Terms and conditions
Table of contents:
Article 1 – Definitions
Article 2 – The Company’s identity
Article 3 – Applicability
Article 4 – The offer
Article 5 – The distance agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and the costs involved
Article 9 – Obligations of the Company in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance/fulfilment and additional or extended warranty
Article 13 – Delivery and performance/execution
Article 14 – Continuing performance agreements: term, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or derogating provisions
Article 1 – Definitions
In these Terms and Conditions, the following terms shall be understood as follows:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services pursuant to a distance agreement and these products, digital content and/or services will be delivered by the Company or by a third party based on an understanding between this third party and the Company;
- Reflection period: the time period within which the consumer has the right to exercise his right of withdrawal;
- Consumer: the private person who does not act for purposes relating to his trade, business, craft or professional activities;
- Day: calendar day;
- Digital content: data which are produced and supplied in digital form;
- Continuing performance agreement: an agreement which entails periodical delivery of products, services and/or digital content during a certain period of time;
- Durable medium: any device - including but not limited to e-mail - which enables the consumer or the Company to store information which is specifically addressed to respectively him or it, in a way that allows the consumer or the Company to access/review or use this information during a certain period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the reflection period;
- Company: Global Champions Tour B.V., which offers products, (access to) digital content and/or services to consumers;
- Distance agreement: an agreement between the Company and the consumer which is concluded in the framework of an organized system for distance agreement regarding the sale of products, digital content and/or services, whereby, solely or partially, one or more means of distance communication have been used up to and including the conclusion of the agreement;
- Standard withdrawal form: the European standard withdrawal form mentioned in Annex I of these Terms and Conditions. Annex I does not have to be provided if the consumer does not have a right of withdrawal regarding his order;
- Technology for distance communication: means that can be used to conclude an agreement, without the need that the consumer and the Company have to be present in the same physical location/room at the same time.
Article 2: The Company’s identity
Global Champions Tour B.V.
5556 VB Valkenswaard
Phone: +31 40 206 9111
E-mail: [email protected]
Number Dutch Chamber of Commerce: 14084197
VAT-number: NL 814314855B01.
Article 3: Applicability
- These Terms and Conditions apply to every offer of the Company and any distance agreement between the Company and the consumer.
- Before concluding a distance agreement, the wording of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the conclusion of the distance agreement, the Company will inform the consumer how the Terms and Conditions can be read/inspected and that these will be sent as soon as possible at the request of the consumer, free of charge.
- Notwithstanding the previous paragraph and before the distance agreement will be concluded, if the distance agreement is concluded electronically, the wording of these Terms and Conditions may be made available to the consumer electronically, in such a way that these can be stored by the consumer on a durable medium. If this is not reasonably possible before the distance agreement will be concluded, the consumer will be informed where the Terms and Conditions can be read/inspected electronically and that these will be sent free of charge at the request of the consumer, electronically or otherwise.
- In case that, next to these Terms and Conditions, specific product or service conditions will apply, the above second and third paragraph will correspondingly apply, and, in case of any conflicting provisions, the consumer will always have the right to claim the applicable provision which is most favourable for him.
Article 4: The offer
- If an offer has a limited period of validity or is subject to certain conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products, digital content and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. However, all images, data and specifications in the offer are indicative and will not constitute any grounds for the consumer to claim damages or rescission of the agreement. Obvious mistakes or errors in the offer are not binding for the Company.
- Each offer contains such information which clarifies to the consumer which rights and obligations are connected to the acceptance of the offer.
- The offer is non-binding. The Company has the right to modify and/or add the offer.
- If a product is out of stock, the delivery term is subject to the availability at our suppliers.
Article 5: The distance agreement
- Subject to the provisions of paragraph 4 below, the agreement will be concluded at the moment that the consumer accepted the offer and has met the conditions mentioned in the offer.
- If the consumer accepted the offer electronically, the Company will electronically confirm receipt of acceptance of the offer without delay. As long as receipt of this acceptance has not been confirmed by the Company, the consumer may rescind the agreement.
