Terms and Conditions

These general terms and conditions were drawn up on October 27. 2021.

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 right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, cancellation and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these conditions the following definitions apply:

  1. Reflection period : the period within which the consumer can make use of his

right of withdrawal;

  1. Consumer : the natural person who does not act in the exercise of a profession or business and

enters into a distance contract with the entrepreneur;

  1. Day : calendar day;
  2. Duration transaction : a distance contract relating to a series of products

and/or services, the delivery and/or purchase obligation of which is spread over time;

  1. Sustainable data carrier : any means that enables the consumer or entrepreneur

store information that is addressed to him personally in a way that future

enables consultation and unaltered reproduction of the stored information.

  1. Right of withdrawal : the option for the consumer to cancel within the cooling-off period

of the distance contract;

  1. Model form : the model form for withdrawal that the entrepreneur makes available

that a consumer can complete when he wants to exercise his right of withdrawal.

  1. Entrepreneur : the natural or legal person who offers products and/or services remotely

offers to consumers;

  1. Distance agreement : an agreement whereby in the context of a

entrepreneur organized system for distance selling of products and/or services,

up to and including the conclusion of the agreement, only one or

more remote communication techniques;

  1. Remote communication technology : means that can be used for closing

of an agreement, without the consumer and entrepreneur being in the same room at the same time

have come together.

  1. General Terms and Conditions : the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

ELITE SPORTSWEAR

Steenenhoek Canal NZ 3,

4202 LS Gorinchem

Tel:

0636562602 / 0612601903: Only via WhatsApp.

E-mail address:

info@elitesportswear.nl

Chamber of Commerce number:

84112719

VAT identification number:

NL863100971B01 Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every

distance contract and orders concluded between entrepreneur and consumer.

  1. Before the distance contract is concluded, the text of these general terms and conditions will be published

values ​​made available to consumers. If this is not reasonably possible,

Before the distance contract is concluded, it is indicated that the general terms and conditions apply

values ​​can be viewed at the entrepreneur and they can be viewed as soon as possible at the request of the consumer

will be sent free of charge.

  1. If the distance contract is concluded electronically, this may deviate from the previous paragraph

and before the distance contract is concluded, the text of these general terms and conditions

be made available to the consumer electronically in such a way that

this can be easily stored by the consumer in a sustainable manner

data carrier. If this is not reasonably possible, the distance contract will be concluded

is closed, the general terms and conditions will be indicated electronically

can be taken note of and that they can be done electronically or at the request of the consumer

will otherwise be sent free of charge.

  1. Just in case, in addition to these general terms and conditions, there are also specific products or services

conditions apply, the second and third paragraphs apply mutatis mutandis

In the event of conflicting general terms and conditions, the consumer can always rely on the

applicable provision that is most favorable to him.

  1. If one or more provisions in these general terms and conditions at any time in whole or in part

are partially null and void or are annulled, then the agreement and these terms and conditions will remain valid

the remainder will remain in force and the provision in question will be replaced without delay by mutual agreement

by a provision that approximates the scope of the original as much as possible.

  1. Situations that are not regulated in these general terms and conditions must be assessed 'according to

the spirit' of these general terms and conditions.

  1. Uncertainties about the interpretation or content of one or more provisions of our

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 made subject to conditions, this will be stated

expressly stated in the offer.

  1. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
  2. The offer contains a complete and accurate description of the products offered

and/or services. The description is sufficiently detailed to allow a good assessment of it

offering by the consumer. If the entrepreneur uses images

These are a true representation of the products and/or services offered.

Obvious mistakes or errors in the offer do not bind the entrepreneur.

  1. All images, specifications and data in the offer are indicative and cannot be relied upon

lead to compensation or termination of the agreement.

  1. Images of products are a true representation of the products offered.

The entrepreneur cannot guarantee that the colors shown correspond exactly to the real ones

colors of the products.

  1. Each offer contains such information that it is clear to the consumer what the rights and benefits are

obligations associated with the acceptance of the offer. This concerns the

special:

  • the price including taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded and what actions are required

needed;

  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the agreement;
  • the period for acceptance of the offer, or the period within which the

entrepreneur guarantees the price;

  • the amount of the rate for distance communication if the costs of it

use of the technology for distance communication is calculated on a

basis other than the regular basic rate for the item used

means of communication; • whether the agreement is 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 data provided in the context of the agreement and if

desired recovery;

  • any other languages ​​in which, in addition to Dutch, the agreement can be concluded

be closed;

  • the codes of conduct to which the entrepreneur has submitted and the manner in which this is done

on which the consumer can consult these codes of conduct electronically;

and

  • the minimum duration of the distance contract in the case of a long-term transaction.
  • The sizes in which the product is available, the colors in which the product

available and what type of material the product is made of.

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of

acceptance by the consumer of the offer and compliance with the associated requirements

values.

  1. If the consumer has accepted the offer electronically, the company confirms

immediately upon receipt of acceptance of the offer electronically. So long

receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can

terminate the agreement.

  1. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and

organizational measures to secure the electronic transfer of data and ensures

for a safe web environment. If the consumer can pay electronically, the entrepreneur will

to observe appropriate safety measures.

