions or provisions deviating from these terms and conditions may not be to the disadvantage of the consumer and must be established in writing or in such a manner that they can be saved by the consumer in an accessible manner on a durable information carrier.
Article 19 – Additional conditions property, business orders, and purchase agreements not concluded at a distance
1. The seller reserves himself the property of the goods until full payment of the purchase price. The risks of damaging or disappearance are borne by the buyer.
2. It is not permitted to the buyer to dispose of the products subject to the retention of property of the enterprise, nor to establish a limited right thereon. If third parties establish rights on products subject to the retention of property, the buyer will accordingly inform the enterprise without delay.
3. If the buyer does not fulfil his payment obligations or if there is a legitimate fear he will not do so, the enterprise has the right to (let) recover delivered products that are subject to the retention of property from the buyer or from a third party holding the products for the buyer. The buyer is obliged to render full assistance to such effect on pain of a fine of 10% per day on the amount owed by him.
4. For commercial sales, that is, purchases made by a buyer acting in the context of the exercise of a profession or business, no right of revocation or legal reflection period applies. The enterprise retains the right in case of the cancellation of orders to bill 15% of the order value for losses incurred or for profit lost.
5. In derogation to article 6 of these terms and conditions, a consumer who concludes a purchase agreement at a physical store or an organised event of the enterprise is not entitled to a reflection period of 60 days within which the consumer can exercise the right of revocation.
6. The buyer is not entitled to return or exchange products purchased at the physical store. In case of a shortcoming or defect, the enterprise will do its best to restore or replace the products within a reasonable term and in accordance with the effective warranty provisions, or to refund a part of the purchase price to the buyer.