General Terms and Conditions

Article 1 - Definitions

Additional contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur
Reflection period: the period within which the consumer can exercise his right of withdrawal
Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession
Day: calendar day
Digital content: data produced and supplied in digital form
Ongoing performance contract: a contract aimed at the supply of goods, services and/or digital content over a certain period
Durable data carrier: any means, including e-mail, by which the Consumer or the Entrepreneur can store information addressed personally to him/her in such a way that future consultation and use is possible for a period appropriate to the purpose for which the information is intended and which allows unchanged reproduction of the stored information
Right of withdrawal: the consumer’s right to withdraw from the distance contract within the reflection period
Entrepreneur: the natural or legal person who supplies products, (access to) digital content and/or services remotely to consumers.
Distance contract: a contract concluded between entrepreneur and consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract, one or more techniques for distance communication are used exclusively or partly. contract
Technology for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time.

Article 2 - The identity of the entrepreneur

Artin Athletics

Nieuwstraat 156D

5126CH, Gilze

Netherlands

info@artin-athletics.com

Chamber of Commerce: 81423985

VAT: NL862084684B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
Before the distance contract is concluded, the entrepreneur shall make the text of these general terms and conditions available free of charge as soon as possible. If this is reasonably impossible, the entrepreneur shall indicate before concluding the distance contract how the general terms and conditions can be inspected and that they will be sent free of charge upon request.
If the agreement is concluded remotely electronically, the text of these general terms and conditions, contrary to the previous paragraph and before the remote agreement is concluded, can also be provided electronically to the consumer in such a way that it can be easily stored by the consumer on a durable data carrier. If this is reasonably impossible, it will be indicated before concluding the remote agreement where the general terms and conditions can be viewed electronically and, at the consumer's request, sent electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs two and three apply accordingly, and in case of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to him/her.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the products, services, and/or digital content. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All offers contain such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance is confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within the limits of the law, inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
Before delivering the product, the entrepreneur will provide the consumer with the following information regarding the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or clear information about the exemption from the right of withdrawal;
c. the information corresponding to existing aftersales services and guarantees;
d. the price including all taxes of the product, service, or digital content, if applicable the delivery costs and the method of payment, delivery, or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
the model withdrawal form if the consumer has a right of withdrawal.
In the case of a continuous contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

In the case of products:

The consumer can cancel a purchase agreement for a product without giving reasons during a reflection period of at least 14 days. The entrepreneur may ask the consumer for the reason for cancellation but cannot force them to provide their reason(s).
The reflection period mentioned in paragraph 1 starts on the day the product is received by the consumer or by a third party designated by them in advance who is not the carrier, or

if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided they have clearly informed the consumer about this prior to the ordering process.
if the delivery of a product consists of multiple batches or parts: the day on which the consumer or a third party designated by them received the last batch or the last part.
in case of an agreement for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.

Article 7 - Obligations of the consumer during the reflection period

During this period, the consumer will handle the product and packaging carefully. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and suitability of the product. The principle is that the consumer may only handle and inspect the product in the same way as they may handle a product in a store.
The consumer is only liable for depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided all legal information about the right of withdrawal before concluding the agreement.

Article 8 - Exercise of the right of withdrawal and costs of the consumer

If the consumer exercises their right of withdrawal, they notify the entrepreneur unambiguously within the reflection period via the model withdrawal form.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. The consumer has observed the return period in any case if the product is returned before the reflection period has expired.
The consumer returns the product with all delivered accessories and, if reasonably possible, in its original condition and packaging and in accordance with the reasonable and clear instructions provided by the entrepreneur. A shipment that is not collected by the consumer at a pickup point and is therefore automatically returned to the entrepreneur is also considered a return shipment.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or has indicated that they will bear these costs themselves, the consumer does not have to pay these costs.
The cost for returning is €9.95 per shipment.
If the consumer withdraws after expressly requesting that the execution of a service or the supply of gas, water, or electricity, which has not yet been made ready for sale, has not begun in a limited volume or specific quantity during the reflection period, the consumer shall pay the entrepreneur an amount equal to the part of the obligation already performed at the time of withdrawal compared to full compliance with the
The consumer does not bear the costs for services of water, gas, or electricity not ready for sale in a limited volume or quantity, or for the supply of district heating if

the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form, or
the consumer has not expressly requested to begin the performance of the service or the supply of gas, water, electricity, or district heating during the reflection period.
The consumer bears no costs for the full or partial delivery of digital content not stored on a tangible medium, if:
he has not expressly agreed prior to delivery to commence the performance of the agreement before the end of the reflection period;
he has not acknowledged losing his right of withdrawal by giving consent; or
the entrepreneur has not confirmed the consumer's declaration.

