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 the event 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 - Extended transactions: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaint procedure

Article 15 - Disputes

Article 16 - Additional or alternative provisions

 

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meaning:

 

  1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who is not acting in the capacity of a profession or business and enters into a remote agreement with the entrepreneur;
  3. Day: calendar day;
  4. Extended transaction : a remote agreement relating to a series of products and/or services, for which the obligation to supply and/or purchase is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the remote agreement within the cooling-off period;
  7. Concept form: the concept withdrawal form which the entrepreneur makes available and which a consumer can complete if he wishes to make use of his right of withdrawal.
  8. Entrepreneur: the natural person or legal entity who offers products and/or services to consumers remotely;
  9. Remote agreement: an agreement whereby sole use is made of one or more technologies for remote communication within the framework of a system organised by the entrepreneur for the remote sale of products and/or services, up to and including the moment that the agreement is concluded;
  10. Technology for remote communication: tool that can be used for concluding an agreement, without the consumer and the entrepreneur being together in the same room at the same time.
  11. General Terms and Conditionsthe present General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

Alexander Chen

(+31) 647101003

E-mail address: support@brightsport.com

Chamber of Commerce number: 77230132

VAT identification number: NL003165032B96

 

If the entrepreneur is engaged in 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 has been awarded;
  • a reference to the professional rules applicable in the Netherlands and instructions where and how these professional rules can be accessed.

 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every remote agreement and order that is concluded between the entrepreneur and the consumer.
  2. Before the remote agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for review at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
  3. If the remote agreement is concluded electronically, then, contrary to the previous paragraph, and before the remote agreement is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to concluding the remote agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply in the same manner and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
  5. If one or more provisions in these general terms and conditions are void or annulled in part or in full at any time, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be replaced without delay, in mutual consultation, by a provision that approximates the meaning of the original provision as closely as possible.
  6. Situations not regulated by these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions.
  7. Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these terms and conditions.

 

Article 4 - The offer

  1. If an offer is valid for a limited period or is made subject to conditions, this shall be expressly stated in the offer.
  2. The offer is without any obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  5. Images of products are a true reflection of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • any shipment costs;
    • the way in which the agreement will be concluded and what actions are required for this;
    • whether the right of withdrawal is applicable or not;
    • the method of payment, delivery and execution of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the rate for remote communication if the costs of using the technology for remote communication are calculated based on another basis than the regular basic rate for the means of communication used;
  • whether the agreement is archived after it has been concluded and, if so, in what way it can be reviewed by the consumer;
  • the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it;
  • any other languages besides Dutch in which the agreement may be concluded;
  • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can review these codes of conduct electronically; and
  • the minimum duration of the remote agreement in case of an extended transaction.
  • Optional: available sizes, colours, type of materials.

 

 

 

 

Article 5 - The Agreement

  1. The agreement comes into effect, subject to the provisions in paragraph 4, when the consumer accepts the offer and fulfils the conditions set out therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the 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 dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures for this.
  4. The entrepreneur can - within the legal frameworks - acquaint himself with the ability of the consumer to meet his payment obligations, as well as with all those facts and factors that are important for a sound conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or inquiry with specification of reasons or to attach special conditions to the execution thereof.
  5. The entrepreneur will include the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
  6. the visiting address of the entrepreneur's business location where the consumer can file complaints;
  7. the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
  8. the information on guarantees and existing after-sales services;
  9. the data included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with this data before the execution of the agreement;
  10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  11. In the event of an extended transaction, the provisions in the previous paragraph shall apply only to the first delivery.
  12. Every agreement is concluded under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

When delivering products:

  1. When purchasing products, the consumer has the possibility of dissolving the agreement, without giving reasons, during a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.
  2. 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 judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.
  3. When the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must use the concept form for this. After the consumer has made known that he wishes 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 on time, for example by means of a proof of shipment.
  4. If, after the periods specified in paragraphs 2 and 3 have expired, the customer has not made known his intention to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

When providing services:

  1. When providing services, the consumer has the option of dissolving the agreement without giving reasons for a period of at least 30 days, starting on the day of concluding the agreement.
  2. To exercise his right of withdrawal, the consumer will follow 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 the event of withdrawal

  1. If the consumer exercises his right of withdrawal, he shall bear no more than the cost of returning the goods.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received by the web retailer or conclusive evidence of the complete return can be provided. The refund will be made via the same payment method used by the consumer, unless the consumer explicitly agrees to a different payment method.
  3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in the value of the product.
  4. The consumer cannot be held liable for any reduction in the value of the product if the entrepreneur has not provided all the information required by law regarding the right of withdrawal; this must be done prior to concluding the purchase agreement.

