Terms and Conditions - Testsforsports

Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the Business
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Obligations of the Consumer During the Reconsideration Period
Article 8 – Exercising the Right of Withdrawal by the Consumer and the Associated Costs
Article 9 – Obligations of the Business in Case of Withdrawal
Article 10 – Exclusion of Right of Withdrawal
Article 11 – The Price
Article 12 – Compliance and Extra Warranty
Article 13 – Delivery and Performance
Article 14 – Extended Duration Transactions: Duration, Cancelation, and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following terms are understood to mean:

Additional Agreement: an agreement with which the consumer acquires products, digital content,
and/or services related to a remote agreement, and these matters, digital content,
and/or services are supplied by the business or by a third party based on an
agreement between that third party and the business;
Reconsideration Period: the period of time during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act for purposes related their
trade, business, craft, or professional activity;
Day: calendar day;
Digital content: data that is produced and offered in digital form;
Extended Duration Agreement: an agreement that covers the regular supplying of items, services,
and/or digital content during a certain period;
Durable Data Carrier: any instrument – including email – that enables the consumer
or business to store information that is intended for them personally in a way
that enables the future access or use during a period that is determined by the purpose
for which the information is intended, and that enables unaltered reproduction of the stored
information;
Right of Withdrawal: the option for the consumer to withdraw from the remote agreement
within the reconsideration period;
Business: the natural or legal person who offers products (access to) digital content, and/or
remote services to consumers;
Remote Agreement: an agreement that is entered into between the business and the consumer
in the context of an organized system for remote selling of products,
digital content, and/or services, whereby use is made exclusively or
partially of one or more technologies for remote communication to conclude the agreement;
Model Form for Withdrawal: the European model form for withdrawal included in Appendix I of these
General terms and conditions. Appendix I does not have to be provided if the
consumer has no right of withdrawal regarding their order;
Technology for Remote Communication: instrument that can be used for entering into
an agreement, without the consumer and business representative being in the same room
at the same time.

Article 2 – Identity of the Business

Sporttesten – Part of Wabblo
Email address: info@sporttesten.nl
Chamber of Commerce Number: 56825196

Article 3 – Applicability

These general terms and conditions apply to any offer by the business and to any
agreement entered into between the business and consumer.
Before the remote agreement is entered into, the text of these general
terms and conditions will be made available to the consumer. In the event that this is not reasonably possible,
the business will, before the remote agreement is entered into, indicate in which way the
general terms and conditions can be accessed at the business and that they will be sent to the consumer at their request
as soon as possible and at no cost.
In the event that the remote agreement is entered into electronically, it is possible that, in deviation from the previous paragraph
and before the remote agreement is entered into, the text of these general terms and conditions
are made available to the consumer electronically in such a way that
these can easily be stored by the consumer on a durable
data carrier. In the event that this is not reasonably possible, it will be indicated before the remote agreement
is entered into, where the general terms and conditions can be accessed electronically
and that they will be sent to the consumer at their request by electronic means
or in another way at no cost.
In the event that, in addition to these general terms and conditions, specific product
or service terms and conditions also apply, the second and third paragraph of the same
will apply, and, in the event of conflicting conditions, consumer can always invoke
the applicable provision that is most beneficial for them.

Article 4 – The Offer

If the offer has a limited validity duration or is made under certain conditions, this will be
clearly stated in the offer.
The offer contains a complete and accurate description of the products,
digital content, and/or services being offered. The description is sufficiently detailed for the consumer
to be able to make a proper assessment. If the business uses
images, they will be truthful representations of the products,
services, and/or digital content being offered. Obvious mistakes or obvious errors in the
offer do not bind the business.
Each offer contains the necessary information to make it clear to the consumer what the rights
and obligations are that come with accepting the offer.

Article 5 – The Agreement

The agreement will, without prejudice to the provisions in paragraph 4, be entered into at the moment
the consumer accepts the offer, and when the conditions set for it
are met.
If the consumer has accepted the offer electronically, the business
will confirm the reception of the acceptance of the offer by electronic means without delay. As long as the
reception of this acceptance has not been confirmed by the business, the consumer may dissolve
the agreement.
If the agreement is entered into electronically, the business will take appropriate technical and
organizational measures to secure the electronic transfer of data and they will provide
a safe online environment. If the consumer has the option of paying electronically, the business
will observe appropriate security measures in this regard.
Within legal frameworks, the business can determine whether the consumer is able
to meet their payment obligations, as well as any facts and factors that are important for
entering into a remote agreement with due consideration. If the business has good reasons not to
enter into the agreement based on this investigation, they have the right to,
while providing motivation, refuse an order or request or attach special conditions to the performance
thereof.
No later than at the delivery of the product, service, or digital content will the business
send the following information to the consumer, in writing or in such a way that these can be stored
in an accessible way on a durable data carrier:
a. the email address of the business where the consumer can submit complaints;
b. the conditions under which the consumer can exercise the right of withdrawal,
or a clear notification regarding the right of withdrawal being
excluded;
c. the information about warranties and existing service after purchase;
d. the price, including all taxes, of the product, service, or digital content; insofar as
applicable, the costs of the delivery; and the method of payment, delivery, or performance of
the remote agreement;
e. the requirements for cancelation of the agreement in the event the agreement has a duration of
over one year or is of unspecified duration;
f. if the consumer has right of withdrawal, the model form for withdrawal.
In the event of an extended duration transaction, the provision in the preceding paragraph only applies to the first
delivery.

