General Terms and Conditions 365 Sports

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Supplementary 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 provided by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;

Reflection period:

the period within which the consumer may use their right of withdrawal;

Consumer:

the natural person who does not act for purposes relating to their trade, business, craft or professional activity;

Day:

calendar day;

Digital content:

data which are produced and supplied in digital form;

Continuing performance contract:

a contract serving to deliver goods, services and/or digital content in a given period;

Durable data carrier:

any means, including email, that enables the consumer or the entrepreneur to store information directed to them personally in a manner accessible for future reference and use for a period adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored;

Right of withdrawal:

the possibility for the consumer to waive the distance contract within the reflection period;

Entrepreneur:

the natural or legal person providing products, (access to) digital content and/or services to consumers at a distance;

Distance contract:

a contract concluded by the entrepreneur and the consumer within the scope of an organized system for distance selling of products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies for distance communication up to the conclusion of the contract;

Model withdrawal form:

the European model withdrawal form included in Appendix I of these conditions; Appendix I does not have to be provided if the consumer does not have a right of withdrawal regarding their order;

Technology for distance communication:

means that can be used for the conclusion of a contract, without the consumer and the entrepreneur being convened together in the same space.

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

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

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

3. If the distance contract is concluded electronically, the text of these general terms and conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be specified where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, either electronically or otherwise, at the consumer's request before concluding the distance contract.

4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory conditions, the consumer may always appeal to the applicable provision that is most favorable to them.

Article 4 - The offer

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

2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the consumer to assess the products, services, or digital content adequately. If the entrepreneur makes use of pictures, they are truthful images of the products, services and/or digital content provided. Obvious errors or mistakes in the offer do not bind the entrepreneur.

3. All offers contain 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 becomes valid, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with 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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may 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 will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur may, within statutory frameworks, gather information about the consumer's ability to fulfill their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the entrepreneur has sound reasons not to conclude the agreement, they are lawfully entitled to refuse an order or request, or to attach special conditions to its implementation.

5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

• the visiting address of the entrepreneur's business establishment where the consumer may lodge complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• the information corresponding to existing after-sales services and guarantees;
• the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or implementation 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;
• if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may dissolve an agreement concerning the purchase of a product during a reflection period of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).

2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or:

• if the consumer ordered several 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, provided they have clearly informed the consumer prior to the ordering process, refuse an order of multiple products with different delivery times.
• if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
• for agreements for regular delivery of products during a given period: the day on which the consumer, or a third party designated by them, received the first product.

For services and digital content that is not supplied on a material carrier:

3. The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a material carrier during a 14-day reflection period without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s).

4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content not supplied on a material carrier if not informed about the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.

6. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

Article 7 - Consumer's obligations during the reflection period

1. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a physical shop.

2. The consumer is only liable for value depreciation of the product that is the result of handling the product in a way that goes beyond what is allowed in paragraph 1.

3. The consumer is not liable for the depreciation of the product if the entrepreneur did not provide all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercising the consumer's right of withdrawal and the costs

1. If the consumer exercises their right of withdrawal, they shall notify the entrepreneur unambiguously with the standard withdrawal form within the reflection period.

2. The consumer shall return the product or deliver it to (the authorized representative of) the entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in paragraph 1. This does not need to be done if the entrepreneur offered to collect the product themselves. The consumer has observed the period of returning the product in any event if the product is returned before the expiration of the reflection period.

3. The consumer shall return the product with all delivered accessories, if reasonably possible in the original state and packaging, and in conformity with reasonable and clear instructions given by the entrepreneur.

4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs for returning the product.

6. If the consumer withdraws after having explicitly requested that the provision of a service or the supply of gas, water, or electricity that have not been made ready for sale in a limited volume or certain quantity commences during the reflection period, the consumer shall owe the entrepreneur an amount that is proportionate to the part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the commitment.

7. The consumer bears no costs for the performance of services or the supply of water, gas, or electricity, which have not been made 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 cost compensation in case of withdrawal, or the model withdrawal form, or;
• the consumer did not explicitly request the commencement of the performance of the service or supply of gas, water, electricity, or district heating during the reflection period.

8. The consumer bears no costs for the full or partial delivery of digital content not supplied on a material carrier, if:

• they did not explicitly agree to the commencement of the performance of the agreement before the end of the reflection period;
• they did not acknowledge losing their right of withdrawal when granting their consent; or
• the entrepreneur failed to confirm this statement by the consumer.

