Article 1 – Definitions
The following definitions apply in these terms and conditions:
1. Withdrawal period:the period within the consumer can make use of his right of withdrawal;
2. Consumer:the natural person whose action is not within the course of a profession or business and who enters into a distance contract with Rise Above Fear;
3. Day: calender day;
4. Extended duration contract: distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
5. Durable medium: every means that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
7. Rise Above Fear: the natural or legal person who offers products and/or services to consumers from a distance;
8. Distance contract: a contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
9. Technique for distance communication:means that can be used for concluding a contract, without the consumer and trader being in the same place at the same time.
Article 2 – Identity of Conquer Performance Wear
Rise Above Fear a Hinterlog Group Company
Uilenbaan 90 - Unit 6
2160 Wommelgem, Belgium
Email address: firstname.lastname@example.org
VAT identification number: BE 0568.819.975
Article 3 – Applicability
- These general terms and conditions apply to every offer made by Rise Above Fear and to every distance contract that is realised between Rise Above Fear and a consumer.
- Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Rise Above Fear will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at Rise Above Fear’s premise and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, by Rise Above Fear will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
- In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
- Cases where these general terms and conditions do not apply will be treated on a case-by-case basis.
- In case of confusion about these general terms and conditions it is advised to contact Rise Above Fear.
- If one or more stipulations of these terms and conditions are not valid or deemed invalid by a court, this will only refer to the specific stipulation and not on the general terms and conditions in its entirety.
Article 4 – The offer
- If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
- The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Rise Above Fear makes use of illustrations, these will be a true representation of the products and/or services being offered. Rise Above Fear is not bound by obvious errors or mistakes in the offer and is not obligated to supply these articles.
- Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
- the price, including taxes;
- any costs of delivery;
- the way in which the contract shall be concluded and which actions this will require;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and implementation of the contract;
- the period for accepting the offer or the period for which Rise Above Fear guarantees the price;
- the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the regular basic tariff for the chosen communication technique;
- if a contract is filed subsequent to its conclusion, and if so, the way in which this can be accessed by the consumer;
- the way in which the consumer can obtain information about the data he has provided for in the course of the contract, as well as the way he can rectify these before the contract is concluded;
- the languages in which, in addition to Dutch, the contract can be concluded;
- the behavioral codes to which Rise Above Fear is subject and the way in which the consumer can consult these behavioral codes electronically; and
- the minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services.
- Any illustrations used in the webshop are indicative and are in no way cause for a refund or termination of the contract.
- Illustrations of products will be a true representation of the products, but Rise Above Fear cannot guarantee that the presented colors will be an exact match of the actual colors of the products.
Article 5 – The contract
- The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled. The consumer has the option to forward- or post-pay the order.
- If the consumer has accepted the offer electronically, Rise Above Fear will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by Rise Above Fear.
- If the contract is concluded electronically, Rise Above Fear will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, Rise Above Fear will take suitable security measures.
- Rise Above Fear may obtain information - within statutory frameworks - about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives Rise Above Fear proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
- Rise Above Fear always has the right to refuse or cancel an order within 14 days after the order has been placed.
- The agreement is established under the conditions precedent of sufficient availability of the ordered product(s).
- Together with the product or service, Rise Above Fear will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
- the office address of Rise Above Fear’s location where the consumer can lodge complaints;
- the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to the exclusion of the right of withdrawal;
- information on guarantees and existing after-sales service;
- the data included in article 4, paragraph 3 of these conditions, unless Rise Above Fear has already provided the consumer with these prior to concluding the contract;
- the requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite.
- In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
- When purchasing products, a consumer has the possibility of dissolving the contract, without giving reasons, during 14 days. This period commences on the day after the product was received by the consumer or a representative previous designated by the consumer and announced to Rise Above Fear.
- During this period the consumer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to Rise Above Fear, with all associated components, and . in as far as this is reasonably possible . in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by Rise Above Fear.
- The consumer will inform Rise Above Fear if he wishes to make us of his right of withdrawal. This can be done by telephone, e-mail or via the withdrawal form with the return shipment.
- If the consumer wishes to make use of his right of withdrawal, he is obligated to announce this within 14 days after the delivery of all products. Then the customer has another 14 days to return the products.
