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:
- Reflection period : the period within which the consumer can make use of his
right of withdrawal;
- 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;
- Day : calendar day;
- 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;
- 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.
- Right of withdrawal : the option for the consumer to cancel within the cooling-off period
of the distance contract;
- 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.
- Entrepreneur : the natural or legal person who offers products and/or services remotely
offers to consumers;
- 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;
- 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.
- 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
- These general terms and conditions apply to every offer from the entrepreneur and to every
distance contract and orders concluded between entrepreneur and consumer.
- 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.
- 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.
- 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.
- 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.
- Situations that are not regulated in these general terms and conditions must be assessed 'according to
the spirit' of these general terms and conditions.
- 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
- If an offer has a limited period of validity or is made subject to conditions, this will be stated
expressly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
- 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.
- All images, specifications and data in the offer are indicative and cannot be relied upon
lead to compensation or termination of the agreement.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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:
- the email address of the company where the consumer can go with complaints;
- 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;
- the information about warranties and existing after-sales service;
- 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;
- the requirements for termination of the agreement if the agreement has a duration of
is more than one year or of indefinite duration.
- In the case of a duration transaction, the provision in the previous paragraph only applies to the honor
st delivery.
- 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:
- 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.
- 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.
- 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.
- 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:
- 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.
- 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
- 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.
- 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.
- If the product is damaged due to careless handling by the consumer himself, the con
sumer liable for any depreciation of the product.
- 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
- 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.
- Exclusion of the right of withdrawal is only possible for products:
- that have been established by the entrepreneur in accordance with specifications of the consumer
ment;
- that are clearly personal in nature;
- which by their nature cannot be returned;
- that can spoil or age quickly;
- the price of which is dependent on fluctuations in the financial market on which the company operates
EIA has no influence;
- for individual newspapers and magazines;
- 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.
- Exclusion of the right of withdrawal is only possible for services:
- regarding accommodation, transport, restaurant business or leisure activities to be carried out in a specific area
date or during a certain period;
- the delivery of which commenced with the express consent of the consumer before the
reflection period has expired;
- concerning betting and lotteries.
Article 9 - The price
- 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.
- 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.
- Price increases within 3 months after the conclusion of the agreement are only allowed
if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted
if the entrepreneur has stipulated this and:
- these are the result of legal regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect 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. 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- The consumer has the obligation to correct inaccuracies in payment details provided or stated
widely reported to the entrepreneur.
- 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
- The entrepreneur has a sufficiently publicized complaints procedure and handles it
the complaint in accordance with this complaints procedure.
- 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.
- 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.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that can be resolved
for dispute settlement.
- 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).
- 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
- 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.
- 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.
.