General

Terms

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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 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and its costs
Article 9 – Obligations of the entrepreneur by withdrawal
Article 10 – Exclusion of revocation right
Article 11 – The price
article 12 – Compliance and additional guarantee
Article 13 – Delivery and implementation
Article 14 – Payment
Article 16 – Complaints settlement
Article 17 – Disputes
Article 18 – Additional or different provisions

Article 1 – Definitions

These conditions shall mean:

  1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these matters, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Reflection : the time limit within which the consumer can use his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his or her commercial, business, crafts or professional activity;
  4. Day: calendar day;
  5. Digital content: digital ly produced and delivered data;
  6. Duration Agreement: an agreement which extends to the regular delivery of business, services and/or digital content for a certain period of time;
  7. Sustainable data carrier: any tool – including e-mail included – that allows the consumer or entrepreneur to store information personally directed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  8. Rightof withdrawal: the ability of the consumer to waive the distance contract 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 Agreement: an agreement concluded between the entrepreneur and the consumer under an organised system for remote sales of products, digital content and/or services, using only or part of one or more remote communications techniques until the conclusion of the contract;
  11. Model form for withdrawal: the European model form for revocation set out in Annex I to these conditions.
  12. Technology for remote communication: means that can be used to conclude an agreement, without consumers and entrepreneurs having to meet simultaneously in the same space.

Article 2 – Identity of the entrepreneur

Spiffy Active
Canal Road 3
1767 EA Kolhorn

Phone number: 06-15865874
Email address: info@spiffy-active.com

KvK number: 72561475
VAT identification number: NL8591.53,496.B01

Article 3 – Applicability

  1. These terms and conditions apply to any offer made by the entrepreneur and to any distance agreement between the entrepreneur and the consumer.
  2. Before the distance agreement is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader will indicate before the distance agreement is concluded, the general terms and conditions of 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 agreement is concluded electronically, by way of derogation from the previous paragraph and before the distance agreement is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance concluded the agreement where the terms and conditions can be communicated by electronic means and that they will be sent by electronic means or otherwise free of charge at the consumer's request.

Article 4 Offer

  1. If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer.
  2. The offer contains a full and accurate description of the products offered, digital content and/or services. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

  1. The agreement shall be concluded, subject to paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down therein.
  2. If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately confirm by electronic means receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the agreement.
  3. If the agreement is made electronically, the entrepreneur will take appropriate technical and organisational measures to ensure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate security measures.
  4. The entrepreneur can inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible entry into the distance contract. If, on the basis of this investigation, the economic operator has good grounds for not entering into the contract, he is entitled to refuse an order or application or to attach special conditions to the execution.
  5. The entrepreneur shall, by the latest, provide the consumer with the following information, 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 visit address of the entrepreneur's establishment where theonsument with complaints;
    2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification of the exclusion of the right of withdrawal;
    3. information information about warranties and existing post-purchase service;
    4. the price including all taxes on product, service or digital content; where applicable the cost of delivery; and the method of payment, delivery or implementation of the distance agreement;
    5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    6. if the consumer has a right of withdrawal, the model form for revocation
  6. In the case of an endurance transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

products:

  1. The consumer may terminate an agreement relating to the purchase of a product for a minimum of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but do not oblige them to give his reason
  2. (s).
  3. The cooling-off period referred to in paragraph 1 shall take place on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
    1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party he has designated, received the last product. The entrepreneur may, provided that she has clearly informed the consumer prior to the ordering process, refuse an order of several products with a different delivery time.
    2. if the supply of a product consists of several consignments or components: the day on which the consumer, or a third party designated by him or her, received the last consignment or the last part;
    3. agreements for regular delivery of products for a specified period: the day on which the consumer, or a third party designated by him or her, received the first product.

