General terms and conditions

General Terms and Conditions of Natusport

Table of contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and performance

Article 12 – Continuing transactions: duration, cancellation and renewal

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance agreement with the entrepreneur;
3. Day: calendar day;
4. Continuing transaction: a distance agreement relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
7. Model form: the model withdrawal form provided by the entrepreneur that a consumer can complete when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the agreement;
10. Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being present in the same room at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Natusport BV

Dorpsstraat 169, 6871AJ Renkum

Telephone 0615 200 668, available every working day from 09:00 to 17:00

Email address: info@natusport.nl

Chamber of Commerce number: 76853047

VAT identification number: NL860809602B01

If the entrepreneur’s activity is subject to a relevant licensing system: the

details of the supervisory authority:

If the entrepreneur practices a regulated profession:

• the professional association or organization of which they are a member;
• the professional title, the place in the EU or the European Economic Area where it was granted;
• a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
2. Before the distance agreement 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 distance agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
4. If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the rest, and the relevant provision shall be replaced without delay by mutual agreement with a provision that approximates the purpose of the original as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:

• the price including taxes;
• any shipping costs;
• the way in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the agreement;

· the period for accepting the offer, or the period during which the entrepreneur guarantees the price;

· the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication method used;

· whether the agreement will be archived after conclusion, and if so, how it can be consulted by the consumer;

· the way in which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and correct it if desired;

· any other languages in which, in addition to Dutch, the agreement can be concluded;

· the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

· the minimum duration of the distance agreement in case of a continuing transaction.

· Optional: available sizes, colors, type of materials.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal limits, obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to the performance.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;

b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about warranties and existing after-sales service;

d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

• In case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
• Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the entrepreneur within 14 days after receiving the product. The consumer must do this by means of the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.

4. If the customer has not indicated after the expiry of the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is final.

Upon delivery of services:

5. When services are delivered, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.

6. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, at most the costs of returning the goods will be borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return shipment can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
4. The consumer cannot be held liable for reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before concluding the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the agreement is concluded.
2. Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the entrepreneur in accordance with the consumer’s specifications;

b. that are clearly personal in nature;

c. that cannot be returned due to their nature;

d. that can spoil or age quickly;

e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygienic products of which the consumer has broken the seal.

• Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;

b. whose delivery has started with the consumer’s express consent before the cooling-off period has expired;

c. concerning betting and lotteries.

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 resulting from changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. they result from statutory regulations or provisions; or

b. the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.

• The prices stated in the offer of products or services include VAT.
• All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.

4. The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

5. The warranty does not apply if:

· The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

· The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;

· The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

1. The entrepreneur will exercise the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. It will be clearly and understandably stated no later than upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing transactions: duration, cancellation and renewal

Cancellation

1. The consumer may at any time cancel an agreement entered into for an indefinite period and which extends to the regular delivery of products, including electricity, or services, subject to the agreed cancellation rules and a notice period of no more than one month.
2. The consumer may at any time cancel an agreement entered into for a fixed period and which extends to the regular delivery of products, including electricity, or services, at the end of the fixed period, subject to the agreed cancellation rules and a notice period of no more than one month.
3. The consumer may cancel the agreements mentioned in the previous paragraphs:

· at any time and not be limited to cancellation at a specific time or during a specific period;

· at least in the same way as they were entered into by the consumer;

· always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

• An agreement entered into for a fixed period and which extends to the regular delivery of products, including electricity, or services may not be tacitly renewed or extended for a fixed period.
• In deviation from the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can cancel this renewed agreement at the end of the renewal with a notice period of no more than one month.
• An agreement entered into for a fixed 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 cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
• An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes, such as a trial or introductory subscription, will not be tacitly continued and ends automatically after the trial or introductory period.

Duration

• If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.
6. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.