  1. The entrepreneur can - within legal frameworks - inform himself or inform the consumer

can meet its payment obligations, as well as all those facts and factors that are important

for a responsible conclusion of the distance contract. If the entrepreneur is based on:

of this investigation has good reasons not to enter into the agreement, he is entitled

motivated to refuse an order or request or to implement special conditions

to connect.

  1. The entrepreneur will provide the consumer with the following information in writing with the product or service

or in such a way that it can be accessed by the consumer in an accessible manner

succeed on a durable data carrier, send:

  1. the email address of the company where the consumer can go with complaints;
  2. the conditions under which and the manner in which the consumer exercises the right of withdrawal

can use, or a clear statement regarding the exclusion of the withdrawal

straight;

  1. the information about warranties and existing after-sales service;
  2. the information included in Article 4 paragraph 3 of these conditions, unless the entrepreneur does not

has already provided data to the consumer before the execution of the agreement;

  1. the requirements for termination of the agreement if the agreement has a duration of

is more than one year or of indefinite duration.

  1. In the case of a duration transaction, the provision in the previous paragraph only applies to the honor

st delivery.

  1. Every agreement is entered into under the suspensive conditions of sufficient notice

availability of the relevant products.

Article 6 - Right of withdrawal

When delivering products:

  1. When purchasing products, the consumer has the option to terminate the agreement without

giving reasons to cancel within 14 days. This reflection period starts on the day

after receipt of the product by the consumer or after receipt by an advance notice

representative designated by the consumer and made known to the entrepreneur.

  1. During the cooling-off period, the consumer will handle the product and packaging with care. He

will only unpack or use the product to the extent necessary

assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in

return the original condition and packaging to the entrepreneur, in accordance with the

entrepreneur provided reasonable and clear instructions.

  1. If the consumer wishes to exercise his right of withdrawal, he is obliged to do so

to be made known to the entrepreneur within 14 days of receipt of the product. It

The consumer must make this known using the model form or by means of a

other means of communication such as by e-mail. After the consumer has indicated use

To exercise his right of withdrawal, the customer must return the product within 14 days

to steer. The consumer must prove that the delivered goods have been returned on time,

for example, by means of proof of shipment.

  1. If the customer has not made this known after the expiry of the periods referred to in paragraphs 2 and 3

wish to exercise his right of withdrawal or the product is not available to the entrepreneur

returned, the purchase is complete.

When providing services:

  1. When providing services, the consumer has the option to terminate the agreement without giving notice

of reasons for at least 14 days, starting on the day of entering into the agreement

of the agreement.

  1. To exercise his right of withdrawal, the consumer will follow the instructions provided by the consumer

reasonable and clear information provided by the entrepreneur when making the offer and/or at the latest upon delivery

instructions.

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, the costs of returns will be charged

at his expense and in certain cases also any already paid/owed

postage costs. The entrepreneur only reimburses the shipping costs of the cheapest standard

dard delivery method. In addition, shipping costs do not have to be refunded by the

entrepreneur when multiple products have been delivered and the consumer only a portion

returns from it. Then only the shipping costs need to be refunded

returned portion has been charged to the consumer. The entrepreneur does not have to pay anything in return

pay if the same shipping costs have been charged for the entire package as for le

suspension of only one product would have happened.

  1. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible

refund, but no later than within 14 days after cancellation. The condition here is that

the product has already been received back by the online retailer or there is conclusive proof of complete return

shipment can be discussed. Refund will be made via the same payment method provided by

the consumer has been used unless the consumer expressly consents to another

payment method.

  1. If the product is damaged due to careless handling by the consumer himself, the con

sumer liable for any depreciation of the product.

  1. The consumer cannot be held liable for any reduction in value of the product

when the entrepreneur does not provide all legally required information about the right of withdrawal

provided, this must be done before concluding the purchase agreement.

Article 8 - Exclusion of right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for products such as:

wrote in paragraphs 2 and 3 of this article. The exclusion of the right of withdrawal only applies if the

the entrepreneur has made this clear in the offer, at least in time before concluding the agreement

mention.

  1. Exclusion of the right of withdrawal is only possible for products:
  2. that have been established by the entrepreneur in accordance with specifications of the consumer

ment;

  1. that are clearly personal in nature;
  2. which by their nature cannot be returned;
  3. that can spoil or age quickly;
  4. the price of which is dependent on fluctuations in the financial market on which the company operates

EIA has no influence;

  1. for individual newspapers and magazines;
  2. for audio and video recordings and computer software of which the consumer has the seal

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

  1. Exclusion of the right of withdrawal is only possible for services:
  2. regarding accommodation, transport, restaurant business or leisure activities to be carried out in a specific area

date or during a certain period;

  1. the delivery of which commenced with the express consent of the consumer before the

reflection period has expired;

  1. concerning betting and lotteries.

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products offered are:

products and/or services will not be increased, except for price changes as a result of changes

in VAT rates.