- If the agreement is concluded electronically, the Company will take appropriate technical and organizational measures to protect the electronic transfer of data and it will ensure a secure web environment. If the consumer is able to pay electronically, the Company will take adequate safety measures in this respect.
- The Company may - within legislative frameworks – examine if the consumer can meet his payment obligations and all those facts and factors which are important to a sound conclusion of the distance agreement. If, based on this examination, the Company has adequate reasons not to conclude the agreement, it is entitled to refuse the order or application, substantiating the reasons, or to lay down special conditions on the performance of the order or application.
- Ultimately upon delivery of the product, service or digital content, the Company will send the following information to the consumer in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium:
- the address of the establishment of the Company to which consumer complaints are to be addressed;
- the conditions governing and the procedures for the consumer to exercise his right of withdrawal, or a clear statement that the consumer does not have a right of withdrawal;
- the information about guarantees and after sales service;
- the price including all taxes on the product, service, or digital content; in so far as applicable, the delivery costs; and the method of payment, delivery or performance of the distance agreement;
- the requirements for cancellation of the distance agreement if the term of the agreement is more than one year or if the agreement has been concluded for an indefinite period of time;
- in case the consumer has a right of withdrawal, the standard withdrawal form.
- In case of a continuing performance agreement, the provisions of the previous paragraph only applies to the first delivery.
Article 6: Right of withdrawal
- The consumer may rescind a distance agreement regarding the purchase of a product during a withdrawal period of 14 days without stating any reasons. The Company may ask the consumer about the reason for rescission, but the Company may not oblige the consumer to state his reason(s).
- The withdrawal period referred to in paragraph 1 starts on the day after the consumer, or an up-front third party designated by the consumer, not being the carrier, received the product, or:
- If the consumer ordered more than one product in the same order: the day on which the consumer or a third party designated by him, received the last product. Provided that the Company clearly informed the consumer prior to the ordering process in a clear manner about this possibility, the Company has the right to refuse an order of more than one product with different delivery times;
- if the delivery of a product consists of multiple delivery shifts or components: the day on which the consumer or a third party designated by him, received the last delivery shift or the last component;
- in the event of an agreement regarding regular delivery of products during a certain period: the day on which the consumer or a third party designated by him received the first product.
- The consumer may rescind a service agreement and an agreement for the delivery of digital content which is not supplied on a tangible medium during a period of at least 14 days, without giving any reasons. The Company may ask the consumer about the reason for rescission, but the Company may not obligate the consumer to state his reason(s).
- The withdrawal period referred to in paragraph 3 commences on the day following the conclusion of the distance agreement.
- If the Company did not provide to the consumer the information required by law about the right of withdrawal or the standard withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period as defined in the preceding paragraphs of this Article.
- If the Company provided the consumer information referred to in the previous paragraph within twelve months after the starting date of the initial withdrawal period, the withdrawal period will expire 14 days starting from the day after the consumer received this information.
- To exercise his right of withdrawal, the consumer follow the reasonable and clear instructions of the Company, issued either at the time of the offer and/or ultimately at the time of delivery.
Regarding services and digital content which has not been not supplied on a tangible medium:
Extended withdrawal period for products, services and digital content which are not supplied on a tangible medium in case consumer has not been informed about his right of withdrawal:
Regarding all agreements of sale of products, services and digital content:
Article 7: Obligations of the consumer during the withdrawal period
- During the withdrawal period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and the operation of the product. The basic principle is that the consumer should only handle and inspect the product as he would be allowed to do in a psychical shop.
- The consumer will only be liable for the reduced value of the product which is the result of dealing with the product beyond the limits permitted in accordance with the provisions of paragraph 1.
- The consumer is not liable for the reduced value of the product if the Company has not given him all legally required information regarding the right of withdrawal before or at the conclusion of the distance agreement.
Article 8: Exercise of the right of withdrawal by the consumer and the costs involved
- If the consumer exercises his right of withdrawal, he will notify this to the Company within the withdrawal period using the standard withdrawal form or otherwise in an unequivocal manner.