Article 6 – Right of Withdrawal

For products:

1. The consumer can dissolve an agreement related to the purchase of a product
  without stating a reason during a reconsideration period of at least 14 days. The business may
  ask the consumer about the reason for withdrawal, but may not obligate them to state their
  reason(s).

The reconsideration period mentioned in paragraph 1 starts on the day after the consumer, or the
third party previously appointed by the consumer, who is not the transporter, has received the product, or:
a. if the consumer has ordered multiple products in a single order: the day on which the
consumer, or a third party appointed by them, has received the final product. The
business may, provided they have clearly informed the consumer of this prior to the ordering process,
refuse an order consisting of multiple products with different
delivery times.
b. if the delivery of a product consists of multiple shipments or parts: the day
on which the consumer, or a third party appointed by them, has received the final shipment or the final
part;
c. for agreements for regular deliveries of products during a specified period:
the day on which the consumer, or a third party appointed by them, has received the first
product.

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

The consumer can dissolve a service agreement and an agreement for the delivery of digital
content that is not supplied on a physical carrier during a period of at least 14 days without
stating reasons. The business may ask the consumer for the reason of the withdrawal,
but may not obligate them to state their reason(s).
The reconsideration period mentioned in paragraph 3 starts on the day following the entering into of the agreement.
Extended reconsideration time for products, services, and digital content that is not supplied on a physical carrier
in the event of not informing about right of withdrawal:
If the business has not provided the consumer with the legally required information about the right of withdrawal or
the model form for withdrawal, the reconsideration period expires twelve months
after the original reconsideration period in accordance with the previous paragraphs of this article
ends.
If the business has provided the information intended in the previous paragraph
within twelve months after the original reconsideration period started, the reconsideration period
will expire 14 days after the date on which the consumer has received said information.

Article 7 – Obligations of the Consumer During the Reconsideration Period

During the reconsideration period, the consumer will handle the product and packaging with care. They
will only unpack or use the product to the extent that is necessary to determine the nature, characteristics,
and the operation of the product. The principle here is that the consumer may only handle and inspect the product
as they would in a store.
The consumer is solely responsible for any reduction in value of the product that is the result
of a way of handling the product that goes beyond that what is permitted in paragraph 1.
The consumers is not liable for reduction in value of the product if the business
did not provide them with all required information about the right of withdrawal when
entering into the agreement

Article 8 – Exercising the Right of Withdrawal by the Consumer and the Associated Costs

If the consumer uses their right of withdrawal, they will notify the business of this within the reconsideration period
by using the model form for withdrawal or in another unambiguous
way.
2. As soon as possible, but within 14 days starting on the day following the notification as meant in paragraph 1,
the consumer will return the product, or hand it over to (an authorized representative of) the
business. This is not necessary if the business has offered to come collect the product. The
consumer has in any case observed the return period if they return the product
before the reconsideration period expires.
3. The consumer will return the product with all included accessories, if reasonably possible
in the original state and packaging, and in accordance with the reasonable and clear instructions provided by
the business.
4. The risk and burden of proof for the correct and timely exercising of the right of withdrawal lies with the
consumer.
5. The consumer bears the direct costs for returning the product. If the
business has not indicated that the consumer must bear these costs or if the business
indicates to bear the costs itself, the consumer will not have to bear the costs for the return shipment.
6. The consumer does not bear costs for the full or partial delivery of digital content not supplied on a
physical carrier, if:
a. they have not expressly agreed in advance to start the
performance of the agreement before the end of the reconsideration period;
b. they have not acknowledged losing their right of withdrawal when giving their permission; or
c. the business has failed to confirm this statement by the consumer.
7. If the consumer uses their right of withdrawal, all additional
agreements will be dissolved by operation of law.