  1. Notwithstanding the previous paragraph, the entrepreneur can provide products or services whose prices are

are subject to fluctuations in the financial market and over which the entrepreneur has no influence

has, offering variable prices. This bondage to fluctuations and the fact that

Any prices stated are target prices and will be stated in the offer.

  1. Price increases within 3 months after the conclusion of the agreement are only allowed

if they are the result of legal regulations or provisions.

  1. Price increases from 3 months after the conclusion of the agreement are only permitted

if the entrepreneur has stipulated this and:

  1. these are the result of legal regulations or provisions; or
  2. the consumer has the authority to cancel the agreement with effect from the day

on which the price increase takes effect.

  1. The prices stated in the offer of products or services include VAT.
  2. All prices are subject to printing and typographical errors. For the consequences of pressure – and pressure

no liability is accepted for errors. In the event of printing and typographical errors, the entrepreneur is not far behind

obligation to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement,

the specifications stated in the offer as an indication, meet the reasonable requirements of reliability

and/or usability and existing on the date of conclusion of the agreement

legal provisions and/or government regulations. If agreed, the entrepreneur stands

also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal guarantee

rights and claims that the consumer has against the consumer under the agreement

entrepreneur can assert.

Any defects or incorrectly delivered products must be reported within 2 months of delivery

the entrepreneur must be notified in writing. The products must be returned

in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The

However, the entrepreneur is never responsible for the ultimate suitability of the product

products for each individual application by the consumer, nor for any advice

with regard to the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products himself

has had third parties repair and/or edit;

  • The delivered products have been exposed to abnormal conditions or

otherwise be treated carelessly or contrary to the instructions of

the entrepreneur and/or on the packaging;

  • The defect is wholly or partly the result of regulations that the

government has stated or will determine with regard to the nature or quality of the

materials used.

Article 11 - Delivery and execution

  1. The entrepreneur will exercise the utmost care when receiving the goods

and in the execution of orders for products and in the assessment of applications for delivery

ning of services.2. The place of delivery is the address that the consumer has provided to the company.

  1. Taking into account what is stated in paragraph 4 of this article, the company will accept

execute orders expeditiously, but no later than within 10 days, unless consu

ment has agreed to a longer delivery period. If delivery is delayed under

finds, or if an order cannot be executed or can only be partially executed, the

consumer of this no later than 10 days after he has placed the order. The consumer

in that case has the right to terminate the agreement without costs. The consumer has

no right to compensation.

  1. All delivery times are indicative. The consumer cannot meet any stated deadlines

derive rights. Exceeding a term does not entitle the consumer to compensation

goodness.

  1. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will pay the amount that the con

sum has been paid as soon as possible, but no later than within 14 days after dissolution

languages.

  1. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort

to make a replacement item available to the consumer. Before shipping it

product will be notified in a clear and understandable manner that a replacement item is available

is available and can also be delivered in accordance with the consumer's agreement. When replacing

the articles, the right of withdrawal cannot be excluded.

  1. The risk of damage and/or loss of products rests with the entrepreneur until the mo

ment of delivery to the consumer or a pre-designated person known to the entrepreneur

representative, unless expressly agreed otherwise.

Article 12 - Payment

  1. Unless otherwise agreed, the amount owed by the consumer must be paid

via the payment method chosen by the consumer and the associated conditions

are met.

  1. The consumer has the obligation to correct inaccuracies in payment details provided or stated

widely reported to the entrepreneur.

  1. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions

, the right to charge the consumer for reasonable costs made known in advance

to take. If the consumer does not fulfill his payment obligation(s) on time, he will be

he has been informed by the entrepreneur of the late payment and the entrepreneur has informed the consumer

has granted a period of 14 days to still meet its payment obligations, after the

If payment is not made within this 14-day period, the amount still owed will be determined by law

interest is due and the entrepreneur is entitled to the extrajudicial costs incurred by him

to charge collection costs. These collection costs amount to a maximum of 15%

outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the full

€5,000 with a minimum of €40. The entrepreneur can benefit the consumer

ment deviate from the stated amounts and percentages.

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles it

the complaint in accordance with this complaints procedure.

  1. Complaints about the implementation of the agreement must be complete and clear within 2 months

described are submitted to the entrepreneur after the consumer has confirmed the defects

stated.

  1. Complaints submitted to the entrepreneur will be processed within a period of 14 days

the date of receipt. If a complaint has a foreseeable longer processing time

request, the entrepreneur will respond with a message within 14 days

of receipt and an indication when the consumer can expect a more detailed answer

at.

  1. If the complaint cannot be resolved by mutual agreement, a dispute arises that can be resolved

for dispute settlement.

  1. In case of complaints, a consumer must first contact the entrepreneur. It is also mo

you can also register complaints via the European ODR platform (http://ec.europa.eu/odr).

  1. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur is in writing

indicates otherwise.7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will contact her

choice whether to replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. On agreements between the entrepreneur and the consumer to which these general terms and conditions

the relationship, exclusively Dutch law applies. Even if the consumer

lives abroad.

  1. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be detrimental

of the consumer and must be recorded in writing or in such a way that this

can be stored by the consumer in an accessible manner in a sustainable manner

data carrier.

.