- As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer will either return the product to the Company or hand over the product to (a representative of) the Company. This does not apply if the Company has offered to collect the product. In any case, the consumer will have returned the product within the return period in case he returns the products before the withdrawal period expired.
- The consumer returns the product with all accessories, if reasonably possible in original condition and with original packaging, and in accordance with the reasonable and clear instructions provided by the Company.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal will be borne by the consumer.
- The consumer must bear the direct cost of returning the product. If the Company did not notify the consumer that the he has to bear these costs or if the Company indicates to bear the costs itself, the consumer does not have to bear the cost of return.
- The consumer does not bear any costs for the entire or partial supply of digital content that is not supplied on a material medium, if:
- prior to delivery, he did not explicitly agree to commencing fulfilment of the distance agreement before the expiry date of the withdrawal period;
- he has not acknowledged that he loses his right of withdrawal when giving his consent; or
- the Company neglected to confirm this statement of the consumer.
- If a consumer exercises his right of withdrawal, all additional agreements are rescinded automatically.
Article 9: Obligations of the Company in the event of withdrawal
- If the Company enables the consumer to report his withdrawal electronically, it will send an immediate confirmation of receipt.
- The Company reimburses all payments of the consumer, including any delivery costs charged by the Company for the returned product, without delay but at the latest within 14 days after the day on which the consumer reported the withdrawal. Unless the Company offered to collect the product itself, the Company has the right to postpone the repayment until it received the product or until the consumer has sent evidence of having sent back the product, whichever is the earliest.
- For any reimbursement, the Company will use the same means of payment that was initially used by the consumer, unless the consumer agrees to another method. The redemption is free of charge for the consumer.
- If the consumer chose a more costly method of delivery than the cheapest standard delivery, the Company does not have to repay the additional costs of the more expensive method.
Article 10: Exclusion of the right of withdrawal
The Company may exclude the following products and services from the right of withdrawal, but only if the Company clearly announced the exclusion in its offer, at least timely at the conclusion of the distance agreement:
- Service agreements, after full completion of the services, but only if:
- the performance started with the explicit prior consent of the consumer; and
- the consumer confirmed that he will lose his right of withdrawal once the distance agreement has been executed completely by the Company;
- Package travels referred to in Section 7: 500 of the Dutch Civil Code;
- Service agreements providing access to accommodation, if the agreement stipulates a certain date or period of performance and other than for the purposes of habitation, the transport of products, car rental services and catering;
- Agreements relating to leisure activities, if the agreement stipulates a certain date or period of performance;
- Products manufactured according to specifications of the consumer, which have not been prefabricated and have been produced based on a individual choice or decision of the consumer, or which are clearly personalised;
- Products which are liable to deteriorate or expire rapidly;
- Sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- Products which have, according to their nature, been inseparably mixed with other items after delivery;
- Alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the agreement, but the delivery of which can only take place after 30 days, and whereby the actual value is dependent on fluctuations in the market which cannot be controlled by the Company;
- Sealed audio and/or video recordings and computer software which have been unsleaed after delivery;
- Newspapers, periodicals or magazines, except for subscriptions regarding these items;
- The delivery of digital content other than on a tangible medium, but only if:
- the delivery commenced with the consumer’s prior express consent, and
- the consumer acknowledged that he thereby loses his right of withdrawal.
Article 11: The price
- During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes due to changes of the VAT-rates.
- Price increases within 3 months after the conclusion of the agreement are only permitted if these are the result of statutory regulations or stipulations.
- Price increases more than 3 months after the agreement has been concluded are only permitted if the Company stipulated that price increases are possible as much, and:
- these are the result of statutory regulations or stipulations; or
- the consumer is authorized to cancel the agreement with effect from the day on which the price increase will take effect.
- Prices stated in offer of products or services include VAT.
- Obvious mistakes or errors in pricing will not bind the Company.
Article 12: Performance/fulfilment of the agreement and additional or extended warranty
- The Company guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable soundness and usability and the statutory stipulations and/or government regulations which existed on the date of conclusion of the agreement. If agreed, the Company also guarantees that the product is suitable for another purpose than normal use.
