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 – Continuing Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the 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;

Continuing transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligations of which are spread over time;

Durable medium: any device that enables the consumer or entrepreneur to store information addressed personally to them 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;

Model form: the model withdrawal form provided by the entrepreneur that the consumer can fill out if they wish to exercise their right of withdrawal;

Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same place;

General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Track and Trades B.V.
Radioweg 15c
6732 EK Harskamp

Email: info@trackandtrades.com
Chamber of Commerce (KvK) number: 95606815

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate how the General Terms and Conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then, contrary to 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 the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated where the General Terms and Conditions can be accessed electronically before the contract is concluded, and that they will be sent free of charge, either electronically or otherwise, at the consumer’s request.

In the event that specific product or service conditions apply in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting terms.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or annulled, the remainder of the agreement and these terms shall remain in force, and the relevant provision shall be replaced by mutual agreement as soon as possible by a provision that approximates the intent of the original provision as closely as possible.

Situations not provided for in these General Terms and Conditions shall be assessed “in the spirit” of these General Terms and Conditions.

Ambiguities regarding the interpretation or content of one or more provisions of these General Terms and Conditions must 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 shall be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and amend 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 shall be a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly with the actual colors of the products.

Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to acceptance of the offer. This particularly concerns:

the price including taxes;

any delivery costs;

the method of concluding the agreement and which actions are required;

whether or not the right of withdrawal applies;

the method of payment, delivery, and performance of the agreement;

the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

the rate for distance communication if the cost of using the distance communication technique is calculated on a basis other than the regular basic rate of 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 agreement, can check the data provided by them and, if desired, correct them;

any other languages in which, besides 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 electronically; and

the minimum duration of the distance contract in case of a continuing transaction.
Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set forth therein.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm 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.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

The entrepreneur may, within legal frameworks, obtain information on whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

The entrepreneur shall send the following information to the consumer 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 medium:

the visiting address of the entrepreneur’s business establishment where the consumer can lodge complaints;

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;

information on warranties and existing after-sales service;

the data referred to in Article 4(3) of these conditions, unless the entrepreneur has already provided these to the consumer before the performance of the agreement; and

the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into subject to sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For delivery of products:

When purchasing products, the consumer has the right to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, has received the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to retain the product. If they exercise the right of withdrawal, the consumer shall return the product with all supplied 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.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. Notification must be made using the model form. After the consumer has indicated that they wish to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by providing proof of shipment.

If the consumer has not indicated within the periods referred to in paragraphs 2 and 3 that they wish to exercise the right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

For delivery of services:
5. In the case of service provision, the consumer has the right to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement was concluded.
6. To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of return shipment shall be borne by the consumer at most.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for the products and services described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the entrepreneur clearly stated this in the offer, or at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

produced by the entrepreneur according to consumer specifications;

clearly of a personal nature;

which by their nature cannot be returned;

which can spoil or age quickly;

whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;

newspapers and magazines supplied individually;

audio and video recordings and computer software of which the consumer has broken the seal;

hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;

that have begun with the consumer’s express consent before the cooling-off period has expired;

concerning betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Contrary to 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, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices shall be stated 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 permitted if the entrepreneur has stipulated this and:

they are the result of statutory 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 typographical errors. No liability shall be accepted for the consequences of printing and typographical errors. In case of printing and typographical 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, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty 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.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

the delivered products have been exposed to abnormal conditions or otherwise treated carelessly, or contrary to the entrepreneur’s instructions and/or those on the packaging;

the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall 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 paragraph 4 of this article, the company shall 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 or can only partially be carried out, the consumer shall be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to any compensation.

All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.

In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For 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 previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which extends to 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.

The consumer may terminate an agreement entered into for a fixed term and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and not be limited to termination at a specific time or during a specific period;

at least in the same way as they were concluded by the consumer;

always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
4. An agreement entered into for a fixed term and which extends to the regular delivery of products or services may not be tacitly renewed or extended for a fixed term.
5. Notwithstanding the previous paragraph, an agreement entered into for a fixed term and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a fixed term and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it 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 extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
7. A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration
8. 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 oppose 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 cooling-off period referred to in Article 6(1). In the case of a service agreement, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in the provided or stated payment details to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall reply within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

Complaints must first be submitted to the entrepreneur.

Consumers may also submit complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their option, 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, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating 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 they can be stored by the consumer in an accessible manner on a durable medium.