These General Terms and Conditions of the Dutch Home Shopping Organisation have been drawn up in consultation with the Consumers' Association in the context of the Self-Regulation Coordination Group (CZ)
of the Social and Economic Council and will enter into force on 1 January 2012. These General Terms and Conditions will be used by all members of the Nederlandse Thuiswinkel Organisatie with the exception of financial services as referred to 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 economic operator
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 derogating provisions
Article 18 – Amendment of the general terms and conditions of Thuiswinkel
Article 19 – Events & Tickets
For the purposes of these terms and conditions, the following definitions apply:
Cooling-off 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 enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally 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 cooling-off period;
Entrepreneur: the natural or legal person who is a member of the Nederlandse Thuiswinkel Organisation and offers products and/or services to consumers at a distance;
Distance contract: an agreement in which, in the context of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;9. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
Article 2 – Identity of the economic operator
Name of entrepreneur:
Business and visiting address:
Joya Sports B.V.
Kobaltstraat 5 Almere
1362 JM ALMERE
Telephone number: +31(0)36 - 525 40 36
E-mailadres: info@joyasports.com
Chamber of Commerce number: 32131709
VAT identification number: NL819034381B01
If the entrepreneur's activity is subject to a relevant authorisation scheme: the details of the supervisory authority: If the entrepreneur pursues a regulated profession:
the professional association or organisation to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it was awarded;
a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between entrepreneur and 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, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, in derogation 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, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent by electronic means or otherwise free of charge at the request of the consumer.
4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains information in such a way that it is clear to the consumer what the rights and
obligations attached to the acceptance of the offer. This concerns in particular
Special:
the price including taxes;
any costs of delivery;
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 period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate 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 means of communication used;
whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by him in the context of the contract;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically;
the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
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 takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can – within legal frameworks – find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution, stating reasons.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
2. 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;
3. the information about warranties and existing after-sales service;
4. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
5. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
6. In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the
first delivery.
Article 6 – Right of withdrawal
Upon delivery of products:
When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
During the cooling-off 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 be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied 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.
In the case of the provision of services: In the case of the provision of services, the consumer has the option of dissolving the agreement without giving reasons for at least fourteen days, commencing on the day of the
entering into the agreement. In order to make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.
Article 7 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the maximum costs of return will be borne by him.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
which have been established by the entrepreneur in accordance with the consumer's specifications;
which are clearly personal in nature;
which, by their nature, cannot be returned;
that can spoil or age quickly;
the price of which is linked 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 where the consumer has broken the seal.
Article 9 – The price
During the period of validity stated 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.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are bound by fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This fact that the prices are subject to fluctuations and the fact that any prices quoted are indicative prices are indicated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
1. they are the result of statutory regulations or provisions; or
2. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
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 warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Article 11 – Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by 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 representative appointed in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Duration transactions: duration, termination and extension
Termination
The consumer can terminate an agreement that has been entered into for an indefinite period of time and that aims at the regular delivery of services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been entered into for a fixed period of time and that extends to the regular delivery of services, at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may conclude the contracts referred to in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or in a certain period;
at least denounce in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
An agreement that has been entered into for a fixed period of time and that is intended to provide services on a regular basis may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, an agreement that has been entered into for a fixed period of time and that aims at the regular delivery of daily, news, weekly and periodicals may be tacitly renewed for a fixed period of up to 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 that has been entered into for a fixed period and that has the purpose of the regular delivery of services may only be tacitly renewed for an indefinite period if the consumer is entitled to 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 the event that the agreement is intended to provide the arranged, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introduction (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.
Duration
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 preclude termination before the end of the agreed agreement.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days of the start of the reflection period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts to run after the consumer has received the confirmation of the contract.
When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. If payment in advance has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, complete and clearly described, 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 period of 14 days with a notification of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the website of the Dutch Home Shopping Organization www.thuiswinkel.org . The complaint is then sent to both the entrepreneur in question and to the Dutch Home Shopping Organization.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Disputes between the consumer and the entrepreneur about the formation or execution of agreements with regard to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time. \
No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wants to do so, the consumer will have to express in writing within five weeks after a written request made by the entrepreneur whether he also wishes to do so or whether he wants the dispute to be handled 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.