- An additional or extended warranty offered by the Company, manufacturer or importer will never restrict the statutory rights and claims that a consumer may invoke against the Company based on a failure of the Company to comply with his part of the agreement.
- An additional or extended guarantee means every obligation of the Company, its supplier, importer or manufacturer which grants certain rights or claims to a consumer, beyond the regulatory obligations, in the event that the Company fails to comply with his part of the agreement.
Article 13: Delivery and performance/execution
- The Company will take the greatest possible care when receiving and executing orders of products and when assessing applications for the rendering of services.
- The place of delivery is deemed to be the address which the consumer communicated to the Company.
- With due observance of the stipulations of Article 4 of these Terms and Conditions, the Company shall execute accepted orders expeditiously but at least within 30 days, unless another delivery term has been agreed. If the delivery is subject to delays, or can not be carried out or not be carried out completely, the consumer will be informed about this within 30 days after the order was placed at the latest. In this case, the consumer has a right to rescind the agreement free of charge and a right to claim damages, if any.
- Following the rescission of the agreement pursuant of the provisions of the preceding paragraph, the Company will refund the consumer the price he paid without delay.
- The risk of damage and/or loss of products shall remain with the Company until the time that they are delivered to the consumer or a representative predesignated and communicated by the consumer, unless this has been explicitly agreed otherwise.
- Should delivery of a product ordered by the consumer prove impossible, the Company will endeavour to provide a replacement product. Ultimately at the moment of delivery, the consumer will be notified that a replacement product will be delivered in a clear and comprehensible manner. The right of withdrawal cannot be excluded regarding replacement products. The Company bears the costs of return.
Article 14: Continuing performance agreements: term, cancellation and extension
- The consumer has a right, at any time, to cancel an agreement concluded for an indefinite period of time which provides for the regular supply of products or services, subject to the agreed cancellation rules and a period of notice that does not exceed one month.
- The consumer has a right, at any time, to cancel an agreement concluded for a definite period of time which provides for the regular supply of products or services at the end of the above term, subject to the agreed cancellation rules and a period of notice that does not exceed one month.
- With respect to agreements mentioned in the preceding paragraphs, the consumer has the right to:
- cancel the agreement at all times and will not be restricted to cancel the agreement at a specific time or during a specific period;
- cancel the agreement at least in the same way as he concluded the agreement;
- always cancel the agreement subject to the same period of notice stipulated by the Company.
- An agreement concluded for a definite period of time which provides for the regular supply of products or services may not be tacitly extended or renewed for another period of time.
- Contrary to the provisions of the preceding paragraph, an agreement for a definite period of time which provides for the regular supply of daily or weekly papers, newspapers or magazines, may be automatically extended for another definite period of time that does not exceed three months, if the consumer has the right, at any time, to cancel this extended agreement towards the end of the extended term, with a period of notice that does not exceed one month.
- An agreement for a definite period of time which provides for the regular supply of products or services may only be tacitly extended for an indefinite period of time if the consumer, at any time, has the right to cancel the agreement with a period of notice that does not exceed one month. In the event of an agreement to supply daily or weekly papers, newspapers or magazines regularly but less than once per month, the notice period will not exceed three months.
- An agreement for a definite period of time which provides for the regular supply, by way of introduction, of daily or weekly papers, newspapers and magazines (trial subscriptions or introductory subscriptions) will not be tacitly extended and will automatically expire at the end of the trial period or introductory period.
- If an agreement for a definite period of time exceeds one year, the consumer has, at any time, a right to cancel the agreement with a period of notice that does not exceed one month, unless premature cancellation of the agreement is contrary to the principles of reasonableness and fairness.
Article 15: Payment
- As far as not otherwise provided in the agreement of the additional conditions, the sums payable by the consumer should be paid within 14 days after commencement of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the event of an agreement which provides for the supply of services, the payment term will start one day after the day the consumer received confirmation of the agreement.
