This English translation is provided for your convenience. Only the German version is legally binding; in case of any discrepancy, the German version prevails.
Terms and Conditions The Fight Company
These Terms and Conditions of The Fight Company entered into force on 1 February 2019.
Table of contents:
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability< br />Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal< br / >Article 7 – Obligations of the consumer during the withdrawal period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the trader in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Conformity and additional guarantee
Article 13 – Delivery and performance< span class="s2">
Article 14 – Continuing performance transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure< /span>
Article 1 – Definitions
In these Terms and Conditions:
- Additional agreement: an agreement 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 trader or by a third party on the basis of an agreement between that third party and the trader;
- Withdrawal period: the period within which the consumer may exercise his right of withdrawal; li>
- Consumer:: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Continuing performance contract: a contract which extends to the regular delivery of goods, services and/or digital content during a specified period;
- Durable medium: any tool – including e-mail – which enables the consumer or trader to store information addressed to him personally in a way which facilitates future consultation or use during a period appropriate to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to renounce the distance contract within the withdrawal period;
- Trader: the natural or legal person who sells products, (access to) digital content and/or services to consumers at a distance;
- Distance contract: an agreement concluded between the trader and the consumer under an organised system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract exclusive or partial use is made of one or more techniques for distance communication;
- Model withdrawal form: the European model withdrawal form set out in Annex I to these Terms and Conditions; Annex I need not be provided if the consumer has no right of withdrawal with respect to his order;
- Distance communication technique: means that can be used for the conclusion of an agreement, without consumer and trader having to come together in the same space at the same time.
Article 2 – Identity of the trader
Name of the trader: The Fight Company
Trading under the name: The Fight Company
Business address:
Jan Evertsenstraat 78< span class="s2">
1056 EE Amsterdam
Telephone number: 020 210 1189
Availability:
Monday: 13:00 – 19:00
Tuesday: 10:00 – 19:00< br />Wednesday: 10:00 – 19:00
Thursday: 10:00 – 21:00
Friday: 10:00 – 19:00 span>
Saturday: 10:00 – 18:00< span class="s2">
Sunday: 12:00 – 17:00
E-mail address: info@thefightcompany.nl< / span>
CoC number: 73379697
VAT identification number: NL200046780B01< br / >
Article 3 – Applicability
- These Terms and Conditions apply to every offer from the trader and to every distance contract concluded between trader and consumer.
- Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate before the distance contract is concluded how the Terms and Conditions can be inspected at the trader's premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.< /span >
- If, contrary to the preceding paragraph, the distance contract is concluded electronically, the text of these General Terms and Conditions may be made available to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded it shall be indicated where the General Terms and Conditions can be consulted electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.
- In the event that specific product or service conditions apply in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply accordingly and, in the event of conflicting conditions, the consumer may always rely on the provision most favourable to him.
Article 4 – The offer
- If an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader 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 trader.
- Each offer contains such information that it is clear to the consumer which rights and obligations are associated with accepting the offer.</li>
Article 5 – The contract
- The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and the corresponding conditions are met.
- If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may withdraw from the contract.
- If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
- The trader may, within the limits of the law, inform himself whether the consumer can meet his payment obligations, as well as all facts and factors important for responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to conclude the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- The trader shall provide the consumer with the following information in writing, or in such a way that the consumer can store it in an accessible manner on a durable medium, no later than upon delivery of the product, service or digital content:
-
- the visiting address of the trader's establishment at which the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding exclusion of the right of withdrawal;
- the information about warranties and existing after-sales service;
- the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
- the requirements for terminating the contract, if the contract has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products:
- The consumer may withdraw from a contract for the purchase of a product within a withdrawal period of 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige him to state his reasons.
- The reflection period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
-
- if the consumer has ordered several products in the same order: the day on which the consumer or a third party designated by him has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the order process, refuse an order for several products with different delivery times.
- if the delivery of goods consists of several shipments or parts: the day on which the consumer or a third party designated by him has received the last shipment or the last part;
- in the case of contracts for the regular delivery of goods during a specific period: the day on which the consumer or a third party designated by him has received the first product.