Services and digital content not delivered on a material carrier are

  1. The consumer may terminate a service agreement and an agreement for the provision of digital content that has not been delivered on a material carrier for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but do not oblige them to give his reason
  2. (s).
  3. The time period referred to in paragraph 3 shall be based on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not provided on a material carrier when not informing about the right to withdraw:

  1. If the trader has not provided the consumer with the legally required information on the right of withdrawal or the registration model form, the cooling-off period shall expire 12 months after the end of the original cooling-off period set in accordance with the previous members of this Article.
  2. If the economic operator has provided the information referred to in the preceding paragraph to the consumer within 12 months of the date of effective the original cooling-off period, the cooling-off period shall expire 14 days after the date on which the consumer received such information.

Article 7 Consumer Obligations during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and packaging carefully. He or she will only unpack or use the product to the extent necessary to the nature, determine the characteristics and operation of the product. The starting point here is that the consumer is only allowed to handle and inspect the product as he should in a shop.
  2. The consumer is only liable for the depreciation of the product resulting from a way of handling the product that goes beyond permitted in paragraph 1.
  3. The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

Article 8 Exercise of consumer withdrawal and costs

  1. If the consumer exercises his or her right of withdrawal, he or she shall notify the entrepreneur within the time limit of the withdrawal model form or otherwise unambiguously.
  2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorised representative of) the entrepreneur. This does not have to be done if the entrepreneur has offered to pick up the product himself. In any event, the consumer has complied with the return period if he or she returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct cost of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he is carrying the costs himself, the consumer does not have to bear the costs of return.
  6. If the consumer withdraws after first expressly requesting that the provision of the service or the supply of gas, water or electricity not prepared for sale be completed in a limited volume or commences certain quantity during the cooling-off period, the consumer shall owe the entrepreneur an amount commensurate with that part of the undertaking fulfilled by the entrepreneur at the time of withdrawal, compared with the full fulfilment of the undertaking.
  7. The consumer shall not bear any costs for the performance of services not ready for sale in a limited volume or quantity if:
    1. the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the retraction fee or the model form for revocation, or;
    2. the consumer did not expressly request the commencement of the service during the cooling-off period.
  8. The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a material carrier if:
    1. he or she did not expressly agree to start the contract before the end of the cooling-off period prior to its delivery;
    2. he or she has not acknowledged losing his or her right of withdrawal when granting his or her consent; or
    3. the entrepreneur has failed to confirm this consumer's statement
  9. If the consumer exercises his or her right of withdrawal, all additional agreements are legally terminated.

Article 9 – Obligations of the entrepreneur in the case of withdrawal

  1. If the entrepreneur makes the consumer's notification of withdrawal possible electronically, hi(j) on receipt of this notification, an acknowledgement of receipt shall be immediately received.
  2. The entrepreneur reimburses all consumer payments, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer reports the withdrawal. Unless the trader offers to collect the product himself, she may wait to repay until she has received the product or until the consumer proves that he or she has returned the product, according to which time is earlier.
  3. The trader uses the same means of payment used by the consumer for reimbursement, unless the consumer agrees to another method. The refund is free of charge to the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional costs for the more expensive method.

Article 10 Exclusion

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this at the time of the offer, at least in time for the conclusion of the agreement:

  1. created by the entrepreneur in accordance with consumer specifications;
  2. who are clearly personal in nature;
  3. which cannot be returned by their very nature;
  4. purchased at a public auction;
  5. whose price is tied to fluctuations in the financial market to which the entrepreneur has no influence;
  6. for separate newspapers and magazines or magazines;
  7. for audio, video recordings and computer software whose consumer has broken the seal;
  8. the delivery of digital content other than on a material carrier, but only if:
    1. implementation began with express prior consent from the consumer; and
    2. the consumer has stated that it will lose his right of withdrawal
  9. for hygienic products whose consumers have broken the seal

Article 11 The price

  1. During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, subject to price changes due to changes in VAT rates.
  2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and which the entrepreneur has no influence on with variable prices. This commitment to fluctuations and the fact that any prices listed are target prices are indicated by the offer.
  3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legislation or provisions.
  4. Price increases from 3 months after the conclusion of the agreement shall only be permitted if the entrepreneur has negotiated it and:
    1. these are the result of legislation or provisions; or
    2. the consumer has the power to terminate the agreement from the day the price increase starts.
  5. Prices listed in the range of products or services include VAT
  6. All prices are subject to pressure – and sputting errors. No liability is accepted for the consequences of pressure and errors. In case of printing – and printing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 12 Compliance agreement and additional warranty