Article 9 – Obligations of the Business in Case of Withdrawal

If the business makes the notification of withdrawal by the consumer in an electronic manner possible,
they will send a confirmation after receiving this message without delay.
The business will reimburse all payments by the consumer, including any delivery costs
charged by the business for the returned product, without delay and in any case within
14 days following the date on which the consumer has notified them of the withdrawal. Unless the
business offers to come pick up the product itself, they may wait with the refund until they
have received the product or until the consumer proves that they have returned the product,
depending on what date comes first.
The business will use the same method of payment for the refund that the consumer has used,
unless the consumer agrees to another method. The refund payment has no costs for the
consumer.
If the consumer has chosen a more expensive delivery method than the cheapest
standard delivery, the business does not have to refund the additional costs for the
more expensive method.

Article 10 – Exclusion of Right of Withdrawal

The business may exclude the following products and services from the right of withdrawal, but
only if the business has clearly indicated this with the offer, or in any case before entering into
the agreement:

Products or services for which the price is linked to fluctuations on the financial market
on which the business has no influence and that may occur within the withdrawal
period;
Agreements that were entered into during a public auction. A public auction is understood to mean
a method of sale in which products, digital content, and/or services are offered by the
business to the consumer who is present in person or is given the opportunity
to be personally present at the auction, led by an auctioneer, and in which
the successful bidder is obligated to buy the products, digital content, and/or services;
Service agreements, after full performance of the service, but only when:
a. the performance started with express prior permission from the consumer; and
b. the consumer has declared that they will lose their right of withdrawal as soon as the business has fully
performed the agreement;
Package trips as meant in article 7:500 of the Dutch Civil Code and agreements for passenger transportation;
Service agreements for the making available of accommodation, if
a certain date or period for the performance has been included in the agreement and not for purposes of residence,
transportation of goods, car rental services, and catering;
Agreements related to recreation, if
a certain date or period for the performance of that has been included in the agreement;
Products manufactured according to specifications from the consumer, that were not pre-fabricated and
which are manufactured based on an individual choice or decision by the consumer, or which
are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for returns for reasons of health protection or hygiene
and of which the seal was broken after delivery;
Products that have been irrevocably mixed with other products after their delivery;
Alcoholic beverages of which the price was agreed when entering into the agreement,
but for which the delivery can only take place after 30 days, and of which the true value
depends on fluctuations in the market on which the business has no influence;
Sealed audio and video recordings and computer programs of which the seal
was broken after delivery;
Newspapers, periodicals, or magazines, with the exceptions of subscriptions for them;
The delivery of digital content other than on a physical carrier, but only if:
a. the performance started with express prior permission from the consumer; and
b. the consumer has declared that they will lose their right of withdrawal as a result.

Article 11 – The Price

During the validity period mentioned in the offer, the prices of the offered
products and/or services will not be raised, except for price changes as a result of changes in
VAT rates.
In deviation to the previous paragraph, the business may offer products or services of which the prices
are linked to fluctuations on the financial market and on which the business
has no influence with variable prices. This link to fluctuations and the fact that
any mentioned prices are indicative prices is mentioned in the offer.
Price increases within three months after entering into the agreement are only
allowed if they are the result of legal regulations or provisions.
Price increases from three months after entering into the agreement are only
allowed if the business has stipulated this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement effective on the date on which
the price increase goes into effect.
The prices mentioned in the offer of products or services include VAT.

Article 12 – Compliance and Extra Warranty

The business guarantees that the products and/or services meet the agreement, the
specifications mentioned in the offer, reasonable requirements of adequacy and/or usability,
and the existing legal provisions and/or government regulations existing on the date
the agreement is entered into. If agreed, the business also guarantees that
the product is suitable for use other than regular us.
An additional warranty offered by the business, its supplier, manufacturer, or importer
never limits the legal rights and claims that the consumer may invoke against the business
based on the agreement if the business did not sufficiently meet
its part of the agreement.
Additional warranty is understood to mean any commitment from the business, its supplier,
importer, or producer, in which it grands certain rights or claims to the consumer that
go beyond what they are legally required to offer if it did not sufficiently meet
its part of the agreement.

Article 13 – Delivery and Performance

The business will take the greatest possible care when receiving
and carrying out orders of products and when assessing requests to
provide services.
The delivery address is the address that the consumer has indicated to the
business.
While observing what has been mentioned regarding this in article 4 of these general terms and conditions,
the business will carry out accepted orders with competent hurry yet within 30 days,
unless another delivery time has been agreed. If the delivery experiences a delay,
or if a delivery cannot or can only partly be carried out,
the consumer will be informed of this no later than 30 days after they place the order. In
such an event, the consumer has the right to dissolve the agreement at no cost and will be entitled
to possible reimbursement for damages.
After dissolution in accordance with the previous paragraph, the business will refund the amount that the consumer has paid
without delay.
The risk of damage and/or loss of the products is borne by the business until the
moment of delivery to the consumer or a representative that has been appointed in advance
and who has been announced to the business, unless expressly agreed otherwise.