- When selling products to consumers, the general terms and conditions of the Company may never stipulate an advance payment in excess of 50% of the purchase price. In the event that advance payment is stipulated, the consumer does not have the right to invoke any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
- The consumer is obliged to report any inaccuracies regarding payment data provided or stated, to the Company without delay.
- If a consumer fails to timely fulfil his payment obligation(s) in good time, and after the Company informed the consumer about the late payment and enables him to fulfil his payment obligation with 14 days as yet, the consumer is obliged to pay statutory interest of the outstanding invoiced amount and the Company has the right to charge reasonable extrajudicial costs of collection he incurred. These costs of collection amount to: 15% of outstanding amounts up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €50.
Article 16: Complaints procedure
- The Company shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaints procedure.
- Complaints about exercising the agreement must be submitted to the Company without delay, in their entirety and clearly defined.
- A reply to complaints submitted to the Company will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer foreseeable processing time, the consumer will receive a confirmation of receipt within 14 days and the Company will indicate when the consumer can expect a more deliberate reply.
- The consumer should provide the Company at least 4 weeks to solve the complaint in mutual consultation. After this period of time, a dispute will arise which is subject to these Terms and Conditions.
Article 17: Disputes
- Without giving effect to the Vienna Sales Convention and any Dutch rules on conflicts of (civil and any other) law, Dutch national law exclusively applies to any agreements entered into between the Company and the consumer.
- In case the consumer has its residence outside the Netherlands, the district court of Oost-Brabant, location ‘s-Hertogenbosch, the Netherlands, will be the exclusive competent district court in case of any disputes between the Company and the consumer.
- In the event that the purchaser of the product, service or digital content will be a consumer with residence outside the Netherlands, in the event that the purchaser will not be not be a consumer but a company, or in the event that the total price that the consumer has to pay, including VAT and delivery costs, does not exceed €50, the mandatory provisions as mentioned in these Terms and Conditions aiming at protection consumers will not be applicable to the distance agreement between the Company and the purchaser. In that case, amongst other things, the purchaser does not have any right of withdrawal and any guarantee of the Company regarding the product, service or digital content will only exist and be limited in so far as the Company (possibly) received this guarantee from its suppliers of this product, service or digital content. Further, in case of any disputes, the provisions of the preceding paragraph will apply. In that case, the provisions of Article 18 shall apply accordingly.
Article 18: Miscellaneous
- Additional conditions regarding or derogative conditions of these Terms and Conditions may not be to the detriment of the consumer and must be put in writing, or recorded in such a way that the consumer can store these in an accessible manner on a durable medium.
- The Company will retain the ownership of the products until the consumer has paid the full invoice amount.
- The risk of the products will transfer to the consumer upon delivery of the products to the consumer.
- The liability of the Company towards the consumer shall be limited to the amount of the purchase price. The Company shall never liable for any loss of profit, goodwill, non-pecuniary/immaterial damages or any other consequential damages.
- The consumer expressly acknowledges that all intellectual property rights of information, signs, announcements or other statements displayed in relation to the products and/or the website will vest in the Company, its affiliated companies, its suppliers or other right holders. ‘Intellectual property rights’ means registered intellectual property rights and unregistered intellectual property rights, such as but not limited to copyrights, generic rights to databases, non-patentable technical and/or commercial know-how, methods and concepts. The consumer refrains from any use that infringes the intellectual property rights mentioned in this paragraph.
Annex I: Standard withdrawal form
Standard withdrawal form (this form should only be completed and returned if you wish to withdraw from the agreement)
[company's geographical address]
[company's fax number, if available]
[company's e-mail address or electronic address]
- I/We* herewith inform you that, in respect of our agreement regarding the sale of the following products: [description of the product]*
the delivery of the following digital content: [description of the digital content]*
the supply of the following service: [description of the service]*,
I/we* exercise our right of withdrawal
- Ordered on*/received on* [date of ordering services or receipt of the products]
- [Consumer(s)' name)]
- [Consumer(s)' address]
- [Consumer(s)' signature] (only if this form is submitted paperbased)
* Delete what is not applicable or provide information where applicable.