  1. The entrepreneur staa(t) ensure that the products and/or services comply with the agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the laws and/or public regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also states that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, his subcontractor, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur under the contract if the entrepreneur has failed to fulfil his part of the contract.
  3. Means an additional guarantee means any undertaking by the entrepreneur, its subcontractor, importer or producer in which it grants to the consumer certain rights or claims which go beyond what is legally required in the event that he has failed to comply with his part of the contract.
  4. Any defects or misdelivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. Return of the products must be made in the original packaging and in new condition.
  5. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  6. The guarantee does not apply if:
  • The consumer has repaired and/or processed the products themselves or had it repaired and/or edited by third parties, unless this has been agreed with the entrepreneur in advance;
  • The products supplied have been exposed to abnormal conditions or otherwise treated carelessly or are contrary to the indications of the entrepreneur and/or have been treated on the packaging.

Article 13 Delivery and Execution

  1. The entrepreneur will take the utmost care when receiving and executing orders of products and in assessing requests for services.
  2. As a place of delivery, the address that the consumer has made known to the entrepreneur applies.
  3. Taking account of what is set out in Article 4 of these terms and conditions, the trader shall carry out accepted orders with competent urgency but not later than 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will receive a notification no later than 30 days after he or she has placed the order. In that case, the consumer has the right to terminate the contract at no cost and to be entitled to any damages.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
  5. The risk of damage and/or disappearance of products rests with the entrepreneur until the time of delivery to the consumer or a pre-appointed representative and disclosed to the entrepreneur, unless expressly otherwise agreed.

Article 14 Payment

  1. To the extent that the agreement or additional conditions are not otherwise specified, the amounts due by the consumer shall be paid within 14 days of the start of the cooling-off period, or in the absence of a cooling-off period within 14 days of the conclusion of the contract. In the event of an agreedthe granting of a service shall begin this period on the day after the consumer has received confirmation of the contract.
  2. When selling products to consumers, consumers should never be required to prepayment more than 50% under general terms and conditions. Where prepayment has been negotiated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the negotiated prepayment has taken place.
  3. The consumer has a duty to report inaccuracies in payment details provided or disclosed to the entrepreneur without delay.
  4. If the consumer does not fulfil his obligation to pay in good time, after being informed by the entrepreneur of late payment and awarding the consumer a period of 14 days to comply with his payment obligations after the absence of payment within that 14-day period, he shall be liable for the statutory interest on the amount still due and the entrepreneur is entitled to charge the out-of-court collection costs he has incurred.

Article 16 Complaints

  1. The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints concerning the implementation of the contract must be submitted to the entrepreneur in full and clearly within a competent time after the consumer has identified the deficiencies.
  3. Complaints submitted to the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur replies within the 14-day period with a receipt notice and an indication when the consumer can expect a more detailed answer.
  4. The consumer should give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this deadline, a dispute arises that is open to the dispute settlement

Article 17 Disputes

  1. Agreements between the entrepreneur and the consumer to which these terms and conditions relate apply exclusively Dutch law.

Article 18 Additional or derogatory provisions

Additional or different provisions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Annex I: Model form for revocation

Revocation

(fill out this form only and return it if you wish to revoke the agreement)

To:

Spiffy Active
Canal Road 3
1767 EA Kolhorn

Phone number: 06-15865874
Email address: info@spiffy-active.com

KvK number: 72561475
VAT identification number: NL8591.53,496.B01

I/We* share/notify* you hereby, that I/we* are regarding our agreement

sales of the following products: [product designation]*

delivery of the following digital content: [digital content designation]*

the provision of the following service: [designation service]*,

recall/revoked*

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

  • [Consumer Name(s)]
    • [Consumer address)]
    • [Consumer Signature)] (only when this form is submitted on paper)

    * Pass through what doesn't apply or fill out what applies.