General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following is understood:

Reflection period: the period within which the consumer can exercise his right of withdrawal;

Consumerthe natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;

Day: calendar day;

Duration transactiona distance agreement regarding a range of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrierany means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows for future consultation and unchanged reproduction of the stored information.

Right of withdrawalthe possibility for the consumer to withdraw from the distance agreement within the reflection period;

Entrepreneurthe natural or legal person who offers products and/or services at a distance to consumers;

Distance agreementan agreement in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of

the agreement is exclusively made using one or more techniques for distance communication;

Technology for remote communicationmeans that can be used to conclude an agreement, without the consumer and entrepreneur being present in the same space at the same time.

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

Article 2 – Identity of the entrepreneur

D&G Commerce

Busschieterslaan 7, 4871LT Etten-Leur;

Email address: info@prostecwear.nl

Chamber of Commerce number: 81829043

Article 3 – Applicability

These general terms and conditions apply to every offer from ProstecWear and to every distance agreement and orders between ProstecWear and the consumer.

Before a distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before concluding the distance agreement that the general terms and conditions can be viewed at ProstecWear and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made electronically available to the consumer in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before concluding the distance contract where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

In the event that specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the case of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to them.

If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these terms shall remain in effect for the rest, and the relevant provision shall be promptly replaced by a provision that closely approximates the intent of the original in mutual consultation.

Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms must be explained 'in the spirit' of these general terms and conditions.

Article 4 – The offer

These general terms and conditions apply to every offer from ProstecWear and to every distance agreement and orders between ProstecWear and the consumer.

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

The offer is non-binding. ProstecWear reserves the right to change and adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. This description is detailed enough to enable the consumer to make a proper assessment of the offer. If ProstecWear uses images, they must be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind ProstecWear.

All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. However, ProstecWear cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the acceptance of the offer. This includes in particular:

The price including taxes.
Any shipping costs.
The manner in which the agreement will be concluded and what actions are necessary for that.
The possibility of withdrawal.
The method of payment, delivery, and execution of the agreement.
The period for acceptance of the offer or the period within which ProstecWear guarantees the price.
The rate for remote communication, if the costs of using the technology for remote communication are calculated on a basis other than the regular basic rate for the communication medium used.
Whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer.
How the consumer can check and possibly correct the data provided by them before concluding the agreement.
Any other languages in which, in addition to Dutch, the agreement can be concluded.
The codes of conduct to which ProstecWear has subjected itself and how the consumer can consult these codes of conduct electronically.
The minimum duration of the distance agreement in the case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The agreement

The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein, unless otherwise specified in paragraph 4.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately 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 takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

Within legal frameworks, the entrepreneur can ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance agreement. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with justification or to impose special conditions.

The entrepreneur will send the following information with the product or service to the consumer, in writing or in a manner that can be stored by the consumer on a durable data carrier:

The visiting address of the entrepreneur's establishment where the consumer can go with complaints.
The terms and procedure for exercising the right of withdrawal, including a clear indication of situations in which the right of withdrawal does not apply.
Information about guarantees and available service after purchase.
The data as mentioned in article 4 paragraph 3 of these terms, unless this data has already been provided to the consumer prior to the execution of the agreement.
The requirements for termination of the agreement if it has a duration of more than one year or is of indefinite duration. In the case of a long-term transaction, this provision only applies to the first delivery.

Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 14 days. This reflection period starts the day after the consumer receives the product or a representative designated by the consumer and communicated to the entrepreneur.

During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered 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 are required to notify the entrepreneur within 14 days of receiving the product. The notification must be made by the consumer through a written message or email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If the customer has not indicated that they wish to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs for returning the products are borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received by the retailer or that conclusive evidence of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least before the conclusion of the agreement.

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

That have been manufactured by the entrepreneur according to the specifications of the consumer.
That are clearly personal in nature.
That by their nature cannot be returned.
That can spoil quickly or age.
Whose price depends on fluctuations in the financial market over which the entrepreneur has no influence.
For single newspapers and magazines.
For audio and video recordings and computer software whose seal has been broken by the consumer.
For hygienic products whose seal has been broken by the consumer.

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

Regarding accommodation, transport, restaurant services, or leisure activities that must be performed on a specific date or during a specific period.
Whose delivery has started with the express consent of the consumer before the cooling-off period has expired.
Regarding bets and lotteries.

Article 9 – The price

During the validity period as stated in the offer, the prices of the offered products and/or services will not be increased, except as a result of changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This tie to fluctuations and the fact that any prices mentioned are indicative prices will 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 legal regulations or provisions.

Price increases are only permitted from 3 months after the conclusion of the agreement if the entrepreneur has stipulated this and:

They are the result of legal regulations or provisions; or
The consumer has the authority to terminate the agreement effective from the day 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 is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, with the specifications mentioned in the offer, with the reasonable requirements of soundness and usability, and with the applicable legal provisions and government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can exercise against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The return of the products must take place in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for an 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 have otherwise been handled carelessly or are in violation of the entrepreneur's instructions and/or the packaging.
The defects are wholly or partially the result of regulations established or to be established by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care in receiving and executing orders for products.

The address provided by the consumer is considered the place of delivery.

The company will execute accepted orders as quickly as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If there is a delay in delivery or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge and to claim any compensation.

In the event of termination in accordance with the previous section, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. The consumer will be informed in a clear and understandable manner about the delivery of a replacement item no later than at the time of delivery. The right of withdrawal cannot be excluded for replacement items, and the costs of any return shipment are the responsibility of 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 previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination, and extension

The consumer has the right to terminate at any time an agreement that has been entered into for an indefinite period and that relates to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of up to one month.

The consumer has the right to terminate an agreement that has been entered into for a fixed term and that relates to the regular delivery of products (including electricity) or services at the end of the agreed duration, taking into account the agreed termination rules and a notice period of up to one month.

For the agreements mentioned in the previous sections, the consumer:

Can terminate at any time and is not limited to termination at a specific time or within a specific period.
Can terminate in the same way as the manner in which the agreement was entered into.
Can always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement that has been entered into for a fixed term and relates to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.

In deviation from the above, an agreement that has been entered into for a fixed term and relates to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.

An agreement that is entered into for a fixed term and relates to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of up to one month and a notice period of up to three months if the agreement relates to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly extended and will automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer has the right to terminate the agreement at any time after one year with a notice period of up to 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 reflection period, as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs that have been communicated to the consumer in advance.

Article 14 - Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clear detail within 7 days after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will send an acknowledgment of receipt within the 14-day period, indicating when the consumer can expect a more detailed response.

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

Submitting a complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, they will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.