For services and digital content that are not provided on a tangible medium:
- The consumer may cancel a contract for services and a contract for the supply of digital content that has not been supplied on a tangible medium within 14 days without giving reasons. The trader may ask the consumer for the reason for the withdrawal, but may not oblige him to state the reasons.
- The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content that are not provided on a tangible medium if you are not informed of the right of withdrawal:
- If the trader has not provided the consumer with the statutory instructions on withdrawal or the model withdrawal form, the withdrawal period shall be twelve months after expiry of the original cooling-off period determined in accordance with the previous paragraphs of this article.
- If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the commencement of the original withdrawal period, the withdrawal period shall expire 14 days after the day on which the consumer received this information.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period the consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and examine the product in the same way as he would be allowed to do in a shop.
- The consumer shall only be liable for the reduction in value of the product resulting from handling of the product which goes beyond what is permitted in paragraph 1.
- The consumer shall not be liable for a reduction in value of the goods if the trader has not provided him with all the legally required information on the right of withdrawal before or at the conclusion of the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer exercises his right of withdrawal, he shall notify the trader of this within the withdrawal period by means of the model withdrawal form or in another clear manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to an authorised representative of the trader. This is not necessary if the trader has offered to collect the goods himself. The consumer has in any case complied with the return period if he returns the product before the expiry of the withdrawal period.
- The consumer shall return the product with all accessories supplied, if reasonably possible in the original condition and in the original packaging, and in accordance with the reasonable and clear instructions provided by the trader.
- The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
- The consumer shall bear the direct costs of returning the product. If the trader has not notified the consumer that the consumer must bear these costs, or if the trader states that he will bear the costs himself, the consumer shall not have to bear the costs of returning the goods.
- If the consumer withdraws after having previously expressly requested that the provision of the service or the supply of gas, water or electricity not made up for sale in a limited volume or set quantity should commence during the withdrawal period, the consumer shall owe the trader an amount which is proportionate to that part of the obligation which the trader has fulfilled at the time of withdrawal compared to the full performance of the obligation.
- The consumer shall not bear any costs for the provision of services or the supply of water, gas or electricity that are not offered for sale in a limited volume or quantity, or for district heating,
- If the consumer exercises his right of withdrawal, all agreements beyond this shall be dissolved by operation of law.
Article 9 – Obligations of the trader in the event of withdrawal
- Where the trader enables the consumer to submit the declaration of withdrawal electronically, he shall send an acknowledgement of receipt without delay upon receiving this notification. li >
- The trader shall refund all payments made by the consumer, including delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with the refund until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
- The trader shall use the same method of payment that the consumer used for the refund, unless the consumer agrees to a different method. The refund shall be free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader is not required to refund the additional costs for the more expensive method of delivery.
Article 10 – Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in good time before conclusion of the contract:
- Products or services whose price is subject to fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period li>
- Contracts concluded at a public auction. A public auction shall be understood to mean a sales procedure in which the trader offers products, digital content and/or services to the consumer who is personally present at the auction or is given the opportunity to be so, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
- Service agreements, after complete provision of the service, but only if:
-
- The provision has begun with the express prior consent of the consumer; and
- The consumer has declared that he will lose his right of withdrawal once the trader has completely fulfilled the contract;
- Package travel contracts within the meaning of Article 7:500 of the Dutch Civil Code and passenger transport contracts;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and is not intended for residential purposes, transport of goods, car rental and catering;
- Contracts relating to leisure activities, if the contract provides for a specific date or period for their performance;
- Products that are manufactured according to consumer specifications, that are not pre-manufactured and that are manufactured on the basis of an individual choice or decision of the consumer or that are clearly designed for a specific person;< /span>
- Products that perish quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products that, due to their nature, are irrevocably mixed with other products after delivery;
- Alcoholic beverages whose price is agreed at the conclusion of the contract but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no control;
- Sealed audio and video recordings and computer software whose seal has been broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
- The provision of digital content other than on a tangible medium, but only if:
-
- The provision has begun with the express prior consent of the consumer; and
- The consumer has declared that he hereby loses his right of withdrawal.
