180 days reflection period
Terms and Conditions
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Long-term transactions: duration, termination, and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or differing provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract regarding a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Model form: the model form for withdrawal that the entrepreneur makes available, which a consumer can fill out when he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system for distance selling of products and/or services organized by the entrepreneur, only one or more techniques for distance communication are used up to and including the conclusion of the contract;
Technique for distance communication: means that can be used to conclude a contract, without the consumer and the entrepreneur having come together in the same space simultaneously.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
RAM fighting gear
Absalon 4
1906JA Limmen
Netherlands
Phone number: 0031858881015
Email address: info@ramfightinggear.com
Chamber of Commerce number: 73544302
VAT identification number: NL002124502B98
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be consulted at the entrepreneur and that they will be sent free of charge to the consumer as quickly as possible upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partly void or are annulled, the contract and these terms and conditions shall remain in force for the remainder, and the provision in question shall be immediately replaced by mutual agreement by a provision that approximates the purport of the original as closely as possible.
Situations not regulated in these general terms and conditions should be judged ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation for damages or dissolution of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This includes in particular:
the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication means used;
whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him within the framework of the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a long-term transaction.
Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the corresponding conditions.
If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
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 to that end.
The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, providing reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the entrepreneur’s establishment where the consumer can file complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing service after purchase;
the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When delivering products:
When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for a period of 180 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 180 days after receiving the product. The consumer must do this by means of the model form or by means of another communication method such as email. After the consumer has indicated that he wants to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
When delivering services:
When delivering services, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest upon delivery.
Article 7 – Costs in case of withdrawal
The consumer bears the direct costs of returning the product.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. The condition here is that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before concluding the purchase agreement.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur according to the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer;
for hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
whose delivery has begun with the explicit consent of the consumer before the reflection period has expired;
concerning betting and lotteries.
Article 9 – 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 resulting from changes in VAT rates.
Notwithstanding 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 connection to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
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 legal regulations or provisions; or
the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal 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.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
The legal warranty applies to all products. The duration of the legal warranty can vary based on the nature of the product.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery.
The warranty does not apply if:
the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal circumstances or have been treated carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
the unsoundness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
The place of delivery is considered to be the address that the consumer has made known to the company.
Subject to what is stated about this in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to contractual damages.
All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not give the consumer the right to contractual damages.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and made known representative to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination, and extension
Termination
The consumer can terminate an agreement entered into for an indefinite period that concerns the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement entered into for a definite period that concerns the regular delivery of products (including electricity) or services at any time at the end of the definite duration, observing the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
at any time and is not limited to termination at a specific time or in a specific period;
at least in the same way as they were entered into by him;
always with the same notice period as the entrepreneur has stipulated for himself.
Extension
An agreement entered into for a definite period that concerns the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite duration.
Notwithstanding the previous paragraph, an agreement entered into for a definite period that concerns the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite duration of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period that concerns the regular delivery of products or services, may only be tacitly extended for an indefinite duration if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement concerns the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for getting acquainted (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer can terminate the agreement after one year at any time with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently well-known 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 fully and clearly described within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer should first turn to the entrepreneur. If the online store is affiliated with WebwinkelKeur and in case of complaints that cannot be resolved through mutual consultation, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this online store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the possibility to have his complaint handled by the independent disputes committee appointed by WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer is domiciled abroad.
The Vienna Sales Convention (CISG) does not apply.
Article 16 – Additional or differing provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.