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TERMS & CONDITIONS

Index:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 7 – Obligations of the entrepreneur in case of withdrawal

Article 8 – The price

Article 9 – Compliance and extra guarantee

Article 10 – Delivery and implementation

Article 11 – Duration transactions: duration, cancellation and extension

Article 12 – Payment

Article 13 – Complaints

Article 14 – Disputes

Article 15 – Additional or different provisions

 

Article 1 – Definitions

The following definitions apply in these terms and conditions:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

  2. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;

  3. Consumer: person who uses products and services produced by the economy;

  4. Day: calendar day;

  5. Digital content: data that is produced and delivered in digital form;

  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;

  7. Sustainable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is geared to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;

  8. Right of withdrawal: the ability of the consumer to cancel the distance agreement within the cooling-off period;

  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or remote services to consumers;

  10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for sale on

  11. waiver of products, digital content and / or services, whereby up to and including the conclusion of the agreement use is made exclusively or partly of one or more techniques for distance communication;

  12. Model form for cancellation: the European model form for cancellation included in Appendix I of these terms and conditions;

  13. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader having to come together in the same room at the same time;

 

Article 2 – Identity of the entrepreneur

Unlocked Athletics

Zilverspartstraat, 6562HB, Groesbeek, the Netherlands

Email address: info@unlockedathletics.nl

KVK / Chamber of Commerce No. 78033594

 

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.

3. If the distance contract is concluded electronically, contrary to 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 it is consumer can be stored in a simple way 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 read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

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 conditions the consumer can always invoke the applicable provision that is most relevant to him. is beneficial.

Article 4 – The offer

1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products, digital content 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 true representation of the products, services and / or digital content 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.

 

Article 5 – The agreement

  1. The agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.

  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate 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 he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

  4. The entrepreneur can – within the law – inform himself if the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.

  5. The entrepreneur will send this document to the consumer before official delivery of the service or digital content.

 

Article 6 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer wants to use his/her right of withdrawal, the consumer communicates this with the entrepreneur before the 14th day after purchasing it. By sending a complete form of withdrawal (Annex I) by email.

  2. It is up to the consumer to use the right of withdrawal correctly and on time.

  3. The consumer gets a full refund, delivered services and digital content are considered free.

 

Article 7 – Obligations of the entrepreneur in case of withdrawal

  1. If the trader makes it possible for the consumer to withdraw electronically, he will immediately send a confirmation of receipt after receiving this notification.

  2. The entrepreneur reimburses all payments made by the consumer, but immediately within 14 days following the day on which the consumer notifies him of the cancellation. 

  3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

 

Article 8 – The price

  1. During the validity period stated in the offer, the prices of the products and / or services offered are not increased, subject to price changes as a result of changes in VAT rates.

  2. The prices stated in the range of products or services include VAT.

Article 9 – Compliance with agreement and extra guarantee

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

  2. If the entrepreneur does not comply with the agreement, the consumer can appeal to get an appropriate compensation from the entrepreneur.

 

Article 10 – Delivery and implementation

  1. The trader will take the greatest possible care when receiving and implementing orders and when assessing requests for the provision of services.

  2. The trader will execute accepted orders with due speed but at the latest within 14 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 14 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.

  3. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.

 

Article 11 – Duration transactions: duration, cancellation and extension

1. The consumer can terminate an agreement that has been entered into for an indefinite period, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month. Scheduled monthly payments will then be stopped.

2. The consumer can terminate an agreement that has been entered into for a definite period, with due observance of the agreed cancellation rules and a notice period of one month at most. Any planned monthly payments will then be stopped.

3. In some cases, payment for a service can be made weekly, in this special situation weekly cancellation is possible. Then the upcoming weekly payments will be stopped with immediate cancellation. This will also be stated in the general terms and conditions of this specific service when purchasing.

4. An agreement that has been entered into for a definite period and that extends to the regular delivery of services may not be extended for a fixed period.

Article 12 – Payment

1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.

3. The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.

4. If the consumer does not meet his payment obligation(s) in time, this is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after payment has not been made within this 14-day period, the statutory interest is due on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The entrepreneur can, for the benefit of the consumer, deviate from the stated amounts and percentages.

Article 13 – Complaints

1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.

2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has found the defects.

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 foreseeable longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, a dispute will arise that is subject to the dispute settlement procedure.

 

Article 14 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 15 – Additional or different provisions

Additional or deviating provisions 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 in an accessible manner on a durable medium.

 

Annex I: Model form for withdrawal

Model form for cancellation

(Only complete and return this form if you want to cancel the contract)

– To: Djamel Spaan, djamelspaan@unlockedathletics.nl

– I hereby inform you that I want to revoke our agreement regarding the sale of the following digital content: [digital content designation], the provision of the following service: [service designation].

– Ordered on * / received on * [order date with services or receipt with products]

– [Name of consumers (s)]

– [Consumer address (s)]

– [Signature consumer (s)] (only when this form is submitted on paper)

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