If the consumer exercises his right of withdrawal, all additional agreements shall automatically terminate.

Article 9 - Obligations of the entrepreneur upon withdrawal

If the entrepreneur enables the notification of withdrawal electronically, he shall immediately send a receipt of confirmation.
The entrepreneur reimburses all payments from the consumer, including any delivery costs charged to the consumer for the returned product, as soon as possible but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or the consumer has demonstrated that he has returned the product, whichever occurs first.
The entrepreneur uses the same payment method that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the Consumer.
If the Consumer has chosen a more expensive delivery method instead of the cheapest standard delivery, the Entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

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

Products or services whose price is tied to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood as a sales method whereby the entrepreneur offers products, digital content, and/or services to the consumer who is personally present or has the opportunity to be personally present at the auction under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.
Service agreements, after full performance of the service, but only if
the performance has begun with the consumer's express prior consent; and
the consumer has declared that they lose their right of withdrawal as soon as the entrepreneur has fully performed the agreement.
Service agreements for the provision of accommodation during a specific period of performance and other than for residential purposes, goods transport, car rental services, and catering;
Agreements relating to leisure activities if a specific date or period of performance is stipulated in the agreement;
Products manufactured according to the consumer's specifications that are not prefabricated and are produced based on an individual choice or decision of the consumer or intended for a specific person;
Perishable products or products with a limited shelf life.
Sealed products that are not suitable for return for health or hygiene reasons and whose seal has been broken;
Products that are irreversibly mixed with other products due to their nature;

Article 11 - The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. The offer will be subject to fluctuations and the fact that any stated prices are indicative prices.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of new legislation.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and
be the result of legal regulations or provisions, or
The consumer has the authority to terminate the agreement before the day on which the price increase takes effect.
All prices mentioned for the delivery of products or services include VAT.

Article 12 - Performance of the agreement and additional warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of usability and/or reliability, and the legal provisions and/or government regulations existing on the day the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer never affects the rights and claims that the consumer can assert against the entrepreneur regarding a failure to fulfill the entrepreneur’s obligations if the entrepreneur has failed to fulfill its part of the agreement.
An additional warranty means any commitment by the entrepreneur, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to in case it has failed to fulfill its part of the agreement.

Article 13 - Delivery and execution

The entrepreneur will exercise the greatest possible care when recording orders and executing product orders and when assessing requests for the provision of services.
The place of delivery is the address provided by the consumer to the entrepreneur.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than one month after ordering. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
After termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay but no later than 30 days after termination.
The risk of loss and/or damage to products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and consumer-known representative, unless expressly agreed otherwise.

Article 14 - Sustainable performance agreements: duration, termination, and extension

Termination
1. The consumer may terminate an agreement entered into for an indefinite period for the regular delivery of products (including electricity) or services at any time, observing the termination rules and with a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed term for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the termination rules and with a notice period of no more than one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs:
– at any time and not limited to termination at a specific time or during a specific period;
– at least in the same manner as they were concluded by the Entrepreneur;
– at any time with the same notice period as the Entrepreneur has stipulated for themselves.
Extension
4. An agreement entered into for a fixed term for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
5. Contrary to the previous paragraph, an agreement entered into for a fixed term for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months if the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a fixed term for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is at most three months for agreements concerning regular delivery of daily, news, and weekly newspapers and magazines occurring less than once a month.
7. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or introductory period.
Duration

If the agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise stipulated in the agreement or in the additional terms, the amounts payable by the consumer must be paid within 14 days after the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day the consumer receives confirmation of the agreement.
The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the provided or stated payment details.
If the consumer has not fulfilled their payment obligation(s) on time and the entrepreneur has informed them that the payment was late and granted the consumer a period of 14 days to fulfill the payment obligations, the consumer is obliged to pay statutory interest on the due amount, and the entrepreneur is entitled to charge the consumer any extrajudicial collection costs. These extrajudicial collection costs amount to a maximum of 15% for outstanding amounts up to €2,500, 10% for the next €2,500, and 5% for the next €5,000, with a minimum of €40. The entrepreneur may deviate from the aforementioned amounts and percentages to the consumer's benefit.

Article 16 - Complaints Procedure

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

Article 17 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 18 - Additional or Deviating Provisions

Additional provisions or deviations from these terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable data carrier.