9. If the consumer exercises their right of withdrawal, all supplementary agreements are legally dissolved.

Article 9 - Entrepreneur's obligations in case of withdrawal

1. If the entrepreneur makes it possible for the consumer to declare their withdrawal electronically, they will promptly send a confirmation of receipt upon receiving such a declaration.

2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but within 14 days following the day on which the consumer notified them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with reimbursing until having received the product or until the consumer has demonstrated that they have sent back the product, whichever is earlier.

3. The entrepreneur uses the same means of payment that the consumer used, unless the consumer consents to another method. The reimbursement is free of charge for the consumer.

4. If the consumer chose a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

2. Agreements concluded at a public auction. A public auction is defined as a selling method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who attends or is given the opportunity to attend the auction in person, under the direction of an auctioneer, and whereby the successful bidder is bound to purchase the products, digital content and/or services;

3. Service agreements, after full performance of the service, but only if the performance began with the consumer's explicit prior consent; and the consumer stated that they will lose their right of withdrawal as soon as the entrepreneur has fully performed the agreement;

4. Package holidays as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;

5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of execution and other than for residential purposes, transport of goods, car rental services, and catering;

6. Agreements related to leisure activities, if the agreement provides for a specific date or period of execution;

7. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

8. Products which decay quickly or have a limited shelf life;

9. Sealed products which are unsuitable for return due to health protection or hygiene reasons and whose seal was broken after delivery;

10. Products which, after delivery, are inherently irrevocably mixed with other products;

11. Alcoholic beverages, the price of which was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market upon which the entrepreneur has no influence;

12. Sealed audio, video recordings, and computer software, the seal of which was broken after delivery;

13. Newspapers, periodicals, or magazines, with the exception of subscriptions to them;

14. The delivery of digital content other than on a material carrier, but only if the execution began with the explicit prior consent of the consumer; and the consumer stated that they thereby lose their right of withdrawal.

Article 11 - The price

1. During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This bond to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or stipulations.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• they are the result of statutory regulations or stipulations; or
• the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance and extra guarantee

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

2. An extra guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur on the basis of the agreement if the entrepreneur has failed in the performance of their part of the agreement.

3. Extra guarantee means every commitment of the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what is legally required in case they fail to fulfill their part of the agreement.

Article 13 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the entrepreneur.

3. With due observance of what is stated about this in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after they placed the order. The consumer then has the right to terminate the agreement without costs and the right to possible compensation.

4. After dissolution in conformity with the preceding paragraph, the entrepreneur will promptly refund the amount that the consumer has paid.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 - Continuing performance contracts: duration, termination and extension

Termination:

1. The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

2. The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the specified term, subject to the agreed termination rules and a notice period of no more than one month.

3. The consumer may terminate the agreements mentioned in the preceding paragraphs:

• at any time and not be limited to termination at a specific time or in a specific period;
• at least terminate them in the same way as they were entered into by them;
• always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

5. Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.

6. An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

7. An agreement with limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

8. If an 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 resist termination before the end of the agreed duration.

Article 15 - Payment

1. Unless otherwise stipulated in the agreement or supplementary 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 confirmation of the agreement.

2. In the sale of products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When advance payment is stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

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

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

Article 16 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints 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 calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

4. A complaint about a product, service, or the service of the entrepreneur can also be submitted via info@365-sports.nl

5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution scheme.

Article 17 - Disputes

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

2. Disputes between the consumer and the entrepreneur regarding the creation or implementation of agreements concerning products and services to be delivered or delivered by this entrepreneur can, subject to the provisions below, be submitted to the Disputes Committee by either the consumer or the entrepreneur.

3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.

4. If the complaint does not lead to a solution, the dispute must be submitted in writing or in another form to be determined by the Committee to the Disputes Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.

5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer reports this to the entrepreneur first.

6. If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks after a written request to that effect from the entrepreneur whether they also wish to do so or whether they want to have the dispute dealt with by the competent court. If the entrepreneur does not hear the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.

7. The Disputes Committee rules under the conditions laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee take the form of binding advice.

8. The Disputes Committee will not deal with a dispute or will discontinue dealing with it if the entrepreneur has been granted a suspension of payments, has gone bankrupt, or has actually terminated their business activities before a dispute has been dealt with by the committee at a hearing and a final ruling has been given.

Article 18 - Additional or varying provisions

Additional provisions or provisions deviating 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 the consumer can store them in an accessible manner on a durable data carrier.

Article 19 - Amendment of the General Terms and Conditions 365 Sports

365 Sports will update these general terms and conditions from time to time where necessary.