- If the consumer does not make use of his right of withdrawal with the aforementioned period, then the purchase is a fact.
- Products can be returned to our logistics fulfilment centre. Adres is mentioned on the return form.
- When returning the product the liability rests entirely with the consumer. The consumer is responsible for a decent return, including a track&trace code.
Article 7 – Costs in case of withdrawal
- If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.
- If the consumer has paid a sum, Rise Above Fear will refund this sum as quickly as possible, though at the latest within 14 days after the goods were returned or after the withdrawal.
Article 8 – Preclusion of right of withdrawal
- Rise Above Fear can preclude the consumer from having a right of withdrawal as far is provided for in paragraph 2 and 3 of this article. The preclusion of the right of withdrawal is only valid if Rise Above Fear clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
- Preclusion from the right of withdrawal is only possible for products:
- that have been created by Rise Above Fear in accordance with the consumers specifications;
- that are clearly of a personal nature;
- that show clear signs of use.
Article 9 – 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 in VAT-tariffs.
- Contrary to the previous paragraph, Rise Above Fear may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which Rise Above Fear has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
- Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
- Price increases more than 3 months after the contract was concluded are only permitted if Rise Above Fear stipulated as much and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
- Prices stated in offers of products or services include VAT.
Article 10 – Conformity and guarantee
- Rise Above Fear guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed Rise Above Fear also guarantees that the product is suited for other than normal designation.
- Rise Above Fear offers a guarantee of 24 months for manufacturing errors, defects and other non-conformities. If the consumer discovers a non-conformity, an e-mail can be send to email@example.com and the defect part or the whole product will be replaced.
- The consumer is required to check the products immediately upon purchase. If there is a wrong, inadequate or incomplete product delivered, the consumer has to report this immediately, within a period of 7 days.
- The guarantee expires in matters that are clearly caused by own fault of the consumer, like scratches, fractures and other than normal usage. The guarantee also expires if the consumer has attempted to repair the product on his own.
Article 11 – Supply and implementation
- Rise Above Fear will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is deemed to be the address that the consumer makes known to the company. The consumer himself is responsible for possible changes.
- Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
- In the case of termination in accordance with the previous paragraph, Rise Above Fear will refund the consumer the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
- Should delivery of a product that has been ordered prove impossible, Rise Above Fear will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles. The costs of return shipments will be charged to Rise Above Fear.
- The risk of damage and/or loss of products rests upon Rise Above Fear up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to Rise Above Fear, unless this has explicitly been agreed otherwise.
- Rise Above Fear exceeding a delivery period is in no way cause for a refund.
- If a delivery contains multiple products of which one or more are not in stock, Rise Above Fear will wait with the delivery until all products can be send simultaneously.
Article 12 – Payment
- As far as no other date has been agreed, sums payable by the consumer should be paid within 14 days after the start of the withdrawal period as stipulated in article 6 paragraph 1. In the case of a contract to provide a service this 14 days start on the moment the consumer receives Rise Above Fear’s confirmation of the contract.
- When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
- The consumer is obliged to report immediately to Rise Above Fear any inaccuracies in payment data provided or stated.
- In the event of non-payment on the part of the consumer, Rise Above Fear has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.
- On various payment options, like IDEAL and AfterPay, specific conditions from the concerning companies may apply. Rise Above Fear has no influence on these conditions.
Article 13 – Complaints procedure
- Rise Above Fear provides for a complaints procedure that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
- Complaints about exercising the contract must be submitted to Rise Above Fear within reasonable time, in their entirety and clearly defined, after the consumer has discovered the defects.
- A reply to complaints submitted to Rise Above Fear 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 processing time, then Rise Above Fear will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
- If the complaint cannot be solved in joint consultation, then it becomes a dispute that is subject to the disputes settlement scheme.
- If a complaint is deemed valid, Rise Above Fear will, in consultation with the consumer come to an appropriate solution, whether it be a refund or a replacement product.
- Complaints can be submitted via e-mail or phone.
Article 14 – Disputes
- Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Belgian law. This also applies to consumers living abroad.
- The CISG is ruled out from disputes.
- A dispute shall first be mutually settled before it will be submitted to the competent law-court.
Article 15 – Additional or different stipulations
Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.
Rights can only be derived on the basis of the Dutch version of these general terms and conditions.