Terms of service

Article 1: Definitions

In these terms and conditions, the following definitions apply:

  1. Entrepreneur: the legal entity that offers products and/or services to consumers at a distance
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur
  3. Distance contract: a contract whereby, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication
  4. Technique for distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur having come together simultaneously in the same space
  5. Cooling-off period: the period within which the consumer can exercise their right of withdrawal
  6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period
  7. Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time
  8. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information

Article 2: Identity

Sportconic B.V.
Pascalstraat 8
7903BJ Hoogeveen
E-mail: service [@] sportconic.com
Chamber of Commerce number: 95545654
VAT identification number: NL867455068B01

Article 3: Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's 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 the consumer may always invoke the applicable provision that is most favourable to them.

Article 4: The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this is explicitly 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • any delivery costs;
    • the manner in which the contract will be concluded and which actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery or performance of the contract;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
    • if the contract is archived after it is concluded, how the consumer can consult it;
    • the manner in which the consumer can, before concluding the contract, become aware of actions they did not intend, as well as the manner in which they can rectify these before the contract is concluded;
    • the languages in which, in addition to Dutch, the contract can be concluded;
    • the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of a contract for the continuous or periodic delivery of products or services.

Article 5: The contract

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.
  3. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.
  4. The entrepreneur may, within legal frameworks, inform themselves as to whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to its performance.
  5. The entrepreneur shall 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 data carrier:
    1. the contact details of the entrepreneur where the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    2. the information about existing after-sales service and guarantees;
    3. the details included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these details to the consumer before the performance of the contract;
    4. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
  6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.

Article 6: Right of withdrawal upon delivery of products

  1. The consumer may dissolve a distance contract or an off-premises contract without giving reasons until a period of fourteen days has elapsed, after the day on which the consumer, or a third party designated by the consumer who is not the carrier, received the first item.
  2. During this period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they shall 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.

Article 7: Costs in the event of withdrawal

  1. If the consumer exercises their right of withdrawal, at most the costs of return shipping shall be borne by them.
  2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than within thirty days after the return shipment or withdrawal.

Article 8: Exclusion of the right of withdrawal

  1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. that have been created by the entrepreneur in accordance with the consumer's specifications;
    2. that are clearly personal in nature;
    3. that by their nature cannot be returned;
    4. that can spoil or age quickly;
    5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    6. the delivery of items that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

Article 9: The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence at variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are indicated in the offer.
  3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
    • they result from statutory regulations or provisions; or
    • the consumer has the authority to terminate the contract as of the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 10: Conformity and Guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the contract, 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 contract was concluded.
  2. A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer may assert against the entrepreneur under the law and/or the distance contract in respect of a failure to fulfil the entrepreneur's obligations.

Article 11: Delivery and performance

  1. The entrepreneur shall exercise the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. With due observance of what is stated in Article 4 of these general terms and conditions, the company shall perform accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be performed, or can only be performed partially, the consumer shall be notified of this no later than one month after they placed the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
  4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 30 days after dissolution.
  5. If delivery of an ordered product proves impossible, the entrepreneur shall make efforts to provide a replacement item. No later than upon delivery, it shall be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipping shall be borne by the entrepreneur.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12: Continuing performance contracts

  1. The consumer may at any time terminate a contract entered into for an indefinite period that is intended for the regular delivery of products or services, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month. Termination is not possible if there is an outstanding invoice.
  2. The consumer may at any time, as of the end of the fixed term, terminate a contract entered into for a fixed period that is intended for the regular delivery of products or services, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month. Termination is not possible if there is an outstanding invoice.

Article 13: Payment

  1. Insofar as not agreed otherwise at a later time, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of a contract for the provision of a service, within 14 days after delivery of the product.
  2. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14: Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

Article 15: Disputes

  1. Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general terms and conditions relate.

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 data carrier.