The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
The Disputes Committee will not deal with a dispute or will discontinue the handling if the entrepreneur has been granted a moratorium, has become bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the Committee at the hearing and a final decision has been rendered.
If, in addition to the Thuiswinkel Disputes Committee, another disputes committee recognised by the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee is exclusively competent for disputes relating mainly to the method of sales or distance services. For all other disputes, the other disputes committee recognized by SGC or Kifid.
Article 16 – Industry guarantee
The Nederlandse Thuiswinkel Organisatie guarantees that its members comply with the binding advice of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice to the court for review within two months of its being sent. This guarantee is revived if the binding opinion has been upheld after review by the court and the judgment from which this is apparent has become final. Up to a maximum amount of €10,000 per binding opinion, this amount is paid to the consumer by the Dutch Home Shopping Organization. For amounts greater than €10,000 per binding opinion, €10,000 will be paid. For the excess, the Dutch Home Shopping Organization has a best-efforts obligation to ensure that the member complies with the binding advice.
For the application of this guarantee, it is required that the consumer makes a written appeal to the Nederlandse Thuiswinkel Organisatie and that he transfers his claim against the entrepreneur to the Nederlandse Thuiswinkel Organisatie. If the claim against the entrepreneur exceeds €10,000,-, the consumer will be offered to transfer his claim insofar as it exceeds the amount of €10,000 to the Nederlandse Thuiswinkel Organisatie, after which this organization will request payment in court in its own name and at its own expense to satisfy the consumer.
Article 17 – Additional or derogating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be detrimental to the
and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner in a sustainable manner
data carrier.
Article 18 – Amendment of the general terms and conditions of Thuiswinkel
The Nederlandse Thuiswinkel Organisatie will not change these general terms and conditions without consultation with the Consumers' Association.
Changes to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favourable to the
consumer will prevail. Address Nederlandse Thuiswinkel Organisatie: P.O. Box 7001, 6710 CB Ede.
Article 19 – Events & Tickets
1. General
1.1 Tickets only give access to the event and the ticket category for which they were purchased.
1.2 By purchasing a ticket, the buyer agrees to these General Terms and Conditions.
2. Tickets
2.1 All ticket sales are final.
2.2 Tickets are non-refundable, unless Joyagear cancels the event completely and does not offer a replacement date.
2.3 Tickets are personal unless Joyagear confirms otherwise in writing.
3. Program and locations
3.1 Joyagear reserves the right to change locations, times, schedule and order of parts if necessary.
3.2 Such changes do not entitle you to a refund, compensation or dissolution of the agreement.
4. Deliverables
4.1 The content of an event, including but not limited to seminars, meet and greets, photographs, group photos, individual photos, autographs, Q&As, training components, VIP activities, duration of components and other announced deliverables, may be modified if operational circumstances, safety reasons, obligations of the athlete or other reasonable circumstances make this necessary.
4.2 If a change is necessary, Joyagear will make every effort to offer a suitable alternative where reasonably possible.
4.3 Changes to deliverables do not in themselves entitle the buyer to a full or partial refund, compensation or termination of the agreement.
5. Force majeure
5.1 Joyagear is not liable for changes, postponement or cancellation of (parts of) an event as a result of force majeure.
5.2 Force majeure includes, but is not limited to:
· illness or injury of the athlete;
· travel delays or canceled flights;
· government measures;
· safety measures;
· technical failures;
· extreme weather conditions;
· circumstances beyond the reasonable control of Joyagear.
6. Visuals
6.1 During events, photos and videos may be taken in which visitors are visible.
6.2 By participating in the event, the visitor grants permission for reasonable use of this visual material for promotional purposes of Joyagear, unless the visitor has objected in writing in advance.
7. Liability
7.1 Participation in seminars and training courses is entirely at your own risk.
7.2 Joyagear is only liable for direct damage in the event of intent or deliberate recklessness on the part of Joyagear.