GENERAL TERMS AND CONDITIONS
of the Dutch Thuiswinkel Organization
These General Terms and Conditions of the Dutch Thuiswinkel Organization have been established in consultation with the Dutch Consumers’ Association within the framework of the Self-Regulation Coordination Group of the Social and Economic Council and take effect as of 1 January 2012.
These General Terms and Conditions shall be used by all members of the Dutch Thuiswinkel Organization, with the exception of financial services as defined in the Financial Supervision Act and insofar as these services are supervised by the Dutch Authority for the Financial Markets.
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 – Duration Transactions: Duration, Termination and Extension
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Industry Guarantee
Article 17 – Additional or Deviating Provisions
Article 18 – Amendments to the Thuiswinkel General Terms
Article 1 – Definitions
Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance agreement with the entrepreneur.
Day: calendar day.
Duration transaction: a distance agreement relating to 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 them in a way that allows future consultation and unchanged reproduction.
Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period.
Entrepreneur: the natural or legal person who is a member of the Dutch Thuiswinkel Organization and offers products and/or services at a distance to consumers.
Distance agreement: an agreement concluded within the framework of an organized system for distance selling using one or more means of distance communication.
Means of distance communication: a method used for concluding an agreement without the consumer and entrepreneur being simultaneously present in the same place.
Article 2 – Identity of the Entrepreneur
Name: Joya Sports B.V.
Registered address:
Kobaltstraat 5
1362JM Almere
Netherlands
Phone: +31(0)36 525 40 36
Email: info@joyasports.com
Chamber of Commerce number: 32131709
VAT number: NL819034381B01
Article 3 – Applicability
These general terms apply to every offer made by the entrepreneur and to every distance agreement concluded between entrepreneur and consumer.
Before concluding the agreement, the text of these terms will be made available to the consumer.
If the agreement is concluded electronically, the terms may be made available electronically in such a way that the consumer can store them on a durable data carrier.
If specific product or service conditions also apply, the consumer may always invoke the provision most favorable to them in the event of conflicting conditions.
Article 4 – The Offer
If an offer has a limited validity or is subject to conditions, this will be explicitly stated.
The offer contains a complete and accurate description of the products and/or services. Obvious errors do not bind the entrepreneur.
The offer clearly states:
• the price including taxes
• delivery costs
• method of payment and delivery
• whether the right of withdrawal applies
• duration of the offer
• method of agreement formation
• archiving method
• languages available
• applicable codes of conduct
Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and fulfills the stated conditions.
The entrepreneur confirms electronic acceptance without delay.
The entrepreneur may assess whether the consumer can meet payment obligations and may refuse orders with justified reasons.
The entrepreneur provides the consumer with:
• contact address for complaints
• information on withdrawal rights
• warranty information
• termination conditions for duration agreements
Article 6 – Right of Withdrawal
For products:
The consumer may cancel the agreement within 14 days without stating reasons. The period begins the day after receipt.
The consumer must handle the product carefully and return it in original condition if possible.
For services:
The consumer may cancel within at least 14 days from conclusion of the agreement.
Article 7 – Costs in Case of Withdrawal
Return shipping costs are borne by the consumer.
Refunds will be made within 30 days after withdrawal.
Article 8 – Exclusion of the Right of Withdrawal
Exclusion is possible only if clearly stated in the offer.
Exclusion applies to:
• custom-made products
• personal products
• products that cannot be returned
• perishable goods
• price-fluctuation products
• newspapers and magazines
• opened audio/video/software products
Article 9 – The Price
Prices will not increase during the validity period unless due to VAT changes.
Prices include VAT.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that products comply with the agreement and legal requirements.
Manufacturer warranties do not affect statutory rights.
Article 11 – Delivery and Execution
Delivery will take place within 30 days unless otherwise agreed.
If delivery is delayed, the consumer may cancel free of charge.
Risk transfers upon delivery.
Article 12 – Duration Transactions
Consumers may terminate agreements with notice of at most one month.
Automatic renewal rules apply as defined by law.
Article 13 – Payment
Payment must be made within 14 days unless otherwise agreed.
Advance payment may not exceed 50%.
Article 14 – Complaints Procedure
Complaints must be submitted within reasonable time.
The entrepreneur responds within 14 days.
Article 15 – Disputes
Dutch law applies.
Disputes may be submitted to the Thuiswinkel Disputes Committee.
Article 16 – Industry Guarantee
The Dutch Thuiswinkel Organization guarantees compliance with binding advice up to €10,000 per decision.
Article 17 – Additional or Deviating Provisions
Additional provisions may not be to the detriment of the consumer.
Additional provision for events and tickets
For the purchase of tickets for events with a fixed date or period, the right of withdrawal does not apply, in accordance with article 6:230p sub e of the Dutch Civil Code.
All event tickets are non-refundable.
In the event of force majeure, including but not limited to injury, illness, travel disruption, flight cancellations, governmental restrictions or circumstances beyond the control of the organizer or athlete, the event will be rescheduled to a new date.
Purchased tickets remain valid for the rescheduled date. No refunds will be issued.
Article 18 – Amendments
The Dutch Thuiswinkel Organization may amend these terms only in consultation with the Consumers’ Association.