 

 

Article 8 - Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer from the right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. that have been made by the entrepreneur according to the specifications of the consumer;
  4. which clearly have a personal nature;
  5. which cannot be returned due to their nature;
  6. which may deteriorate or age rapidly;
  7. which price is subject to fluctuations in the financial market over which the entrepreneur has no control;
  8. for individual newspapers and magazines;
  9. for audio and video recordings and computer software of which the consumer has broken the seal.
  10. for hygienic products of which the consumer has broken the seal.
  11. Exclusion of the right of withdrawal is only possible for services:
  12. concerning accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period;
  13. of which the delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
  14. regarding betting and lotteries.

 

 

Article 9 - The price

  1. During the validity period mentioned 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 that are beyond the Entrepreneur's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be stated in the offer.
  3. Price increases within 3 months after concluding the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after concluding the agreement are only allowed if the entrepreneur has stipulated it and:
  5. they are the result of statutory regulations or provisions; or
  6. the consumer is authorised to terminate the agreement on the day on which the price increase takes effect.
  7. The prices of products or services mentioned in the offer are including VAT.
  8. All prices are subject to misprints and typesetting errors. No liability will be accepted for the consequences of misprints and typesetting errors. In the event of misprints and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 10 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement.
  3. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 4 weeks after the delivery. The products must be returned in their original packaging and in new condition.
  4. The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
  • The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
  • The inadequacy is wholly or partially the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.

 

Article 11 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and carrying out orders for products and when assessing inquiries for the provision of services.
  2. The place of delivery is the address which the consumer has specified to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but not later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be executed or can only be executed partially, the consumer shall be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates stated. Exceeding a period does not entitle the consumer to compensation.
  5. 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 14 days after dissolution.
  6. If the delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be reported in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The cost of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless explicitly agreed otherwise.

 

Article 12 - Extended transactions: duration, termination and renewal

Termination

  1. The consumer may terminate an agreement for an indefinite period that was concluded for 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 a fixed-term agreement that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements referred to in the previous paragraphs:
  • at any time and shall not be limited to termination at a specific time or during a specific period;
  • at least in the same manner as they were concluded by him;
  • with the same notice period that the entrepreneur has stipulated for himself.

Renewal

  1. A fixed-term agreement, that was concluded for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
  2. Contrary to the previous paragraph, a fixed-term agreement that was concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer has the right to terminate this renewed agreement at the end of the renewal period, with a notice period of no more than one month.
  3. A fixed-term agreement that was concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer has at all times got the right to terminate, with a notice period of no more than one month and a notice period of no more than three months if the agreement is for the regularly delivery of daily or weekly newspapers or magazines, but less than once a month.
  4. An agreement with a limited duration for the regular delivery, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall terminate automatically at the end of the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may after one year terminate at any time with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

 

Article 13 - Payment

  1. As far as nothing else has been agreed, amounts payable by the consumer should be paid within 7 working days after the start of the cooling-off period, as referred to in article 6, paragraph 1. In case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
  3. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.

 

Article 14 - Complaint procedure

  1. The entrepreneur has a sufficiently published complaint procedure and deals with the complaint in accordance with this complaint procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has noticed the defects.
  3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within a period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
  5. In case of complaints, a consumer should first turn to the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), they will mediate free of charge. Check whether this shop has a current membership via https://www.webwinkelkeur.nl/leden/. If this is still not solved, the consumer has the possibility to let his complaint be handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the verdict of which is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

 

Article 15 - Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
  2. The Vienna Sales Convention shall not apply.

 

Article 16 - Additional or alternative provisions

Additional provisions or provisions that deviate 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 sustainable data carrier.