Article 14 – Extended Duration Transactions: Duration, Cancelation, and Renewal

Cancelation:

1. The consumer can cancel an agreement that has been entered into for an unspecified period and that entails
  the regular delivery of products (including electricity) or services, at all times,
  while observing the agreed rules for cancelation and a notice period of
  no more than one month.
2. The consumer can cancel an agreement that has been entered into for a specified period and that entails
  the regular delivery of products (including electricity) or services, at all times close
  to the end of the specified period, while observing the agreed rules for cancelation
  and a notice period of no more than one month.
3. Regarding the agreements mentioned in the previous paragraphs, the consumer can:
  – cancel them at all times and not be limited to cancelation at a certain time or during a
  certain period;
  – at least cancel them in the same way as they were entered into by them;
  – always cancel them with the same notice period as the business has stipulated for itself.

Renewal:

1. An agreement that has been entered into for a specified period and that entails the regular delivery of
  products (including electricity) or services, may not be tacitly renewed or be
  renewed for a specified period.
2. In deviation of the previous paragraph, an agreement that was entered into for a specified period and that
  entails the regular delivery of daily newspapers, weekly periodicals, and magazines may be tacitly
  renewed for a specified period of no more than three months, if the consumer
  can cancel this renewed agreement at the end of the renewal with a notice period
  of no more than one month.
3. An agreement that has been entered into for a limited time and that entails the regular delivery of
  products or services, may only be renewed tacitly for an unspecified period if the
  consumer can cancel at any time with a notice period of no more than one month. The
  notice period is up to three months if the agreement entails regular deliveries, but
  less than once a month for daily newspapers, weekly periodicals, and magazines.
4. An agreement with a limited duration to the regular delivery of daily newspapers,
  periodicals, and magazines for the purposes of introduction (trial or introductory subscription) will not
  be tacitly renewed and will end automatically after the trial or introductory period ends.

Duration:

If the duration of the agreement is longer than a year, the consumer may
cancel the agreement at all times after a year, while observing a notice period of no more than one month, unless
reasonableness and fairness argue against termination before the agreed
period us up.

Article 15 – Payment

Insofar as payment is not determined differently in the agreement or the additional terms and conditions,
the amounts owed by the consumer need to be paid within 14 days after the
reconsideration period starts, or if there is no reconsideration period, within 14 days after entering into the
agreement. In the case of an agreement to provide a service, this period starts
on the day that the consumer has received confirmation of the agreement.
For the sale of products to consumers, the general terms and conditions may never oblige the consumer
to make a down payment of over 50%. When a down payment has been
stipulated, the consumer can invoke no right regarding the carrying out of the
order or service(s) in question before the stipulated down payment
has been made.
The consumer is obligated to report inaccuracies in provided or reported payment details
to the business without delay.
If the consumer does not meet their payment obligation(s) in time, they will, after the business has notified them
of the late payment and the business has given the consumer a period of 14
days to still meet their payment obligations, and payment does not take place
within this 14-day period, owe legal interest over the owed amount,
and the business will have the right to charge any extralegal
collection costs incurred by them. These collection costs are at most: 15% of
outstanding amounts up to € 2,500; 10% of the following € 2,500 and 5% of the
following € 5,000 with a minimum of € 40. The business may deviate
from the mentioned amounts and percentages if it benefits the consumer.

Article 16 – Complaints Procedure

The business has a sufficiently announced complaints procedure and will handle the
complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement will have to be submitted within an appropriate period of time after the
consumer has identified the defects, with a full and clear description, to
the business.
Complaints submitted to the business will be answered within a period of 14 days
starting from the date it is received. If the complaint requires a foreseeably longer processing time,
the business will respond within the 14-day period with a message confirming
reception and an indication when the consumer can expect a more detailed answer.
The consumer in any event has to give the business four weeks to resolve the complaint
in mutual consultation. After this period, a dispute will arise that is eligible
for the dispute procedure.

Article 17 – Disputes

The agreements between the business and the consumer to which these general terms and conditions apply
are exclusively governed by Dutch law.

Article 18 – Additional or Deviating Provisions

Additional provisions or provisions that deviate from these general terms and conditions may not disadvantage
the consumer and have to be recorded in writing or in such a way that they
can be easily accessed by the consumer to be stored on a durable
data carrier.