Article 11 – The price
- During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, with the exception of price changes due to changes in VAT rates. span>
- Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market and on which the trader has no influence, with variable offer prices. This dependency on fluctuations and the fact that the stated prices are guideline prices is expressly indicated in the offer.
- Price increases within 3 months after conclusion of the contract are only permissible insofar as they are based on statutory provisions or regulations.
- Price increases from 3 months after conclusion of the contract are only permissible if the trader has agreed this and:
-
- these result from statutory provisions or regulations; or
- The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include the statutory value added tax.
Article 12 – Nakoming overeenkomst en extra garantie
- The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements as to quality and/or usability and the statutory provisions and/or official regulations that apply at the time of conclusion of the contract. Where agreed, the trader also warrants that the product is suitable for other than normal use.
- An additional guarantee of the trader, his supplier, manufacturer or importer shall in no way limit the statutory rights and claims that the consumer can assert against the trader under the contract. The contractual conditions apply if the trader has not fulfilled his part of the agreement.
- An additional guarantee is understood to mean any obligation of the trader, his supplier, importer or producer by which he assigns to the consumer certain rights or claims going beyond those to which he is entitled if he does not fulfil his part of the agreement.
Article 13 – Delivery and performance
- The trader will exercise the greatest possible care when accepting and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has communicated to the trader.
- Taking into account the provisions in Article 4 of these General Terms and Conditions, the trader will execute accepted orders promptly, but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer will be informed of this at the latest 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and is entitled to claim damages.
- Following termination in accordance with the previous paragraph, the trader will immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products lies with the trader until the time of delivery to the consumer or a representative designated in advance and communicated to the trader, unless expressly agreed otherwise.
Article 14 – Continuing transactions: duration, cancellation and extension
Cancellation:
- The consumer may at any time terminate a contract concluded for an indefinite period which extends to the regular delivery of products (including electricity) or services, subject to the agreed cancellation rules and a notice period of at most one month.
- The consumer may at any time terminate a contract concluded for a fixed period which extends to the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed cancellation rules and a notice period of at most one month.
- The consumer may use the agreements referred to in the previous paragraphs:
-
- cancel at any time and not be limited to cancellation at a specific time or period;
- cancel at least in the manner agreed by him;
- always cancel with the same notice period that the trader has stipulated for himself.
Extension:
- A contract concluded for a fixed period which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
- In contrast to the previous paragraph, it may be a contract concluded for a specific period that extends to the regular delivery of daily newspapers as well as weekly newspapers and magazines and is tacitly extended for a fixed term of a maximum of three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of at most one month.
- A contract concluded for a specific period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of at most one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once monthly, delivery of daily newspapers, news and weekly newspapers and magazines.
- A contract for a limited period for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically upon expiry of the trial or introductory period.
Duration:
- If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year has elapsed with a notice period of at most one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
Article 15 – Payment
- Unless stipulated otherwise in the contract or additional conditions, the amounts owed by the consumer must 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 case of a contract for the provision of a service, this period begins on the day after the consumer has received confirmation of the contract.
- When selling products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the agreed advance payment has been made.
- The consumer is obliged to report inaccuracies in payment data provided or communicated to the trader without delay.
- If the consumer does not meet his payment obligation(s) on time, after having been informed by the trader of the late payment and the trader has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, statutory interest shall become due on the amount still owed and the trader 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% on the next € 2,500 and 5% on the next € 5,000 with a minimum amount of € 40. The trader may deviate from the stated amounts and percentages in favour of the consumer.
Article 16 – Complaints procedure
- The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.< /li>
- Complaints addressed to the trader will be answered within a period of 14 days from the date of receipt. If a complaint foreseeably requires a longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
- The consumer must give the trader at least 4 weeks to resolve the complaint by mutual consultation. After the expiry of this period, a dispute arises that is subject to the dispute resolution procedure.